Terms & Conditions

(“DR PRADEEP”) is the first owner, publisher and operator of the web and mobile application ‘HEALTHABHI’ (together, “Application”) more particularly described in Schedule -1 Annexed hereto.

1. NATURE AND APPLICABILITY OF TERMS

Kindly carefully go through these terms and conditions (“Terms”) and the privacy policy available at healthabhi.com (“Privacy Policy”) before you decide to access the Application or avail the services made available on the Application by HealthAbhi.com These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Healthabhi in connection with your use of the Application and your use of the Services (as defined below).

TO WHOM DOES THIS CONTRACT APPLY :-

The contents of this Agreement shall apply to :- A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Application, including designated, authorised associates of such practitioners or institutions (“Practitioner(s)”/ “or” / “Practitioner”) This Agreement applies to those services made available by Dr PRADEEP on the Application, which are offered at a charge to use per month / per use (subject to change) to the Practitioner (“Services”), including but not limited to the following:

SERVICES PROPOSED

  1. For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Practitioners, members of the public and visitors to the Application and patients; (“ End –Practitioners”)
  2. Allow patients to take doctors appointment
  3. Allow doctor to manage their own calendar
  4. Doctors to manage refer patient to a healthcare centre ( including hospital or paramedical center)
  5. provides news and updates from different sources useful to the doctor
  6. Connect doctor to patient and vice versa.

The Services may change OR be altered from time to time, as and when the situation demands and at the sole discretion of Healthabhi, and the Agreement will apply to your visit to and your use of the Application to avail the Service, as well as to all information provided by you on the Application at any given point in time. Healthabhi serves as a medium to enable medical availability and the Heslthabhi should in no manner whatsoever be construed as a tool for diagnosis, prognosis of any disease/ disorder/ defect. The Application is neither a tool for prescribing medications nor serves as a prescription. This Agreement characterizes and demarcates the terms and conditions under which you are allowed to use the Application 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 healthabhi247@gmail.com.

2. APPLICABILITY AND USAGE

(A) By downloading or accessing the Application to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your acceptance to the terms and conditions of this Agreement.

(B) We reserve the right amend to modify or terminate any portion of the Agreement for any reason and at any time, and such amendments and modifications shall be informed to you in writing/ email and shall supersede and replace all previous versions of the same You should read the Agreement at regular intervals. Your use of the Application following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Application or to particular Service are also considered as part of the Agreement.

(C) 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 Application or avail any Services. Your access to use of the Application and the Services will be solely at the discretion of healthabhi.

(D) The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to: i. the Indian Contract Act, 1872, ii. the (Indian) Information Technology Act, 2000, and iii. the rules, regulations, guidelines and clarifications framed there under.

3. STIPULATIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Application in any manner. By registering, visiting and using the Application or accepting this Agreement, you represent and warrant to Healthabhi that you are 18 years of age or older, and that you have the right, authority and capacity to use the Application and the Services available through the Application, and agree to and abide by this Agreement.

3.TERMS OF USE FOR PRACTITIONER

[I] General Applicability

  1. The content on the pages of the Application is for general information only. It is subject to change without use. Neither Healthabhi nor any Third Party provides any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information offered on this Application for any particular purpose.
  2. You acknowledge that such information and materials may contain inaccuracies or errors and Dr PRADEEP expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
  3. Your use of any information or materials on this Application is entirely at your own risk, for which Dr PRADEEP shall not be liable. It shall be your own responsibility to ensure that any information dispensed on the application, products or information available through this application meet your specific requirements.
  4. From time to time this application may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). Dr PRADEEP has no responsibility for the content of the linked website/s.
  5. You may not create a link to this Application from another website or document without Dr PRADEEP 's prior written consent.
  6. All information, content and material, including the software, text, images, graphics, video and audio services are copyrighted property of Dr PRADEEP. All trademarks, services marks, trade names, and trade dress are proprietary to Dr PRADEEP. You understand that " healthabhi is a trademark under registration owned by Dr.pradeep choudhary . This trademark may not be used in any manner without prior written consent of dr pradeep. No information, content or material from the services may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from healthabhi and nothing shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to DR.PRADEEP, to the Practitioner. DR.PRADEEP retains full and complete title to the information, content or materials and all intellectual property rights therein.
  7. Healthabhi or any of its subsidiaries or content partners shall have no responsibility for any loss or damage caused due to electronic and / or software, including loss of data or effect on the processing speed of the electronic, which result from the use of our services
  8. You may not decompile, reverse engineer, or disassemble the contents of the website and or the Application. You will not
    1. use the service for commercial purposes towards your benefit of any kind, or
    2. advertise or sell services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or use the service in any manner that is unlawful, or harms the patient or any other person or entity as determined by healthabhi.
  9. The Application and content provided by healthabhi is compatible with Android version 5.1 jelly bean (API level 16) and above of the Android operating system and all the current iOS versions. healthabhi shall hold no responsibility nor be liable and neither will have any obligation if on any other devices than mentioned in this clause.
  10. In the event of breach of the terms and conditions of these Terms of Use by the Practitioner shall be promptly liable to indemnify Dr Pradeep for all the costs, losses and damages caused to Dr Pradeep as a result of such a breach.
  11. In the event of your breach of these Terms of Use, you agree that “DR PRADEEP” will be irreparably harmed and will not have an adequate remedy in money or damages. “DR PRADEEP” therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction immediately upon request. “DR PRADEEP”’s right to obtain such relief shall not limit its right to obtain other remedies.
  12. From time to time this Application may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  13. “DR PRADEEP” holds no responsibility and shall not be liable in case of the Practitioner, buying, consuming, selling or using any of the products advertised on the Application from links to other websites. In fact the Practitioner does so, at his own risk. “DR PRADEEP” recommends that before consuming, buying or selling any such products as mentioned in this clause, it is the duty of the Practitioner to consult his/her medical practitioner prior to such buying, consumption sale and usage.
  14. There may be links to other websites not operated by “DR PRADEEP”. However, it does not mean “DR PRADEEP” is endorsing the content of those other party websites or their products/services. “DR PRADEEP” is not responsible for content not generated by the company or the content included in websites operated by third parties

