Professional Documents
Culture Documents
The Services may change from time to time, at the sole discretion of Practo, 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 support@practo.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
Practo.
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 Practo 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.
i. 3.1END-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 Practo 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 Practo’s
services and to build new services.
3.1.3 The Website allows Practo 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 Practo 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 Practo 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 Practo or to any other person acting on behalf of Practo.
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
Practo of any actual or suspected unauthorized use of the User’s account or
password. Although Practo will not be liable for your losses caused by any
unauthorized use of your account, you may be liable for the losses of Practo or
such other parties as the case may be, due to any unauthorized use of your
account.
3.1.8If a User provides any information that is untrue, inaccurate,
not current or incomplete (or becomes untrue, inaccurate, not current or
incomplete), or Practo has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, Practo has the right to discontinue
the Services to the User at its sole discretion.
3.1.9Practo may use such information collected from the Users
from time to time for the purposes of debugging customer support related issues.
3.1.10Against every Practitioner listed in Practo.com, you may see
a ‘show number’ option. When you choose this option, you choose to call the
number through a free telephony service provided by Practo, and the records of
such calls are recorded and stored in Practo’s servers. Such call will have an IVR
message stating the purpose of recording your calls and your consent to such
recordings which are dealt with as per the Privacy Policy. Such records may be
accessed by Practo for quality control and support related purposes and are dealt
with only in accordance with the terms of the Privacy Policy. Such call facility
provided to you by Practo should be used only for appointment and booking
purposes, and not for consultation on health-related issues. Practo accepts no
liability if the call facility is not used in accordance with the foregoing. Practo may
also choose to not use this facility and show the practitioner's direct number. In
case you choose to not provide your consent to recording your calls that may have
personal information required for appointment and booking purposes, Practo
reserves the right to not provide the Services for which such personal information
is sought.
ii. 3.2RELEVANCE ALGORITHM
Practo’s relevance 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 Practo. Practo will not be liable for any change in the relevance
of the Practitioners on search results, 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. Practo in no event will be held responsible for the accuracy and the
relevancy of the listing order of the Practitioners on the Website.
iii. 3.3LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1Practo 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 specialization, qualification, fees, location,
visiting hours, and similar details. Practo takes reasonable efforts to ensure that
such information is updated at frequent intervals. Although Practo 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.
3.3.2The Services provided by Practo 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). Practo does not provide or make any representation, warranty or
guarantee, express or implied about the Website or the Services. Practo 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, Practo 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 Practo or any User in relation to any User or services provided by
such User.
3.3.3The Website may be linked to the website of third parties,
affiliates and business partners. Practo 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 Practo endorses the linked site. User may use the links and these
services at User’s own risk.
3.3.4Practo 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.
3.3.5If Practo determines that you have provided fraudulent,
inaccurate, or incomplete information, including through feedback, Practo reserves
the right to immediately suspend your access to the Website or any of your
accounts with Practo and makes such declaration on the website alongside your
name/your clinic’s name as determined by Practo for the protection of its business
and in the interests of Users. You shall be liable to indemnify Practo for any losses
incurred as a result of your misrepresentations or fraudulent feedback that has
adversely affected Practo or its Users.
3.3.6The information published under the head of "Industry wide
city-wise Pricing Graph" is derived from a benchmarking group that is determined
to be relevant by Practo in the relevant city. Practo has published this information
for guidance purpose and does not have the ability to ascertain accuracy of the
data based on which the information has been published and nor does it have any
duty to disclose to anyone the source of the underlying data sets based on which
this information has been published. Practo is not liable in any manner for any
consequence whatsoever arising out of any use of the information published here.
iv. 3.4BOOK APPOINTMENT AND CALL FACILITY
Practo enables Users to connect with Practitioners through two methods: a) Book
facility that allows Users book an appointment through the Website; b) Value added
telephonic services which connect Users directly to the Practitioner’s number
provided on the Website.
3.4.1Practo will ensure Users are provided confirmed appointment
on the Book facility. However, Practo has no liability if such an appointment is later
cancelled by the Practitioner, or the same Practitioner is not available for
appointment. Provided, it does not fall under the heads listed under the Practo
Guarantee Program, in which case the terms of this program shall apply.
3.4.2If a User has utilized the telephonic services, Practo reserves
the right to share the information provided by the User with the Practitioner and
store such information and/or conversation of the User with the Practitioner, in
accordance with our Privacy Policy.
3.4.3The results of any search Users perform on the Website for
Practitioners should not be construed as an endorsement by Practo of any such
particular Practitioner. If the User decides to engage with a Practitioner to seek
medical services, the User shall be doing so at his/her own risk.
3.4.4 Without prejudice to the generality of the above, Practo is
not involved in providing any healthcare or medical advice or diagnosis and hence
is not responsible for any interactions between User and the Practitioner. User
understands and agrees that Practo will not be liable for:
i. User interactions and associated issues User has with the
Practitioner;
ii. the ability or intent of the Practitioner(s) or the lack of it, in
fulfilling their obligations towards Users;
iii. any wrong medication or quality of treatment being given by
the Practitioner(s), or any medical negligence on part of the Practitioner(s);
iv. inappropriate treatment, or similar difficulties or any type of
inconvenience suffered by the User due to a failure on the part of the Practitioner
to provide agreed Services;
v. any misconduct or inappropriate behaviour by the
Practitioner or the Practitioner’s staff;
vi. cancellation or no show by the Practitioner or rescheduling
of booked appointment or any variation in the fees charged, provided these have
been addressed to under, Practo Guarantee Program.
3.4.5Users are allowed to provide feedback about their
experiences with the Practitioner, however, the User shall ensure that, the same is
provided in accordance with applicable law. User however understands that, Practo
shall not be obliged to act in such manner as may be required to give effect to the
content of Users feedback, such as suggestions for delisting of a particular
Practitioner from the Website.
3.4.6In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where
the User does not show-up at the concerned Practitioner’s clinic:
i. User’s account will be temporarily disabled from booking
further online appointments on Practo.com for next four (4) months, in case of,
three(3) Valid PNS, as per the Patient-No-Show Policy. However, the User can
continue to call the clinic via Practo.com to get an appointment.
ii. Patient- No-Show (P.N.S) for the purposes of these Terms
and Conditions, is defined as, any instance where a User, who booked an
appointment on the Website using the Book Appointment facility , has not turned
up for the appointment without cancelling, rescheduling, or informing the
Practitioner in advance about the same. When Practitioner informs Practo of the
incident or marks a particular appointment as P.N.S. using the Practo Ray
software or Practo Pro App within five (5) days of the scheduled appointment, an
email and SMS (“PNS Communication”) will be sent to the User to confirm on the
incident with reasons. Where the User is not able to establish that the User had a
legitimate reason as per Clause 3.4.6(c), for not showing up, Practo shall be
entitled to take actions as under Clause 3.4.6 (a). However Users understand
that, actions such as ones mentioned under Clause 3.4.6(a) are included as a
deterrent to stop Users from misusing the Website, and the loss of business hours
incurred by the Practitioner.
iii. Following instances, solely at the discretion of Practo, would
be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be
penalized as per Clause 3.4.6 (a):
a. User does not reply within seven (7) days, with
reasons to PNS Communication, from the date of receipt of such PNS
Communication;
b. In case User responds to the PNS Communication
with below reasons:
a. Forgot the appointment
b. Chose to visit another Practitioner/consulted
online;
c. Busy with other work; or such other reasons
(which Practo at its discretion decides to be a valid reason to not show up).
c. Where the User has booked a paid appointment and is
unable to visit the Practitioner, due to such genuine reasons of sickness etc. at
the sole discretion of Practo, pursuant to conducting of investigation, the User
shall be provided with a refund of such payment made by User, at the time of
booking. However, where cancellation charges have been levied, you would not
be entitled to complete refund.
iv. Practo reserves the right to make the final decision in case
of a conflict. The total aggregate liability of Practo with respect to any claims
made herein shall be INR 200.
3.4.7Cancellation and Refund Policy
i. In the event that, the Practitioner with whom User has
booked a paid appointment via the Website, has not been able to meet the User,
User will need to write to us at support@practo.com within five (5) days from the
occurrence of such event; in which case, the entire consultation amount as
mentioned on the Website will be refunded to the User within the next five (5) to
six (6) business days in the original mode of payment done by the User while
booking. In case where the User, does not show up for the appointment booked
with a Practitioner, without cancelling the appointment beforehand, the amount
will not be refunded, and treated as under Clause 3.4.6. However, where
cancellation charges have been levied (as charged by the Practitioner/Practice),
you would not be entitled to complete refund even if you have cancelled
beforehand.
ii. Users will not be entitled for any refunds in cases where, the
Practitioner is unable to meet the User at the exact time of the scheduled
appointment time and the User is required to wait, irrespective of the fact
whether the User is required to wait or choose to not obtain the medical services
from the said Practitioner.
v. 3.5NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
3.5.1Please 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 Practo 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.
3.5.2It is hereby expressly clarified that, the Information that you
obtain or receive from Practo, 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.
3.5.3The 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 (either on your or a another person’s behalf), please contact an
ambulance service or hospital directly.
vi. 3.6CONSULT
Click here to view Consult terms & conditions.
vii. 3.7PRACTO HEALTH FEED
These terms & conditions governing Practo Health feed are applicable to Users
(being both end-users/ Practitioner). However, it is clarified that the terms and
conditions herein applicable only to Practitioners and applicable to Users are called
out separately, as the context warrants.
3.7.1Practo Health feed is an online content platform available on
the Website, wherein Practitioners who have created a Practo profile can login and
post health and wellness related content.
3.7.2Practitioners can use Practo Health feed by logging in from
their health account, creating original content comprising text, audio, video,
images, data or any combination of the same (“Content”), and uploading said
Content to Practo’s servers. Practo will make available to the User a gallery of
images licensed by Practo from a third party stock image provider (“Practo
Gallery”). The User can upload their own images or choose an image from the
Practo Gallery. Practo does not provide any warranty as to the ownership of the
intellectual property in the Practo Gallery and the User acknowledges that the User
will use the images from the Practo Gallery at their own risk. Practo shall post such
Content to Practo Health feed at its own option and subject to these Terms and
Conditions. The Content uploaded via Practo Health feed does not constitute
medical advice and may not be construed as such by any person.
3.7.3Practitioners acknowledges that they are the original authors
and creators of any Content uploaded by them via Practo Health feed and that no
Content uploaded by them would constitute infringement of the intellectual
property rights of any other person. Practo reserves the right to remove any
Content which it may determine at its own discretion as violating the intellectual
property rights of any other person, including but not limited to patent, trademark,
copyright or other proprietary rights. Practitioner agrees to absolve Practo from and
indemnify Practo against all claims that may arise as a result of any third party
intellectual property right claim that may arise from the Practitioner’s uploading of
any Content on the Practo Health feed. The Practitioner may not use the images in
the Practo Gallery for any purpose other than those directly related to the creation
and uploading of Content to Practo Health feed. The Practitioner also agrees to
absolve Practo from and indemnify Practo against all claims that may arise as a
result of any third party intellectual property claim if the Practitioner downloads,
copies or otherwise utilizes an image from the Practo Gallery for his/her personal or
commercial gain.
3.7.4Practitioner hereby assigns to Practo, in perpetuity and
worldwide, all intellectual property rights in any Content created by the User and
uploaded by the User via Practo Health feed.
3.7.5Practo shall have the right to edit or remove the Content and
any comments in such manner as it may deem Practo Health feed at any time.
3.7.6Practitioner shall ensure that the Content or any further
responses to the Content (including responses to Users) is not harmful, harassing,
blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any
manner. Further, Practitioner should ensure that the Content is not invasive of any
other person’s privacy, or otherwise contains any elements that is hateful, racially
or ethnically objectionable, disparaging, or otherwise unlawful in any manner
whatever. Practo reserves the right to remove any Content which it may determine
at its own discretion is violative of these Terms and Conditions or any law or
statute in force at the time. Also, the Practitioner agrees to absolve Practo from
and indemnify Practo against all claims that may arise as a result of any legal claim
arising from the nature of the Content posted by the Practitioner on Practo Health
Feed.
3.7.7Practitioner shall ensure that no portion of the Content is
violative of any law for the time being in force.
3.7.8Practitioner shall ensure that the Content is not threatening
the unity, integrity, defence, security or sovereignty of India, friendly relations with
foreign states, or public order. Further the Practitioner shall ensure that the
Content will not cause incitement to the commission of any cognisable offence or
prevent investigation of any offence or is insulting to any other nation.
3.7.9User may also use Practo Health feed in order to view original
content created by Practitioners and to create and upload comments on such
Content, where allowed (“User Comment”).
3.7.10User acknowledges that the User Comment reflects the
views and opinions of the authors of such Content and do not necessarily reflect the
views of Practo.
3.7.11User agrees that the Content they access on Practo Health
feed does not in any way constitute medical advice and that the responsibility for
any act or omission by the User arising from the User’s interpretation of the
Content, is solely attributable to the User. The User agrees to absolve Practo from
and indemnify Practo against all claims that may arise as a result of the User’s
actions resulting from the User’s viewing of Content on Practo Health feed.
3.7.12User acknowledges that all intellectual property rights in the
User Comment on Practo Health feed vests with Practo. The User agrees not to
infringe upon Practo’s intellectual property by copying or plagiarizing content on
Practo Health feed. Practo reserves its right to initiate all necessary legal remedies
available to them in case of such an infringement by the User. Also, User Comment
will be the sole intellectual property of Practo. The User agrees not to post User
Comment that would violate the intellectual property of any third party, including
but not limited to patent, trademark, copyright or other proprietary rights. Practo
reserves the right to remove any User Comment which it may determine at its own
discretion as violating the intellectual property rights of any third party. The User
agrees to absolve Practo from and indemnify Practo against all claims that may
arise as a result of any third party intellectual property right claim that may arise
from the User Comment.
3.7.13User shall ensure that the User Comment is not harmful,
harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or
libelous in any manner. Further, User should ensure that the User Comment is not
invasive of any other person’s privacy, or otherwise contains any elements that is
hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in
any manner whatever. Practo reserves the right to remove any Content which it
may determine at its own discretion is violative of these Terms and Conditions or
any law or statute in force at the time Also, the User agrees to absolve Practo from
and indemnify Practo against all claims that may arise as a result of any legal claim
arising from the nature of the User Comment.
3.7.14User shall ensure that the User Comment is not threatening
the unity, integrity, defence, security or sovereignty of India, friendly relations with
foreign states, or public order. Further the Practitioner shall ensure that the User
Comment will not cause incitement to the commission of any cognisable offence or
prevent investigation of any offence or is insulting to any other nation.
viii. 3.8CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.8.1The contents listed on the Website are (i) User generated
content, or (ii) belong to Practo. The information that is collected by Practo directly
or indirectly from the End- Users and the Practitioners shall belong to Practo.
Copying of the copyrighted content published by Practo on the Website for any
commercial purpose or for the purpose of earning profit will be a violation of
copyright and Practo reserves its rights under applicable law accordingly.
3.8.2Practo 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, "Practo Content"), are the property of Practo and are protected
under copyright, trademark and other laws. User shall not modify the Practo
Content or reproduce, display, publicly perform, distribute, or otherwise use the
Practo Content in any way for any public or commercial purpose or for personal
gain.
3.8.3User shall not access the Services for purposes of monitoring
their availability, performance or functionality, or for any other benchmarking or
competitive purposes.
o 3.9REVIEWS AND FEEDBACK
By using this Website, you agree that any information shared by you with Practo 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 Practo in
publishing Critical Content is restricted to that of an ‘intermediary’ under the
Information Technology Act, 2000. Practo 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. Practo shall not be liable to
pay any consideration to any User for re-publishing any content across any of its
platforms.
and you agree to provide your fullest co-operation further to such communication by
Practo. Practo’s Feedback Collection and Fraud Detection Policy, is annexed as the
Schedule hereto, and remains subject always to these Terms.
ii. 3.10RECORDS
Practo may provide End-Users with a free facility known as ‘Records’ on its mobile
application ‘Practo’. Information available in your Records is of two types:
i. User-created: Information uploaded by you or information generated
during your interaction with Practo ecosystem, eg: appointment, medicine order
placed by you.
ii. Practice-created: Health Records generated by your interaction with a
Practitioner who uses ‘Practo Ray’ or other Services of Practo software.
The specific terms relating to such Health Account are as below, without prejudice to
the rest of these Terms and the Privacy Policy:
i. 3.10.1Your Records is only created after you have signed up and
explicitly accepted these Terms.
ii. 3.10.2Any Practice created Health Record is provided on an as-is basis at
the sole intent, risk and responsibility of the Practitioner and Practo 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 Health Record in any manner.
iii. 3.10.3The Health Records are provided on an as-is basis. While we strive
to maintain the highest levels of service availability, Practo is not liable for any
interruption that may be caused to your access of the Services.
iv. 3.10.4The reminder provided by the Records is only a supplementary way
of reminding you to perform your activities as prescribed by your Practitioner. In the
event of any medicine reminders provided by Practo, you should refer to your
prescription before taking any medicines. Practo is not liable if for any reason
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 reminders, you can
switch it off through the Practo app.
v. 3.10.5It is your responsibility to keep your correct mobile number and
email ID updated in the Records. The Health Records will be sent to the Records
associated with this mobile number and/or email ID. Every time you change any
contact information (mobile or email), we will send a confirmation. Practo is not
responsible for any loss or inconvenience caused due to your failure in updating the
contact details with Practo.
vi. 3.10.6Practo uses industry–level security and encryption to your Health
Records. However, Practo does not guarantee to prevent unauthorized access if you
lose your login credentials or they are otherwise compromised. In the event you are
aware of any unauthorized use or access, you shall immediately inform Practo of
such unauthorized use or access. Please safeguard your login credentials and report
any actual suspected breach of account to support@practo.com.
vii. 3.10.7If you access your dependents’ Health Records by registering your
dependents with your own Records, you are deemed to be responsible for the Health
Records of your dependents and all obligations that your dependents would have
had, had they maintained their own separate individual Records. You agree that it
shall be your sole responsibility to obtain prior consent of your dependent and shall
have right to share, upload and publish any sensitive personal information of your
dependent. Practo assumes no responsibility for any claim, dispute or liability arising
in this regard, and you shall indemnify Practo and its officers against any such claim
or liability arising out of unauthorized use of such information.
viii. 3.10.8In case you want to delete your Records, you can do so by
contacting our service support team. However only your account and any associated
Health Records will be deleted, and your Health Records stored by your Practitioners
will continue to be stored in their respective accounts.
ix. 3.10.9You may lose your “User created” record, if the data is not synced
with the server.
x. 3.10.10If the Health Record is unassessed for a stipulated time, you may
not be able to access your Health Records due to security reasons.
xi. 3.10.11Practo is not liable if for any reason, Health Records are not
delivered to you or are delivered late despite its best efforts.
xii. 3.10.12The Health Records are shared with the phone numbers that are
provided by your Practitioner. Practo is not responsible for adding the Heath Records
with incorrect numbers if those incorrect numbers are provided by the Practitioner.
xiii. 3.10.13Practo is not responsible or liable for any content, fact, Health
Records, medical deduction or the language used in your Health Records
whatsoever. Your Practitioner is solely responsible and liable for your Health Records
and any information provided to us including but not limited to the content in them.
xiv. 3.10.14Practo has the ability in its sole discretion to retract Health
Records without any prior notice if they are found to be shared incorrectly or
inadvertently.
xv. 3.10.15Practo will follow the law of land in case of any constitutional
court or jurisdiction mandates to share the Health Records for any reason.
xvi. 3.10.16You agree and acknowledge that Practo may need to access the
Health Record for cases such as any technical or operational issue of the End User in
access or ownership of the Records.
xvii. 3.10.17You acknowledge that the Practitioners you are visiting may
engage Practo's software or third party software for the purposes of the functioning
of the Practitioner’s business and Practo's services including but not limited to the
usage and for storage of Records (as defined in Section 3.10) in India and outside
India, in accordance with the applicable laws.
xviii. 3.10.18To the extent that your Records have been shared with Practo or
stored on any of the Practo products used by Practitioner’s you are visiting, and may
in the past have visited, You hereby agree to the storage of your Records by Practo
pertaining to such previously visited clinics and hospitals who have tie ups with
Practo for the purposes of their business and for Practo's services including but not
limited to the usage and for storage of Records (as defined in Section 3.10) in India
and outside India, in accordance with the applicable laws and further agree, upon
creation of your account with Practo, to the mapping of such Records as may be
available in Practo’s database to your User account.
o 3.11PRACTO MEDICINE INFORMATION
For detailed terms and conditions regarding medicine information click here.
o 3.12Practo Q&A
i. 3.12.1Terms for Practitioners:
i. Every Practitioner on the Q&A Platform must be qualified in
the area of expertise that he represents as being his qualification.
ii. The Q&A Platform is a platform for exchange of information
which is of general nature in a question and answer format. The Q&A Platform
is not for emergency situations.
iii. Any Q&A interaction cannot be construed as a medical
consultation with the Practitioner, in any manner whatsoever.
iv. Practo Users may post questions on medical issues
(“Querist”), and these queries can be answered by multiple Practitioners on the
Q&A Platform. It is expressly clarified that no doctor-patient relationship is
established between the Querist and Practitioner, in any manner whatsoever, by
indulging in this Q&A.
v. The Practitioner may provide probable views,
recommendations, suggestions and solutions to the question posted by a Querist.
