1. Acceptance of Terms and Applicability
Welcome to www.primehealers.com (a “Website”) owned and operated by Subhoda Healthcare Services Pvt. Ltd. under its registered trademark Prime Healers® (Hereinafter referred as “Prime Healers”, the “Company”, “we”, “us”, “our”) having its registered office at #5, Sri Laxmi Venkateshwara Nilaya, Ashoka Nagar, Vijayapura, Devanahalli, Bangalore- 562135.
The Agreement applies to you whether you are:-
a. A patient, his/her representative or affiliates, user of Website searching for Service Provider through our Website (“End-User”, “you”, or “User”)
b. A medical practitioner or healthcare service provider (whether an organization or Individual) or similar institution who are registered on the Website or wishing to get registered (“Service Provider”, “you”, “User”)
This Agreement defines the terms and conditions under which you are allowed to use the primehealers.com 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 firstname.lastname@example.org.
If you disagree with any part of these terms and conditions, or if you are under the age of eighteen (18) please do not use our website.
Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of the Republic of India.
The terms in this Clause 2 are applicable only to Users other than Service Providers.
2.1 Creation of an Account/Registration of End-User
To use the Website with the aim to ask the Doctor for an Opinion and a Report, to book an appointment or service with the service provider, you will have to create your personal account (“Account”) by completing the online registration process. During the registration process, you will be asked to fill-in the registration form with your Name, email address, phone number and create a password that you will use to login to the Website. Please note that all registrations are subject to our acceptance and you have no right to an Account. Acceptance of registration is granted at our sole discretion. You understand that Company may introduce a fee for registration on the Website ("Registration Fees"). Registration Fees, if and when introduced shall be non-refundable.
By creating an Account, you warrant that you are at least 18 years old and are legally capable of entering into binding agreements with us and the Service Provider. You are only allowed to create one Account and it is one process only. It is not allowed to use the Website for purposes other than those provided for in and governed by these Terms and Conditions of Use.
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 the Company of any actual or suspected unauthorized use of the User’s account or password. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use.
2.2 Availing Service And Interaction With Service Providers
You understand and agree that any interactions and associated issues with the Service Provider on the Website including but not limited to the medical outcomes and service issues, is strictly between you and the Service Provider. You shall not hold Prime Healers™ responsible for any such interactions and associated issues. For the avoidance of doubt, Company is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Service Provider you interact with, pursuant to any interactions on the Website. If you decide to engage with a Service Provider to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for Service Provider should not be construed as an endorsement by Company of any such particular Service Provider. Company shall not be responsible for any breach of service or service deficiency by any Service Provider. We cannot assure or guarantee the ability or intent of the Service Provider to fulfil their obligations towards you. We advise you to perform your own investigation prior to selecting a Service Provider.
2.3 Third Party Services:
Further, the Company shall not be held responsible for any lapses, shortcomings or deficiency of services by such third party service providers to you. You understand that third party services may be made available by the Company on the Website. For example, you may be able to find or book a Home sample collection service (from Lab) through the Website. Please note that in the event you choose to avail any such third party services that are made available on the Website, you will be absolutely and solely responsible for your interactions with such third party service providers. The Company hereby does not endorse the services of any third party service providers that are made available on the Website.
2.4 Report Fee, Service Fee and Payment:
The primehealers.com offers various services. While some services are provided free of cost, there are certain services which chargeable and cost will be collected by the users. The preparation of the Report by the Doctor of your choice is conditioned by your payment of the Report Fee to the Doctor stated in the profile of the particular Doctor. Please note that the Report Fees vary according to each Doctor. In case you choose to avail the Home collection service by any diagnostic centre the charges are applicable. The company may in such event provide billing services on behalf of the Service Provider. Should you wish to avail those Paid Services, you acknowledge that Company will collect the payment for such Paid Services for and on behalf of the Service Provider providing such clinical services. You shall pay the Report Fee and Service Fee using the payment mechanism on the Website. You acknowledge and confirm that Company shall not be liable for the treatment or be treated as the health care provider on account of such collection of the payments or for the provision of Paid Services, for any reason whatsoever.
2.5 No Contractual or Professional Relationship
By using the services of Prime Healers™, no contractual or professional relationship is created between the User and the Service Provider. The Company makes every effort to validate the qualifications of the medical professional and the validity of the Service Provider. Nevertheless, we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not in any way endorse any individual or organization described herein. 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. We cannot guarantee the availability of any Service Provider at any particular time. We will not be liable for cancelled, delayed or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Website or services whatsoever.
Hence, you are strongly advised to perform your own investigation prior to selecting a health care provider including verification of listed credentials and education.
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 an another person’s behalf), please contact an ambulance service or hospital directly.
2.6 No Medical Advice Provided
Please note that we do not recommend or endorse any Service Provider, procedures, opinions, or other Information that may appear on the Website. If you rely on any of the Information provided by the Website, you do so solely at your own risk. The Information that you obtain or receive from Company, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. All medically related information comes from independent health care professionals and organizations which are registered with Prime Healers™ and to whom certain specific terms and conditions apply.