[II] ACCOUNT AND DATA PRIVACY

  1. The terms “personal information” and “sensitive personal data or information” are reproduced in the Privacy Policy.
  2. DR PRADEEP may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The information may be used only for improving the quality of “ DR PRADEEP”E’s services and to build new services.
  3. The Application allows “ DR PRADEEP” to have access to registered Practitioners’ personal email or phone number, for communication purpose so as to provide you a better way of security, providing notifications, for obtaining feedback in relation to the services provided by “ DR PRADEEP” on the application.

    The Privacy Policy sets out:-

    1. The type of information collected from Practitioners, including sensitive personal data or information;
    2. The purpose, means and modes of usage of such information; iii. How and to whom “ DR PRADEEP” will disclose such information; and, The Practitioner is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of: vii. the fact that certain information is being collected;
    3. the purpose for which the information is being collected;
    4. the intended recipients of the information;
    5. the nature of collection and retention of the information;
    6. the various rights available to such Practitioners in respect of such information.
    7. the various rights available to such Practitioners in respect of such information.
  4. “ DR PRADEEP” shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Practitioner to “ DR PRADEEP” or to any other person acting on behalf of “ DR PRADEEP”E.
  5. The Practitioner is responsible for maintaining the confidentiality of the Practitioner’s account access information and password, if the Practitioner is registered on the Application. The Practitioner shall be responsible for all usage of the Practitioner’s account and password, whether or not authorized by the Practitioner. The Practitioner shall immediately notify “ DR PRADEEP” of any actual or suspected unauthorized use of the Practitioner’s account or password. Although “ DR PRADEEP” will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of “ DR PRADEEP” or others due to such unauthorized use.
  6. If a Practitioner provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or “ DR PRADEEP” has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, “ DR PRADEEP” has the right to discontinue the Services to the Practitioner at its sole discretion. “ DR PRADEEP” may use such information collected from the Practitioners from time to time for the purposes of debugging customer support related issues Accounts created by the Practitioner on the application, shall only be created once, Practitioner accepts the term and conditions of this agreement. Information is provided on an as-is basis and “ DR PRADEEP” does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner / Para Medic in case you wish to point out any discrepancies or add, delete, or modify the information in any manner.
  7. While “ DR PRADEEP” strives to maintain the highest levels of service availability, “ DR PRADEEP” is not liable for any interruption that may be caused to your access of the Services
  8. The ‘Notifications” provided by the “ DR PRADEEP” is only a supplementary way of reminding you of the latest updates on the Application or renewed news feeds that maybe updated. “ DR PRADEEP” is not liable if for any reason Notifications 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 Notifications, you can send an email to 123@abc.com
  9. It is your responsibility to keep your correct mobile number and email ID updated in your Practitioner Account. The notifications/ updates will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. “ DR PRADEEP” is not responsible for any loss or inconvenience caused due to your non-updation of your contact details for the Practitioner Account
  10. “DR PRADEEP” uses industry–level security and encryption to your Practitioner Account. However, “ DR PRADEEP” does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to healthabhi.com
  11. If you access your dependents’ account through your Practitioner Account by registering your dependents with your own Practitioner Account, you are deemed to be responsible for the records of your dependents and all obligations that your dependants would have had had they maintained their own separate individual Practitioner Accounts.