However, it is expressly clarified that any such view, recommendation, suggestion
and solution shall not be construed as medical advice. The person in question
(being Querist or not) is advised to consult with a doctor in this regard.
vi. Practitioner shall not share their personal, religious and/or
moral views with the Querist while issuing their response.
vii. The Practitioner cannot issue and/or prescribe any medicines
on the Q&A platform. It is a platform for only exchange of information and not a
consultation/ medical advice.
viii. The Practitioner is absolutely and expressly
prohibited to:
a. Provide a medical diagnosis;
b. Issue a prescription;
c. Post any response which comprises of any derogatory
language, objectionable, pornographic and /or offensive content;
d. Advertise any brand of drugs, supplements, vaccines
and medications, in any manner of whatsoever;
e. Advertise to/solicit patients in any manner including
without limitation by way of using social media handles, including without
limitation, facebook, twitter etc., telephone/ mobile numbers, youtube, and
address;
f. Promote content and activities which are illegal in
nature;
ix. In the event of any breach of these QA T&C, Practo will take
appropriate action inter alia ranging from issuing warnings to removal of
Practitioner from the Q&A Platform, in its sole and absolute discretion, on a case
to case basis.
x. Any liability arising out of the response issued by a
Practitioner will be borne solely by the Practitioner. Q&A Platform is only a
platform interface provided by Practo for sharing and exchanging information
purposes.
xi. The Q&A Platform shall be audited on a regular basis by
Practo for ascertaining compliance by the Practitioner to Paragraph 6, and the
Practitioners consent to the same. It is clarified that the said audit is not
conducted for the purpose of quality check or validation of responses issued by
Practitioner.
xii. All general Practo Terms and Conditions shall govern the QA
T&C to the extent applicable. Decision of Practo is final and binding on the issues
arising under the QA T&C and Practo Terms and Conditions.
ii. 3.12.2Terms for User/Querist:
i. The personally identifiable information of the querist shall be
anonymized by Practo prior to posting the question on the Q&A Platform;
ii. Q&A Platform is a public forum for exchange of information,
hence, any question posted by a querist is visible publicly. It is advisable for a
User to ensure that no confidential information is published by them on the Q&A
Platform.
iii. User shall not use the Q&A Platform for emergency
situations.
iv. The User is prohibited to post any query/issue on the Q&A
Platform, which comprises of any derogatory language, objectionable,
pornographic and /or offensive content;
v. Any response provided by the Practitioner shall not be
construed as medical advice on the Q&A Platform. Q&A Platform is a platform for
exchange of information which is of general nature in a question and answer
format. This cannot be construed as a medical consultation with the Practitioner,
in any manner whatsoever.
vi. It is expressly clarified that no doctor-patient relationship is
established between the user and Practitioner, in any manner whatsoever, by
indulging in this Q&A. The Practitioner may provide probable views,
recommendations, suggestions and solutions to the question posted. However, it
is expressly clarified that any such view, recommendation, suggestion and
solution shall not be construed as medical advice. The person in question (being
Querist or not) is advised to consult with a doctor in this regard.
vii. All general Practo Terms and Conditions shall govern the QA
T&C to the extent applicable. Decision of Practo is final and binding on the issues
arising under the QA T&C and Practo Terms and Conditions.
o 3.13PRACTO DIAGNOSTICS
For detailed terms and conditions regarding diagnostics click here.
o 3.14 PRACTO HEALTHCASH
i. 3.14.1 Practo HealthCash is a grant of benefit in the form of credits in the
Practo accounts of the Users (“Practo HealthCash”) in the form and under such
circumstances decided by Practo from time to time.
ii. 3.14.2 Practo HealthCash can be redeemed by the User only to pay online
for the following services on the Website:
Ordering medicines online;
Consulting a doctor online;
Booking diagnostic tests and health check-ups;
Pre-paying for doctor appointment bookings; and
Subscribing to Healthcare plans.
(The above services on the Website are collectively referred to as “Permitted
Services”.)
ii. 3.14.3 Every time a User using (i) Android version 4.31 or above; or (ii)
iOS version 4.24 or above of the Practo mobile application; or (iii) the Practo website
(www.practo.com), uses HealthCash to pay online for any of the Permitted Services
availed by him/her, only such percentage of the total amount to be paid for the
availed Permitted Services, as may be prescribed by Practo from time to time on the
respective Practo mobile application or website ( www.practo.com ), can be
redeemed by such User using the Practo HealthCash per transaction.
iii. 3.14.4 Practo HealthCash neither can be converted to actual money nor
can be transferred to any bank accounts.
iv. 3.14.5 The Practo HealthCash received by each User may or may not
have an expiry date associated with it and the said expiry date is subject to the
following:
The expiry date associated with Practo HealthCash may vary from
time to time. However, the same cannot exceed beyond 2 (Two) years
The expiry date of Practo HealthCash may be intimated to each
User by way of SMS or e-mail or in-App notification on the Website.
The expiry date of Practo HealthCash can be viewed by each User
in the designated page for HealthCash in the Website.
The User acknowledges that Practo has agreed to offer Practo
HealthCash in its sole discretion. Nothing in these Terms shall be interpreted to
restrict Practo’s right to withdraw the Practo HealthCash before the expiry date.
v. 3.14.6 Practo reserves its discretion to deny Practo HealthCash to any
User in its sole discretion, notwithstanding compliance by such User of the
requirements set out in the Terms, applicable law or otherwise.
vi. 3.14.7 Other than the conditions set out in these Terms, accrual,
utilization, expiry or any other treatment of Practo HealthCash may be further
restricted by the terms governing the specific service or facility offered by Practo or
its business associates, the procurement of which entitles Practo HealthCash to a
User (“HealthCash Terms”). In the event of any inconsistency between these
Terms and the HealthCash Terms in relation to accrual, utilization, expiry or any
other treatment of Practo HealthCash by a User, the HealthCash Terms shall override
these Terms to the extent of such inconsistency.
o 4. TERMS OF USE PRACTITIONERS
Practo ensures easy access to the Practitioners by providing a tool to update your
profile information. Practo reserves the right of ownership of all the Practitioner’s
profile and photographs and to moderate the changes or updates requested by
Practitioners. However, Practo 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 Practo’s 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,
Practo may modify or delete parts of your profile information at its sole discretion
with or without notice to you.
4.3REVIEWS AND FEEDBACK DISPLAY RIGHTS OF PRACTO
4.3.1All Critical Content is content created by the Users of
www.practo.com (“Website”) and the clients of Practo customers and
Practitioners, including the End-Users. As a platform, Practo 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 Practo and other legal rights and obligations relating to the Critical
Content are further detailed in Clauses 3.9 and 5 of these Terms. Practo’s Feedback
Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and
remains subject always to these Terms.
4.3.2Practo reserves the right to collect feedback and Critical
Content for all the Practitioners, Clinics and Healthcare Providers listed on the
Website.
4.3.3Practo 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.
4.3.4You understand that by using the Services you may be
exposed to Critical Content or other content that you may find offensive or
objectionable. Practo 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. Practo however, 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 3.9 and 5 of these
Terms.
4.3.5Practo 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.
4.3.6If Practo determines that you have provided inaccurate
information or enabled fraudulent feedback, Practo reserves the right to
immediately suspend any of your accounts with Practo and makes such declaration
on the website alongside your name/your clinics name as determined by Practo for
the protection of its business and in the interests of Users.
4.4RELEVANCE ALGORITHM
Practo has designed the relevance algorithm in the best interest of the End-User
and may adjust the relevance algorithm from time to time to improve the quality of
the results given to the patients. It is a pure merit driven, proprietary algorithm
which cannot be altered for specific Practitioners. Practo shall not be liable for any
effect on the Practitioner’s business interests due to the change in the Relevance
Algorithm.
4.5INDEPENDENT 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 Practo.
4.6PRACTO REACH RIGHTS
Practo reserves the rights to display sponsored ads on the Website. These ads
would be marked as “Sponsored ads”. Without prejudice to the status of other
content, Practo will not be liable for the accuracy of information or the claims made
in the Sponsored ads. Practo does not encourage the Users to visit the Sponsored
ads page or to avail any services from them. Practo will not be liable for the
services of the providers of the Sponsored ads.
You represent and warrant that you will use these 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 Practo accepts no liability for the same.
4.7PRACTO MEDICINE INFORMATION
For detailed terms and conditions regarding medicine information click here.
4.8 BOOK APPOINTMENT AND CALL FACILITY
4.8.1As a valuable partner on our platform we want to ensure that
the Practitioners experience on the Practo booking platform is beneficial to both,
Practitioners and their Users.
For all terms and conditions of Book facility on Practo profile check Book
Standards .
4.8.2Practitioner understands that, Practo 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 Practitioner. The option of publishing or modifying or
moderating or masking (where required by law or norm etc.) the feedback provided
by Users shall be solely at the discretion of Practo.
4.9 PRACTITIONER UNDERTAKING
The Practitioner is and shall be duly registered, licensed and qualified to practice
medicine/ provide health care, wellness services, as per applicable
laws/regulations/guidelines set out by competent authorities and the Practitioner
shall not be part of any arrangement which will prohibit him/her from practicing
medicine within the territory of India. The Practitioner shall at all times ensure that
all the applicable laws that govern the Practitioner shall be followed and utmost
care shall be taken in terms of the consultation/ services being rendered.
4.10 USAGE IN PROMOTIONAL & MARKETING MATERIALS
o 6.TERMINATION
i. 6.1Practo 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,
Such User breaches any terms and conditions of the Agreement;
A third party reports violation of any of its right as a result of your
use of the Services;
Practo is unable to verify or authenticate any information provide
to Practo by a User;
Practo has reasonable grounds for suspecting any illegal, fraudulent
or abusive activity on part of such User; or
Practo believes in its sole discretion that User’s actions may cause
legal liability for such User, other Users or for Practo or are contrary to the interests
of the Website.
ii. 6.2Once 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.
o 7.LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Practo, 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 other 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).
Practo 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.
In the event you suffer as a result of access or usage of our Website by any person
in violation of Rule 3 of the IG Rules, please address your grievance to the above
person.
o 11.SEVERABILITY
o 12.WAIVER
By availing the Health Plan Service, you signify your acceptance of the terms of the
Standard Policies and these Practo Health Plan Terms.
We reserve the right to modify or terminate any portion of these Practo Health Plan
Terms and the Standard Policies for any reason and at any time, and such
modifications shall be informed to You by appropriate notifications on the Website.
You should read these Practo Health Plan Terms and the Standard Policies at
regular intervals. Your continued availing of Health Plan Service following any such
modification constitutes your agreement to follow and be bound by these Terms
and the Standard Policies so modified.
You acknowledge that you will be bound by these Practo Health Plan Terms
specifically for availing any of the Health Plan Service. If you do not agree with any
part of these Practo Health Plan Terms and/or the Standard Policies, please do not
use the Website or avail the Health Plan Service.
Your access and use of the Health Plan Service will be solely at the discretion of
Practo.
xx. 14.2 CONDITIONS OF USE
You must be eighteen (18) years of age or older to register on the Website for
availing the Health Plan Service as a Primary User. As a Primary User, You can add
minors as Covered Member(s) under the Health Plan Service availed and subscribed
to with the express understanding that the Primary Member shall be entirely
responsible and liable on all counts for compliance with these Practo Health Plan
Terms for and on behalf of such Covered Member who is below the age of majority.
By registering, visiting and using the Website for availing the Health Plan Service or
accepting these Terms and the Standard Policies, You represent and warrant to
Practo that You are eighteen (18) years of age or older and have the appropriate
authorization to contract on behalf of a Covered Member who is below the age of
majority, and that You have the right, authority and capacity to use the Website for
availing the Health Plan Service and agree to and abide by these Terms.
xxi. 14.3 TERMS OF THE HEALTH PLAN SERVICE
14.3.1 Term: The Health Plan Service subscribed by You will be
valid for the period as per the Plan Details commencing from the date of the
subscription of the Health Plan Service (“Term”). After the expiry of the Term, You
may choose a different Plan as per the Plan Details and subscribe thereto or renew
Your existing subscription, on such terms that are valid and subsisting as on date of
subscription or renewal. The benefits under the Health Plan Service cannot be
carried forward after the expiry of the Term.
14.3.2 Registration: The Primary User is a registered user on the
Website and has subscribed to the Health Plan Service on the Website by paying
the applicable fees as per the Plan Details. You could avail the Plan solely for You or
for Yourself and any Covered Member(s). Each Covered Member, who is covered by
the Health Plan Service subscribed by You will have to follow an authentication
mechanism to utilize the Health Plan Service. The maximum number of permissible
Covered Members per each Primary User will be set out in the Plan Details. Covered
Members, once added by the Primary User cannot be removed, modified or edited.
14.3.3 Information: As a part of the registration process for Health
Plan Service, You will fill in certain personal information and details in order to
create a medical history and profile which will be accessible to the Practitioners.
The information shared by You will be dealt with in accordance with the Standard
Policies.
14.3.4 Health Plan Service details: As a part of Health Plan
Service, You are entitled to benefits (which may include such number of
consultations, offers on medicines which are ordered through the Website,
discounted health check-ups, discounts / offers on diagnostics tests and Family
Doctor benefit, or any other benefit that Practo may offer in the future) that are set
out in the Plan Details.
14.3.5 Health Plan Service process: After subscribing to Health
Plan Service, You will be eligible to avail the benefits covered under the Health Plan
Service as under:
i. Consultations: Covered Consultations and their
Utilization: As part of the Health Plan Service, You are entitled to certain number
of consultations with Covered Practitioners at a discounted rate (“Covered
Consultations”). For the purposes of these Terms, “Covered Practitioners” are
those Practitioners who have been onboarded by Practo to provide You the
Covered Consultation as part of Health Plan Service. The number of Covered
Consultations that You are eligible for shall be displayed under Your Plan Page.
The Covered Consultations can be availed by You either by booking through the
Website by using the Book facility (as published on the Website) or by way of a
walk-in. It is clarified that the benefits under the Covered Consultations will be
calculated cumulatively and not per member. Illustratively, 1 Primary User has
subscribed to the Health Plan Service with 4 Covered Members who are
cumulatively entitled to 10 Covered Consultations. This means that as a group
(Primary User and the Covered Members) the number of Covered Consultations is
10. These 10 Covered Consultations can be utilized by 1 individual User or more
than 1 individual user in such combination and proportion that they choose as a
group. Further, if You have exhausted the Covered Consultations under the Health
Plan Service, You will still be able to avail other benefits which are a part of the
Health Plan Service, however, if You seek a consultation with the Covered
Practitioners after exhausting the Covered Consultation, You will have to pay to
the Covered Practitioner their standard rate at their establishment. If before the
expiry of the Term, You have exhausted the Covered Consultations that You were
eligible for, You may have an option to renew Health Plan Service solely for the
purpose of subscribing to additional number of Covered Consultation during the
Term.
Authentication: If You are booking a Covered Consultation through Practo’s
Book facility, then the Plan Details, shall indicate such Covered Consultation to
have been consumed at the time of booking such Covered Consultation, unless
you have cancelled it as per permissible timelines set out in the Standard Policies.
However, if You are availing the Covered Consultation by way of a walk-in
appointment, then the Plan Details shall indicate such Covered Consultation to
have been consumed once You authenticate Your booking at such Covered
Practitioner’s establishment. Covered consultations do not include consultations
with Physiotherapist, Psychiatrist, Ayurveda, and Homeopathy.
ii. Medicine: As part of the Health Plan Service, You are eligible
to receive offers on order of medicines (as offered for sale by Registered
Pharmacies which are the sellers of such medicines) through the Website during
the Term as per the Plan Details. The type of offers will be set out under your Plan
Details. The other terms and conditions governing the order of medicines which
are available at https://www.practo.com/order/terms (“Order Terms”) will
applicable to You in conjunction with the Standard Policies. The offers on purchase
of medicines is available only on purchase of medicines through the Website and
not via any other mode. For the purposes of these Practo Health Plan Terms,
“Registered Pharmacies” are those pharmacies who have been on-boarded by
Practo to offer You sale of medicine as part of the Health Plan Service through the
Website. Additionally, the Order Terms applicable to Practo and User on medicine
order will apply ‘as is’ under these Practo Health Plan Terms. It is to be noted that
Practo is not the seller of the medicines but only a facilitator which facilitates
procurement of medicine between You and a Registered Pharmacist. Practo is in
no manner liable for or responsible towards the underlying medicine sale between
the User and the registered pharmacist. Practo hereby disclaims and excludes all
warranties with respect to all services, information and/or products contained on a
medicine order, express, implied or statutory.
iii. Diagnostics: As part of Health Plan Service, You will be
eligible to receive discounts / offers on the diagnostic tests availed by You
(undertaken by Diagnostic Centres) through the Website for the Term as per the
Plan Details. The quantum of the discount or type of offers will be set out under
your Plan Details. The other terms and conditions governing the lab/diagnostic
tests which are available
at https://www.practo.com/company/terms/diagnostic will applicable to You in
conjunction with the Standard Policies. For the purposes of these Terms,
“Diagnostic Centres” are those diagnostic centres who have been onboarded by
Practo to offer You diagnostic tests under the Health Plan Service. It is to be
noted that the terms applicable to Practo and User on diagnostic tests will apply
‘as is’ under these Terms. The lab that You choose for the diagnostic test will offer
at-home diagnostic service, and may offer walk-in tests at its discretion. It is
clarified that all diagnostic tests may not be covered under Health Plan Service
which is at the discretion of such Diagnostic Centres. It is further clarified that
Practo does not conduct any diagnostic tests but is only a facilitator between the
User and the Diagnostic Centres. Practo is in no manner liable for or responsible
towards the actual test and analysis undertaken by the Diagnostic Centre. Practo
disclaims and excludes all warranties in relation to any diagnostic service availed
by the User as part of the Health Plan Service.
iv. Health Check-ups: As a benefit extended to You as a
subscriber to Health Plan Service, You will get health check-ups at discounted fees
during the Term. The details (including the number) of health check-ups will be
visible to You under your Plan Page. As with Covered Consultations, the Primary
User and the Covered Members may, as a group, choose to avail the health
check-ups in such proportion amongst themselves as they deem fit. Health check-
up would be provided by the Covered Practitioners and the Diagnostic Centres.
v. Family Doctor: As a part of the Health Plan Service, You will
also be eligible to avail the benefit of online tele-consultation with a team of
Practitioners (“Family Doctor”). The Family Doctor will be available to You for
consult and You are not required to pay any additional sum to consult with such
Family Doctor. The Family Doctor benefit may be availed either through a phone
call or chat or a video call. The Standard Policies applicable to You with regard to
the online consultation (Practo Consult / Consult) will apply “as is”. Please note
that the benefit of Family Doctor Consult is merely a consulting model and any
interactions and associated issues with the Practitioner acting as Family Doctor,
including but not limited to the Your health issues and/or Your experiences is
strictly between You and such Practitioner. You shall not hold Practo responsible
for any such interactions and associated issues. Any conversations that You have
had with Family Doctor will be retained in Practo database as per the applicable
laws and subject to confidentiality as laid out in the Standard Policies.