The Information provided on the Website and in any other communications from or provided through Company is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of advice that you may have obtained through the Website. Your use of Information provided on the Website is solely at your own risk. Nothing stated or posted on the Website or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care.
2.7 Ratings & Reviews
The website contain the feature to provide ratings & reviews of the Service Provider. Prime Healers™ uses the closed-loop system (every comment is written by a verified patient who has availed the service by respective Service Provider) to enable the feedback of the End-User about the Service Provider with intentions to help the End-Users in making informed decisions. You are solely responsible for content that you choose to submit for publication on the Website. The Prime Healers™ is just an Intermediary in publishing the content. The Company shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms. The publication of Ratings & Reviews is further subjected to clause 4. Prime Healers™, at its sole discretion, may choose not to publish your ratings and reviews, if so required by applicable law, and in accordance with Clause 4 of these Terms.
The terms in this Clause 3 are applicable only to Service Providers
3.1 Listing Conditions
Prime Healers® publishes the profiles, practice address, pictures of the service provider’s on its Website after conducting a detailed verification process. However, we may take down the profile or any part of it based on the request of the Service Provider, though, we shall at no time be under any obligation to take down publicly available information about the Service Provider. The information which is published on the Website is to facilitate interaction between End-Users and the Service providers. The company may take down the profile of the Service Provider if the information is inaccurate and not binding according to the Terms of Prime Healers. You agree that your use of the Registered Account and display of your profile on Website is subject to verification by us of your identity and credentials as a Service Provider. You agree that we may use and disclose your Personal Information for such purposes, including (without limitation) making inquiry of third parties concerning your identity and professional and practice credentials. You authorize such third parties to disclose to us such information as we may request for such purposes, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to or use of the Services at any time if we are unable at any time to determine or verify your qualifications or credentials. The Service Provider need to contact the company to make corrections and publish or re-publish their profile through email@example.com.
The account created by you or given to you is fully personal, it is non-transferable, non-exclusive and it is used by you for the purpose of accessing patient details, confirming appointments, providing consultation service, participate and answer to questions of End-Users on forums, receive patient orders, to subscribe to services of the company, to create and modify your display information, to receive feedback whichever applicable. You as a Service Provider hereby represent and warrant that you will use these Services in accordance with applicable law. Any contravention of the applicable law as a result of your use of these Services is your sole responsibility, and Prime Healers™ accepts no liability for the same.
You are responsible to safeguard your account and you will always use the User ID assigned to you. Such safeguards shall comply with federal, state, and local requirements, including the Privacy Rule and the Security Rule, whether or not you are otherwise subject to HIPAA. You will immediately notify us of any breach or suspected breach of the security of the System of which you become aware, or any unauthorized use or disclosure of information within or obtained from the System, and you will take such action to mitigate the breach or suspected breach as we may direct, and will cooperate with us in investigating and mitigating such breach.
3.2 Ratings & Reviews Role of Prime Healers
You understand that by using our Services you may be exposed to Ratings and Reviews or other content that you may find offensive or objectionable. The Company shall not be liable for any effect on Service Provider’s business due to Ratings and Reviews of a negative nature. In these respects, you may use the Service at your own risk. Prime Healers™ however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Reviews. The legal rights and obligations with respect to Ratings and Reviews and any other information sought to be published by Users are further detailed in Clauses 2.7 and 4 of these Terms. The Ratings and Reviews are given by the end users of the Website and the Website only plays an intermediary role. However, the Prime Healers reserves the right to collect the ratings and reviews of the Service Providers who are listed on the Website. We shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Ratings & Reviews from any Service, except as required by applicable law.
If Prime Healers determines that you have provided inaccurate information or enabled fraudulent feedback, we reserve the right to immediately suspend any of your accounts with us and makes such declaration on the website alongside your name/your clinic's name as determined by Company for the protection of its business and in the interests of Users. You shall be liable to indemnify Prime Healers for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected us or our Users.
3.3 Ranking of the Service Providers
The Prime Healers define the rank of the Service Provider based on the interest of the End-User and it may adjust the ranking from time to time to improve the quality of service provided to the End-User. The Company shall not be liable for any effect on the Service Provider’s business interests due to the rank of the Service Provider in the Ranking Algorithm.
3.4 Prime Healers Public Forum
The Prime Healers may offer forums for the exchange of information among our Users. You agree to comply with all applicable forum rules. In particular, you understand that we do not assure the accuracy, reliability, confidentiality or security of information made available through the use of such forums. You acknowledge that any information you post in a forum or discussion group is available to the public, and may result in you receiving communications from others outside the Site. You are responsible for safeguarding the privacy of your and your patients' personal information when you participate in forums, discussion groups and the like. You agree not to disclose individually identifiable health information through such forums. You acknowledge that any liability resulting from your sharing of any information in a forum or discussion group is your sole responsibility. You will hold the Company harmless for any damages, direct or indirect, arising from any post made by you.
3.5 Professional Responsibility
You will be solely responsible for the professional and technical services you provide. The Prime Healers make no representations concerning the completeness, accuracy or utility of any information in the System, or concerning the qualifications or competence of individuals who placed it there. We have no liability for the consequences to you or your patients of your use of the System or the Services.