Return of Practitioner’s Data:

  1. Upon request by a Practitioner made within 30 (thirty) days after the effective date of termination of a Subscription Services subscription due to non­payment, or any other reason whatsoever which “DR PRADEEP” finds is detrimental to its image, “ DR PRADEEP” will make available to the Practitioner for download a copy of such Practitioner’s data in pdf format or any other format as determined by “ DR PRADEEP”E. After such 30 (thirty) days period, “ DR PRADEEP” shall have no obligation to maintain or provide any of such Practitioner’s data and shall thereafter, unless legally prohibited, delete all Practitioner’s data in its systems or otherwise in its possession or under its control. In cases where Practitioner terminates the subscription voluntarily, it will be the sole responsibility of the Practitioner to make a copy of their data before terminating the subscription ­ Practitioners data will not be available after termination of subscription in such cases.
  2. “DR PRADEEP” shall have no obligation/ no responsibility towards the Practitioner for and in respect of the speed of internet, Wifi Facility as and when available, use of 3G, 4G services towards use of the application by the Practitioner. Any loss of data, communication etc on account of default in internet services as highlighted above shall be the sole responsibility of the service provider and “ DR PRADEEP” does not share any responsibility for the same.
  3. “ DR PRADEEP” holds no responsibility on charges levied by the service provider in respect of internet data use and charges incurred by the Practitioner for the use of the application through the internet. The same shall be the responsibility of the service provider and “ DR PRADEEP” shall not be responsible for any grievance relating to the service as provided by the service provider. Misappropriation/ Nicking of Practitioner Services: You agree to notify “DR PRADEEP” immediately, in writing or by mail to healthabhi247@gmail.com , if your content is stolen or if you become aware at any time that your account with any Service is being misused or being used fraudulently. When you call or write, you must provide your account details and a detailed description of the circumstances of the theft or fraudulent use of the Services. Failure to do so promptly or within a reasonably prompt time period, Fifteen (15) days after discovery of the improper use may result in the termination of your Subscription Services and additional charges to you. You will be liable for all use of the Subscription Services if your account is misused and also for any and all stolen Subscription Services or fraudulent use of the Service. Notwithstanding anything herein to the contrary, “ DR PRADEEP” shall not be liable to extend the subscription period or waive­off any fees if any, on account of such theft or fraudulent use. This includes, but is not limited to, modem hijacking, wireless hijacking, or other fraud arising out of a failure of your internal or corporate security procedures. “ DR PRADEEP” will not issue refunds for fraudulent use resulting from your negligent or willful acts or those of an authorized Practitioner of your Subscription Services.

[II] REGISTERING POLICY

  1. Dr PRADEEP , directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice, and publishes these details on the Application. On a Practitioner’s request, Dr PRADEEP may take down any part of such Practitioner’s profile on the Application, provided, however, that Dr PRADEEP shall at no time be under any obligation to take down publicly available information about a Practitioner, his/her profile, contact details and/or practice. All information regarding the Practitioners’ profiles, contact details, and practice is collected for the purpose of facilitating interaction between and among End-Practitioners, members of the public and Practitioners. If any information displayed on the Application in connection with you and your profile is found to be incorrect, you are required to inform Dr PRADEEP immediately to enable Dr PRADEEP to make the necessary amendments.
  2. Dr PRADEEP shall not be liable and responsible for the listing of the Practitioners on external websites and search engines on account of listing on this Application
  3. Dr PRADEEP shall not be responsible or liable in any manner to the Practitioners for any losses, damage, injuries or expenses incurred by the Practitioners as a result of any disclosures or publications made by Dr PRADEEP, where the Practitioner has expressly or implicitly consented to the making of disclosures or publications by Dr PRADEEP. If the Practitioner had revoked such consent under the terms of the Privacy Policy, then Dr PRADEEP - shall not be responsible or liable in any manner to the Practitioner for any losses, damage, injuries or expenses incurred by the Practitioner as a result of any disclosures made by Dr PRADEEP prior to its actual receipt of such revocation.
  4. Dr PRADEEP shall not be responsible or liable in any manner to the Practitioners for any losses, damage, injuries or expenses incurred by the Practitioners as a result of any disclosures or publications made by Dr PRADEEP where the Practitioner has expressly or implicitly consented to the making of disclosures or publications by Dr PRADEEP .If the Practitioner had revoked such consent under the terms of the Privacy Policy, then Dr PRADEEP shall not be responsible or liable in any manner to the Practitioner for any losses, damage, injuries or expenses incurred by the Practitioner as a result of any disclosures made by Dr PRADEEP prior to its actual receipt of such revocation.
  5. Dr PRADEEP reserves the right to publish the Practitioner information to a third party, subject to prior explicit informed consent from the Practitioner.
  6. You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Dr PRADEEP accepts no liability for the same.
  7. Theft of Subscription Services You agree to notify Dr PRADEEP immediately, in writing or by mail to 123@abc.com , if your content is stolen or if you become aware at any time that your account with any Subscription Service is being misused or being used fraudulently. When you call or write, you must provide your account details and a detailed description of the circumstances of the theft or fraudulent use of the Subscription Services. Failure to do so promptly or within a reasonably prompt time period after discovery of the improper use may result in the termination of your Subscription Services and additional charges to you. You will be liable for all use of the Subscription Services if your account is misused and also for any and all stolen Subscription Services or fraudulent use of the Service. Notwithstanding anything herein to the contrary, Dr PRADEEP shall not be liable to extend the subscription period or waive­off any fees on account of such theft or fraudulent use. This includes, but is not limited to, modem hijacking, wireless hijacking, or other fraud arising out of a failure of your internal or corporate security procedures. Dr PRADEEP will not issue refunds for fraudulent use resulting from your negligent or wilful acts or those of an authorized Practitioner of your Subscription Services.

