Privacy Policy

TERMS & CONDITIONS

TheAce Digital Technologies Private Limited (“punyahealth.com”) is the author and publisher of the internet resource www.punyahealth.com and the mobile application ‘punyahealth.com’ (together, “Website”). punyahealth.com owns and operates the services provided through the Website.

NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.punyahealth.com/Home/privacyPolicy  (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by punyahealth.com. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and punyahealth.com in connection with your visit to the Website and your use of the Services (as defined below).

The Agreement applies to you whether you are –

A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be registered, or already registered, on the Website, including designated, authorised associates of such practitioners or institutions(“Practitioner(s)”, “you” or “User”); or

A patient, his/her representatives or affiliates, searching for Practitioners or registered through the Website (“End-User”, “you” or “User”); or

Otherwise a user of the Website (“you” or “User”).

This Agreement applies to those services made available by punyahealth.com on the Website to the Users (“Services”), including the following:

For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;

For other Users: Facility to (i) create and maintain ‘Personal Health Portal’, (ii) Search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by punyahealth.com, and (iii) to make appointments with Practitioners, (iv) to engage with the practitioners and share their data.

The Services may change from time to time, at the sole discretion of punyahealth.com, 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 punyahealth.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 punyahealth.com.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

  • the Indian Contract Act, 1872,
  • the (Indian) Information Technology Act, 2000, and
  • the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to punyahealth.com 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.

TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

The terms in this Clause 3 are applicable only to Users other than Practitioners.

PATIENT ACCOUNT AND DATA PRIVACY

The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.

punyahealth.com 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 punyahealth.com’s services and to build new services.

The Website allows punyahealth.com to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better service and for obtaining feedback in relation to the product.

The Privacy Policy sets out, inter-alia:
  • The type of information collected from Users, including sensitive personal data or information;
  • The purpose, means and modes of usage of such information;
  • How and to whom punyahealth.com will disclose such information; and,
  • Other information mandated by the SPI Rules.

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:

  • the fact that certain information is being collected;
  • the purpose for which the information is being collected;
  • the intended recipients of the information;
  • the nature of collection and retention of the information; and
  • the name and address of the agency that is collecting the information and the agency that will retain the information; and
  • the various rights available to such Users in respect of such information.

punyahealth.com 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 punyahealth.com or to any other person acting on behalf of punyahealth.com.

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 punyahealth.com of any actual or suspected unauthorized use of the User’s account or password. Although punyahealth.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of punyahealth.com or such other parties as the case may be, due to any unauthorized use of your account.

If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or punyahealth.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, punyahealth.com has the right to discontinue the Services to the User at its sole discretion.

punyahealth.com may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

Against every Practitioner listed on punyahealth.com, you may see a ‘show number’ or ‘make an appointment’ option. When you choose this option, you are required to login or register with punyahealth.com to make appointments or conduct any consultations as per the Practioner’s discretion. punyahealth.com accepts no liability if the facility is not used in accordance with the foregoing.

punyahealth.com may provide patients with a free facility known as ‘Personal Health Portal’ on the Website and its mobile application ‘punyahealth.com’. The specific terms relating to such account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

Your Personal Health Portal is only created after you have signed up and explicitly accepted these Terms.

Information available in your Health Account is of two types:

Patient-created: Information generated and uploaded by you.

Practice-created: Information generated by your interaction with a Practitioner who uses ‘punyahealth.com’ or other Services of software.

Any Practice created information is provided on an as-is basis and punyahealth.com does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the information in any manner.

The Personal Health Portal is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, punyahealth.com is not liable for any interruption that may be caused to your access of the Services.

The ‘SMS medication tracker’ or ‘push notifications on the app” provided by the Health Portal is only a supplementary way of reminding you to take your medication as prescribed by your doctor. You should refer to your prescription before taking any medicines. punyahealth.com is not liable if for any reason SMS 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 SMS medication Reminders, you can disable it in the settings under your Personal Health Portal otherwise, or log a support ticket in your Personal Health Portal.

It is your responsibility to keep your correct mobile number and email ID updated in the Health Portal. The records will be stored 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. punyahealth.com is not responsible for any loss or inconvenience caused due to your not updating your contact details for the Health Portal.

punyahealth.com uses industry–level security and encryption to your Health Portal. However, punyahealth.com cannot guarantee 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 counsellor@punyahealth.com.