Additionally, Practo in no manner endorses any Practitioner who is acting in the
capacity of Family Doctor, that You consult and is not in any manner responsible
for any drug/medicines prescribed or the therapy prescribed by such Family
Doctor on the basis of the consultation. Further, Practo shall not be responsible
for any breach of service or service deficiency by such Practitioner. It is further
clarified that Practo is not a medical service provider, nor is it involved in
providing any healthcare or medical advice or diagnosis, it shall hence not be
responsible and owns no liability to either You or any Practitioner for any outcome
from the consultation between You and such Practitioner. The Family Doctor
benefit is made available to You to obtain consultation from a Practitioner as a
part of the Health Plan Service and is in no way intending to replace physical
consultations with the Practitioner.
14.3.6 Payment for the Health Plan Service: You will pay to Practo
at the time of subscribing to the Health Plan Service, at the rates set out in the
Plan Details. At the time of visiting the establishment of the Practitioner for
Covered Consultation, You are not required to pay any amount as long as your
eligibility for Covered Consultations are valid and has been set out in the Plan Page.
After availing the Covered Consultation service, You are required to let the billing
department of such Practitioner’s establishment know, that You have availed it by
way of a Covered Consultation as part of Health Plan Service which will then be
authenticated by the Practitioner’s establishment.
14.3.7 Health Plan Service Cancellation and Refund Policy:
You may have an option to cancel Your subscription to the Health Plan Services.
You will contact Practo on the customer support chat channel regarding cancelling
Your subscription to the Health Plan Service. Further, Practo may refund the
amount paid by You towards your subscription of the Health Plan Services (“Health
Plan Subscription amount”), subject to the following conditions:
i. 1. In the event the Health Plan Subscription amount is Rs.
3,999 (Rupees Three Thousand Nine Hundred and Ninety Nine) or Rs. 5,999
(Rupees Five Thousand Nine Hundred and Ninety Nine) the refund scheme is as
follows:
a. If the user has not availed any of the Health Plan
Services which are mentioned in the User’s Plan Details within a period of 15
(Fifteen) days from the date of subscribing to the Health Plan Services (“Free
Look Period”) and if the user requests for a cancellation of his/her Health Plan
Services during the Free Look Period, Practo will refund the entire Health Plan
Subscription amount which was paid by the user.
b. If the user requests for cancellation of his/her
subscription to the Health Plan Services during the Free Look Period and if the
user has already availed certain Health Plan Services which are mentioned in the
user’s Plan Details during the Free Look Period, Practo will deduct maximum of
Rs. 1,000 (Rupees One Thousand) or the actual value of the Health Plan
Services availed by the user, whichever is higher.
c. If the user requests for cancellation of his/her
subscription to the Health Plan Services after expiry of the Free Look Period,
Practo will refund the Health Plan Subscription amount in the following manner:
a. If the cancellation request by the user is within
16 (Sixteen) days to 89 (Eighty Nine) days from the date of user’s subscription
to the Health Plan Services, Practo will refund 75% (Seventy Five percent) of
the Health Plan Subscription amount or the actual cost of Health Plan Services
availed by the user, whichever is higher;
b. If the cancellation request by the user is within
90 (Ninety) days to 179 (One hundred and Seventy Nine) days from the date
of user’s subscription to the Health Plan Services, Practo will refund 50% (Fifty
percent) of the Health Plan Subscription amount or the actual cost of Health
Plan Services availed by the user, whichever is higher;
c. If the cancellation request by the user is within
180 (One Hundred and Eighty) days to 269 (Two hundred and Sixty Nine) from
the date of user’s subscription to the Health Plan Services, Practo will refund
25% (Twenty Five percent) of the Health Plan Subscription amount or the
actual cost of Health Plan Services availed by the user, whichever is higher;
and
d. The user will not be entitled to any refund of
the Health Plan Subscription amount if the cancellation request by the user is
after 269 (Two Hundred and Sixty Nine) from the date of user’s subscription to
the Health Plan Services.
ii. 2. In the event the Health Plan Subscription amount paid by
the user is Rs. 1,999 (Rupees One Thousand Nine Hundred and Ninety Nine) or
Rs.2,999 (Rupees Two Thousand Nine Hundred and Ninety Nine) the refund
scheme is as follows:
a. If the user has not availed any of the Health Plan
Services which are mentioned in the user’s Plan Details within the Free Look
Period and if the user requests for a cancellation of his/her Health Plan Services
during the Free Look Period, Practo will refund the entire Health Plan
Subscription amount which was paid by the user.
b. If the user requests for cancellation of his/her
subscription to the Health Plan Services during the Free Look Period and if the
user has already availed certain Health Plan Services which are mentioned in the
user’s Plan Details during the Free Look Period, Practo will refund the Health
Plan Subscription amount after deducting the consultation fees (as mentioned by
the respective doctor on the Website) for the consultation(s) availed by the user
as part of the Health Plan Services.
c. If the user requests for cancellation of his/her
subscription to the Health Plan Services after expiry of the Free Look Period,
Practo will refund the Health Plan Subscription amount in the following manner:
a. If the cancellation request by the user is within
16 (Sixteen) days to 89 (Eighty Nine) days from the date of user’s subscription
to the Health Plan Services, Practo will refund 75% (Seventy Five percent) of
the Health Plan Subscription amount or the actual cost of Health Plan Services
availed by the user, whichever is higher;
b. If the cancellation request by the user is within
90 (Ninety) days to 179 (One hundred and Seventy Nine) days from the date
of user’s subscription to the Health Plan Services, Practo will refund 50% (Fifty
percent) of the Health Plan Subscription amount or the actual cost of Health
Plan Services availed by the user, whichever is higher;
c. If the cancellation request by the user is within
180 (One Hundred and Eighty) days to 269 (Two hundred and Sixty Nine) days
from the date of user’s subscription to the Health Plan Services, Practo will
refund 25% (Twenty Five percent) of the Health Plan Subscription amount or
the actual cost of Health Plan Services availed by the user, whichever is higher;
and
d. The user will not be entitled to any refund of
the Health Plan Subscription amount if the cancellation request by the user is
after 269 (Two Hundred and Sixty Nine) days from the date of user’s
subscription to the Health Plan Services.
iii. 3. In the event the Health Plan Subscription amount paid by
the user is Rs.399 (Rupees Three Hundred and Ninety Nine) or Rs.499 (Rupees
Four Hundred and Ninety Nine) or Rs.799 (Rupees Seven Hundred and Ninety
Nine)the refund scheme is as follows:
a. If the user has not availed any of the Health Plan
Services which are mentioned in the user’s Plan Details within a period of 7
(Seven) days from the date of subscribing to the Health Plan Services (“Free
Look Period”) and if the user requests for a cancellation of his/her Health Plan
Services during the Free Look Period, Practo will refund the entire Health Plan
Subscription amount which was paid by the user.
b. If the user requests for cancellation of his/her
subscription to the Health Plan Services during the Free Look Period and if the
user has already availed certain Health Plan Services which are mentioned in the
user’s Plan Details during the Free Look Period, Practo will refund the Health
Plan Subscription amount after deducting the consultation fees (as mentioned by
the respective doctor on the Website) for the consultation(s) availed by the user
as part of the Health Plan Services.
c. The user will not be entitled to any refund of the
Health Plan Subscription amount if the cancellation request by the user is after 7
(Seven) days from the date of user’s subscription to the Health Plan Services.
iv. 4. In the event the Health Plan Subscription amount paid by
the user is Rs.1499 (Rupees One Thousand Four Hundred and Ninety Nine) the
refund scheme is as follows:
a. If the user has not availed any of the Health Plan
Services which are mentioned in the user's Plan Details within a period of 15
(Fifteen) days from the date of subscribing to the Health Plan Services ("Free
Look Period") and if the user requests for a cancellation of his/her Health Plan
Services during the Free Look Period, Practo will refund the entire Health Plan
Subscription amount which was paid by the user.
b. If the user requests for cancellation of his/her
subscription to the Health Plan Services during the Free Look Period and if the
user has already availed certain Health Plan Services which are mentioned in the
user's Plan Details during the Free Look Period, Practo will refund the Health
Plan Subscription amount after deducting the consultation fees (as mentioned by
the respective doctor on the Website) for the consultation(s) availed by the user
as part of the Health Plan Services.
c. The user will not be entitled to any refund of the
Health Plan Subscription amount if the cancellation request by the user is after
15 (Fifteen) days from the date of user's subscription to the Health Plan
Services.
v. 5. All refunds of the Health Plan Subscription amount to the
user are subject to Practo’s internal verification process.
vi. 6. Subject to Clause 3.4.7 (3) above, the refund of the
Health Plan Subscription amount will made to the user within fifteen (15) business
days of such cancellation request.
14.3.8 As a part of Health Plan Service, You are entitled to
certain discounts, offers and benefits. It is clarified that none of these benefits
under Health Plan Service can be redeemed for cash.
14.3.9 Fair Usage Policy for Practo Health Plan.
The following fair usage policy shall be applicable to every Plan:
i. Users are allowed to utilise a maximum of 5 (Five) free
online consultations per day (i.e. 5 (Five) online consultations per day collectively
for all users, including covered members). Upon completion of the 5 (Five) free
consultations per day, users may choose to avail additional consultations by
paying the prescribed consultation fee to the doctor.
ii. Users are allowed to utilize a maximum of 15 (Fifteen) free
online consultations per month (i.e. 15 (Fifteen) free online consultations per
month collectively for all users, including covered members). Upon completion of
the 15 (Fifteen) free consultations per month, users may choose to avail
additional consultations by paying the prescribed consultation fee to the doctor.
iii. Each user of a Plan can have 1 (one) active doctor
consultation at any given time. An online consultation is considered to be active
for 60 (Sixty) minutes from the actual time of commencement of the said
consultation and upon completion of 60 (Sixty) minutes, users may commence a
new online consultation.
iv. The aforementioned fair usage policy is subject to change by
Practo at its sole discretion based on future analysis and actual usage.
14.4 APPLICABILITY OF THE STANDARD POLICIES
The Practo Health Plan Terms herein are required to be read in conjunction and
addition with the applicable user terms under the Standard Policies. In case of any
inconsistency between the Practo Health Plan Terms and the Standard Policies, the
Terms will prevail to the extent of the inconsistency.
14.5 REIMBURSEMENT UNDER PRACTO PLUS PLAN – TERMS &
CONDITIONS
Users who have subscribed to the Practo Plus Plan which is available on the
Website are entitled to receive reimbursements, on the consultation fee mentioned
by the doctor on the Website with respect to each consultation (“Consultation Fee”)
subject to the following terms and conditions:
i. 1 Only those Users who have subscribed to a Practo Plus
Plan through the Website are entitled to receive reimbursement on the Consultation
Fee.
ii. 2The maximum reimbursement which can be availed by a
User per consultation is Rs. 500/- (Rupees Five Hundred only).
iii. 3Reimbursement is available only on the Consultation Fees,
and not on the fees paid by the User for each Consultation. For example, if the
doctor has raised an invoice for Rs. 500/- and the Consultation Fee as mentioned
under the profile of the doctor on the Website is Rs. 400/-, the User who has
consulted the said doctor will be entitled to a cash back of only Rs. 400/- and not
Rs. 500/-.
iv. 4For the purpose of availing the reimbursement, Users shall
send a legible picture/photo of the invoice/bill raised by the respective
clinic/hospital at which the said User has booked an appointment to
pluscashback@practo.com.
v. 5The E-mail to be sent by the User (as per Clause 5 above)
shall also include the following details:
i. Picture/photo of the invoice/bill
ii. Bank details of the User
vi. 6 The picture/photo mentioned under Clause 5 shall contain
the following details for the Users to avail the reimbursement:
i. Name of the User (name should be as mentioned in the
Practo Plus membership before the booking the appointment)
ii. Name of clinic/hospital
iii. Name of doctor
iv. Consultation Fee/ fees paid.
vii. 7 Practo team will verify the amount mentioned in the
invoice with the Consultation Fee mentioned by the doctor on the Website
viii. 8 Any reimbursement claim made by a User after the expiry
of his/her subscription to the Practo Plus Plan is not valid.
ix. 9 A User cannot carry forward his/her entitlement to receive
reimbursement while renewing his/her Practo Plus Plan subscription.
x. 10 Plus is not an insurance product.
xi. 11Any reimbursement claim made by a User 30 days after
the date of appointment is not valid.
2. Subscribers terms
Subscriber Terms
Terms of Use for Practitioners, Practices and Healthcare Providers for the use
of Practo Ray, Practo Tab and the other Services provided by Practo
Technologies Private Limited (“Practo”).
Practo Technologies Private Limited (“us”, “we”, or “Practo”, which also includes its
affiliates) is the author and publisher of the internet
resource www.practo.com (“Website”) on the world wide web as well as the software
and applications provided by Practo, including but not limited to the mobile application
‘Practo’, and the software and applications of the brand names ‘Practo Ray’, ‘Practo
Tab’, ‘Practo Reach’, ‘Hello’, and ‘Health Account’ (together with the Website, referred
to as the “Services”).
These Terms of Use constitute the agreement (the “Agreement” or “Terms of Use”)
between Practo and the user of Practo’s Subscription Services (“User”, as defined in
Section 2 of this agreement). Your use of Practo’s Subscription Services, which include
Ray, Tab, Reach, Hello and various ancillary Services accessible at
http://www.practo.com and https://www.practo.com, for which a subscription amount
is payable for usage (hereinafter individually referred to as the “Subscription Service”
and collectively referred to as the “Subscription Services”) is subject to the following
terms and conditions.
This Agreement, among other things, provides the terms and conditions for use of
Subscription Services, primarily a web based practice management hosted and
managed remotely through the website and through native mobile applications as
described in Section 3.9 of this Agreement. The site www.practo.com is owned and
operated by Practo.
Practo is the author and publisher of the software Practo Ray. Practo Tab, Practo
Reach, Reach Plus, Hello, and all their variants, editions, addons, and ancillary
Subscription Services or services (including all files and images contained in or
generated by the software, and accompanying data, together the “Software”). The
Subscription Services have been designed for use at businesses, institutions,
establishments and organisations engaged in the healthcare practices (“Practices”)
by healthcare providers (“Practitioners”, which term shall also include designated
associates of the healthcare providers who would use Software), and clients of the
healthcare providers (“End-Users”, which term shall also include members of public
who search for Practitioners on the website anonymously or as a registered user of
the Service) to find, manage and organise information including but not limited to
personal or nonpersonal information, practice and business information,
appointments, prescriptions, medical records, billing, inventory and accounting
details. All users of the Subscription Services are together termed as (“Users”or
“you” or “your”).