[III] FACILITATING AND INTEREACTION POLICY

While Dr PRADEEP will try to ensure, interaction with Practitioner, on Application, Dr PRADEEP does not guarantee that a doctor / clinic / healthcare provider will get a confirmed appointment or interaction. Further, Dr PRADEEP has no liability if such interaction between is confirmed but later cancelled by end-Practitioner, or the end-Practitioner are not available as per the given appointment time or appointment is cancelled.

4. PROFILE OWNERSHIP AND EDITING RIGHTS

Dr PRADEEP ensures easy access to the Practitioners by providing a tool to update your profile information. Dr PRADEEP reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Dr PRADEEP 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 Dr PRADEEP 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, Dr PRADEEP may modify or delete parts of your profile information at its sole discretion with or without notice to you.

5. DISPLAY RIGHTS OF DR PRADEEP

  1. All Content is content created by the Practitioners of Dr PRADEEP (“Application”) and the clients of Dr PRADEEP customers and Practitioners, including the End-Practitioners. As a platform, Dr PRADEEP does not take responsibility for Content and its role with respect to Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. . Dr PRADEEP Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
  2. Dr PRADEEP reserves the right to collect feedback and Content for all the Practitioners, Clinics and Healthcare Providers listed on the Application.
  3. Dr PRADEEP shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service, except as required by applicable law.
  4. You understand that by using the Services you may be exposed to Content or other content that you may find offensive or objectionable. Dr PRADEEP shall not be liable for any effect on Practitioner’s business due to Content of a negative nature. In these respects, you may use the Service at your own risk. Dr PRADEEP however, as an ‘intermediary’, takes steps as required to comply with applicable law as regards the publication of Content.
  5. Dr PRADEEP will take down information under standards inconsistent with applicable law, and shall in no circumstances be liable or responsible for Content, which has been created by the Practitioners. The principles set out in relation to third party content in the terms of Service for the Application shall be applicable mutatis mutandis in relation to Content posted on the Application.
  6. If Dr PRADEEP determines that you have provided inaccurate information or enabled fraudulent feedback, Dr PRADEEP reserves the right to immediately suspend any of your accounts with Dr PRADEEP and makes such declaration on the Application alongside your name/your clinics/ Hospital name as determined by Dr PRADEEP for the protection of its business and in the interests of Practitioners. You shall be liable to indemnify Dr PRADEEP for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Dr PRADEEP or its Practitioners. Dr PRADEEP is not liable to refund any amount that may have been paid by you to Dr PRADEEP for the services used by you.
  7. Dr PRADEEP shall have no obligation/ no responsibility towards the medical practitioner/ health service provider or institution for and in respect of the speed of internet, Wifi Facility as and when available, use of 3G, 4G services towards use of the application by the medical practitioner/ health service provider or institution. Any loss of data, communication etc on account of default in internet services as highlighted above in this Clause shall be the sole responsibility of the service provider and Dr PRADEEP does not share any responsibility for the same.
  8. Dr PRADEEP holds no responsibility on charges levied by the service provider in respect of internet data use and charges incurred by the medical practitioner/ health service provider or institution for the use of the application through the internet. The same shall be the responsibility of the service provider and Dr PRADEEP shall not be responsible for any grievance relating to the service as provided by the service provider.

6. GRADING

Dr PRADEEP has designed the Grading in the best interest of the End- Practitioner and may adjust the ranking from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary grading algorithm which cannot be altered for specific Practitioners. Dr PRADEEP shall not be liable for any effect on the Practitioner’s business interests due to the rank of the doctor in the Ranking Algorithm

7. INDEPENDENT SERVICES

Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Dr PRADEEP.