In case you want to delete your Health account, you can do so by accessing ‘Profile’ from within your account. This will ensure that your account and any associated records will be deleted from the Health Account. This will however not delete your records stored by your doctor(s) and Practitioners.

LISTING CONTENT AND DISSEMINATING INFORMATION

punyahealth.com 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. punyahealth.com takes reasonable efforts to ensure that such information is updated at frequent intervals. Although punyahealth.com 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.

The Services provided by punyahealth.com 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). punyahealth.com does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. punyahealth.com 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, punyahealth.com 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 punyahealth.com or any User in relation to any User or services provided by such User.

The Website may be linked to the website of third parties, affiliates and business partners. punyahealth.com 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 punyahealth.com endorses the linked site. User may use the links and these services at User’s own risk.

punyahealth.com 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.

If punyahealth.com determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, punyahealth.com reserves the right to immediately suspend your access to the Website or any of your accounts with punyahealth.com and makes such declaration on the website alongside your name/your clinic’s name as determined by punyahealth.com for the protection of its business and in the interests of Users. You shall be liable to indemnify punyahealth.com for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected punyahealth.com or its Users.

APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS

punyahealth.com leave the confirmation of an appointment to the discretion of the Practioner or his/her office. While some Practioner’s might have punyahealth.com auto-confirm the appointments, few Practioner’s would like to confirm themselves. Further, punyahealth.com has no liability if such appointment is confirmed but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.

You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold punyahealth.com responsible for any such interactions and associated issues. For avoidance of doubt, punyahealth.com is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Website. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. punyahealth.com shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.

Payment and Cancellation Policy

For In-Person consultations, punyahealth.com only facilitates the appointment management between the Practioner’s office and the patient. The payment will be collected at the Doctor’s office.

For tele-Health consultations, punyahealth.com collects the consulting fees along with a convenience and all taxes payable after which the appointment will be confirmed. punyahealth.com shall not be liable for any refunds to the customer in the event the customer’s booked slot/ time for an appointment has been delayed or cancelled. However, punyahealth.com will work with the Patient to schedule another appointment with the same or an other Doctor.

Any grievances can always be communicated to the support team counsellor@punyahealth.com

Without prejudice to the generality of the above, punyahealth.com will not be liable for:

  • any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
  • any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties;
  • any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
  • cancellation or rescheduling of booked appointment or any variance in the fees charged;
  • any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.

Further, punyahealth.com shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at punyahealth.com’s sole discretion and may be modified or withdrawn at its sole discretion. punyahealth.com may moderate such feedback at any time. punyahealth.com shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Website.

Online Appointment Booking facility is governed by Terms of Service listed in schedule 3.

TELE-CONSULTATION SERVICES

punyahealth.com provides value added “Telehealth Services” which connects Users directly to the Practitioners and the information exchanged between the User and the Practitioners is recorded and stored and used in accordance with the Privacy Policy. However, it is at the discretion of the Practioner, to avail the Service. If a User has used the Telehealth service, punyahealth.com reserves the right to share the contact details of the User with the Practitioners contacted.

Without prejudice to the generality of the service, punyahealth.com has no role to play in determining the consultation fees of the Practioner’s. The consultation fees are determined at the discretion of the Practioner’s and punyahealth.com will charge the Doctors consultation fee along with a convenience fee and taxes payable at the time of appointment with the patient.

NOT FOR EMERGENCY USE

It is hereby expressly clarified that, the Information that you obtain or receive from punyahealth.com, 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.

The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.

punyahealth.com USERS PORTAL

punyahealth.com enables Users to stay connected with Practitioners by posting health related queries or posting their progress. punyahealth.com allows Practitioners to respond or monitor such queries securely using the portal provided to Practitioners by punyahealth.com.

punyahealth.com allows users to post queries only to their Practioner’s. If the user sees more than 1 Doctor, the User will have an option to post questions by Practioner. All of the queries will be private, which will be only sent to the Practitioner that the User is currently engaged with.

The User hereby grants consent to punyahealth.com to transfer the health related queries posted by the User to Practitioners for the provision of the services under punyahealth.com ENGAGE and agrees that any such information provided by the User will be subject to our Privacy Policy.

punyahealth.com ENGAGE is intended for general purposes only and is not meant to be used in emergencies. All the conditions prescribed in Clause 3.5 of this Terms of Use shall apply to the Users.