3.TERMS OF USE
o 3.1 By using the Subscription Services, you agree that you have read and
understood these Terms of Use and you agree to be bound by these Terms of Use
and use these Subscription Services in compliance with these Terms of Use. PLEASE
READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY
(OR CANNOT COMPLY WITH) ANY OF THE TERMS BELOW, DO NOT CLICK THE "I
AGREE" BOX, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT
ATTEMPT TO USE THE SERVICE. You expressly represent and warrant that you will
not use these Subscription Services if you do not understand, agree to become a
party to, and abide by all of the terms and conditions specified below. Any violation
of these Terms of Use may result in legal liability upon you. Nothing in these Terms
of Use should be construed to confer any rights to any third party or any other
person. YOUR USE OF THE PRACTO MEANS YOU ARE CONSENTING TO THIS
AGREEMENT.
o 3.2 You must be 18 years of age or older to register; use these
Subscription Services in any manner. By registering, or accepting this Agreement,
you represent and warrant to Practo that you are 18 years of age or older, and that
you have the right, authority and capacity to use the Subscription Services available
through the Practo and agree to and abide by this Agreement. You also represent
and warrant that you are not a person barred from receiving the Subscription
Services under the laws of India or other countries including the country in which
you are resident or from which you use the Subscription Services.
o 3.3The Agreement is published in compliance of, and is governed by the
provisions of Indian law, including but limited to:
3.3.1the Indian Contract Act, 1872,
3.3.2the (Indian) Information Technology Act, 2000, and
3.3.3the rules, regulations, guidelines and clarifications framed
thereunder, including the (Indian) Information Technology (Reasonable Security
Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI
Rules”), and the (Indian) Information Technology (Intermediaries Guidelines)
Rules, 2011 (the “IG Rules”).
o 3.4 A condition of the User’s use of and access to the Subscription
Services available provided by Practo to Users is the User’s acceptance of this
Agreement. Any User that does not agree with any provisions of the same is required
to leave this computer resource/the Subscription Services immediately and
immediately discontinue use of all Subscription Services available at the Practo.
o 3.5 Practo authorizes the User to view and access the content available
on the Subscription Services solely for ordering, receiving, delivering and
communicating only as per this Agreement. The contents of the Subscription
Services, information, text, graphics, images, logos, button icons, software code,
design, and the collection, arrangement and assembly of content on the Subscription
Services (collectively, "Practo Content"), are the property of Practo and are
protected under copyright, trademark and other laws. User shall not modify the
Practo Content or reproduce, display, publicly perform, distribute, or otherwise use
the Practo Content in any way for any public or commercial purpose or for personal
gain.
o 3.6Multiple Users are not permitted to share the same/single login.
o 3.7 If you are an employee, associate, consultant, intern or are in any
way associated to the Practitioner that has subscribed to the Subscription Services
and the subscribing Practitioner has authorized you, explicitly or implicitly, to use the
Subscription Services, this Agreement is a threeway agreement between you, the
Practitioner and Practo. Both the Practitioner and Practo may seek recourse against
you for any violation of the terms of this Agreement.
o 3.8 Users may not transfer (including by way of sublicense, lease,
assignment or other transfer, including by operation of law) their login or right to use
the Subscription Services to any third party. You, the User, are solely responsible for
the way anyone you have authorized to use the Subscription Services and for
ensuring that all of such Users comply with all of the terms and conditions of this
Agreement. Any violation of the terms and/or conditions of this Agreement by any
such User shall be deemed to be a violation thereof by you.
o 3.9 These Terms of Use will also be applicable to Users who access
Software features using native mobile applications published by Practo including but
not limited to its applications for devices running on platforms such as iOS, Android,
Windows, Blackberry, Tizen and any derivatives or any other platforms. Additional
terms of use may be applicable to Users while accessing Software using such mobile
applications.
o 3.10 You agree that any registration information you give to Practo will
always be true, accurate, correct, complete and up to date, to the best of our
knowledge. Any phone number used to register with the Subscription Services be
registered in your name and you might be asked to provide supporting documents to
prove the same.
o 3.11 You agree that you will not use the Subscription Services provided
by Practo for any unauthorized and unlawful purpose. You will not impersonate
another person, including, without limitation, a Practitioner, a Practice or User.
o 3.12 You agree to use the Subscription Services only for purposes that
are permitted by (a) the Terms of Use and (b) any applicable law, regulation and
generally accepted practices or guidelines in the relevant jurisdictions (including any
laws regarding the export of data or software to and from India or other relevant
countries).
o 3.13 You agree not to access (or attempt to access) any of the
Subscription Services by any means other than through the interface that is provided
by Practo, unless you have been specifically allowed to do so in a separate
agreement with Practo.
o 3.14 You agree that you will not engage in any activity that interferes
with or disrupts the Subscription Services (or the servers and networks which are
connected to the Subscription Services).
o 3.15 You agree that you will not reproduce, duplicate, copy, transfer,
license, rent, sell, trade or resell the Software or any other Subscription Services for
any purpose whatsoever.
o 3.16 You agree that you are solely responsible for (and that Practo has no
responsibility to you or to any third party for) any breach of your obligations under
the Terms of Use and for the consequences (including any loss or damage which
Practo may suffer) of any such breach.
o 3.17 You shall indemnify Practo for any claims, losses or damages, or for
the costs of any regulatory or court proceedings suffered by Practo as a result of
your breach under any applicable law.
o 3.18 You expressly acknowledge and agree that your use of the
Subscription Services is at your sole risk and that the Subscription Services are
provided "as is" and "as available”.
o 3.19 You agree that you will not make any unsolicited calls or use any
information displayed on the Practo, an online platform; to breach any applicable
rules and guidelines related to unsolicited commercial communications, including but
not limited to regulations & guidelines such as TRAI guidelines for telemarketers, or
otherwise violate applicable law while using the Subscription Services.
o 3.20 You agree that this Agreement and the Subscription Services of
Practo are subject to any modification, or may be removed by Practo, as a result of
change in government regulations, policies and local laws as applicable.
o 3.21 You agree and understand that you are responsible for maintaining
the confidentiality of passwords associated with any login you use to access the
Software.
o 3.22 Your use of each Subscription Service confers upon you only the
rights and obligations relating to such Subscription Service, and not to any other
Subscription Service or service that may be provided by Practo. For instance, being a
subscriber to Practo Ray does not automatically entitle you to a higher ranking on
Practo’s Practitioner search facility.
4.Use of Subscription Services
o 4.1Practo provides Software through its website, as a Software as a
Service (SaaS) model. Practo is not responsible for and does not deal with any of
patient managed by User through the website or native mobile applications and only
provides Software to User through the website and native mobile applications.. To
the extent User uses such software or downloads such software from the website,
the software, will be deemed to be licensed to User by Practo, for providing
Subscription Services to User and enabling User to use those Software only. Practo
does not transfer either the title or the intellectual property rights to the Software
and other its Subscription Services, and Practo (or its licensors) retain full and
complete title to the Software as well as all intellectual property rights therein. User
agrees to use the Subscription Services and the materials provided therein only for
purposes that are permitted by: (a) this Agreement; and (b) any applicable law,
regulation or generally accepted practices or guidelines in the relevant jurisdictions.
Information provided by a User to Practo may be used, stored or republished by
Practo or its affiliates even after the termination of these terms of Service.
o 4.2Practo may offer at its discretion, a free trial of its Subscription
Services for a specified time period. Users of the Software during the trial period are
bound by the terms of this Agreement and any applicable law, regulation and
generally accepted practices or guidelines in the relevant jurisdictions. Any data User
enters into the Software, and any customizations made to the Software by or for
User, during User’s free trial will be permanently lost at the expiry of the specified
time period unless the User upgrades his/her/its subscription to one of the User
Plans. Practo does not provide any warranty during the trial period.
o 4.3Practo offers its Subscription Services on asis basis and has the sole
right to modify any feature or customize them at its discretion and there shall be no
obligation to honour customization requests of any User. The subscription fee hence
charged is exclusive of any customisation costs.
o 4.4User shall not access the Subscription Services of Practo if the User or
the organisation that he/she/it represents is Practo’s direct competitor, except with
Practo’s prior written consent. In addition, the User shall not access the Subscription
Services for purposes of monitoring their availability, performance or functionality, or
for any other benchmarking or competitive purposes.
o 4.5Practo provides, at its discretion basic support for the Subscription
Services at no additional charge, and/or upgraded support if purchased separately
and will use commercially reasonable efforts to make the Subscription Services
available 24 hours a day, 7 days a week, except for (i) planned downtime (of which
Practo shall give at least 8 hours’ notice to Users via the Subscription Services and
which Practo shall schedule to the extent practicable during the weekend hours from
6:00 p.m. Indian Standard Time (IST) Friday to 6:00 a.m. Indian Standard Time
(IST) Monday), or (ii) any unavailability caused by circumstances beyond Practo’s
reasonable control, including without limitation, acts of God, acts of government,
flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems,
or internet service provider failures or delays. Practo will provide the Subscription
Services only in accordance with applicable laws and government regulations.
o 4.6Notwithstanding anything to the contrary contained herein, Practo
does not warrant that its Subscription Services will always function without
disruptions, delay or errors. A number of factors may impact the use of the
Subscription Services (depending on the Subscription Services used) and native
mobile applications and may result in the failure of your communications including
but not limited to: your local network, firewall, your internet service provider, the
public internet, your power supply and telephony services. Practo takes no
responsibility for any disruption, interruption or delay caused by any failure of or
inadequacy in any of these items or any other items over which we have no control.
o 4.7In the event the Software are not available due to apparent default at
Practo’s end or are rendered unusable, Practo may at its discretion extend the
subscription period of the Practitioner only by such number of calendar days when
the Subscription Services were not available. However, you shall agree that Practo is
not responsible and will not be held liable for the any failure of the intermediary
services such as, internet connectivity failure or telephonic disconnections.
o 4.8The Subscription Services may be subject to certain limitations, such
as, limits on disk storage space, on the number of calls Users are permitted to make
against Practo’s application programming interface, and, other limitations dependent
on the ‘User Plan’, for example, number of SMS, number of appointments, number of
users or accounts, validity of subscription and any other limitations. Any such
limitations are specified in the User Plans. The Subscription Services have been
designed to provide realtime information to enable User to monitor such User’s
compliance with such limitations.
o 4.9Notwithstanding anything to the contrary contained herein,
Practitioner alone shall be liable for Practitioner’s dealings and interaction with
patient, his/her representatives or affiliates, searching for Practitioners through the
Website (the “EndUser”). contacted or managed through the Software and Practo
shall have no liability or responsibility in this regard. Practo does not guarantee or
make any representation with respect to the correctness, completeness or accuracy
of the information or detail provided by End-Users or any third party through the
Subscription Services. The Subscription Services are not intended for and must not
be used for emergency purposes such as emergency appointments, emergency
healthcare procedures or any other emergency situations.
o 4.10Practo may, at its sole discretion, suspend User’s ability to use or
access the Subscription Services at any time while Practo investigates complaints or
alleged violations of this Agreement, or for any other reason.
o 4.11Practo reserves the right to use all information captured in its
Subscription Services in anonymised form for the purpose of its Subscription
Services improvements, and providing analytics and businesses intelligence to the
third parties. On the basis of such information, Practo tries to make its Subscription
Services more useful in following way:
Promotion of new Subscription Services,
Analysing software usage patterns for improving Subscription
Services design and utility;
Analysing anonymised patients’ information for research and
development of new technologies and any other Subscription Services offerings;
Users can use the rectification tools provided by Practo or contact Practo
immediately for rectifications. Practo shall bear no liability or responsibility in this
regard.
o 4.12Practo reserves the right to use the following types of information
stored in our software:
Practice information;
Practitioner information;
End-Users’ demographic information as anonymised form;
End-Users’ information in relation to his health and history
(anonymised form);
o 4.13Practo automatically lists Practitioner information on its Subscription
Services as per information added to a Practice using its Software. The information
listed is displayed when End-Users search for Practitioners or Practices on the Practo,
and this information listed on the Subscription Services may be used by End-Users to
request for appointments. Such information on the Subscription Services may
continue to appear even after the Practice removes the information from its Software
or the Practice ceases to be a paying subscriber or the Practice terminates its
subscription or in any other way discontinues its relationship with Practo. Practo, on
its own, does not list any Personally Sensitive Information of such Practitioners.
Practo do not provide any ranking algorithm in relation to the listing made on its
Website. Practo reserves the right to list Practitioners who are not party to this
Agreement and the Practitioners who have subscribed to this Terms of Use are listed
along with them. Thereon, Practo reserves the right to modify the listing of
Practitioners on its Website. In case Practitioner or Practice wishes to change or
remove information as listed and displayed omits online platform, or disable
appointment requests ,the Practitioners or Practices can do so by using options
available on its online platform or its Subscription Services or by contacting Practo at
support@practo.com.
o 4.14The Subscription Services available by Practo accepts online
appointment requests for all practitioners listed and displayed on its website. Practo
intends to take all reasonable steps to duly inform Practices via phone and email for
appointment requests made on Service. However, it is possible that some
appointment requests do not reach the Practices at all or in a timely manner due to
technical or operational reasons including but not limited to cases when Practices do
not respond to phone calls made by Practo or when Practices do not read emails or
text messages sent by Practo in timely manner. Practo shall have no liability or
responsibility in this regard.
For detailed terms of service of online appointment booking facility
click here
o 4.15While Practo makes every feasible effort to ensure a confirmed
appointment for a EndUser who requested an appointment on the Service, Practo
does not guarantee that the appointments will be confirmed in all cases. Further,
Practo has no liability if such appointment is confirmed but later cancelled by any of
the End-Users, or the Practitioners are not available as per the given appointment
time.
o 4.16Certain Subscription Services (including ancillary Subscription
Services) may be subject to additional limitations, restrictions, terms and/or
conditions specific to such Software (“Specific Terms”). In such cases, the applicable
Specific Terms will be and your access to and use of the relevant Subscription
Services will be contingent upon your acceptance of and compliance with such
Specific Terms.
o 4.17Practo reserves the right to add new functionality, remove existing
functionality, and modify existing functionality to its Subscription Services as and
when it deems fit, and make any such changes available in newer versions of its
Subscription Services or native mobile application or all of these at its discretion. All
Users of its Subscription Services will be duly notified upon release of such newer
versions and Practo reserves the right to automatically upgrade all Users to the
latest version of its Software as and when it deems fit.
o 4.18Ray Terms of Use:
4.18.1Practo Ray (“Ray”) is available ‘on the cloud’ wherein
Practitioners are able to access to solution for a specific period of time, as chosen
by them.
4.18.2The Practitioner agrees that if the Software is being used by
its employees or agents, including receptionists, such employees or agents will use
the Software in accordance with this Agreement.
4.18.3User can use Ray to book appointments with End-Users,
send End-Users reminders for appointments, record their clinical notes, generate
their prescriptions and to generate bills and invoices.
4.18.4Ray being an ancillary product of Practo, the reviews and
recommendations shared over Ray can be displayed on the Website. Reviews and
recommendations of the End-Users not registered with Practo may be displayed on
the Website through Ray. User agrees that Practo shall not be responsible for any
of the reviews made on the Website.
4.18.5Practo reserves the right to make any further operational
changes to the Software, at its discretion and the Practitioners will be notified of
such changes or updates with a prior notice. Practo reserves the right to extend
and withdraw ‘ABS’ (also known as Instant) functionality to you at its sole
discretion, based on the number of EndUser appointments being honoured by you.
The extension or withdrawal of such facility shall be intimated to you by Practo.
4.18.6User shall agree that they will be subscribing the Software
for the purpose of EndUser management and will not use the Subscription Services
provided by Practo for any unauthorized and unlawful purpose. You will not
impersonate another person.
4.18.7User shall agree that you will indemnify and keep
indemnified Practo for all the costs, damages and losses any in case of any breach
of security procedures by the User(s), User’s employees or its vendors.
4.18.8Any communication sent by or through Practo to the clients
or customers (whether or not End-Users) of a particular Practitioner is based solely
on information uploaded by such Practitioner on the Ray software. The accuracy
and completeness of such information (including but not limited to contact details
of the client or customer) is the sole responsibility of the Practitioner. Practo will
not be responsible for the incompleteness or inaccuracy such information, including
if as a result of such inaccuracy, a communication is sent to an unintended
recipient.
4.18.9Practo Ray sends alerts pertaining to the follow up visits to
the End Users of the Customers and enables the End Users to also access their
appointment details through User account created through Practo.com or Practo
mobile app.
4.18.10The User shall refer to and be bound by Practo’s
instructions and policies on ‘Ray’ as available at the following link:
https://help.practo.com/practo-instruction-and-policies/click-wrap-subscription-
agreement-ray/.
o 4.19Tab Terms of Use:
4.19.1Practo is the author and publisher of the software Practo
Tab (“Tab”), which is available to the Users in a prepackaged form, installed in a
tablet and is usually used by the Practices and Practitioners. Tab allows
Practitioners to register the End-Users, capture their clinical notes and prescriptions
and access Ray.
4.19.2User shall agree that the Practo provides the tab software
installed in the tablet and has no responsible in relation to the working of the
hardware. Purchase of Tab will be according to the specifications detailed by Practo
only after authorisation made by the User.
4.19.3Tab is a close ended device which allows a User to have an
access to only Practo and its ancillary products. However, Practo reserves the right
to uninstall Tab on request made by the User, upon which the tablet can be used
for any and every other purpose.
4.19.4User shall agree that subscription of Tab is subject to every
Terms of Use by Practo and installation of the Tab.
4.19.5Practo reserves the right to provide support services to its
Users as per the terms of this Agreement, only once the User has made his
payment.
4.19.6User shall agree that Practo is responsible to the extent of
its Subscription Services and shall not be held liable beyond the scope of this
Agreement.
4.19.7User shall agree that Practo shall be liable for any costs or
damages, whatsoever to extent of the amount equal to User’s yearly subscription.
4.19.8Any communication sent by the Practitioner to its clients or
customers (whether or not End-Users) based on information collected by the
Practitioner of its clients or customers will be sole responsibility of the Practitioner.
The Practitioner must ensure accuracy of such communication sent, and must
ensure that it is sent to the intended recipient.
4.19.9The User shall refer to and be bound by Practo’s instructions
and policies on ‘Tab’ as available at the following link:
https://help.practo.com/category/practo-tab/
4.19.10The User shall refer to and be bound by Practo’s
instructions and policies on ‘Tab+Ray’ as available at the following link:
https://help.practo.com/practo-instruction-and-policies/click-wrap-subscription-
agreement-ray-tab/ .
o 4.20Practo Reach and Reach Plus: Terms of Use
4.20.1Nature of Product
i. Practo Reach is a subscription package which enables
Practices the opportunity to appear at a superior position among the search
results of an End User in a particular Zone. A Zone is a predefined group of
localities in a city. Practo reserves the right to alter the limits of any predefined
Zone at its own discretion on a subscription basis, based on applicable filters. A
minimum number of views of the Reach card are guaranteed over the subscription
period.
ii. Practo Reach Plus is a subscription package which offers
Practices the opportunity to appear at a superior position among the search
results of an End User within a particular City or Zone, based on applicable filters.
iii. Subscription Term is the number of months for which the
Practices purchase the subscription for using the Software.
The terms of use in Section 4.20 are applicable only for the subscription of the
Practo Reach and Reach Plus. The applicability of these terms of use does not
override any other applicable terms and conditions. The use of the Website and
any other services of Practo are governed by the Practo Terms and Conditions.
4.20.2Practo Reach/Reach Plus lists only the
Practitioners/Practices registered with the Website and Practo reserves the right to
display or to take down any listing, as applicable under the law.
4.20.3By subscribing to the Practo Reach/Reach Plus, the User
agrees that any information shared by you with Practo or its affiliates, will be
subject to our Privacy policy.
4.20.4Practo reserves the rights to display the reviews or the
recommendations of the User on the Practitioners/Practices, when you are looking
for an appointment. However, Practo will not be liable for any inaccuracy or claims
made on the Practo Reach/ Reach Plus.
4.20.5Practo shall not be liable for any third party claims arising
under the applicable laws in relation to Practo Reach/Reach Plus and the Users and
Practitioner are advised to review and adhere to applicable laws and regulations in
relation to applicable jurisdiction.
4.20.6Practo will not be liable for accuracy or inaccuracy of
information or the claims made in Practo Reach/Reach Plus. Practo does not
encourage the Users to visit the Practo Reach/Reach Plus page or to avail any
services from them. Practo will not be liable for the services provided by Practo
Reach Practitioners/Practices or for the content posted by Practitioners/Practices.
4.20.7The User of Practo Reach/Reach Plus may also be a User
of Practo Ray and Practo Tab. If any User or Practitioner/Practice requires a
takedown of any Practo Reach/ Reach Plus listing, the same may be the subject
matter of a notice to the Grievance Officer as provided hereunder.
4.20.8Your use of ‘Practo Reach’/ ‘Reach Plus’ does not constitute
an explicit or implicit warranty or guarantee by Practo that you will receive any
particular number of bookings, appointments, or enquiries from End-Users of
Practo or otherwise. The ‘Practo Reach’ and ‘Reach Plus’ merely enables listing of
your information (should you choose to subscribe to it) on a priority basis, with a
‘sponsored’ ranking, and is provided on an as is basis.
4.20.9 The User shall refer to and be bound by Practo’s
instructions and policies on ‘Reach’ as available at the following
link: https://help.practo.com/practo-instruction-and-policies/practo-reach-and-cpl-
terms-of-use/.
o 4.21Payment, Fees and Taxes
4.21.1Practo may add new Subscription Services for additional
fees and charges or may proactively amend fees and charges for existing
Subscription Services, at any time in its sole discretion. Fees stated prior to the
Subscription Services being provided, as amended at Practo’s sole discretion from
time to time, shall apply.
4.21.2If you purchase any subscription based paid Service, you
authorize Practo to charge you applicable fees at the beginning of every
subscription period or at such intervals as applicable to the said Service, and you
authorise Practo make such modification to the fee structure as required during the
subsistence of a subscription period and also agree to abide by such modified fee
structure.
