TERMS & CONDITIONS
PregBuddy Technologies Private Limited ("PregBuddy") is the author and publisher of the internet resource www.pregbuddy.com and the mobile application 'Pregnancy Week by Week Tracker' (together, "Website"). PregBuddy owns and operates the services provided through the Website.
1.NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are -
i. A medical practitioner or health care provider or health experts (whether an individual professional like Doctor, Nutritionist or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions ("Practitioner(s)", "you" or "User*"); or
ii. A patient, his/her representatives or affiliates, searching for Practitioners through the Website ("End-User","you" or "User"); or
iii. Otherwise a user of the Website ("you" or "User").
This Agreement applies to those services made available by PregBuddy on the Website, which are offered free of charge to the Users ("Services"), including the following:
i. For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
ii. For other Users: Facility to (i) create and maintain 'Pregnancy Accounts', (ii) Discuss queries either via chat or via HealthFeed with other Users on the platform, (iii) Manage your own tests, appointments and other events on Pregnancy Calendar.
The Services may change from time to time, at the sole discretion of PregBuddy, 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 email@example.com.
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 PregBuddy.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
i. the Indian Contract Act, 1872,
ii. the (Indian) Information Technology Act, 2000, and
iii. the rules, regulations, guidelines and clarifications framed there under, 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").
2.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 PregBuddy that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
3.1END-USER ACCOUNT AND DATA PRIVACY
3.1.2 PregBuddy 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 PregBuddy's services and to build new services.
3.1.3 The Website allows PregBuddy to have access to registered Users' personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
i. The type of information collected from Users, including sensitive personal data or information;
ii. The purpose, means and modes of usage of such information;
iii. How and to whom PregBuddy will disclose such information; and,
iv. Other information mandated by the SPI Rules.
i. the fact that certain information is being collected;
ii. the purpose for which the information is being collected;
iii. the intended recipients of the information;
iv. the nature of collection and retention of the information; and
v. the name and address of the agency that is collecting the information and the agency that will retain the information; and
vi. the various rights available to such Users in respect of such information.
3.1.6 PregBuddy 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 PregBuddy or to any other person acting on behalf of PregBuddy.
3.1.7 The User is responsible for maintaining the confidentiality of the User's account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User's account and password, whether or not authorized by the User. The User shall immediately notify PregBuddy of any actual or suspected unauthorized use of the User's account or password. Although PregBuddy will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of PregBuddy or such other parties as the case may be, due to any unauthorized use of your account.
3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or PregBuddy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PregBuddy has the right to discontinue the Services to the User at its sole discretion.
3.1.9 PregBuddy may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1 PregBuddy 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. PregBuddy takes reasonable efforts to ensure that such information is updated at frequent intervals. Although PregBuddy screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.3.2 The Services provided by PregBuddy 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). PregBuddy does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. PregBuddy 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, PregBuddy 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 PregBuddy or any User in relation to any User or services provided by such User.
3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. PregBuddy 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 PregBuddy endorses the linked site. User may use the links and these services at User's own risk.
3.3.4 PregBuddy assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User's sole remedy is to discontinue using the Website.
3.3.5 If PregBuddy determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, PregBuddy reserves the right to immediately suspend your access to the Website or any of your accounts with PregBuddy and makes such declaration on the website alongside your name/your clinic's name as determined by PregBuddy for the protection of its business and in the interests of Users. You shall be liable to indemnify PregBuddy for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected PregBuddy or its Users.
3.4 BOOK APPOINTMENT
PregBuddy enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment by redirecting Users to third-party websites: Practo.com, Lybrate.com etc. Any queries related to booking, refunds, cancellations should be handled with the respective teams from where you have made the booking for the appointment.
3.4.1 Without prejudice to the generality of the above, PregBuddy is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that PregBuddy will not be liable for:
i. User interactions and associated issues User has with the Practitioner;
ii. the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
iii. any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
iv. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
v. any misconduct or inappropriate behaviour by the Practitioner or the Practitioner's staff;
vi. cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under, PregBuddy Guarantee Program.