The User understands and agrees that any interactions and associated issues with the Practitioner on punyahealth.com ENGAGE including but not limited to the User’s health issues and the User’s experiences is strictly between the User and the Practitioner. The User shall not hold punyahealth.com responsible for any such interactions and associated issues. punyahealth.com is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between the User and the Practitioner, the User interacts with. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. punyahealth.com shall not be responsible for any breach of service or service deficiency by any doctor or health care provider.

CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

The contents listed on the Website are (i) User generated content, or (ii) belong to punyahealth.com. The information that is collected by punyahealth.com directly or indirectly from the End- Users and the Practitioners shall belong to punyahealth.com. Copying of the copyrighted content published by punyahealth.com on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and punyahealth.com reserves its rights under applicable law accordingly.

punyahealth.com 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, “punyahealth.com Content”), are the property of punyahealth.com and are protected under copyright, trademark and other laws. User shall not modify the punyahealth.com Content or reproduce, display, publicly perform, distribute, or otherwise use the punyahealth.com Content in any way for any public or commercial purpose or for personal gain.

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

TERMS OF USE PRACTITIONERS

The terms in this Clause 4 are applicable only to Practitioners

LISTING POLICY

punyahealth.com, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. punyahealth.com reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the Patients. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform punyahealth.com immediately to enable punyahealth.com to make the necessary amendments.

punyahealth.com shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines.

punyahealth.com shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by punyahealth.com, where the User has expressly or implicitly consented to the making of disclosures or publications by punyahealth.com. If the User had revoked such consent under the terms of the Privacy Policy, then punyahealth.com shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by punyahealth.com prior to its actual receipt of such revocation.

punyahealth.com reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, punyahealth.com shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.

Practitioners explicitly agree that punyahealth.com reserves the right to publish the Content provided by Practitioners to a third party including content platforms.

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 punyahealth.com accepts no liability for the same.

PROFILE OWNERSHIP AND EDITING RIGHTS

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

REVIEWS AND FEEDBACK DISPLAY RIGHTS OF punyahealth.com

All Critical Content is content created by the Users of www.punyahealth.com (“Website”) and the clients of punyahealth.com customers and Practitioners, including the End-Users. As a platform, punyahealth.com 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 punyahealth.com and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. punyahealth.com’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.

punyahealth.com reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.

punyahealth.com 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.

You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. punyahealth.com 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. punyahealth.com 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.

punyahealth.com 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.

If punyahealth.com determines that you have provided inaccurate information or enabled fraudulent feedback, punyahealth.com reserves the right to immediately suspend any of your accounts with punyahealth.com and makes such declaration on the website alongside your name/your clinics name as determined by punyahealth.com for the protection of its business and in the interests of Users.

RANKING ALGORITHM

punyahealth.com doesn’t rank practioners, but provides various search criteria in the best interest of the Patient and may adjust the search results 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. punyahealth.com shall not be liable for any effect on the Practitioner’s business interests due to the rank of the doctor in the search results.

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 punyahealth.com.

punyahealth.com REACH RIGHTS

punyahealth.com 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, punyahealth.com will not be liable for the accuracy of information or the claims made in the Sponsored Listings. punyahealth.com does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. punyahealth.com 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 punyahealth.com accepts no liability for the same.

punyahealth.com ENGAGE

punyahealth.com ENGAGE enables Practitioners to conduct in-person consultations at their facility, connect with the Users through our Tele-Health platform, respond to the health related queries via notifications and messaging, keep track of Patients adherence and progress through application provided by punyahealth.com (“Doctor Portal”).

The User may post queries only to the practitioners they are associated with. In-case a user is associated with multiple practioners, the user has an option to either post it as a (i) public query, which is sent through punyahealth.com ENGAGE to all associated Practitioners and enables any Practitioner to respond to the query posted; or (ii) private query, which will be only sent to the Practitioner that the User has chosen.

The public queries sent to multiple Practitioners are sent through a fully automated notification system available in the Doctor portal. punyahealth.com does not guarantee in any manner that any query will be directed to a particular Practitioner and will not be responsible for the Practitioners chosen to respond to the queries. The queries directed to practitioners are determined by the User.