4.21.3You agree that the billing credentials provided by you for
any purchases from Practo will be accurate and you shall not use billing credentials
that are not lawfully owned by you.
4.21.4The User agrees to pay all subscription fees, consulting fees
and other fees applicable to User’s use of Subscription Services and the User shall
not circumvent the fee structure. The fee is dependent on the User Plan that User
purchases and on any additional usage beyond limitations of the User plans but not
on actual usage of the Subscription Services. The subscription fee is nonrefundable.
4.21.5Each User is solely responsible for payment of all taxes,
legal compliances, and statutory registrations and reporting. Practo is in no way
responsible for any of the User’s taxes or legal or statutory compliances, except for
its own due diligence.
4.21.6Practo may make available an offline fee payment facility,
supported by a third party vendor. Practo is not responsible for any loss or damage
caused to the User using this payment facility provided by such third party vendor.
4.21.7The fees could also be paid by cheque payable at Bengaluru,
either collected personally from the User or required to be mailed to Practo at the
following address:
Practo Technologies Pvt Ltd
WeWork Salarpuria Symbiosis,
Arekere Village, Begur Hobli,
Bannerghatta Road,
Bangalore - 560076.
o 4.22All fees are exclusive of taxes. Service Tax and other statutory taxes
as applicable are levied on every purchase.
o 4.23The payment process would be considered to be complete only on
receipt of the fees into Practo's designated bank account.
o 4.24Fees not received within the specified due dates attract late charges
of 18% per annum from the duedate of payment, and any such charges may be
levied at Practo's sole discretion.
o 4.25Practo reserves the right to modify the fee structure by providing a
30 (thirty) days’ prior notice, either by notice on the Subscription Services or
through email to the authorized User, which shall be considered as valid and agreed
communication. Upon the User not communicating any response to Practo to such
notice, Practo shall apply the modified fee structure effective from the expiry of the
said notice period.
o 4.26In order to process the fee payments, Practo might require details of
User’s bank account, credit card number and other such financial information. Users
are directed to check our privacy policy on how Practo uses the confidential
information provided by Users.
o 4.27Notwithstanding anything to the contrary contained herein, in case
the payments are made by a User through credit card, an invoice for subsequent
subscription period/renewals shall be generated 10 (ten) days prior to the expiry of
the existing subscription period and an email will be sent to such User registered
with Practo intimating such User about expiration of the current subscription period
and that the credit card of such User registered with Practo will be charged
automatically against payment of subscription fee for subsequent subscription
period, along with a copy of the invoice for the subsequent subscription
period/renewal. Subject to the provisions of section 8.2 below, if a User is not willing
to continue or renew the subscription of Subscription Services, the same shall be
communicated to Practo by the User within 5 (five) days of receipt of such intimation
from Practo. In the absence of such intimation to discontinue the subscription, Practo
shall be entitled to charge the credit card of the User registered with Practo on the
day the current subscription period expires.
o 4.28Practo shall send an intimation of receipt of fee from the Users
through an email within 7 (seven) working days of receipt of fee into Practo’s
designated bank account.
o 4.29In case of nonpayment of any fee beyond the date a payment
becomes overdue (overdue date), Practo reserves the right to take any or all of the
following actions as it deems appropriate (i)reduce all Subscription Service credits in
Users’ Subscription Services account to 0 (zero) anytime after 7 (seven) days from
the overdue date, including but not limited to SMS and Call credits. (ii)discontinue
the Subscription Services to the User anytime after 30 (thirty) days from the
overdue date. (iii)delete all information in User’s account anytime after 90 (ninety)
days from the overdue date.
o 4.30Fees and charges shall be calculated solely based on records
maintained by Practo or its third party billing provider. No other information of any
kind shall be acceptable by us or have any effect under this agreement. Decision of
Practo shall be final and binding in relation to any fees payable by Users.
o 4.31You can cancel your access to the Subscription Services using any of
the cancellation methods listed in the Terms of Use or by contacting our customer
support by email at support@practo.com. The one time setup fees shall not be
refunded to the User.
o 4.32Practo will not be liable to you or to any third party for any
modification, suspension, or discontinuance of the Subscription Services, or parts
thereof, except that you are only entitled to a prorated refund representing the
unused (as of the date of termination) portion of any subscription fees, paid deposits
or payments for Subscription Services other than the nonrefundable one time setup
fees as due prior to permanent discontinuation the Subscription Services or upon the
expiry of 45 (forty five) days from the date of your written notice to Practo. Practo
shall have the right to deduct any taxes that are due in relation to the refund
amount (if any). The subscription fees are nontransferable and the payment made
by the User for a particular Subscription Service cannot be transferred or carried
over to another Service.
o 4.33Practo Share: Terms of Use
Practo Share has been integrated with Practo Ray to enable Practitioners to
electronically share any type of Health Records with patients’ Practo Account if
Practitioners want. These Health Records may include and are not limited to
prescriptions, files, vital signs, immunization plans, growth charts, clinical notes,
treatment plans, invoices and payments etc and this list will keep evolving as more
types of Health Records are added to Practo Ray software. Once shared, these
Health Records can be accessed by End-Users with a free facility ‘Records’ on its
mobile application ‘Practo’. The specific terms relating to the Practo Share are as
below, without prejudice to the rest of these Terms and the Privacy Policy:
4.33.1End-Users’ Records will display and contain the same Health
Records that was created by the End-User's or provided by you in the designated
section for Health Records in Practo Ray software. Practo shall not validate the
Health Records and will not be responsible for any errors in or incompleteness of
such Health Records provided by you. You hereby represent and warrant that to the
extent that you provide any such Health Records, it is true and complete to the
best of your knowledge.
4.33.2By switching on “Practo Share” setting or similar settings in
the Services, you are granting an irrevocable right of ownership to the relevant
End-Users to Health Records, including but not limited to any medical records and
information that is classified as sensitive personal information of the patients or
customers.
4.33.3You agree the Health Records shall be entered into
appropriate designated sections at your sole risk and responsibility after obtaining
prior consent of the patients and customers, if any, and Practo shall not be
responsible or liable for Health Records whatsoever including failure to add the
Health Records in the designated section for Health Records in Practo Ray.
4.33.4For your patients and customers that are not referred to you
by Practo, it is your responsibility to ensure that such patients’ and customers’
mobile numbers and email IDs are correctly provided and mentioned for the
intended owner of the Records while using the Services. In case of any errors or
changes in details, you are required to inform Practo of the same as soon as you
become aware of such errors or changes.
4.33.5Practo is not responsible for verifying the accuracy or
incompleteness of such persons’ details or Health Records provided in the Records,
and shall not be liable for any errors in the same.
4.33.6Changing the contact number will not affect the Health
Records already added to the End-Users’ Records.
4.33.7Practo is not liable, if for any reason Health Records are not
delivered to your patient or customer, or are delivered late or not accessed, despite
its best efforts. While Practo will endeavor to take all reasonable steps through its
dedicated support team to resolve any technical or operational difficulties for the
delivery of the Health Records to your patient or customer, Practo makes no
promise or guarantee for any uninterrupted access to the Records to your patients
or customers.
4.33.8Practo reserves the right to recall or partially recall any
shared Health Record due to inadvertent or incorrect sharing by you or any other
reason as it may deem fit.
4.33.9Owner of the clinic is solely responsible to manage the
Practo Share settings for the clinic.
4.33.10Owner is solely responsible to inform all relevant Practo
Ray users within the clinic about the intended usage of the feature.
4.33.11Any change to the setting will be effective only from the
date of change, not retrospectively unless otherwise communicated by Practo.
4.33.12Practo has the right to communicate and inform End-Users
without any prior notice to the Practitioner about the shared Health Records
through SMS, email or any other platform on behalf of the Practitioner.
4.33.13Practo has the right to independently resolve any technical
or operational issue of the End-User regarding the access of the Health Records.
4.33.14Practo has the right to not to provide the access of the
Health Records to the user without any prior notice to avoid Health Records theft.
4.33.15Practo is not responsible for any unintended access of
Records due to change in phone number of the End User.
4.33.16Practo will follow the law of land in case of any
constitutional court or jurisdiction mandates to share the Health Records for any
reason.
4.33.17You agree and acknowledge that Practo may need to
access the Health Record for cases such as any technical or operational issue of the
End User in access or ownership of the Records.
5.Collection, Use, Storage and Transfer of Personal
Information
o 5.1The terms “personal information” and “sensitive personal data or
information” are defined under the SPI Rules, and are reproduced in the privacy
policy (“Privacy Policy”) available at www.practo.com/company/privacy.
o 5.2The Privacy Policy sets out:
User agrees to indemnify and hold harmless Practo, its affiliates, officers, directors,
employees, consultants, licensors, agents, and representatives from any and all third
party vendors, from claims, losses, liability, damages, and/or costs (including
reasonable attorney fees and costs) arising from his/her/ its access to or use of
Software, violation of this Agreement, or infringement, or infringement by any other
user of his/her/its account, of any intellectual property or other right of any person
or entity. Practo will notify you promptly of any such claim, loss, liability, or demand,
and in addition to your foregoing obligations, you agree to provide us with
reasonable assistance, at your expense, in defending any such claim, loss, liability,
damage, or cost.
v. 9.Spamming
Practo has a zerotolerance spam policy. Practo employs controls on user permission
to receive Content from Practo’s Subscription Services and has easily accessible
ways for users to block or not receive content if they chose to. However, Practo’s
policy on spam is clearly stated below:
i. Spamming is defined as the practice of (i) sending unsolicited
messages, likely with commercial content, (ii) in large quantities (iii) to an
indiscriminate set of recipients. The result of this practice is termed “Spam”.
ii. The sender of any message deemed to be "spam" is liable for Rs.
5,000/ for each EndUser that receives each unauthorized message. The sender of
‘Spam’ will pay all fees owed to Practo within thirty (30) days of such transmission.
Practo may restrict, suspend or terminate the account of any User who abuses or
misuses the Subscription Services. Misuse includes creating multiple or false profiles,
infringing any intellectual property rights, violating any of the terms and conditions
of these Terms of Use, or any other behavior that Practo, in its sole discretion,
deems contrary to its purpose. In addition, and without limiting the foregoing, Practo
has adopted a policy of terminating accounts of users who, in Practo’s sole
discretion, are deemed to be repeat infringers of any Terms of Use even after being
warned by Practo.
o 14.Contact Information
i. 14.1If any User has any question, issue, complaint regarding any
of our Subscription Services, please contact our customer service at
support@practo.com.
ii. 14.2If a User has any questions concerning Practo, the Service,
this Agreement, or anything related to any of the foregoing, Practo can be reached
at the following email address support@practo.com or via the contact information
available from the following hyperlink: www.practo.com/contact
Please carefully go through these terms and conditions (“Terms”) and the privacy policy
available at https://www.practo.com/company/privacy (“Privacy Policy”) before you
decide to access the Website or avail the services. These Terms and the Privacy Policy
together constitute a legal agreement (“Agreement”) between you and QTIPL (on its and
its affiliates behalf) in relation to the Services (as defined below).
The Agreement applies to:
i. a medical practitioner or health care provider (whether an individual professional or
an organization) or similar institution providing the services on the Consult
platform or the Consult (International) platform, as the case may
be (“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”).
i. Definition:
Consult is a Service provided by QTIPL that allows Users & Practitioners to
communicate, on paid mode. Further, Users may access this feature on Website/
platform to get assigned, for the purposes of consultation, to a Practitioner
whereby such Practitioners are inter alia assigned through the system’s
algorithm/software-program that finds the most available and accepting
Practitioner. The scope of this feature as detailed herein is collectively referred to
as "Consult".
ii. Terms for Users:
The Users expressly understand, acknowledge and agree to the following set
forth herein below:
i. Users can choose the Practitioner in certain events (like through Q&A
offering). In cases where Users cannot choose a Practitioner (due to
system setup), the system uses an algorithm/software-program to find the
most available and accepting Practitioner.
ii. In case any prescription is being provided to User by the Practitioner, the
same is being provided basis the online consultation, however it may vary
when examined in person, hence, in no event shall the prescription
provided by Practitioners be relied upon as a final and conclusive solution.
iii. The Users agree to use the advice from Practitioner on the Website pursuant
to:
an ongoing treatment with their medical practitioner;
a condition which does not require emergency treatment, physical
examination or medical attention;
medical history available as records with them for reference;
a record of physical examination and report thereof with them,
generated through their local medical practitioner;
consultation with their medical practitioner before abandoning or
modifying their ongoing treatment.
iv. The User agrees that by using Consult, the Practitioners on Consult will not
be conducting physical examination of the Users, hence, they may not
have or be able to derive important information that is usually obtained
through a physical examination. User acknowledges and agrees that the
User is aware of this limitation and agrees to assume the complete risk of
this limitation.
v. The User understands that Consult shall not form a substitute for treatment
that otherwise needs physical examination/immediate consultation.
Further, the User understands that the advice provided by the Practitioner
is based on general medical conditions and practices prevalent in India, to
the best of his knowledge and ability, and not for conditions which are
territory specific for regions other than India, irrespective of where the
User is procuring medical services or engaging in communication with the
Practitioner.
vi. During the consultation and thereafter, the Practitioner may upload the
prescription/health records of the User on the account of the User on the
Website for access of the User. However, it is expressly clarified that for
Users not located within India and using Consult, the Practitioner may or
may not issue a prescription, at his sole discretion.
vii. Notwithstanding anything contained herein, QTIPL is not in any manner
responsible for any drug/medicines prescribed or the therapy prescribed
by the Practitioner.
viii. If Practitioner responds to the User’s query, the system could trigger
communications to the User, in the form of notification/text/email/others.
The User further understands that QTIPL may send such communications
like text messages/email/calls before and/or after Practitioner’s
consultation (physical or online) to User’s mobile number, based on the
Practitioner’s settings (through the Website). However, and
notwithstanding anything to the contrary in this Agreement, QTIPL does
not take responsibility for timeliness of such communications.
ix. The User hereby agrees to QTIPL's medical team carrying out an audit of
his/her consultations on the Consult platform for the purpose of improving
treatment quality, user experience, and other related processes. The User
acknowledges that the subject matter of audit may include texts,
messages, photographs, reports, audio or video recordings or any other
material exchanged between the User and the Practitioner which could
inter alia include User's personal information, including sensitive personal
information. This personal information will be processed in accordance
with Privacy Policy.
x. User shall refrain from raising any personal queries or advice on the Consult
platform which are not related to a specific disease / medicine.
xi. Users shall not use abusive language on the Consult platform. In the event of
an abuse from the User is reported by a Practitioner, QTIPL reserves the
right to block such Users from the Consult platform and QTIPL is not
responsible for honouring any refund request towards his/her consultation
on the Consult platform.
xii. Users may share images or videos of the affected areas of their body parts
with the Practitioner only if it is absolutely necessary for diagnosing
his/her condition and if he/she is personally comfortable in sharing such
images or videos. QTIPL shall not be responsible for any such images or
videos shared by the Users with the Practitioners.
xiii. Users shall ensure that any interaction/communication with the Practitioners,
including sharing images or videos of the body parts, shall be only
through the Consult platform. The Users shall not rely on any other
external modes of communication for interacting/communicating with the
Practitioners.
xiv. Users shall be prepared to share all relevant documents or reports to the
Practitioner promptly upon request.
xv. For every paid consultation on the Consult platform, the Users shall not
obtain consultation for more than one User. In the event, the Users
attempt to obtain consultation for more than one User through a single
paid consultation on the Consult platform, such consultations will not be
addressed by the relevant Practitioner.
xvi. Users shall not persuade Practitioners to prescribe drugs (including higher
dose strength) that do not conform to the Consult prescription policy. The
restricted drugs are as follows:
Medication for Medical Termination Pregnancy (MTP)
Drugs under the following pharmaceutical classifications such as;
sedatives, hypnotics, opioids, schedule X drugs, or fourth
generation antibiotics.
xvii. If restricted drugs are indicated for treatment or management of a disease or
condition by a Practitioner, the User shall physically visit the Practitioner
of their choice to confirm the requirements/necessity for prescribing such
restricted drugs.
xviii. User understands and agrees to provide accurate information and will not
use the Consult platform for any acts that are considered to be illegal in
nature.
xix. If User decides to engage with a Practitioner to procure medical services or
engages in communication, exchange of money for services outside of
Consult platform, User shall do so at their own risk. QTIPL shall not be
responsible for any breach of Service or Service deficiency by any
Practitioner.
xx. The User agrees and understands that the transaction with the Practitioner
are subject to jurisdiction of Indian laws and that any claim, dispute or
difference arising from it shall be subject to the jurisdiction provision as
contained in the Terms and Conditions hereunder, at all times. The User
further agrees and understands that the Practitioner is a medical
practitioner who is licensed to practice medicine in India and the onus is
on the User to determine if he/she is eligible to consult with the
Practitioners via the Website. It is expressly clarified that at no point in
time can it be construed that the Practitioner is practicing medicine in a
territory other than India, irrespective of where the User is located and
procures medical services or engages in communication with the
Practitioner, in any manner whatsoever.
xxi. The User shall indemnify and hold harmless QTIPL and its affiliates,
subsidiaries, directors, officers, employees and agents from and against
any and all claims, proceedings, penalties, damages, loss, liability,
actions, costs and expenses (including but not limited to court fees and
attorney fees) arising due to or in relation to the use of Website by the
User, by breach of the Terms or violation of any law, rules or regulations
by the User, or due to such other actions, omissions or commissions of
the User that gave rise to the claim.
xxii. The User shall make payment using the payment gateway to make payments
online, solely at User's discretion. Should there be any issues with regard
to the payment not reaching the QTIPL account, the User may contact
QTIPL's support team via online
chat: https://www.practo.com/consult/direct/chat-support.
iii. Terms for Practitioners:
i. The Practitioner shall promptly reply to the User after receiving User’s
communication. In case of non-compliance with regard to adhering to the
applicable laws/rules/regulations/guidelines by the Practitioner, QTIPL
shall have the right to replace such Practitioners for the purpose of
consultation to the User.
ii. The Practitioner further understands that, there is a responsibility on the
Practitioner to treat the User, pari passu, as the Practitioner would have
otherwise treated the User on a physical one-on-one consultation model.
iii. The Practitioner has the discretion to cancel any consultation at any point in
time in cases where the Practitioner feels, it is beyond his/her expertise or
his/her capacity to treat the User. In such cases, it may trigger a refund to
the User and the User has the option of choosing other Practitioners.