3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
3.5.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between PregBuddy and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from PregBuddy, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
3.5.3 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.
3.6 PREGBUDDY CONSULT
PregBuddy's Consult is a feature owned and provided by PregBuddy that allows Users & Practitioners to communicate with each other either via PregBuddy Website or via third party softwares like Email, WhatsApp etc. Further, Users may access this feature on PregBuddy's platform to get assigned, for the purposes of consultation, to a Practitioner whereby such Practitioners are, by default, assigned through the system's algorithm/software-program that finds the most available and accepting Practitioner. The scope of this feature as detailed herein is collectively referred to as "Consult".
3.6.2 Terms for Users:
The Users expressly understand, acknowledge and agree to the following set forth herein below:
i. In the event the Users intend to consult a specific Practitioner of choice, the same is not facilitated through search options as of now.
ii. In case any prescription is being provided to User by the Practitioner, the same is being provided basis the online consultation, however it may vary when examined in person, hence in no event shall the prescription provided by Practitioners be relied as a final and conclusive solution.
iii. During the consultation and thereafter, the Practitioner may upload the prescription/health records of the User on the account of the User or shared by third party softwares like Email, WhatsApp for access of the User.
iv. Notwithstanding anything contained herein, PregBuddy in no manner endorses any Practitioner(s) that Users consult and is not in any manner responsible for any fooddrugmedicines prescribed or the therapy prescribed by the Practitioner.
v. If Practitioner responds to the User's query, the system could trigger communications to the User, in the form of notification text email others. The User further understands that PregBuddy may send such communications like text messages email calls before and/or after Practitioner's consultation (physical or online) to User's mobile number which is provided by Practitioner, based on the Practitioner's settings. However and not withstanding anything to the contrary in this Agreement, PregBuddy does not take responsibility for timeliness of such communications.
vi. Consult, is merely a consulting model, any interactions and associated issues with the Practitioner on Consult including but not limited to the User's health issues and/or the User's experiences is strictly between the User and the Practitioner. The User shall not hold PregBuddy responsible for any such interactions and associated issues.
viii. Any conversations that the Users have had with the Practitioner will be retained in PregBuddy database as per the applicable laws and subject to confidentiality.
ix. User understands and agrees to provide accurate information, and will not use this platform for any acts that are considered to be illegal in nature.
x. If User decides to engage with a Practitioner to procure medical services or engages in communication, exchange of money for services outside of Consult platform, User shall do so at their own risk. PregBuddy shall not be responsible for any breach of service or service deficiency by any Practitioner.
xi. If User decides to use the payment gateway to make payments online, it is solely at User's discretion. Should there be any issues with regard to the payment not reaching the respective Practitioner's account, please reach out to firstname.lastname@example.org.
3.6.3 Express Disclaimers:
i. Consult is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises 'in-person consultation', it is the sole responsibility of the User, to book an appointment for physical examination and in-person consultation whether the same is with the Practitioner listed on the Website or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, PregBuddy shall not be held liable.
ii. PregBuddy is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible and owns no liability to either Users or Practitioners for any outcome from the consultation between the User and the Practitioner.
iii. Consult is a platform being made available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with the Practitioner.
3.6.5 Terms for Practitioners:
i. The Practitioner shall promptly reply to the User after receiving User's communication. In case of non-compliance with regard to adhering to the applicable lawsrulesregulationsguidelines by the Practitioner, PregBuddy shall have the right to replace such Practitioners for the purpose of consultation to the User or remove such Practitioners from the platformPregBuddy application/site.
ii. The Practitioner understands and agrees that, PregBuddy shall at its sole discretion, at any time be entitled to, show as other Practitioners available for consultation.
iii. The Practitioner further understands that, there is a responsibility on the Practitioner to treat the User, pari passu, as the Practitioner would have otherwise treated the User on a physical one-on-one consultation model.
iv. The Practitioner has the discretion to cancel any consultation at any point in time in cases where the Practitioner feels, it is beyond hisher expertise or hisher capacity to treat the User. In such cases, it may trigger a refund to the User and PregBuddy will assign other Practitioner. However, it is strongly recommended that the Practitioner advise the User and explain appropriately for next steps.
v. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation being rendered.
vi. The Practitioner acknowledges that should PregBuddy find the Practitioner to be in violation of any of the applicable lawsrules regulations/guidelines set out by the authorities then PregBuddy shall be entitled to cancel the consultation with such Practitioner or take such other legal action as may be required.
vii. The payment gateway option is being provided to the Users to make payment easier. In case wrong bank account details are provided by Practitioner, PregBuddy will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact email@example.com.
viii. It is further understood by the Practitioner that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Practitioner privilege.
ix. The Practitioner understands that when a User books a time-slot with the Practitioner for online consultation, the Practitioner must comply with the time slot to the best of their availability. In case of delay, the doctor must notify User to their best possible ability.
x. The Practitioner understands that PregBuddy makes no promise or guarantee for any uninterrupted communication and the Practitioner shall not hold PregBuddy liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by PregBuddy.
xi. It shall be the responsibility of the Practitioner to ensure that the information provided by User is accurate and not incomplete and understand that PregBuddy shall not be liable for any errors in the information included in any communication between the Practitioner and User.
3.7 PREGBUDDY HealthFeed
3.7.1 PregBuddy HealthFeed is an online content platform available on the website, wherein Practitioners who have created a PregBuddy profile and Users who have created a health account can login and post health and wellness related content
3.7.2 A User can use PregBuddy HealthFeed by logging in from their health account, creating original content comprising text, audio, video, images, data or any combination of the same ("Content"), and uploading said Content to PregBuddy's servers. The Content uploaded via PregBuddy HealthFeed does not constitute medical advice and may not be construed as such by any person.
3.7.3 The User acknowledges that they are the original authors and creators of any Content uploaded by them via PregBuddy HealthFeed and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. PregBuddy reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve PregBuddy from and indemnify PregBuddy against all claims that may arise as a result of any third party intellectual property right claim that may arise from the user's uploading of any Content on PregBuddy HealthFeed. The User also agrees to absolve PregBuddy from and indemnify PregBuddy against all claims that may arise as a result of any third party intellectual property claim if the User downloads, copies or otherwise utilizes an image from the PregBuddy HealthFeed for his/her personal or commercial gain.
3.7.4 The user hereby assigns to PregBuddy, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via PregBuddy HealthFeed.
3.7.5 PregBuddy shall have the right to edit or remove the Content and any comments in such manner as it may deem PregBuddy HealthFeed at any time.
3.7.6 The User agrees not to upload Content which is defamatory, obscene or objectionable in nature and PregBuddy reserves the right to remove any Content 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 User agrees to absolve PregBuddy from and indemnify PregBuddy against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the User on PregBuddy HealthFeed.
3.7.7 A User may also use PregBuddy HealthFeed in order to view original content created by Practitioners and to create and upload comments on such Content, where allowed.
3.7.8 User acknowledges that the Content on PregBuddy HealthFeed reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of PregBuddy.
3.7.9 User agrees that the content they access on PregBuddy HealthFeed does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User's interpretation of the Content, is solely attributable to the user. The User agrees to absolve PregBuddy from and indemnify PregBuddy against all claims that may arise as a result of the User's actions resulting from the User's viewing of Content on PregBuddy HealthFeed.
3.7.10 The User acknowledges that all intellectual property rights in the Content on PregBuddy HealthFeed vests with PregBuddy. The User agrees not to infringe upon PregBuddy's intellectual property by copying or plagiarizing content on PregBuddy HealthFeed. PregBuddy reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. All comments created and uploaded by the User on PregBuddy HealthFeed will be the sole intellectual property of PregBuddy. The User agrees not to post any comments on PregBuddy HealthFeed that violate the intellectual property of any other person. PregBuddy reserves the right to remove any comments which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve PregBuddy from and indemnify PregBuddy against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User's uploading of any comment on PregBuddy HealthFeed.