Practitioner agrees that, when providing any written response to a User’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 User or in general.

punyahealth.com doesn’t dictate the financial commitments between the Doctor & his user. In the event, the Practitioner decides to charge the user a fee for his response, it’s up-to the Practioners discretion to charge the User as per his convenience. punyahealth.com provides a payment gateway solution, the practitioners can request punyahealth.com to enable Payment gateway feature as part of collecting the fees for any services rendered to the Users. There will be a fee associated to enable the payment gateway solution.

punyahealth.com shall remit the fees to the Practitioner in accordance with the terms agreed between the Practitioners and punyahealth.com in the Software License and Services Agreement executed between them.

punyahealth.com reserves the right to revise the fee terms at any time at their discretion. The Practitioner’s continued use of the services shall constitute his/her consent to such revision.

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

Practitioner hereby represents and warrants that he/she

  • is qualified to provide medical services within the territory of India;
  • 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
  • has provided punyahealth.com true, accurate, complete and up to date details about their qualification and credentials.
  • Practitioner agrees that he/she shall at all times abide by the applicable medical regulations
  • Practitioners shall promptly renew their licenses required to provide medical services and notify punyahealth.com about the same.

punyahealth.com reserves the right to terminate any account of the Practitioner in case:

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

Practitioner hereby agrees that, for any User that contacts the Practitioner using punyahealth.com ENGAGE, only he/she or a registered provider with punyahealth.com shall be allowed to perform the services for the User and that the Practitioner may under no circumstances be permitted to transfer the performance of Your Services to any other person, whether under their supervision or not. The Practitioner accepts all responsibility and liability for the use of punyahealth.com ENGAGE, including the performance of its services, by any other party claiming to be the Practitioner and hereby agrees to indemnify punyahealth.com against any claim or loss that may be faced by punyahealth.com consequent to such use.

Practitioner hereby agrees to hold in strictest confidence all information provided by a User to him/her under all circumstances. Practitioner agrees that he/she shall not disclose any information or documentation provided by a User to any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person.

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

Practitioner agrees and understands that some or all his/her may be made available to the general public through the punyahealth.com portal or otherwise by the Company and that he/she has no objection to the same.

Practitioner hereby agrees to assign to punyahealth.com in perpetuity all intellectual property rights residing in the responses provided by him/her for use by punyahealth.com worldwide.

Any communication sent by or through punyahealth.com to the Practitioner is based solely on information uploaded by the Users. punyahealth.com 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.

Practitioner shall be liable to indemnify and hold punyahealth.com 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.

punyahealth.com HEALTH FEEDBACK

punyahealth.com Healthfeedback is part of the blog page available on the website, wherein Practitioners who have a punyahealth.com profile can post health and wellness related content.

A Practitioner will submit his/her content to punyahealth.com content writing team, who will help the practioners to post their original content comprising text, audio, video, images data or any combination of the same (“as defined in Clause 3.7.2”), and uploading said Content to punyahealth.com’s servers. The Practitioner can upload their own images or choose an image from the gallery that punyahealth.com provides. punyahealth.com shall also provide images or other graphical content through the punyahealth.com design team and punyahealth.com shall post such Content while retaining the credentials of the original authors. The Content uploaded does not constitute medical advice and may not be construed as such by any person.

The Practitioner acknowledges that they are the original authors and creators of any Content or comments uploaded by them via Healthfeed and that no Content or comment uploaded by them would constitute infringement of the intellectual property rights of any other person. punyahealth.com reserves the right to remove any Content or comment which it may determine at its own discretion as violating the intellectual property rights of any other person. The Practitioner agrees to absolve punyahealth.com from and indemnify punyahealth.com 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 Fit. The Practitioner also agrees to absolve punyahealth.com from and indemnify punyahealth.com against all claims that may arise as a result of any third party intellectual property claim if the Practitioner downloads an image from punyahealth.com’s gallery and utilizes it for his/her personal or commercial gain.

The Practitioner hereby assigns to punyahealth.com, in perpetuity and worldwide, all intellectual property rights in any Content or comment created by the Practitioner and uploaded by the Practitioner via HealthfeedBack. While punyahealth.com will not claim credit for the content published, but punyahealth.com will use the content published for content marketing purposes without removing the original authors credits.

punyahealth.com shall have the right to edit or remove the Content and any comments in such manner as it may deem fit at any time.