However, it is strongly recommended that the Practitioner advise the User
and explain appropriately for next steps which may include referring the
User for further evaluation.
iv. The Practitioner is and shall be duly registered, licensed and qualified to
practice medicine/ provide health care, wellness services, as per
applicable laws/regulations/guidelines set out by competent authorities
and the Practitioner shall not be part of any arrangement which will
prohibit him/her from practicing medicine within the territory of India. The
Practitioner shall at all times ensure that all the applicable laws that
govern the Practitioner shall be followed and utmost care shall be taken in
terms of the consultation/ services being rendered.
v. Practitioner shall ensure that, the consultation online is treated as an in-clinic
consultation and provide advice to the best of Practitioners’ knowledge.
vi. The Practitioner hereby agrees to QTIPL’s medical team carrying out an
audit of his/her consultations on the Consult platform for the purpose of
improving treatment quality, user experience, and other related
processes. The Practitioner acknowledges that the subject matter of audit
may include their personal information. This personal information will be
processed in accordance with the Privacy Policy.
vii. For direct consultations on the Consult platform, the practitioner shall ensure
that they respond to User's health concern within a maximum of two (2)
hours of the Practitioner receiving the message (in exceptional
circumstances, where the consultation was allocated to a Practitioner
without their acceptance). However, the time frame for response shall be
between 10 am to 8 pm.
viii. In case, the Practitioner accepts a User’s consultation by their own choice,
then such Practitioners shall ensure to provide a response within five (5)
minutes of accepting the said consultation. Also, the response time for a
Practitioner during an active consultation shall not exceed five (5)
minutes.
ix. In case, the Practitioner has marked himself/herself available for a particular
consultation on the Consult platform and in the event a consultation has
been auto allocated to a Practitioner, then such Practitioners shall ensure
to provide a response to the User within five (5) minutes of accepting the
consultation and during the active consultation period.
x. Practitioners should provide e-prescriptions to the Users only via the
prescription module. However, when the Practitioner creates an e-
prescription, the Practitioner will be required to confirm the e-prescription
with their electronic signature explicitly or implicitly by clicking on the
signature option made available or any other form of opt-in methods as
provided therein. The Practitioner hereby agrees and covenants to be
responsible and liable for the content of e-prescription and the authenticity
of his signature signed electronically. In addition to any indemnity
warranties provided else-where in the Agreement, the Practitioner hereby
agrees to hold QTIPL, its officers, employees, agents and affiliates
harmless from any claims, damages, losses or penalties arising out of any
third party claims in connection with the validity of the e-prescription, its
content and/or electronic signature.
xi. For a Practitioner to complete a consult, it is mandatory to provide a
consultation summary via the e-prescription module to all Users. The
recommended contents (at least one) of the said consultation summary
are as follows:
Summary of presenting illness
Provisional diagnosis
Medicine posology including side effects if any
Diagnostics
Lifestyle changes
Other instructions if any
Referral for physical consultation (if necessary)
xii. Where the Practitioner learns that a physical consultation is mandatory for
accurate diagnosis and resolution of the case, the Practitioner shall
mandatorily be required to provide a patient referral for physical
evaluation along with required information via the prescription module.
xiii. Practitioners shall not prescribe, medical termination pregnancy medication,
sedatives, Hypnotics, opioids, schedule X drugs, or fourth generation
antibiotics on the Consult platform. If any such drugs are indicated for
treatment for a given consultation, the Practitioner shall refer the User for
a physical consultation.
xiv. In the event the Practitioner learns about physical abuse, sexual misconduct
(especially in minors), or User self-harm (suicide: planned, attempted or
completed), the Practitioner agrees to report such events to QTIPL via the
email: medicolegal-team@practo.com immediately
xv. The Practitioners agrees not to request see for images or video of the User's
private body parts in any manner whatsoever until and unless all other
options have been exhausted to diagnose the User’s condition and it is
absolutely necessary to arrive at a probable diagnosis.
xvi. If Practitioner needs to change the status to 'unavailable', the same could be
changed after having completed all the open consultations. In case the
Practitioner leaves a consultation open and changes the status to
'unavailable', the Practitioner understands that he shall be liable to pay
such penalty as may be imposed by QTIPL, in these cases.
xvii. The Practitioner is not allowed to use any other platform other than the
Consult platform for the purpose of interacting/communicating with the
User and any attempt by the Practitioner to interact with the Users through
any other external means of communication will amount to violation of this
Agreement by the Practitioner.
xviii. If the Practitioner’s performance on the Consult platform is not compliant with
the expected guidelines of QTIPL or the Practitioner is found to be
misusing the Consult platform, the Practitioner may result in losing the
privilege of using the Consult feature & platform.
xix. The Practitioner acknowledges that should QTIPL find the Practitioner to be
in violation of any of the applicable laws/rules/ regulations/guidelines set
out by the authorities then QTIPL shall be entitled to cancel the
consultation with such Practitioner or take such other legal action as may
be required.
xx. In case of there being any technical failure, at the time of transaction and
there is a problem in making payment, User may contact QTIPL's support
team via online chat: https://www.practo.com/consult/direct/chat-support.
xxi. It is further understood by the Practitioner that the information that is
disclosed by the User at the time of consultation is personal information
and is subject to all applicable privacy laws, shall be confidential in nature
and subject to User and Practitioner privilege.
xxii. The Practitioner understands that QTIPL makes no promise or guarantee for
any uninterrupted communication and the Practitioner shall not hold
QTIPL liable, if for any reason the communication is not delivered to the
User(s), or are delivered late or not accessed, despite the efforts
undertaken by QTIPL
xxiii. The Practitioner understands that QTIPL makes no promise or guarantee for
the number of consultations that will be allocated to a Practitioner on the
Consult platform. The consultations allocated to a Practitioner will depend
upon various factors, which inter-alia includes, Consult response time,
patient feedback and number of practitioners available, etc., It is the
responsibility of the Practitioner to keep a track of their overall
performance using the Practo Pro application.
xxiv. It shall be the responsibility of the Practitioner to ensure that the information
provided by User is accurate and not incomplete and understand that
QTIPL shall not be liable for any errors in the information included in any
communication between the Practitioner and User.
xxv. The Practitioner shall indemnify and hold harmless QTIPL and its affiliates,
subsidiaries, directors, officers, employees and agents from and against
any and all claims, proceedings, penalties, damages, loss, liability,
actions, costs and expenses (including but not limited to court fees and
attorney fees) arising due to the Services provided by Practitioner,
violation of any law, rules or regulations by the Practitioner or due to such
other actions, omissions or commissions of the Practitioner that gave rise
to the claim.
iv. Refund policy for Patients:
i. In the event it is proved that the Practitioners have acted in contravention of
any applicable laws, QTIPL shall provide complete refund to the User,
subject to investigation undertaken by QTIPL.
ii. If the cancellation is due to the abusive nature of the User, such User shall
not be eligible for any refund and QTIPL/Practitioner shall be entitled to
take any legal action, depending upon the gravity of the matter.
iii. User shall refrain from raising any personal queries or advise on the Consult
platform which are not related to a specific disease / medicine. In the
event the User raises any such personal queries or advice on the Consult
platform, QTIPL reserves the right to terminate the consultation of such
Users and further, such Users will not be entitled to any refund.
iv. In case a Practitioner does not respond to a paid consultation within ten (10)
minutes from the time of starting a consultation on the Consult platform, or
does not respond for more than fifteen (15) minutes during an active
consultation, the User shall have the right to request for a refund and any
amounts paid by the User with respect to the such consultations will be
refunded.
v. In case a Practitioner does not provide a consultation summary prescription
for a particular consultation, then the User shall have the right to request
for a refund and any amounts paid by the User with respect to the such
consultations will be refunded. Refunds will not be provided if the
Practitioner has provided a consultation summary prescription to the User.
vi. In case a Practitioner is unreasonably abrupt or quick to complete a particular
consultation on the Consult platform, then the User shall have the right to
request for a refund. QTIPL shall provide complete refund to the User,
subject to investigation undertaken by QTIPL.
vii. QTIPL reserves the right to permanently block Users from the Consult
platform in the event QTIPL receives multiple cancellation request from
such Users for reasons which do not form part of the cancellation policy of
QTIPL.
viii. Users are allowed a period of three (3) days to flag any consultation as
inadequate, and request for a refund. No refund requests shall be
considered thereafter.
ix. Users can request a refund by contacting QTIPL’s online chat
support: https://www.practo.com/consult/direct/chat-support
x. QTIPL shall check the details and process the refund where applicable,
solely at its discretion. After a refund request is processed, the money will
be refunded to the User in seven (7) working days from the day refund
has been approved from QTIPL.
xi. In the event a User raises any concerns regarding the inappropriateness of a
particular consultation on the Consult platform, the User agrees that the
refund or any other outcome for any such concerns raised by the User will
be subject to a detailed review of the said concerns by QTIPL as per
QTIPL’s internal policies.
xii. In all matters related to refund and settlement under this Agreement, QTIPL
shall decide so at its sole and absolute discretion after detailed review of
the matter and taking into account all the involved parties’ information.
The decision of QTIPL shall be final in this regard.
v. Express Disclaimers:
i. Consult is intended for general purposes only and is not meant to be used in
emergencies/serious illnesses requiring physical consultation. Further, if
the Practitioner adjudges that a physical examination would be required
and advises ‘in-person consultation’, it is the sole responsibility of the
User, to book an appointment for physical examination and in-person
consultation whether the same is with the Practitioner listed on the
Website or otherwise. In case of any negligence on the part of the User in
acting on the same and the condition of the User deteriorates, QTIPL
shall not be held liable.
ii. Consult is a platform being made available to Users to assist them to obtain
consultation from Practitioners and does not intend to replace the physical
consultation with the Practitioner.
2. Consult (International)
i. Definition:
Consult (International) is a service provided by QTIPL that allows international
Users & Practitioners to communicate, on paid mode. Further, such Users may
access this feature on Website/ platform to get assigned, for the purposes of a
consult with a Practitioner whereby such Practitioners are inter alia assigned
through the system’s algorithm/software-program that finds the most available
and accepting Practitioner. The scope of this feature as detailed herein is
collectively referred to as “Consult (International)".
ii. Terms for Users:
The Users expressly understand, acknowledge and agree to the following set
forth herein below:
i. Users can choose the Practitioner in certain events (like through Q&A
offering). In cases where Users cannot choose a Practitioner (due to
system setup), the system uses an algorithm/software-program to find the
most available and accepting Practitioner.
ii. The Users agree to use the advice from Practitioner on the Website pursuant
to:
an ongoing treatment with their medical practitioner;
a condition which does not require emergency treatment, physical
examination or medical attention;
medical history available as records with them for reference;
a record of physical examination and report thereof with them,
generated through their local medical practitioner;
consultation with their medical practitioner before abandoning or
modifying their ongoing treatment.
iii. The User agrees that by using Consult (International), the Practitioners on
Consult (International) will not be providing a medical consultation,
conducting physical examination of the Users, hence, they may not have
or be able to derive important information that is usually obtained through
a physical examination. User acknowledges and agrees that the User is
aware of this limitation and agrees to assume the complete risk of this
limitation.
iv. The User understands that Consult (International) shall not form a substitute
for treatment that otherwise needs physical examination/immediate
consultation. Further, the User understands that the consultation provided
by the Practitioner on Consult (International) is based on general medical
conditions and practices prevalent in India, to the best of his knowledge
and ability, and not for conditions which are territory specific for regions
other than India, irrespective of where the User is procuring medical
services or engaging in communication with the Practitioner.
v. If Practitioner responds to the User’s query, the system could trigger
communications to the User, in the form of notification/text/email/others.
The User further understands that QTIPL may send such communications
like text messages/email/calls before and/or after Practitioner’s
consultation (physical or online) to User’s mobile number, based on the
Practitioner’s settings (through the Website). However, and
notwithstanding anything to the contrary in this Agreement, QTIPL does
not take responsibility for timeliness of such communications.
vi. Consult (International), is merely a medical information providing model, any
interactions and associated issues with the Practitioner on Consult
(International) including but not limited to the User’s health issues and/or
the User’s experiences is not a medical consultation in any manner.
vii. Any conversations that the Users have had with the Practitioner will not be
subject to doctor patient confidentiality. It is explicitly provided that any
such interaction on Consult (International) does not establish a patient
doctor relationship.
viii. User understands and agrees to provide accurate information and will not
use the Consult (International) platform for any acts that are considered to
be illegal in nature.
ix. If User decides to engage with a Practitioner to procure medical services or
engages in communication, exchange of money for services outside of
Consult (International) platform, User shall do so at their own risk. QTIPL
shall not be responsible in this regard in any manner whatsoever.
x. The User agrees and understands that the transaction with the Practitioner
are subject to jurisdiction of Indian laws and that any claim, dispute or
difference arising from it shall be subject to the jurisdiction provision as
contained in the Terms and Conditions hereunder, at all times. The User
further agrees and understands that the Practitioner is a medical
practitioner who is licensed to practice medicine in India and the onus is
on the User to determine if he/she is eligible to chat with the Practitioners
via the Website. It is expressly clarified that at no point in time can it be
construed that the Practitioner is practicing medicine in a territory other
than India, irrespective of where the User is located and procures medical
services or engages in communication with the Practitioner, in any
manner whatsoever.
xi. The User shall indemnify and hold harmless QTIPL and its affiliates,
subsidiaries, directors, officers, employees and agents from and against
any and all claims, proceedings, penalties, damages, loss, liability,
actions, costs and expenses (including but not limited to court fees and
attorney fees) arising due to or in relation to the use of Website by the
User, by breach of these terms or violation of any law, rules or regulations
by the User, or due to such other actions, omissions or commissions of
the User that gave rise to the claim.
xii. The User shall make payment using the payment gateway to make payments
online, solely at User's discretion. Should there be any issues with regard
to the payment not reaching the QTIPL account, the User may contact
support via online chat: https://www.practo.com/consult/direct/chat-
support.
iii. Express Disclaimers:
i. Consult (International) is intended for general purposes only and is not meant
to be a medical consultation, used in emergencies/serious illnesses
requiring physical consultation.
ii. Consult (International)is a platform being made available to Users to assist
them to obtain information from experts (Practitioners) and does not
intend to replace the physical consultation with the Practitioner.
iv. Terms for Practitioners:
i. The Practitioner shall promptly reply to the User after receiving User’s
communication. In case of non-compliance with regard to adhering to the
applicable laws/rules/regulations/guidelines by the Practitioner, QTIPL
shall have the right to replace such Practitioners for the purpose of
interaction with the User.
ii. The Practitioner further understands that, there is a responsibility on the
Practitioner to provide accurate information to the User, as the Practitioner
would have done so to any other patient of his, however no doctor-patient
relationship is established pursuant to interactions on Consult
(International).
iii. The Practitioner has the discretion to cancel any chat at any point in time in
cases where the Practitioner feels, it is beyond his/her expertise or his/her
capacity to interact with the User. In such cases, it may trigger a refund to
the User and the User has the option of choosing other Practitioners.
However, it is strongly recommended that the Practitioner advise the User
and explain appropriately for next steps.
iv. The Practitioner shall at all times ensure that all the applicable laws that
govern the Practitioner shall be followed and utmost care shall be taken in
terms of the interaction on Consult (International).
v. The Practitioner acknowledges that should QTIPL find the Practitioner to be
in violation of any of the applicable laws/rules/ regulations/guidelines set
out by the authorities in Consult (International), then QTIPL shall be
entitled to cancel the interaction with such Practitioner or take such other
legal action as may be required.
vi. In case of there being any technical failure, at the time of transaction and
there is a problem in making payment, you could contact the QTIPL
support team via online chat: https://www.practo.com/consult/direct/chat-
support.
vii. It is further understood by the Practitioner that the information that is
disclosed by the User at the time of interaction is personal information and
is subject to all applicable privacy laws.
viii. The Practitioner understands that QTIPL makes no promise or guarantee for
any uninterrupted communication and the Practitioner shall not hold
QTIPL/Practo liable, if for any reason the communication is not delivered
to the User(s), or are delivered late or not accessed, despite the efforts
undertaken by QTIPL.
ix. It shall be the responsibility of the Practitioner to ensure that the information
provided by User is accurate and not incomplete and understand that
QTIPL shall not be liable for any errors in the information included in any
communication between the Practitioner and User.
x. The Practitioner shall indemnify and hold harmless QTIPL and its affiliates,
subsidiaries, directors, officers, employees and agents from and against
any and all claims, proceedings, penalties, damages, loss, liability,
actions, costs and expenses (including but not limited to court fees and
attorney fees) arising due to the Services provided by Practitioner,
violation of any law, rules or regulations by the Practitioner or due to such
other actions, omissions or commissions of the Practitioner that gave rise
to the claim under Consult (International).
3. CONFIDENTIALITY
The Practitioner using the Consult platform and Consult (International) platform, as the
case may be, shall have the following confidentiality obligations:
i. Practitioner agrees to keep confidential all deliverables and all data, technical,
product, business, financial, and other information regarding the business and
software programs of QTIPL, its affiliates, customers, employees, investors,
contractors, vendors and suppliers (the “Confidential Information”), including but
not limited to programming techniques and methods, research and development,
computer programs, documentation, marketing plans, customer identity, user
engagement models and business methods. Without limiting the generality of the
foregoing, Confidential Information includes all information and materials
disclosed orally or in any other form, regarding QTIPL’s and/or its affiliates’
software products or software product development including, but not limited to,
the configuration techniques, data classification techniques, user interface,
applications programming interfaces, data modelling and management
techniques, data structures, and other information of or relating to QTIPL’s and/or
its affiliates’ software products or derived from testing or other use thereof.
ii. Practitioner shall at all times protect and safeguard the Confidential Information and
agrees not to disclose, give, transmit or otherwise convey any Confidential
Information, in whole or in part, to any other person.
iii. Practitioner agrees that it will not use any Confidential Information for its own
purpose or for the benefit of any third party and shall honour the copyrights and
other intellectual property rights of QTIPL and will not copy, duplicate, or in any
manner reproduce any such copyrighted materials.
iv. Upon request of QTIPL or upon termination of the Agreement, Consultant shall
promptly deliver to QTIPL any and all documents, notes, or other physical
embodiments of or reflecting the Confidential Information (including copies
thereof), if any that are in possession or control of the Practitioner.
v. Nothing in the Agreement will be construed as conveying to the Practitioner any right,
title or interests or copyright in or to any Confidential Information of QTIPL; or to
convey any license as to use, sell, exploit, copy or further develop any such
Confidential Information.
vi. The confidentiality obligations of the Practitioner as mentioned herein will survive
termination or expiration of the Agreement. QTIPL has the right to take such
action it deems necessary to protect its rights hereunder, including, without
limitation, injunctive relief and any other remedies as may be available at law or
equity.
vii. Any non-disclosure agreement signed between QTIPL and the Practitioner will
remain effective, provided that its duration shall be extended coterminous with the
Agreement. If there is a conflict between the confidentiality obligations of the
Agreement and any non-disclosure agreement, the most restrictive obligation will
prevail.
QTIPL is entitled to use the Practitioner’s name and logo, including trademarks
(collectively, “Marks”) on the Website and QTIPL’s marketing materials. QTIPL will be
permitted to issue press releases of any kind referencing the Practitioner and the Marks.
However, the Practitioner shall seek a written permission from QTIPL to participate in any
press releases or for using trade names, trademarks, or service marks of QTIPL in any of
its advertisement, publicity, or promotion.
iii. TERMINATION
QTIPL/Practo (as the context warrants) reserves the right to suspend or terminate
services provided through the Website and under this Agreement, with or without notice
and to exercise any other remedy available under law, in case of the occurrence of the
following events:
i. Practitioner breaches any terms and conditions of the Agreement or contravenes
applicable laws; and
ii. A third-party reports violation of any of its right as a result of your use of the Services.
o LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall QTIPL, or any of its directors,
officers, employees, agents or content or service providers, affiliates and group
companies (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 other 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).
o SEVERABILITY
If any provision of the Agreement is invalid as per applicable law, held by a court of
competent 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 competent jurisdiction or arbitral tribunal.
o WAIVER
o NO DISPARAGEMENT
Notwithstanding anything herein, neither party will make any claims, representations or
warranties on behalf of the other party or bind the other party, and neither party is
authorized to do so by this Agreement. The relationship between the parties will be that of
independent contractors. Nothing contained herein will be construed to imply a joint
venture, principal or agent relationship, or other joint relationship, and neither party will
have the right, power or authority to bind or create any obligation, express or implied, on
behalf of the other party. Practitioner shall not make any public statement disparaging the
other party’s brand, marks, products or services. Each party will retain all right, title and
interest in and to its products, services, marks, and all content, information and other
materials, and nothing contained in this Agreement will be construed as conferring upon
such party, by implication, operation of law or otherwise, any other license or other right.