8. SOUND OUTS

  1. The Practitioner hereby grants consent to ‘DR PRADEEP’ to transfer the health related queries posted by the Practitioner to Practitioners for the provision of the services under ‘DR PRADEEP’ and agrees that any such information provided by the Practitioner will be subject to our Privacy Policy.
  2. The Application is intended for general purposes only and is not meant to be used in emergencies. The Application only serves as a medium for the purpose of creating health awareness amongst the masses with regards to disorders, diseases, and or conditions.
  3. The Practitioner understands and agrees that any interactions and associated issues with the Practitioner and or support groups on the Application including but not limited to the Practitioner’s health issues and the Practitioner’s experiences is strictly between the Practitioner and the Medical Practitioner and or support group. The Practitioner shall not hold ‘DR PRADEEP’ responsible for any such interactions and associated issues. ‘DR PRADEEP’ is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between the Practitioner and the Practitioner, the Practitioner interacts with.

9. Re-evaluation and Comments/ Opinions.

By using this Application, you agree that any information shared by you with ‘DR PRADEEP’ or will be subject to our Privacy Policy. You are solely responsible for the content that you choose to submit for publication on the Application, including any feedback, ratings, or reviews (“Review Content”) relating to Practitioners or other healthcare professionals. The role of ‘DR PRADEEP’ in publishing Review Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. ‘DR PRADEEP’ disclaims all responsibility with respect to the content of Review Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. ‘DR PRADEEP’ shall not be liable to pay any consideration to any Practitioner for re-publishing any content across any of its platforms. Your publication of reviews and feedback on the Application is governed by the relevant Clauses above of these Terms and conditions. Without prejudice to the detailed terms stated in the relevant clauses above, you hereby agree not to post or publish any content on the Application that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation. ‘DR PRADEEP’ at its sole discretion may choose not to publish your reviews and feedback, if so required by applicable law. You agree that ‘DR PRADEEP’ may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

  1. Obtaining feedback in relation to Application or services; and/or
  2. Obtaining feedback in relation to any Practitioners and or support groups listed on the Application; and/or
  3. Resolving any complaints, information, or queries by Practitioners regarding your Review Content; and you agree to provide your fullest co-operation further to such communication by ‘DR PRADEEP’

    4. ‘DR PRADEEP’’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.

10. Autonomous Facilities

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 ‘DR PRADEEP’

11. Advertising, Promotion and Publicity Rights

(A) ‘DR PRADEEP’ reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, ‘DR PRADEEP’ will not be liable for the accuracy of information or the claims made in the Sponsored Listings. ‘DR PRADEEP’ does not encourage the Practitioners to visit the Sponsored Listings page or to avail any services from them. ‘DR PRADEEP’ will not be liable for the services of the providers of the Sponsored Listings.

(B) 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 ‘DR PRADEEP’ accepts no liability for the same.

12. RESERVED RIGHTS

Dr PRADEEP reserves the rights to display sponsored content on the Application. These contents would be marked as “Sponsored Listings”. Without prejudice to the status of other content, Dr PRADEEP will not be liable for the accuracy of information or the claims made in the Sponsored Listings. Dr PRADEEP does not encourage the Practitioners to visit the Sponsored Listings page or to avail any services from them. Dr PRADEEP will not be liable for the services of the providers of the Sponsored Listings. 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 Dr PRADEEP accepts no liability for the same.

13. TERMS OF CONSULTATION AND FEE PAYMENT

[A] Dr PRADEEP enables Practitioners to connect with the Patients by responding to the health related queries posted by them on their Health Accounts using the special software application provided to Practitioners by Dr PRADEEP

[B] The Patient may post queries on their Health Accounts which will be only sent to the Practitioner that the Practitioner has chosen.

[C] Practitioner agrees that, when providing any written response to a Patient’s query that constitutes a performance of his/her services, the Practitioner shall not post language that may be considered abusive, objectionable or demeaning to the Patient or in general.

[D] In the event, the Practitioner indicates as part of his response the pre-consultation fee payable for the advice solicited through the private query the same shall be discussed by the Practitioner and the Practitioiner and Dr PRADEEP shall not be held responsible or liable for such charge.

[E] Dr PRADEEP reserves the right to revise the fee terms at any time at their discretion. The Practitioner’s continued use of the services and Doctor App shall constitute his/her consent to such revision.

[F] Practitioner hereby agrees that it shall use the Doctor App for the purpose specified in these Terms of Use and shall not use the Doctor App for any unauthorized and unlawful purpose, including impersonating another person.

[G] Practitioner hereby represents and warrants that he/she

  1. is qualified to provide medical services within the territory of India;
  2. has obtained all licenses as required by law to provide medical services and has not committed any act or omission that might prejudice its continuance or renewal; and
  3. has provided Dr PRADEEP true, accurate, complete and up to date details about their qualification and credentials.