Practitioner agrees not to post any comments or upload any Content which are defamatory, obscene, objectionable or in nature and punyahealth.com reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The Practitioner agrees to absolve punyahealth.com from and indemnify punyahealth.com against all claims that may arise as a result of any legal claim arising from the nature of the Content or the comments posted by the Practitioner on Fit.

RIGHTS AND OBLIGATIONS RELATING TO CONTENT

As mandated by Regulation 3(2) of the IG Rules, punyahealth.com hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

  • belongs to another person and to which the User does not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • threaten 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.
Users are also prohibited from:
  • violating or attempting to violate the integrity or security of the Website or any punyahealth.com Content;
  • transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by punyahealth.com;
  • intentionally submitting on the Website any incomplete, false or inaccurate information;
  • making any unsolicited communications to other Users;
  • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
  • attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
  • copying or duplicating in any manner any of the punyahealth.com Content or other information available from the Website;
  • framing or hot linking or deep linking any punyahealth.com Content.
  • circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

punyahealth.com, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. punyahealth.com 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.

In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, punyahealth.com has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.

punyahealth.com may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit punyahealth.com to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by punyahealth.com as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between punyahealth.com or any person on its behalf and the User or where the User has consented to data transfer.

punyahealth.com respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

TERMINATION

punyahealth.com 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;
  • punyahealth.com is unable to verify or authenticate any information provide to punyahealth.com by a User;
  • punyahealth.com has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
  • punyahealth.com believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for punyahealth.com or are contrary to the interests of the Website.

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall punyahealth.com, 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:

  • provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
  • any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
  • any unauthorized access to or alteration of your transmissions or data; or
  • any other matter relating to the Website or the Service.

RETENTION AND REMOVAL

punyahealth.com 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.

APPLICABLE LAW AND DISPUTE SETTLEMENT

You agree that this Agreement and any contractual obligation between punyahealth.com and User will be governed by the laws of India.

Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by punyahealth.com. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be chennai. 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.

Subject to the above Clause 9.2, the courts at Chennai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

CONTACT INFORMATION GRIEVANCE OFFICER

If a User has any questions concerning punyahealth.com, the Website, this Agreement, the Services, or anything related to any of the foregoing, punyahealth.com customer support can be reached at the following email address: wecare@punyahealth.com or via the contact information available on the website – www.punyahealth.com.

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.

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 punyahealth.com. Any consent by punyahealth.com to, or a waiver by punyahealth.com of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

SCHEDULE

punyahealth.com Feedback Collection and Fraud Detection Policy

Scope

This policy document covers the philosophy, intent and methodology used by punyahealth.com to collect Feedback from Patients & Doctors and other Practitioners who are part of the punyahealth.com eco-system.

Philosophy and Intent

At punyahealth.com, we believe in transparency and authenticity, and these are the 2 primary pillars on which the Feedback collection system is built. We intend to help all the users make a well-informed decision when it comes to their Health and authentic Feedback helps them achieve that. Doctors being punyahealth.com’s closest stakeholders throughout our successful journey, would be the other beneficiary, with authentic Feedback circulating from all the users.

How we collect Feedback

As of now punyahealth.com endeavors to reach out to the following group of users :

Users who are registered with punyahealth.com: punyahealth.com reaches out to these Users via SMS/E-mail regularly and collect the feedback about ease of access to the system, ease of using any specific functionalities, any changes needed etc. punyahealth.com has complete ownership of this flow of feedback collection since punyahealth.com is responsible for giving the best experience to patients.