4. Rules of conduct
Restricted Uses of the Website:
Under no circumstances are you allowed to:
a) Use this Website in a way that may be considered offensive or may interfere with the use by anyone else;
b) Attempt to circumvent the security systems of the Website
c) Attempt to gain access to any other Users’ Accounts or any personal information that may be stored at this Website on behalf of other Users;
d) Attempt to use the Website for any purposes other than those set out in these Terms and Conditions of Use; or
e) Upload any data that contain viruses or any other computer code, limiting the functionality of this Website, including, but not limited to, any software, hardware, telecommunications, networks, servers or other equipment.
f) You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
h) Any information provided by you on this site shall not be misleading in any way.
i) You may not post or transmit Content, (even if made in a joking, sarcastic or unintended manner), if it in any way:
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual
harasses or advocates harassment of another person
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
infringes upon or violates any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]
promotes an illegal or unauthorized copy of another person's copyrighted work
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone
contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian)
tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
interferes with another user's usage of the Sites
j) You must use the Sites in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Sites, as well as attempting to gain unauthorized access to the Sites or exceeding your authorized access
l) You understand that Prime Healers has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, the disclosure of the information in connection with an investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
5. Posts Are Not Private or Confidential; Anonymity
The Website is having a feature of the Internet-based forum. Information and materials submitted in the content of your questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts in the Public Forum and other places where Users communicate on the Website (collectively "Posts") is not private or confidential, nor is it protected by attorney-client, doctor-patient, or any other privilege, and it may be read, collected, and used by others. For example, search engines may index your questions, answers, and other Posts to allow them to appear in search engine results (e.g. if someone does a search on google.com or another search engine, your questions, answers, and other Posts on primehealers.com that relate to the search may appear in the search results list). To help protect your privacy, use an anonymous username and do not include information regarding your identity or contact information in your Posts (in the Public forum).
Users are responsible for their acts and omissions and content placed on the Website. Because the Prime Healers Site is a venue, in the event that you have a dispute with one or more Users, you release Prime Healers (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
7. Information Control and Storage
We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Website, you agree to accept such risks and that Company is not responsible for the acts or omissions of Users on the Website.
The amount of storage space per User is currently limited. You agree that primehealers.com is not responsible or liable for the deletion or failure to store content and/or other information.
9. Intellectual Property Rights
All intellectual property rights related to the Website and underlying software, its development, operation or updating are the exclusive property of us or our licensors or sub licensors, where applicable. You agree that you will not use such proprietary information or materials in any way whatsoever except for the use of the Website under these Terms and Conditions of Use and the applicable laws and regulations. You also agree that you will not upload or in any other way use the Website to infringe the intellectual property rights of the third parties. It is your responsibility to control whether the materials that you want to use in connection with this Website are not infringing any intellectual property rights of third parties.
10. Limitation of Liabilities
We cannot guarantee that our Website is always available and that the information on our Website is always complete, correct or up-to-date. You also acknowledge that while we try to do our best to safeguard responsiveness of the Service Providers mere availability of a Service provider’s data on the Website does not constitute our endorsement of or any guarantee relating to such Service Provider or the quality of his/her or institution services.
You also acknowledge that we are not liable for completeness or accuracy of information or feedbacks posted on the Website by any User, Service Provider or a third party, such as ratings, reviews and endorsements. We retain the right to remove any posting or other information from the Website, without notice.
We undertake to use our best efforts to make the Website available at all times. However, the User understands that we give no guarantee whatsoever that the Website services will be available and uninterrupted at all times.
In case of failure of the Website for any reason, we shall use our best efforts to fix the problem and make the Website available as soon as possible.
The User acknowledges that we (acting ourselves or through our contractors) will perform necessary maintenance, adjustments or improvements to the Website. The User agrees that unavailability of the Website during these processes shall not constitute a breach of User Agreement. If possible we will inform the User of unavailability of the Website ahead of time.
As far as permitted by mandatory law, we exclude any liability for damage resulting from or related to any use of our Website or the information on it. You use the Website at your own risk. We have no responsibility or liability for the Opinion, the contents and quality of the Report or Quality of Service, Service Provider’s terms and conditions contained in the Report Agreement, or any contacts you may have with the Service Provider. This will fall solely under the relevant Service Provider’s responsibility and liability.
Our website may include links to other websites. You agree that we have no influence on and no liability whatsoever for such linked websites. If you visit those websites, we encourage you to consult the terms and conditions and privacy policies available there.
11. Applicable Law
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be in Bengaluru, Karnataka.
Any dispute or difference whatsoever arising between the parties to the agreement, out of or relating to the consideration, meaning, scope, operation or effect of this contract or the validity of the breach thereof shall be settled in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be Bengaluru, India. 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.
The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with Clause 11(a).
14. Changes to the Services
17. Complete Understanding
18. Advice of Counsel
All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
Subhoda Healthcare Services Pvt. Ltd
#5, Sri Laxmi Venkateshwara Nilaya
Ashoka Nagara, Vijayapura, Devanahalli
Bengaluru, Karnataka- 562135