3.7.11 User agrees not to post any comments which are defamatory, obscene, objectionable or in nature and PregBuddy 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 User agrees to absolve PregBuddy from and indemnify PregBuddy against all claims that may arise as a result of any legal claim arising from the nature of the comments posted by the User on PregBuddy HealthFeed.
3.8 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.8.1 The contents listed on the Website are (i) User generated content, or (ii) belong to PregBuddy. The information that is collected by PregBuddy directly or indirectly from the End- Users and the Practitioners shall belong to PregBuddy. Copying of the copyrighted content published by PregBuddy on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and PregBuddy reserves its rights under applicable law accordingly.
3.8.2 PregBuddy 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, "PregBuddy Content"), are the property of PregBuddy and are protected under copyright, trademark and other laws. User shall not modify the PregBuddy Content or reproduce, display, publicly perform, distribute, or otherwise use the PregBuddy Content in any way for any public or commercial purpose or for personal gain.
3.8.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
PregBuddy may provide End-Users with a free facility known as 'Records' on its mobile application 'PregBuddy'. Information available in your Records:
i. User-created: Information uploaded by you or information generated during your interaction with PregBuddy ecosystem, eg: appointment, medicine order placed by you.
3.10.1 Your Records is only created after you have signed up and explicitly accepted these Terms.
3.10.2 Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and PregBuddy does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
3.10.3 The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, PregBuddy is not liable for any interruption that may be caused to your access of the Services.
3.10.4 The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by PregBuddy, you should refer to your prescription before taking any medicines. PregBuddy is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the PregBuddy app.
3.10.5 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. PregBuddy is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with PregBuddy.
3.10.6 PregBuddy uses industry-level security and encryption to your Health Records. However, PregBuddy does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform PregBuddy of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to firstname.lastname@example.org.
3.10.7 In case you want to delete your Records, you can either do it yourself or do so by contacting our support team at email@example.com. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
3.10.8 You may lose your "User created" record, if the data is not synced with the server.
3.10.9 PregBuddy is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
3.10.10 PregBuddy has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
3.10.11 PregBuddy will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
3.10.12 You agree and acknowledge that PregBuddy may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
3.10.13 You acknowledge that the Practitioners you are visiting may engage PregBuddy's software or third party software for the purposes of the functioning of the Practitioner's business and PregBuddy's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws.
3.10.14 To the extent that your Records have been shared with PregBuddy or stored on any of the PregBuddy products used by Practitioner's you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by PregBuddy pertaining to such previously visited clinics and hospitals who have tie ups with PregBuddy for the purposes of their business and for PregBuddy's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with PregBuddy, to the mapping of such Records as may be available in PregBuddy's database to your User account.
The terms in this Clause 4 are applicable only to Practitioners.
4.1 LISTING POLICY
4.1.1 PregBuddy, directly and indirectly, collects information regarding the Practitioners' profiles, contact details, and practice. PregBuddy 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 End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform PregBuddy immediately to enable PregBuddy to make the necessary amendments.
4.1.2 PregBuddy shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
4.1.4 PregBuddy 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, PregBuddy shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
4.1.5 Practitioners explicitly agree that PregBuddy reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
4.1.6 You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and PregBuddy accepts no liability for the same.
4.2 PROFILE OWNERSHIP AND EDITING RIGHTS
PregBuddy ensures easy access to the Practitioners by providing a tool to update your profile information. PregBuddy reserves the right of ownership of all the Practitioner's profile and photographs and to moderate the changes or updates requested by Practitioners. However, PregBuddy 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 PregBuddy'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, PregBuddy may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.5 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 PregBuddy.
4.6 PREGBUDDY REACH RIGHTS
PregBuddy reserves the rights to display sponsored ads on the Website. These ads would be marked as "Sponsored ads". Without prejudice to the status of other content, PregBuddy will not be liable for the accuracy of information or the claims made in the Sponsored ads. PregBuddy does not encourage the Users to visit the Sponsored ads page or to avail any services from them. PregBuddy will not be liable for the services of the providers of the Sponsored ads.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and PregBuddy accepts no liability for the same.