The punyahealth.com Feedback system is built such that it limits the number of SMS and emails that are sent to a particular patient to ‘one-every-month’ even if he/she books more than one appointment with you during the period. This ensures sufficient cool-off period between subsequent Feedback from the same patient and a much more robust and fair feedback model

Nature of Feedback

The punyahealth.com Feedback Collection System will ask the Users about their consultation experience, Product experience. The information collected would primarily be categorized as below:

  • Doctor recommendation – whether the patient would recommend the doctor to his/her friends and family
  • Doctor Feedback – Patient’s testimonial about appointment experience with the Doctor
  • Product Feedback – Patient’s comfort with using the features of the Product
Authenticity of Feedback Collection

As part of our efforts to collect and display authentic Feedback, punyahealth.com abides by these set of rules:

  • A Patient would be probed with SMS/E-mail for Feedback on an appointment or product only once in a month
  • Appointments booked via punyahealth.com includes (but not restricted to) appointments from the following sources:
  • Doctor and Practice profile on punyahealth.com or smartphone apps
  • punyahealth.com Direct Contact
TERMS OF SERVICE – ONLINE APPOINTMENT BOOKING FACILITY
  • PARTNERS – punyahealth.com’s esteemed Partners are doctors, clinic managers, and other medical practitioners, who are listed and have a profile on www.punyahealth.com and comply with the Terms of Use of www.punyahealth.com.
  • APPOINTMENT BOOKING FACILITY – Appointment Booking is a facility offered by punyahealth.com to patients for booking online or walk-in appointments with our partners.
  • OBJECTIVES OF ONLINE APPOINTMENT BOOKING FACILITY – The two-fold objective of punyahealth.com is to ensure:
  • Excellent experience for our patients by minimizing their visit time to Doctor’s Office
  • Excellent experience for our partners by maximizing their utilization of time
  • MANDATORY TERMS OF SERVICE FOR PARTNERS
    • Every doctor should honor all appointments booked via punyahealth.com within the available hours.
    • It is mandatory that the patient consult the same doctor with whom the consultation has been confirmed.
    • The doctor or doctor’s office should communicate about any expected delay/cancellation at least 2 hours prior to the scheduled time of appointment.

    Non-compliance to the above will lead to poor patient engagement experience and might have an effect on the reputation of the facility.

    MANDATORY TERMS OF SERVICE FOR PATIENTS

    ‘Instant – Telehealth Appointment’ button on punyahealth.com is a privilege given to the Doctor to make himself available for Telehealth Consultations, punyahealth.com reserves the right to withdraw this in case of repeated instances of “No Show” by the Doctor.

    PRIVILEGES FOR PARTNERS

    For complying with the terms of service on punyahealth.com the partners will be offered following privileges:

    • Online Appointments Booking Facility – Patients can seamlessly book appointments 24×7 on punyahealth.com or punyahealth.com App.
    • Free 3-month trial Period.
    • Increased awareness and accessibility to the Providers

    punyahealth.com provides the services on “as is” and “as available” basis. punyahealth.com does not represent, warrant or guarantee that your access to or use of punyahealth.com: (a) will be uninterrupted or error free; or (b)will result in any requests for appointments. Notwithstanding anything contained herein, punyahealth.com disclaims all liability for any act or omission of you, any Patient or other third party.

    YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

    CONTACT

    8448 440 616

    Puniya healthcare.com

    Privacy Policy.

    Introduction : Punya health care operates the website located at punyahealth.com and other related websites and mobile applications with links to this Privacy Policy (collectively, the “Site”). Through the Site, we operate an online service enabling members (“Members”) to receive telehealth and medical services from various healthcare providers (the “Services”). We developed this privacy policy (“Privacy Policy”) to explain how we collect, use, and disclose information from and/or about you when you use the Site or the Services.

    THE SITE WILL BE COLLECTING AND TRANSMITTING PERSONAL, MEDICAL AND HEALTH-RELATED INFORMATION ABOUT YOU. BY USING THE SITE, YOU AGREE THAT WE CAN COLLECT AND USE YOUR PERSONAL AND OTHER INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

    Important Definitions : When we use the term “Personal Information” in this Privacy Policy, we mean information about you that is personally identifiable to you, such as your contact information (e.g., name, address, email address, or telephone number), personally identifiable health or medical information (“Health Information”), and any other non-public information that is associated with such information (collectively, “Personal Information”). When we use the term “De-Identified Information”, we mean information that is neither used nor intended to be used to personally identify an individual. Lastly, when we use the term “Cookies”, we mean the small pieces of information that a Site sends to your browser while you are viewing a website.

    Questions : If you have questions or concerns about this Privacy Policy, please contact us by sending an email to counsellor@punyahealth.com.

    HIPAA : Our privacy practices are designed to comply with the Health Insurance Portability and Accountability Act (“HIPAA“). We will maintain the privacy of your Health Information as required by HIPAA and the regulations promulgated under that Act. We encourage you to review our Notice of Privacy Practices, which describes how health we may use and disclose your Health Information.