The parties agree that this Agreement and any contractual obligation between Practo and
User will be governed by the laws of India.
The courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of
or in relation to this Agreement, User’s use of the Website or the Services or the
information to which it gives access.
4. Privacy policy
Privacy Policy
Practo Technologies Private Limited (“us”, “we”, or “Practo”, which also includes its
affiliates) is the author and publisher of the internet resource www.practo.com
(“Website”) on the world wide web as well as the software and applications provided by
Practo, including but not limited to the mobile application ‘Practo’, and the software and
applications of the brand names ‘Practo Ray’, ‘Practo Tab’, ‘Practo Reach’, ‘Hello’, and
‘Health Account’ (together with the Website, referred to as the “Services”).
This privacy policy ("Privacy Policy") explains how we collect, use, share, disclose and
protect Personal information about the Users of the Services, including the Practitioners
(as defined in the Terms of Use, which may be accessed via the following weblink
https://practo.com/privacy (the “Terms of Use”)), the End-Users (as defined in the
Terms of Use), and the visitors of Website (jointly and severally referred to as “you” or
“Users” in this Privacy Policy). We created this Privacy Policy to demonstrate our
commitment to the protection of your privacy and your personal information. Your use
of and access to the Services is subject to this Privacy Policy and our Terms of Use. Any
capitalized term used but not defined in this Privacy Policy shall have the meaning
attributed to it in our Terms of Use.
Generally some of the Services require us to know who you are so that we can best
meet your needs. When you access the Services, or through any interaction with us
via emails, telephone calls or other correspondence, we may ask you to voluntarily
provide us with certain information that personally identifies you or could be used to
personally identify you. You hereby consent to the collection of such information by
Practo. Without prejudice to the generality of the above, information collected by us
from you may include (but is not limited to) the following:
i. contact data (such as your email address and phone number);
ii. demographic data (such as your gender, your date of birth and your pin
code);
iii. data regarding your usage of the services and history of the appointments
made by or with you through the use of Services;
iv. insurance data (such as your insurance carrier and insurance plan);
v. other information that you voluntarily choose to provide to us (such as
information shared by you with us through emails or letters.
The information collected from you by Practo may constitute ‘personal information’
or ‘sensitive personal data or information’ under the SPI Rules.
“Personal Information” is defined under the SPI Rules to mean any information
that relates to a natural person, which, either directly or indirectly, in combination
with other information available or likely to be available to a body corporate, is
capable of identifying such person.
The SPI Rules further define “Sensitive Personal Data or Information” of a person to
mean personal information about that person relating to:
vi. passwords;
vii. financial information such as bank accounts, credit and debit card details
or other payment instrument details;
viii. physical, physiological and mental health condition;
ix. sexual orientation;
x. medical records and history;
xi. biometric information;
xii. information received by body corporate under lawful contract or
otherwise;
xiii. visitor details as provided at the time of registration or thereafter; and
xiv. call data records.
Practo will be free to use, collect and disclose information that is freely available in
the public domain without your consent.
3.PRIVACY STATEMENTS
i. 3.1ALL USERS NOTE:
If you have voluntarily provided your Personal Information to Practo for any of the
purposes stated above, you hereby consent to such collection and use of such
information by Practo. However, Practo shall not contact You on Your telephone
number(s) for any purpose including those mentioned in this sub-section 4.1(iii),
if such telephone number is registered with the Do Not Call registry (“DNC
Registry”) under the PDPA without your express, clear and un-ambiguous written
consent.
3.1.4Collection, use and disclosure of information which has been
designated as Personal Information or Sensitive Personal Data or Information’
under the SPI Rules requires your express consent. By affirming your assent to this
Privacy Policy, you provide your consent to such use, collection and disclosure as
required under applicable law.
3.1.5Practo does not control or endorse the content, messages or
information found in any Services and, therefore, Practo specifically disclaims any
liability with regard to the Services and any actions resulting from your
participation in any Services, and you agree that you waive any claims against
Practo relating to same, and to the extent such waiver may be ineffective, you
agree to release any claims against Practo relating to the same.
3.1.6You are responsible for maintaining the accuracy of the
information you submit to us, such as your contact information provided as part of
account registration. If your personal information changes, you may correct, delete
inaccuracies, or amend information by making the change on our member
information page or by contacting us through privacy@practo.com. We will make
good faith efforts to make requested changes in our then active databases as soon
as reasonably practicable. If you provide any information that is untrue, inaccurate,
out of date or incomplete (or becomes untrue, inaccurate, out of date or
incomplete), or Practo has reasonable grounds to suspect that the information
provided by you is untrue, inaccurate, out of date or incomplete, Practo may, at its
sole discretion, discontinue the provision of the Services to you. There may be
circumstances where Practo will not correct, delete or update your Personal Data,
including (a) where the Personal Data is opinion data that is kept solely for
evaluative purpose; and (b) the Personal Data is in documents related to a
prosecution if all proceedings relating to the prosecution have not been completed.
3.1.7If you wish to cancel your account or request that we no
longer use your information to provide you Services, contact us through
support@practo.com . We will retain your information for as long as your account
with the Services is active and as needed to provide you the Services. We shall not
retain such information for longer than is required for the purposes for which the
information may lawfully be used or is otherwise required under any other law for
the time being in force. After a period of time, your data may be anonymized and
aggregated, and then may be held by us as long as necessary for us to provide our
Services effectively, but our use of the anonymized data will be solely for analytic
purposes. Please note that your withdrawal of consent, or cancellation of account
may result in Practo being unable to provide you with its Services or to terminate
any existing relationship Practo may have with you.
3.1.8If you wish to opt-out of receiving non-essential
communications such as promotional and marketing-related information regarding
the Services, please send us an email at support@practo.com .
3.1.9Practo may require the User to pay with a credit card, wire
transfer, debit card or cheque for Services for which subscription amount(s) is/are
payable. Practo will collect such User’s credit card number and/or other financial
institution information such as bank account numbers and will use that information
for the billing and payment processes, including but not limited to the use and
disclosure of such credit card number and information to third parties as necessary
to complete such billing operation. Verification of credit information, however, is
accomplished solely by the User through the authentication process. User’s credit-
card/debit card details are transacted upon secure sites of approved payment
gateways which are digitally under encryption, thereby providing the highest
possible degree of care as per current technology. However, Practo provides you an
option not to save your payment details. User is advised, however, that internet
technology is not full proof safe and User should exercise discretion on using the
same.
3.1.10Due to the communications standards on the Internet, when
a User or the End-User or anyone who visits the Website, Practo automatically
receives the URL of the site from which anyone visits. Practo also receives the
Internet Protocol (IP) address of each User’s computer (or the proxy server a User
used to access the World Wide Web), User’s computer operating system and type
of web browser the User is using, email patterns, as well as the name of User’s ISP.
This information is used to analyze overall trends to help Practo improve its
Service. The linkage between User’s IP address and User’s personally identifiable
information is not shared with or disclosed to third parties. Notwithstanding the
above, Practo may share and/or disclose some of the aggregate findings (not the
specific data) in anonymized form (i.e., non-personally identifiable) with
advertisers, sponsors, investors, strategic partners, and others in order to help
grow its business.
3.1.11The Website uses temporary cookies to store certain (that is
not sensitive personal data or information) that is used by Practo and its service
providers for the technical administration of the Website, research and
development, and for User administration. In the course of serving advertisements
or optimizing services to its Users, Practo may allow authorized third parties to
place or recognize a unique cookie on the User’s browser. The cookies however, do
not store any Personal Information of the User. You may adjust your internet
browser to disable cookies. If cookies are disabled you may still use the Website,
but the Website may be limited in the use of some of the features.
3.1.12A User may have limited access to the Website without
creating an account on the Website. Unregistered Users can make appointments
with the doctors by providing their name and phone number. In order to have
access to all the features and benefits on our Website, a User must first create an
account on our Website. To create an account, a User is required to provide the
following information, which such User recognizes and expressly acknowledges is
Personal Information allowing others, including Practo, to identify the User: name,
User ID, email address, country, ZIP/postal code, age, phone number, password
chosen by the User and valid financial account information. Other information
requested on the registration page, including the ability to receive promotional
offers from Practo, is optional. Practo may, in future, include other optional
requests for information from the User to help Practo to customize the Website to
deliver personalized information to the User.
3.1.13This Privacy Policy applies to Services that are owned and
operated by Practo. Practo does not exercise control over the sites displayed as
search results or links from within its Services. These other sites may place their
own cookies or other files on the Users’ computer, collect data or solicit personal
information from the Users, for which Practo is not responsible or liable.
Accordingly, Practo does not make any representations concerning the privacy
practices or policies of such third parties or terms of use of such websites, nor does
Practo guarantee the accuracy, integrity, or quality of the information, data, text,
software, sound, photographs, graphics, videos, messages or other materials
available on such websites. The inclusion or exclusion does not imply any
endorsement by Practo of the website, the website's provider, or the information on
the website. If you decide to visit a third party website linked to the Website, you
do this entirely at your own risk. Practo encourages the User to read the privacy
policies of that website.
3.1.14The Website may enable User to communicate with other
Users or to post information to be accessed by others, whereupon other Users may
collect such data. Such Users, including any moderators or administrators, are not
authorized Practo representatives or agents, and their opinions or statements do
not necessarily reflect those of Practo, and they are not authorized to bind Practo
to any contract. Practo hereby expressly disclaims any liability for any reliance or
misuse of such information that is made available by Users or visitors in such a
manner.
3.1.15Practo does not collect information about the visitors of the
Website from other sources, such as public records or bodies, or private
organisations, save and except for the purposes of registration of the Users (the
collection, use, storage and disclosure of which each End User must agree to under
the Terms of Use in order for Practo to effectively render the Services).
3.1.16Practo maintains a strict "No-Spam" policy, which means
that Practo does not intend to sell, rent or otherwise give your e-mail address to a
third party without your consent.
3.1.17Practo has implemented best international market practices
and security policies, rules and technical measures to protect the personal data that
it has under its control from unauthorised access, improper use or disclosure,
unauthorised modification and unlawful destruction or accidental loss. However, for
any data loss or theft due to unauthorized access to the User’s electronic devices
through which the User avails the Services, Practo shall not be held liable for any
loss whatsoever incurred by the User.
3.1.18Practo implements reasonable security practices and
procedures and has a comprehensive documented information security programme
and information security policies that contain managerial, technical, operational and
physical security control measures that are commensurate with respect to the
information being collected and the nature of Practo’s business.
3.1.19Practo takes your right to privacy very seriously and other
than as specifically stated in this Privacy Policy, will only disclose your Personal
Information in the event it is required to do so by law, rule, regulation, law
enforcement agency, governmental official, legal authority or similar requirements
or when Practo, in its sole discretion, deems it necessary in order to protect its
rights or the rights of others, to prevent harm to persons or property, to fight fraud
and credit risk, or to enforce or apply the Terms of Use.
ii. 3.2PRACTITIONERS NOTE:
Practo may update this Privacy Policy at any time, with or without advance notice. In
the event there are significant changes in the way Practo treats User’s personally
identifiable information, or in the Privacy Policy itself, Practo will display a notice on
the Website or send Users an email, as provided for above, so that you may review
the changed terms prior to continuing to use the Services. As always, if you object to
any of the changes to our terms, and you no longer wish to use the Services, you
may contact support@practo.com to deactivate your account. Unless stated
otherwise, Practo’s current Privacy Policy applies to all information that Practo has
about you and your account.
If a User uses the Services or accesses the Website after a notice of changes has
been sent to such User or published on the Website, such User hereby provides
his/her/its consent to the changed terms.
Practo strongly encourages parents and guardians to supervise the online activities
of their minor children and consider using parental control tools available from online
services and software manufacturers to help provide a child-friendly online
environment. These tools also can prevent minors from disclosing their name,
address, and other personally identifiable information online without parental
permission. Although the Practo Website and Services are not intended for use by
minors, Practo respects the privacy of minors who may inadvertently use the
internet or the mobile application.
You acknowledge that this Privacy Policy is a part of the Terms of Use of the Website
and the other Services, and you unconditionally agree that becoming a User of the
Website and its Services signifies your (i) assent to this Privacy Policy, and (ii)
consent to Practo using, collecting, processing and/or disclosing your Personal
Information in the manner and for the purposes set out in this Privacy Policy. Your
visit to the Website and use of the Services is subject to this Privacy Policy and the
Terms of Use.
Against every Practitioner listed in Practo.com, you may see a ‘show number’ option.
When you choose this option, you choose to call the number through a free
telephony service provided by Practo, and the records of such calls are recorded and
stored in Practo’s servers. Such call will have an IVR message stating the purpose of
recording your calls and your consent to such recordings which are dealt with as per
the Privacy Policy. If you choose not to consent to recording of such call, Practo
hereby reserves the right to not provide you the Services for which such Personal
Information is sought. Such records are dealt with only in accordance with this
Privacy Policy.
You can use the Website without registering for an account, but to book an
appointment, you may be asked certain information (including your [mobile
number], and such other information as requested when you choose to use the
Services without registration) to confirm the appointment.
Against every Practitioner listed in Practo.com, you may see a ‘show number’ option.
When you choose this option, you choose to call the number through a free
telephony service provided by Practo, and the records of such calls are recorded and
stored in Practo’s servers. Such call will have an IVR message stating the purpose of
recording your calls and your consent to such recordings which are dealt with as per
the Privacy Policy. If you choose not to consent to recording of such call, Practo
hereby reserves the right to not provide you the Services for which such Personal
Information is sought. Such records are dealt with only in accordance with this
Privacy Policy.
As a Practitioner, you may avail of the listing service without registering for an
account by providing information regarding your [name, mobile number, email
address], and such other information as requested by any of Practo’s employees or
agents who contact you in person or by telephone. In such event, Practo will
maintain this information if and until you choose to register for an account, for which
Practo may contact you from time to time. Practo will, after such information is
collected from you, send you a confirmation email confirming the information
provided and the fact that you will be listed on the Website. In the event you do not
wish to be so listed on the Website, please inform Practo immediately at
support@practo.com
You will be required to create an account and may be required to provide Practo with
information regarding your [name, mobile number, email address, digital signature],
and such other information as requested by Practo on the Ray and/or Tab
Practitioner registration page, in order to complete your registration. Practitioner
agrees to the use of the digital signature in the prescription and clinical notes as the
regulatory requirements. Practo will not access the said digital signature for any
other purpose under any circumstance. Upon registration, Practo will access non-
personally identifiable information of your patients from your patient records. You
agree to make your patients fully aware of such access.
Practo reserves the right to extend and withdraw ‘ABS’ (also known as Instant)
functionality to you at its sole discretion, based on the number of End-User
appointments being honoured by you. The extension or withdrawal of such facility
shall be intimated to you by Practo.
You have an option under these products to switch on ‘End-User Feedback’. This will
mean that you are giving one or more patients’ contact details to Practo’s feedback
system. End-Users may choose to send feedback anonymously too, in which case
you agree that you have no objection to such anonymous feedback. The feedback
system will then send an SMS and email to the patient(s) asking for feedback which
may then be published on the Website. You agree to make your patients fully aware
of the possibility of their receiving such feedback queries.
You will be required to create an account and may be required to provide Practo with
information regarding your [name, mobile number, email address], and such other
information as requested by Practo on the ‘Practo Reach’ Practitioner registration
page, in order to complete your registration.
You may be required to create an account and may be required to provide Practo
with information such as your name, mobile number, email address, and such other
information as requested by Practo on the Practo Consult registration page in order
to complete your registration.
Dates Festival
01-
New Year's Day
Jan
13-
Lohri(Punjab, Delhi NCR, Haryana and Himachal Pradesh)
Jan
14-
Makar Sankranti
Jan
14-
Pongal(Tamil Nadu)
Jan
26-
Republic Day
Jan
29-
Holi
Mar
14-
Eid-ul-Fitar
May
21-Jul Bakr Id
15-
Independence Day
Aug
21-
Onam(Kerala)
Aug
Sep Andhra Pradesh, Telangana, Tamil Nadu, West Bengal and Orissa)
15-
Dussehra
Oct
5-Nov Diwali/Deepavali
10-
Chhat Puja (Bihar, Jharkhand and Uttar Pradesh)
Nov
25-
Christmas
Dec
1. The Prime benefit Entitlement voucher will only be issued in the name
of the User who booked the appointment.
2. The e-gift voucher can neither be transferred to someone else nor can
it be redeemed for cash.
3. Practo reserves the right to not extend this offer to Users with
repeated instances of ‘patient no-show’ post booking appointment and
suspected fraud Users.
4. The above-mentioned specific terms relating to Practo Prime benefits
program are without prejudice to the Terms and Conditions and the
Privacy policy available on the Practo website/ Application.
5. Practo reserves the right to revoke or revise Practo Prime benefits
without any prior notice.
6. All capitalized terms used, and not otherwise expressly defined in this
terms and conditions have the meaning given to such terms in the Practo
Terms & Conditions.
Practo HealthCash as Cashback
Each User shall be entitled to a cashback of Rs. 50 (Rupees Fifty only)
(“Cashback”) for their first appointment that is booked and completed
through the Website in relation to every unique Practitioner where such a
Promise is explicitly stated on the website; for this paragraph the term
“Practitioner” shall be understood to be an institution and not the individual
practitioner. Cashback shall be denominated as 'healthcash' which is a credit
balance that can utilized within a period of 30 days in lieu of the services
being offered on the Website. User is not entitled to Cashback in case of
appointment cancellations and “no show”. If healthcash is not credited within
48 hours post the appointment time (as recorded on the Website), please
reach out to us at prime@practo.com
due to high
wait time OR
doctor
unavailability
or high
consultation
30 days.
Subsequent
1+ low PHS
rating due to
OR doctor
unavailability
or high
consultation
fee. Informing the Practice Owner about the score and Feedback
Patient OR Pausing the Prime Campaign
Sending an email to confirm and collect assurance on agreed
Happiness If the PHS of T&C
Score the practice Unpausing the Prime Campaign after assurance is provided
Monitoring the score for the next 7 days and next 3 Feedback
remains
below 80%
for a
continued
duration of
more than 30
1st
intervention.
Deactivating Book button indefinitely for the practice
Patient Subsequent
Refunding the refundable amount of the wallet back to the
Happiness 1+ low PHS Practitioner
rating due to
OR doctor
unavailability.
OR
If the PHS of
the practice
remains
Score
below 80%
for a
continued
duration of
more than 30
1st
intervention.
Note
1. All numbers in the table above are computed on a Practice-level. This
means one case of non-compliance by an individual doctor at the
practice will be considered as one case of non-compliance for the entire
practice.