4.7 PREGBUDDY CONSULT
4.7.1 PregBuddy Consult enables Practitioners to connect with the Users by responding to the health related queries posted by them on their Pregnancy Profiles using the special software application provided to Practitioners by PregBuddy ("Doctor App").
4.7.2 The User may post two types of queries on their Pregnancy Profiles (i) public query, which is sent through PregBuddy Consult to multiple Practitioners and enables any of the chosen Practitioner to respond to the query posted; and (ii) private query, which will be only sent to the Practitioner that the User has chosen.
4.7.3 The public queries posted by the Users are sent to multiple Practitioners through a fully automated system installed in the Doctor App. The automated system chooses Practitioners based on inter alia the information furnished by each Practitioner, the number of questions answered by the Practitioner and the rating or reviews procured by the Practitioner. PregBuddy 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.
4.7.4 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.
4.7.5 In the event, the Practitioner indicates as part of his response the pre-consultation fee payable for the advice solicited through the private query, PregBuddy shall provide the User an option to directly remit the amount to the Practitioner through the Health Account and subsequently deduct a portion from the amount paid as its fee for the performance of the services.
4.7.6 PregBuddy shall remit the fees to the Practitioner in accordance with the terms agreed between the Practitioners and PregBuddy in the Software License and Services Agreement executed between them.
4.7.7 PregBuddy reserves the right to revise the fee terms at any time at their discretion. The Practitioner's continued use of the services and Doctor App shall constitute his/her consent to such revision.
4.7.9 Practitioner hereby represents and warrants that he/she
i. is qualified to provide medical or health and fitness services within the territory of India;
ii. has obtained all licenses as required by law to provide medical, health and fitness services and has not committed any act or omission that might prejudice its continuance or renewal; and
iii. has provided PregBuddy true, accurate, complete and up to date details about their qualification and credentials.
4.7.10 Practitioners shall promptly renew their licenses required to provide medical services and notify PregBuddy about the same.
4.7.11 PregBuddy reserves the right to terminate any account of the Practitioner in case:
ii. PregBuddy is unable to verify or authenticate any information provided to it by a Practitioner; or
iii. PregBuddy in its sole and absolute discretion believes that actions of the Practitioner may cause legal liability for PregBuddy or other Users and / or may adversely affect the services rendered by PregBuddy.
4.7.12 Practitioner hereby agrees that, for any User that contacts the Practitioner using PregBuddy Consult, only he/she 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 PregBuddy Consult, including the performance of its services, by any other party claiming to be the Practitioner and hereby agrees to indemnify PregBuddy against any claim or loss that may be faced by PregBuddy consequent to such use.
4.7.13 Practitioner hereby agrees to hold in strictest confidence all information provided by a User to himher 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.
4.7.14 Practitioner agrees to render his/her services and fulfill their obligations towards their patients using their best efforts, skill and ability.
4.7.15 Practitioner agrees and understands that some or all his/her may be made available to the general public through the Doctor or Health Experts App or otherwise by the Company and that he/she has no objection to the same.
4.7.16 Practitioner hereby agrees to assign to PregBuddy in perpetuity all intellectual property rights residing in the responses provided by him/her for use by PregBuddy worldwide.
4.7.17 Practitioner hereby agrees not to seek the contact details of any User or to contact any User except through the Doctor or Health Experts App.
4.7.18 Any communication sent by or through PregBuddy to the Practitioner is based solely on information uploaded by the Users. PregBuddy 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.
4.8 PregBuddy HealthFeed
4.8.1 PregBuddy HealthFeed is an online content platform available on the website, wherein Practitioners who have a PregBuddy profile and Users who have a health account can login and post health and wellness related content.
4.8.2 A Practitioner can use HealthFeed by logging in from their profile, creating 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 PregBuddy's servers. The Practitioner can upload their own images or choose an image from the gallery that PregBuddy provides. PregBuddy shall post such Content to PregBuddy HealthFeed at its own option and subject to these Terms and Conditions. The Content uploaded via PregBuddy HealthFeed does not constitute medical advice and may not be construed as such by any person.