    Children under age 18 : We do not knowingly allow individuals under the age 18 to create Accounts that allow access to our Site.

    The Personal information we collect or maintain may include:
    • Your name, age, email address, user name, password, and other registration information
    • Health Information that you provide us, which may include information or records relating to your medical or health history, health status and laboratory testing results, diagnostic images, and other health related information
    • Health information about you prepared by the health care provider(s) who provide the Services through the Site such as medical records, treatment and examination notes, and other health related information
    • Billing information that you provide us, such as credit card information
    • Information about the computer or mobile device you are using, such as what Internet browser you use, the kind of computer or mobile device you use, and other information about how you use the Site
    • Other information you input into the Site or related services
    We may use your Personal Information for the following purposes (subject to applicable legal restrictions):
    • To provide you with the Services
    • To improve the quality of healthcare through the performance of quality reviews and similar activities
    • To create De-Identified Information such as aggregate statistics relating to the use of the Service
    • To notify you when Site updates are available,
    • To market and promote the Site and the Services to you
    • To fulfill any other purpose for which you provide us Personal Information
    • For any other purpose for which you give us authorization
    We may also disclose Personal Information that we collect or you provide (subject to applicable legal restrictions):
    • To our subsidiaries and affiliates.
    • To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
    • As required by law, which can include providing information as required by a court order.
    • When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request.
    • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Punya assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information maintained by the Site is among the assets transferred.
    • For any other purpose disclosed by us when you provide the information.

    Information We Collect via Technology: As you use the Site or the Service, certain information may be passively collected by Cookies, navigational data like Uniform Resource Locators (URLs) and third party tracking services, including:

    Site Activity Information: We may keep track of some of the actions you take on the Site, such as the content of searches you perform on the Site.

    Access Device and Browser Information: When you access the Site from a computer or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access times (collectively, “Anonymous Information”).

    Cookies: We may use both session Cookies (which expire once you close your web browser) and persistent Cookies to make the Site and Service easier to use, to make our advertising better, and to protect both you and punyahealthcare. You can instruct your browser, by changing its options, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. If you do not accept Cookies, however, you will not be able to stay logged in to the Site. We presently do not honor “Do Not Track” requests across all part of our Site.

    Real-Time Location: Certain features of the Site use GPS technology to collect real-time information about the location of your device so that the Site can connect you to a health care provider who is licensed or authorized to provide services in the state where you are located.

    Mobile Services: We may also collect non-personal information from your mobile device or computer. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the application(s) and and information about the type of device or computer you use. In addition, in the event our application(s) crashes on your mobile device we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our application(s).

    Google Analytics: We use Google Analytics to help analyze how users use the Site. Google Analytics uses Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site and Services. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

    De-Identified Information : We may use De-Identified Information created by us without restriction.

    Information You Share with Third Parties : This Privacy Policy applies only to information we collect through the Site and in email, text and other electronic communications set through or in connection with the Site. This policy DOES NOT apply to information collected by any third party. When you click on links on the Site you may leave our site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.

    Modification of Information : Members will be able to update some of their information through the Site. Requests to modify any information may also be submitted directly to counsellor@punyahealth.com

    Limitations on Deletion of Information : You may request deletion of your Personal Information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete Personal Information, it will be deleted from the active database, but may remain in our archives and we may also retain Anonymous Information about your use of our Service. Once we disclose some of your Personal Information to third parties, we may not be able to access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures. After we delete Personal Information, we will retain De-Identified Data and will continue to use De-Identified Data as permitted under this Privacy Policy.

    Steps we take to keep your information secure : We employ reasonable physical, electronic and managerial security methods to help protect against unauthorized access to Personal Information, such as encryption. But please be aware that no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure. As a result, while we try to protect your Personal Information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.

    Report Violations : You should report any security violations to us by sending an email to counsellor@punyahealth.com.

    Changes to this Privacy Policy : We may change this Privacy Policy from time to time in the future. We will post any revised version of the Privacy Policy on this page. Continued use of our Service following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. By using the Site, you are agreeing to our collection, use and disposal of Personal Information and other data as described in this Privacy Policy, both as it exists now and as it is changed from time to time.