[H] Practitioner agrees that he/she shall at all times abide by the applicable medical regulations including the code of professional ethics as prescribed under applicable laws.

[I] Practitioners shall promptly renew their licenses required to provide medical services and notify Dr PRADEEP about the same

[J] Dr PRADEEP reserves the right to terminate any account of the Practitioner in case:

  1. the Practitioner breaches any terms and conditions of this terms of use or privacy policy or applicable laws;
  2. Dr PRADEEP is unable to verify or authenticate any information provided to it by a Practitioner; or
  3. Dr PRADEEP in its sole and absolute discretion believes that actions of the Practitioner may cause legal liability for Dr PRADEEP or other Practitioners and / or may adversely affect the services rendered by Dr PRADEEP

[K] Practitioner hereby agrees that, for any Patient that contacts the Practitioner using Dr PRADEEP, only he/she shall be allowed to perform the services for the Patient and that the Practitioner may under no circumstances be permitted to transfer the performance of Pracitioner's Services to any other person, whether under their supervision or not. The Practitioner accepts all responsibility and liability for the use of Dr PRADEEP, including the performance of its services, by any other party claiming to be the Practitioner and hereby agrees to indemnify Dr PRADEEP against any claim or loss that may be faced by Dr PRADEEP consequent to such use.

[L] Practitioner hereby agrees to hold in strictest confidence all information provided by a Patient to him/her under all circumstances. Practitioner agrees that he/she shall not disclose any information or documentation provided by a Patient to any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person. Any confidential information of patient which is disclosed by the Practitioner, without consent of Practitioner shall be responsibility of Practitioner and Dr PRADEEP shall in no manner be responsible or liable for the same.

[M] Practitioner agrees to render his/her services and fulfil their obligations towards their patients using their best efforts, skill and ability.

[N] Practitioner agrees and understands that some or all of his/her information may be made available to the general public through Dr PRADEEP and that he/she has no objection to the same.

[O] Practitioner hereby agrees to assign to Dr PRADEEP in perpetuity all intellectual property rights residing in the responses provided by him/her for use by Dr PRADEEP worldwide.

[P] Any communication sent by or through Dr PRADEEP to the Practitioner is based solely on information uploaded by the Patient. Dr PRADEEP shall 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.

[Q] Practitioner shall be liable to indemnify and hold Dr PRADEEP harmless from and against all actions, claims, damages, losses and expenses, including court costs and reasonable attorneys’ fees, arising out of or resulting from any breach, default, contravention, non- observance, non-performance, improper performance of any of its obligations or the terms, conditions, covenants and provisions contained in this Terms of Use.

[R] Dr PRADEEP shall not be held responsible for any act, including but not limited to, loss of data, unavailability or service and/ or Practitioner discomfort which might follow on account of maintenance of Application, upgradation of the Application, viruses and hacking attacks or any act which might occur by Force Majeure.

14. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

[A] As mandated by extant laws, rules, regulations In India, hereby informs Practitioners that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

  1. belongs to another person and to which the Practitioner does not have any right to;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  3. harm minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonate another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

[B] Practitioners are also prohibited from:

  1. violating or attempting to violate the integrity or security of the Application or any Dr PRADEEP Content;
  2. transmitting any information (including job posts, messages and hyperlinks) on or through the Application that is disruptive or competitive to the provision of Services by Dr PRADEEP;
  3. intentionally submitting on the Application any incomplete, false or inaccurate information;
  4. making any unsolicited communications to other practitioners;
  5. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;
  6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Application;
  7. copying or duplicating in any manner any of the Content or other information available from the Application;
  8. framing or hot linking or deep linking any Content.
  9. Sending any communication that can be classified as ‘spam’ defined as under, including but not limited to:
    1. Irrelevant or unsolicited messages sent over the Internet, typically to large numbers of Practitioners, for the purposes of advertising, phishing, spreading malware, etc.
    2. Unwanted or intrusive advertising on the Application:
    3. send the same or similar message indiscriminately
    4. any content that is reported as spam by it’s receiver

[C] Dr PRADEEP, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Patients, or on being notified by the appropriate Government or its agency that the Application is being used by the Practitioner to commit any unlawful act and/or is being used in violation Dr PRADEEP above, shall be entitled to remove or disable access to the material or information that is in contravention of this Paragraph. Dr PRADEEP is entitled to act, as required by the IG Rules, within thirty six hours of obtaining such knowledge and, where applicable, work with Patients to disable such information that is in contravention of applicable law. Dr PRADEEP shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes. Further, Dr PRADEEP, at it’s own discretion, upon it’s own knowledge or intimated by a third party may block / disable, prevent usage of certain services provided under the application mentioned in this agreement.