4.8.3 The Practitioner acknowledges that they are the original authors and creators of any Content or comments uploaded by them via PregBuddy HealthFeed and that no Content or comment uploaded by them would constitute infringement of the intellectual property rights of any other person. PregBuddy 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 PregBuddy from and indemnify PregBuddy 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 PregBuddy HealthFeed. The Practitioner also agrees to absolve PregBuddy from and indemnify PregBuddy against all claims that may arise as a result of any third party intellectual property claim if the Practitioner downloads an image from PregBuddy's gallery and utilizes it for his/her personal or commercial gain.
4.8.4 The Practitioner hereby assigns to PregBuddy, in perpetuity and worldwide, all intellectual property rights in any Content or comment created by the Practitioner and uploaded by the Practitioner via PregBuddy HealthFeed.
4.8.5 PregBuddy shall have the right to edit or remove the Content and any comments in such manner as it may deem fit at any time.
4.8.6 The Practitioner may also use PregBuddy HealthFeed in order to view original content created by Users or other Practitioners and also create and upload comments on such Content including their own content where allowed.
4.8.7 Practitioner acknowledges that the content on PregBuddy HealthFeed reflects the views and opinions of the authors of such content and does not necessarily reflect PregBuddy's views.
4.8.8 Practitioner agrees not to post any comments or upload any Content which are defamatory, obscene, objectionable or in nature and PregBuddy 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 PregBuddy from and indemnify PregBuddy 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 PregBuddy HealthFeed.
5.RIGHTS AND OBLIGATIONS RELATING TO CONTENT
5.1 As mandated by Regulation 3(2) of the IG Rules, PregBuddy hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which the User does not have any right to;
ii. 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;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. impersonate another person;
viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
5.2 Users are also prohibited from:
i. violating or attempting to violate the integrity or security of the Website or any PregBuddy Content;
ii. 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 PregBuddy;
iii. intentionally submitting on the Website any incomplete, false or inaccurate information;
iv. making any unsolicited communications to other Users;
v. 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;
vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
vii. copying or duplicating in any manner any of the PregBuddy Content or other information available from the Website;
viii. framing or hot linking or deep linking any PregBuddy Content.
ix. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
5.3 PregBuddy, 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. PregBuddy 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.
5.5 PregBuddy 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 PregBuddy 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 PregBuddy as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between PregBuddy or any person on its behalf and the User or where the User has consented to data transfer.
PregBuddy respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
6.1 PregBuddy 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,
i. Such User breaches any terms and conditions of the Agreement;
ii. A third party reports violation of any of its right as a result of your use of the Services;
iii. PregBuddy is unable to verify or authenticate any information provide to PregBuddy by a User;
PregBuddy has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
iv. PregBuddy believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for PregBuddy or are contrary to the interests of the Website.
6.2 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 hesheit has continuous backup of any medical services the User has rendered in order to comply with the User's record keeping process and practices.
7.LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall PregBuddy, or any of its directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User's provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
i. provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
ii. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
iii. any unauthorized access to or alteration of your transmissions or data; or
iv. any other matter relating to the Website or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User's use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
8.RETENTION AND REMOVAL
PregBuddy 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.
9.APPLICABLE LAW AND DISPUTE SETTLEMENT
9.1 You agree that this Agreement and any contractual obligation between PregBuddy and User will be governed by the laws of India.
9.2 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 PregBuddy. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. 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.
9.2 Subject to the above Clause 9.2, the courts at Bengaluru 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.
10.CONTACT INFORMATION GRIEVANCE OFFICER
10.1 If a User has any questions concerning PregBuddy, the Website, this Agreement, the Services, or anything related to any of the foregoing, PregBuddy customer support can be reached at the following email address: firstname.lastname@example.org.
10.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: Name: Subhadeep Mondal Designation: Director Address: Plot No.3, Industrial Layout, Koramangala, Bangalore, Karnataka, India, 560034; Email: email@example.com Telephone: +91-9632985760 (Ask to be connected to the Grievance Officer). In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
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.
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 PregBuddy. Any consent by PregBuddy to, or a waiver by PregBuddy 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.