2. The number of non-compliance cases is calculated after excluding
exceptions mentioned in 'Exceptions to the Guidelines'.
a. the side effects that may be caused or arise owing to the use of the medicines
and/or medicinal products,
b. the alternative medicines/medicinal products that may be used for certain type
or category of medicines/medicinal products
c. symptoms and associated medicines/medicinal products generally administered
in such cases.
1. For Users:
a. You understand that any information provided under this feature is not
intended to serve as a substitute for clinical advice and should not be
relied upon while making treatment related decisions. You are hereby
notified that the medicines and/or medicinal products related information
differs from country to country and varies from region to region and
hence the information/content published herein is India specific and
neither Practo nor the content owner is responsible for the applicability of
the content outside India. Practo provides information here on an ‘as is’,
basis and not with an intention to replace consultation with a qualified
medical practitioner.
b. Practo has used commercially reasonable efforts to source the information
from reliable databases, however, you understand that the information
contained in this feature is brought to you from open source platforms
and third party sites/research reports. Practo shall not be responsible or in
any manner be liable for the accuracy of the information or for any errors,
omissions or inaccuracies contained herein irrespective of the reason for
the cause of such occurrence, or for any consequences arising therefrom.
The inclusion or exclusion of any medicines and/or medicinal products
does not mean that Practo advocates or rejects the use of a particular
medicine and/or medicinal product listed herein.
c. You understand that the information on medicines and/or medicinal
products contained herein does not constitute an offer or invitation or
advise to use the same. The information on medicines and/or medicinal
products provided hereunder should not be relied upon in connection with
any decision to self-medicate. It is suggestible that you always consult a
medical practitioner at all times prior to relying upon any information set
out herein.
2. For Practitioners:
a. Practitioners agree and acknowledge that Practo does not make any
representation or warranty and does not guarantee the accuracy and/or
legitimacy of any information or content provided vide the feature
mentioned herein.
b. The feature herein acts as an information source only and not as a
database of medical prescription, and thus, does not warrant or confirm
the validity, accuracy, completeness, safety, usefulness, reliability,
legality, quality and/ or the applicability thereof. The Practitioners
understand that any information provided under this feature is therefore
not intended to serve as a substitute for clinical judgement and agrees to
use his/her discretion while relying upon the same for treatment related
advice, decisions or otherwise.
c. Practo does not represent or warrant that the information provided herein
will meet with the requirements or expectations of the Practitioner and
that any content, material or results that may be obtained from use of
information provided under the said feature will be accurate, timely,
complete, reliable, genuine and that any errors with regard to the same
will be correct at all times.
3. Disclaimer:
a. The content/information provided herein, regarding medicine and/or
medicinal products including but not limited to dietary supplements etc.,
have not been evaluated or approved by the Drug Controller of India or
any other statutory body.
b. THE INFORMATION PROVIDED UNDER THIS FEATURE IS BROUGHT TO
THE VIEWERS ON AN, "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT
ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PRACTO
EXPRESSLY DISCLAIMS ALL WARRANTEES OF ANY KIND, WHETHER
EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY,
ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED
HEREIN. PRACTO ALSO EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY
TO ANY PERSON WHOSOEVER IN RESPECT OF ANY LOSS, DAMAGE,
DEATH, PERSONAL INJURY OR OTHER CONSEQUENCES WHATSOEVER,
HOWSOEVER CAUSED OR ARISING HEREUNDER, BY THEIR USE OF OR
RELIANCE UPON, IN ANY WAY, TO THE INFORMATION CONTAINED
HEREIN.
4. Limitation of Liability.
In no event, shall Practo be liable to you for any lost or corrupted data,
downtime, lost profits, business interruption, replacement service or other
special, incidental, consequential, punitive or indirect damages, however caused
and regardless of theory of liability, including without limitation negligence and in
no event shall the total aggregate liability of Practo, for all claims arising out of
or under these terms and conditions, exceed INR 1000 (Indian Rupees One
Thousand only).
5. Change or modification:
6. Hold harmless:
a. The use of the feature herein and the content is at the viewer’s sole risk
and consequence. Practo shall not be responsible for the results of
viewer’s decisions resulting from the use of this feature.
b. The viewers/Users/Practitioners hereby release and agree to hold
harmless Practo, its affiliates/group companies, its directors, officers,
employees, agents, successors, advisors, consultants, representatives,
and assigns from any and all claims, losses, related suits, actions,
proceedings, investigations, judgments, deficiencies, damages,
settlements, liabilities, reasonable legal fees and expenses incurred, by
the viewers/Users/Practitioners arising due to the negligence or
misconduct of viewers/Users/Practitioners or due to the access of or
decisions taken on the information provided herein.
7. Third Party Links:
8. Payment:
The prices mentioned with respect to the medicines/drugs are for indicative
purposes.
The Terms contained herein, form an integral part of the Practo Terms and should be read with the
Practo Terms. In case of inconsistencies between the Practo Terms and the Terms contained
herein, Practo Terms shall prevail.
How it works:
Customer adds medicine he/she is interested in ordering, through the Practo app, by logging in
through the Practo user id, uploads prescription for ordering the medicine, specifies the delivery
location and places the order. The pharmacy receives the request and prescription on their software.
The pharmacy then verifies the order placed and the prescription uploaded, upon there being a stock
starts processing the order once indicated to Practo by pharmacy, Practo may inform the customer
about the availability of the medicine or whether the medicine can be delivered to the particular
location at the time slot requested for.
We understand that you are over eighteen (18) years of age and are accessing this feature on the
app, after having read Section 2 of these Terms. We are not liable in case, you have shared your
login id and password and a third party is placing order on behalf of you. You shall be solely liable
for all the mishaps caused from the usage of your account with Practo.com.
If you are the parent/legal guardian/authorised person for the patient disclosed herein, you affirm
that you are over the age of majority, and have full authority to sign for and provide the above
representations to the pharmacy/ Practo and/or its affiliates on the Patient's behalf.
On our app a Caregiver can order prescription medicines on your behalf. Practo requires either you
or your nurse/caretaker (“Caregiver”) to confirm he/she is completely aware of the indications, side
effects, drug interactions, effects of missed dose or overdose of the medicines he/she orders from
us. It is imperative to seek professional advice from your physician before purchasing or consuming
any medicine from Practo.
Practo, takes all precautions to strictly abide by the laws and regulations set forth in the dispensing
of prescription medications. By placing the order for your prescription medicines, you acknowledge
and accept the following terms regarding the purchase of any prescription medicines.
Practo will not dispense any prescription medication without a valid prescription from a licensed
physician. Also, before you can choose the low-cost generic option in the app, please ask your
doctor to add the generic drug to your prescription.
Practo may, at its discretion, share your prescription and other pertinent information with a third-
party network of certified medical doctors.
If you are ordering prescription medication(s), you hereby confirm that you will send us a scanned
copy of your valid prescription(s) and this prescription shall then be subject to the scrutiny of and
approval by our qualified pharmacists.
The drug information provided is for informative purposes only and this app is not intended to
provide diagnosis, treatment or medical advice. We are not liable for any adverse effects or harm to
you as a result of your reliance on the information in the Website.
By your use of the services, you acknowledge that such use is at your sole risk, including
responsibility for all costs associated with all necessary servicing or repairs of any equipment you
use in connection with these services.
As partial consideration for your access to our services and use of the content, you agree that Practo
is not liable to you in any manner whatsoever for decisions you may make or your actions or non
actions in reliance upon the content.
There are options of ‘cash on delivery’ and ‘payment by card’ on delivery. Sometimes we could add
discounts, but this could change from time to time.
All our product prices include all applicable statutory taxes, fees and subject to availability.
We make every effort to make sure that the pricing and availability of products on the app is
accurate and up to date. However, rarely, there may be an error on the pricing of a product or an
error related to product availability. In such cases, we are not responsible for any typographical
errors and we reserve the right to cancel the sale.
We reserve the right to correct any inaccuracies or omissions related to pricing and product
availability/descriptions, even after you have submitted your order, and to change or update any
other information at any time without prior notice.
We are not charging for delivery, however, watch out for the space because the Terms and
Conditions are subject to change. Delivery times may vary depending on the shipping destination.
Please note that delivery times are estimates only and are not guaranteed, due to circumstances out
of our control. You can make the payment via any one of the following methods of payment:
Credit/Debit Card, Net Banking or Cash on Delivery
Credit/Debit Card and Net Banking Payments are processed via our online payment service
partners.
Terms of Sale
Practo may accept or decline any order placed by a Customer in its absolute discretion without
liability to you. We reserve, the right to discontinue any programme or offer on the app/website.
We reserve the right, without prior notice, to limit the order quantity of any medicine/such other
products.
We acknowledge and you agree that you have fully and accurately disclosed your personal
information and personal health information and consent to its use by the pharmacy, Practo and/or
its affiliates. You confirm that you have had a physical examination by a physician and do not require
a physical examination.
You understand that all products shall be sold & dispensed by a registered pharmacist.
If you are the patient/parent/authorised person on behalf of the patient, you authorise and appoint
the pharmacy/ Practo and/or its affiliates, as your attorney and agent, to take all steps, sign all
documents and to act on your behalf as if you were personally present and acting for yourself for the
limited purposes of (a) obtaining a valid prescription for any prescription which you have sent the
pharmacy; and (b) packaging your prescriptions and delivering them to you.
By making purchase through our app, you hereby authorise Practo and/or its affiliates to ship the
order by post/courier to your designated location. This authorisation shall include, but not be limited
to: collecting and using your personal and personal health information as reasonably necessary for
the fulfillment of your order.
We do not provide, Schedule X drugs and Schedule H are provided only on prescription. However,
the same shall be provided to you solely at our discretion and we have the right to cancel orders
should there be any unsuspected activity in the volume/quantity of medicine placed and the
frequency as well.
Your information, i.e. prescription when uploaded while placing an order for medicines, shall be
made available to our pharmacies and our delivery guys for the purpose of sourcing the medicine
and having it delivered to you.
Practo reserves the right to set quantity-per-order limits on any and all items sold on these the app.
Practo may also limit the item quantity available to any single person or household over a given
period of time. These restrictions may be applied to orders using the same credit card or billing or
shipping address.
Practo is an e Commerce platform, we only provide technology to ensure users can order medicines
and deliver them to you. Should there be any issues with regard to the same then Practo shall not be
liable because Practo is neither the manufacturer nor the pharmacist selling the same. We are not
the manufacturers of the medicines and all the orders are merely routed for delivery by us through
our representatives or agents and shall not be liable for any mishaps.
A substitute will only be made in the event an item is out of stock and the identical brand and product
is available in a form that is of equal or greater value, e.g. larger quantity, packaged with a trial
sample, updated product packaging, etc. A product substitution will occur at no extra cost and, if the
substituted item is less expensive than the original item, the lower price will be charged.
The information provided on the app/website or through our services is intended for informational
purposes only, and is not intended to diagnose, treat, cure or prevent any disease.
We do not endorse any views or opinions that may be included in the app/website content, or other
information provided through our app/website. Your submission of questions or reviews on our
Products does not constitute a professional relationship between you and Practo.
We provide link to third-party websites, our online payment service partners, which process your Net
Banking and Credit/Debit Card payments, respectively.
Referral Credits
If you share your code with a friend, and when the order is placed and successfully delivered, then
you shall be provided with referral credit, as per our marketing campaigns/referral credits we are
offering online. Credit points are provided at our discretion and not yours and we could remove
anytime. One (1) credit point is equivalent to One (1) rupee, and can be used only on Practo order.
Disclaimer
We provide content on our app, but they do not, contain information about all medical conditions and
not all information could be applicable to your personal circumstances. The content is not intended
for diagnosis and should not be used as a substitute for consultation with your physician. We do not
warrant content to be accurate, complete or current. Practo is a distributor of such content and not
its publisher. Our third party suppliers may express certain opinions or provide certain information
and offers. The content we make available, whether it is about the products/services, have been
provided on an “as is” and “as available” basis without warranty of any kind, whether express,
implied or statutory. Practo makes no warranties as to the completeness, accuracy, timeliness, or
reliability of information or offers supplied by third parties and published by Practo. Practo does not
guarantee or warrant the performance of any third party, including any such third party's
conformance to any law, rule, regulation or policy. To the full extent not precluded by applicable law,
we disclaim and exclude all warranties with respect to all services, information and/or products
contained on these services, or linked hereto (collectively throughout, “content”), express, implied or
statutory.
This disclaimer includes, but is not limited to, any and all warranties of merchantability, fitness for a
particular purpose and non-infringement.
We expressly disclaim liability for technical failures, incomplete, scrambled or delayed transmissions
and/or technical inaccuracies, as well as unauthorized access of user transmissions by third parties.
Practo reserves the right to limit quantities on all items. Each advertised item must be readily
available for sale, unless specifically noted on these services will not issue a rain check or place a
backorder for items that are out of stock.
We take all reasonable care to ensure the availability of the A substitute will only be made in the
event an item is out of stock and the identical brand and product is available in a form that is of equal
or greater value, e.g. larger quantity, packaged with a trial sample, updated product packaging, etc.
A product substitution will occur at no extra cost and, if the substituted item is less expensive than
the original item, the lower price will be charged.
We function 24 hours every day, 365 days per year. However, the app/website may become
temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond
our control. We do not warrant uninterrupted access to this app/website or any linked website.
However, we may, but shall not be obliged to, issue a notice when we know of scheduled
maintenance of our app/website.
Cancellation
Orders can be placed from anywhere, however we do deliveries inside Bengaluru and that too in
selected locations and not necessarily all locations, , Very soon, we would be available at other
locations too.
Orders are taken with prescription, without which all orders shall be cancelled.
We have the right to cancel the order if we have not received the prescription for the order.
At Practo.com, we do our best to ensure that our customers are completely satisfied with our
products and we are happy to issue a full refund based on the conditions listed below:
a. For orders of medicines. If eligible for return under the returns policy, the products can be returned
within 30 days from the date of delivery
b. For orders of health products. If eligible for return under the returns policy, the products can be
returned within 7 days from the date of delivery
To return a product, the customer needs to reach out to the Customer Support team
at https://help.practo.com/. The Customer support team will assess the genuineness of the claim and
accordingly initiate a return if found valid.
Note:
1. Please keep the product in its original packaging with all the labels intact.
2. Please keep the copy of the invoice also ready for verification.
3. The refund for the returned items will be processed once the product reaches our warehouse
which meets the eligibility of returns policy.
The product will NOT qualify for return and refund if:
a. If the product has been opened (even if partially), partially used or if the product packaging has
been damaged or tampered with.
b. If the product is a non-returnable product. Note: All our cold-chain and and specialty products
(products related to Oncology, nephrology, critical care and neurology, infertility, hematology,
hepatology, and cardiac care ) are non-returnable.
c. If the product comes bundled with accessories or freebies that are not provided with it while
returning.
d. If the product does not have the associated Serial Number / barcode that was present at the time
of delivery
Eligibility of Refunds:
The product will quality for refund if it meets the following one or more criteria:
a. The ordered item(s) is/are lost or damaged during transit or is delivered in a tampered state
(subject to photographic / other proofs establishing the said tampering);
b. The ordered item(s) is/are past its expiry date at the receipt period.
c. The ordered item(s) is/are returned by the customer in acceptable physical condition.
Please note:
Refund will be completed within 7 to 10 working days to the original mode of transfer or to your
account in case Cash-on-Delivery was selected as payment method. Practo has no control over the
bank’s refund processing time.
Request a Refund:
To request a refund, simply email us your order details, including the reason why you’re requesting a
refund. You could also reach out to the Customer Support team at https://help.practo.com/. We take
customer feedback very seriously and use it to constantly improve our quality of service.
How does it work? User places an order with Practo for the medicine with prescription (“Medicine/s”),
on the platforms owned by Practo, such as website, android application, iOS application (“Practo
Platform”). If Practo is unable to find the Medicine/s and the user is able to procure the same
Medicine/s elsewhere in the market instead, user shall be entitled to a reward in terms of Practo
credits* subject to the terms and conditions set out herein.
2. Offer is not available on repeat order for the same Medicine/s, especially after Practo having
communicated the unavailability of the same.
3. User should have tried ordering the Medicines on Practo Platforms and Practo should have
explicitly communicated to the user their inability to source the Medicine/s.
4. Offer is strictly applicable to users whose delivery address is in JP Nagar, Bengaluru with the
following pin codes only: 560078, 560108.
5. Offer is applicable only if the Medicine/s is legally available for sale in the market.
6. Offer will not be available where Practo has communicated to the user that Practo is able to
source the Medicine/s, but in a time frame greater than 24 hours.
7. The user should be able to show proof that the medicine that was not available on Practo instead
was available in the market, by producing valid invoice for the Medicine/s purchased, after the date
of Practo mentioning that the Medicine/s were not available on their platform, from the source the
user purchased the Medicine/s.
8. In the event that Practo is unable to source the Medicines for the user, the amount compensated
to user by Practo will ONLY be in terms of Practo credits, that the user can utilize to order other
medicines/medicinal products on Practo. The number of Practo credits, added to the user’s account
will be equivalent to the lesser of either: (i) complete value of the Medicines that the user ordered on
Practo or (ii) value equivalent to the prescribed quantity of the Medicine on the prescription or a
month’s worth of the Medicine (whichever is lower).
Please note, in the event of any conflict, Practo shall be the sole judge in awarding the refund in
terms of Practo credit points to a user. Practo shall at its sole discretion decide whether or not to
award the credit points to a user, if the user has misused the Offer or has not followed the terms and
conditions of the Offer set out herein or has misused the Offer.
1. Information shall be collected from you shall include but does not limit
to:
a. Your Name,
b. Your date of birth,
c. Your prescription (if applicable),
d. Your test details,
e. Your gender,
f. Name of the doctor who prescribed the tests (if applicable),
g. Your email id,
h. Your address,
i. Your phone number,
j. Your financial information and such other details as may be required from
time to time.
2. Other Terms:
a. You agree to provide the details sought above, for the purposes
mentioned herein. We will have access not just to your details but to your reports
and health records as well.
b. You understand and agree that your personal information, health records,
shall reside with us and shall be used for R&D purposes or shared with third parties,
to bring better user experience, by sometimes prompting you to take tests regularly
if there is a lifestyle disease/ such other concern highlighted at the time of booking
or otherwise.
c. You understand that, Practo undertakes risk assessment, but this is
provided to the best of our knowledge. They are based on reports provided by labs
and scientific studies available in public domains (some of which are listed below).
This is not meant to be professional advice and you should always consult a
physician before making any medical decisions.
d. You understand that, we may sometimes reach out to you or record all
your calls with us and/or placed through us to laboratories and/or logistics partner,
for investigative purposes.
5. Refund Policy/Cancellation:
a. In case there is a no show from the laboratories and/or logistics partner,
at your home, then we would indicate the same before hand, should we fail to do so,
you could contact us at: support@practo.com
b. If there are instances where you have made payments online and the
laboratories and/or logistics partner, are unable to book appointment/collect samples
from you, we would refund your money completely within ten (10) working days.
c. If there is a no show from you either at your home for collection of
samples or at the laboratories and/or logistics partners , then we would not
reimburse the amount paid to us unless upon further investigation by Practo there is
a genuine reason for such no show, in which case Practo may at its discretion decide
to reimburse such amount.