[D] In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a Practitioner, Dr PRADEEP has the right to immediately terminate the access or usage rights of the Practitioner to the Application and Services and to remove non-compliant information from the Application.

[E] Dr PRADEEP may disclose or transfer Practitioner-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. Dr PRADEEP will comply with any duly-issued government or court directions to disable access to the Patient-generated information, should it be found to be illegal by a competent governmental authority.Dr PRADEEP may use the content as and when required for debugging or rectifying the application or resolve any issues.

[ F] Return of Practitioner’s Data: Upon request by a Practitioner made within 30 (thirty) days after the effective date of termination of a Subscription Services subscription due to non­payment, Dr PRADEEP will make available to the Practitioner for download a copy of such Practitioner’s data in pdf format or any other format as determined by Dr PRADEEP. After such 30 (thirty) days period, Dr PRADEEP shall have no obligation to maintain or provide any of such Practitioner’s data and shall thereafter, unless legally prohibited, delete all Practitioner’s data in its systems or otherwise in its possession or under its control. In cases where Practitioner terminates the subscription voluntarily, it will be the sole responsibility of the Practitioner to make a copy of their data before terminating the subscription ­ Practitioners data will not be available after termination of subscription in such cases.

15. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

(A) The contents listed on the Application belong to “Dr PRADEEP”. The information that is collected by “Dr PRADEEP” directly or indirectly from Medical Practitioners / Para medics and shall belong to “Dr PRADEEP”. Copying of the copyrighted content published by “Dr PRADEEP” on the Application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and “Dr PRADEEP” reserves its rights under applicable law accordingly.

(B) “Dr PRADEEP” authorizes the Practitioner to view and access the content available on or from the Application solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Application, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Application, are the property of “Dr PRADEEP” and are protected under copyright, trademark and other laws. Practitioner shall not modify “Dr PRADEEP” content or reproduce, display, publicly perform, distribute, or otherwise use the “Dr PRADEEP” content in any way for any public or commercial purpose or for personal gain.

(C) Practitioner shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

16. TERMINATION

[A] Dr PRADEEP reserves the right to suspend or terminate a Practitioner’s access to the Application and the Services with or without notice and to exercise any other remedy available under law, in cases where,

  1. Such Practitioner breaches any terms and conditions of the Agreement;
  2. A third party reports violation of any of its right as a result of your use of the Services
  3. Dr PRADEEP is unable to verify or authenticate any information provided to Dr PRADEEP by a Practitioner;
  4. Dr PRADEEP has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such Practitioner; or
  5. Dr PRADEEP believes in its sole discretion that Practitioner’s actions may cause legal liability for such Practitioner, other Practitioners or for Dr PRADEEP or are contrary to the interests of the Application.

[B] Once temporarily suspended, indefinitely suspended or terminated, the Practitioner may not continue to use the Application 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 Practitioner shall no longer have access to data, messages, files and other material kept on the Application by such Practitioner. The Practitioner shall ensure that he/she/it has continuous backup of any medical services the Practitioner has rendered in order to comply with the Practitioner’s record keeping process and practices.

[C ] Upon termination all obligation of and upon the Practitioner mentioned in this agreement will continue and survive termination.

12. LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall Dr PRADEEP, 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 Application or the content, materials and functions related thereto, the Services, Practitioner’s provision of information via the Application, lost business or lost End-Practitioners, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

  1. provision of or failure to provide all or any service by Practitioners to End- Practitioners contacted or managed through the Application;
  2. any content posted, transmitted, exchanged or received by or on behalf of any Patients or other person on or through the Application;
  3. any other matter relating to the Application or the Service.

In no event shall the total aggregate liability of the Protected Entities to a Practitioner 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 Practitioner’s use of the Application or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

13. INDEMNITY

Practitioner agrees to indemnify and hold harmless Dr PRADEEP, its , officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from Practitioner’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other Practitioner of his/her/its account, of any intellectual property or other right of any person or entity. Dr PRADEEP 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.

14. APPLICABLE LAW AND DISPUTE SETTLEMENT

[A] You agree that this Agreement and any contractual obligation between Dr PRADEEP and Practitioner will be governed by the laws of India.

[B] Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Application or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Dr PRADEEP. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

[C ] Subject to the above Paragraph the courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Application or the Services or the information to which it gives access.

15. CONTACT INFORMATION REDRESSAL OFFICER

[A] If a Practitioner has any questions concerning Dr PRADEEP, the Application, this Agreement, the Services, or anything related to any of the foregoing, Dr PRADEEP customer support can be reached at the following email address healthabhi247@gmail.com or via the contact information available from the following link: www.healthabhi.com

[B] In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Application or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: Name: DR.PRADEEP CHOUDHARY Address: MY aarogya medical center , opp mig cricket club , bandra east . E-mail: health247@gmail.com

16. SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from 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.

17. WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Dr PRADEEP. Any consent by Dr PRADEEP to, or a waiver by Dr PRADEEP of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Annexure 1

FRAUD DETECTION POLICY AND PROCEDURE

The policy is applicable to all Users and is under the control of DR.PRADEEP CHOUDHARY).

  1. Why a Fraud Detection Policy? _________ fraud management policy sets out the responsibility of Practitioner and management in relation to reporting of fraud or suspected fraud during the use of the application as provided by ___. Reporting of fraud or any suspected fraud would be mandatory.
  2. Capacity of the Fraud Policy? This policy shall apply to any abnormality, wrongdoing, and or illegality involving Practitioner of the Application and or individuals having any legal relationship with HEALTHABHI. For the purpose of this policy, User shall mean as defined under the Terms and Conditions agreement.
  3. Defining Fraud? Fraud in common parlance shall be defined as an intentional act to deceive so as to obtain an unjust illegal advantage. For the purpose of this policy, fraud shall include but not limited to the following
    1. Theft of any assets of HEALTHABHI including intellectual property.
    2. Submitting false information to HEALTHABHI
    3. Submitting false payments to HEALTHABHI
    4. Blackmail
    5. Knowingly creating and distributing false reports or personal data of HEALTHABHI
    6. Deliberate negligence so as to cause harm to Healthabhi.
    7. Dishonorable or irresponsible acts so as to harm the reputation and cause damage to healthabhi
  4. Fraud Detection All Users shall have a duty to safeguard against fraud. Users are expected to identify procedures that maybe vulnerable to fraud or indicative of fraud and to draw the attention of the concerned personnel of healthabhi to such activities. Concerned personnel have a particular responsibility to be familiar with and alert to the types of fraud that might occur and to put in place effective controls to avoid such occurrences. Users shall provide ( as and when needed) support to and work with healthabhi’s internal divisions, other Divisions involved, and law enforcement agencies in the detection, reporting and investigation of dishonest or fraudulent activity, including the prosecution of offenders. Once fraud is detected, Healthabhi shall be responsible for taking appropriate corrective action to ensure adequate controls are put in place to prevent reoccurrence of improper activity.

DEALING WITH FRAUD

Reporting fraud or suspected fraud is mandatory: Practitioners who cover up, obstruct, or fail to report (or monitor) a fraud that they become aware of, or ought to have been aware of, may be considered to be an accessory after the fact and may be subject to termination of their accounts. Persons who threaten retaliation against a person reporting a suspected fraud shall be subject having his accounts with healthabhi terminated immediately. Great care must be taken in dealing with suspected dishonest or fraudulent activities to avoid:

a) Alerting suspected individuals to an investigation underway; and

b) Making statements that could lead to claims of false accusations or other charges. In particular, the matter should not be discussed with the individual suspected of fraud.

(I) Reporting of fraud shall follow the following guidelines:-

a) Any user suspecting fraudulent activity taking place shall report the matter immediately to DR.PRADEEP CHOUDHARY at healthabhi247@gmail.com

b) In certain cases it maybe more apposite to report the matter to the directors of HEALTHABHI itself at healthabhi247@gmail.com because of the seriousness and gravity of the issue concerned. Concerns can be reported verbally or in writing. Where a concern is raised verbally the following steps are to be taken by the User raising the concern to ensure that the concern raised is acknowledged by the recipient as received in the manner intended by the Practitioner. These steps are to ensure that the recipient is clear that what is intended as a concern about suspected fraud is not construed by the recipient as a passing or casual comment.

The Practitioner raising the concern shall send a written communication to the recipient. The written communication confirms:

  1. the fact that a concern about suspected fraud was raised (details of the suspected fraud need not be included, just the fact that a concern is raised);
  2. that a written acknowledgement from the recipient to the Practitioner is required. The recipient responds with a written communication acknowledging receipt of the concern.

a) Once a report of suspected fraud is made to the concerned person at healthabhi , that person is required to pass that information promptly to directors of healthabhi;

b) Director on receipt of a report of a suspected fraud are required, in turn, to take prompt and necessary action under law.

No investigation of a suspected fraud should take place until the Directors of healthabhi have been informed. The Directors, in turn, will determine the best method to proceed in order to rectify such fraud. All steps shall be taken as mandated under law. Directors will take lead as to the manner in which the fraud shall be investigated. This will involve data collection, analysis and intervention, including the review of internal controls. In circumstances where the investigation requires the use of technical expertise, external specialists to lead or to contribute to the investigation. They will report the findings, conclusions and any recommendations to the Directors of healthabhi and its directors have the right to take action as necessary and mandated under Indian law. In all cases confidentiality shall be maintained and natural justice adhered to.