Terms of Service & Privacy Policy -

Terms of Service & Privacy Policy

These Terms of Use together with the Privacy Policy which are incorporated herein by way of reference (“these Terms”) govern the access or use of the website www.parashospitals.com (“the Website”) and the application known as ‘Paras Health Mate’ (hereinafter referred to as App), the application is available for download on your communication device (“Application” or “App”) together with all the content, tools, facilities and services made available through the Website or the App (collectively “the Service”). Therefore, please read these Terms very carefully.

By clicking the box indicating acceptance of these Terms, you are indicating that you have read and understood these Terms and agree that these Terms constitute a legal and binding agreement between you and Paras Healthcare Private Limited (hereinafter referred to as Paras), (“we”, “us” or “our”). If you do not understand the Terms or if these Terms or any part of these Terms is not acceptable to you, please do not access or use the Service or any part thereof. In these Terms, “you” / “yours” / “yourself” denotes the natural person who accesses/uses the Service or any part thereof.

We reserve the right to update or modify these Terms at any time in our sole discretion without any prior notice to you. If we update or modify these Terms, we will post the revised version of these Terms on the Website / App and such revision shall become effective immediately on such posting. It is your responsibility to review these Terms periodically for updates/modifications. Your continued access or use of any of the Service after any revision becomes effective shall be deemed to constitute your acceptance and agreement to be bound by the revised Terms.

Eligibility & Registration

  • The access/use of the Service is meant only for persons who are competent to contract as per the Indian Contract Act, 1872. If you are not ‘competent to contract’ as per the aforementioned law (i.e. if you have not attained age of 18 years according to the law to which you are subject, if you are not of sound mind or if you are disqualified from contracting by any law to which you are subject), you should not register or access/use the Service or any part thereof. If the law applicable to you does not allow you to receive the Services in your territory, you should not use this Service. If you are the parent/legal guardian/authorised person acting on behalf of a patient, you should disclose the same to us and by registering with us or accessing/using the Service on behalf of your ward, you affirm that you have the full and proper authority to represent the patient and accept these Terms on his/her behalf.
  • To avail of all the features of the application, you must download the App from ‘Google Play’ or ‘Apple Store’ (which are third-party applications, the use and access of which will be subject to Google’s Terms of Service or Apple’s Terms and Conditions respectively) and install the App onto your communication device.
  • Once you successfully install the App on your communication device, you may be required to authenticate your identity using a one-time password (“OTP”) as a confirmation code, which will be transmitted to your mobile number provided to us when you seek to register with us through the short message service (“SMS”). If you cannot provide the OTP when required to do so or the authentication through the OTP fails, you may not be able to register with us and/or avail of the Service.
  • When you register with us and/or access or use the Service, you confirm that you have provided accurate, current and complete information about yourself and that you will keep all such information current, complete and accurate at all times for as long as you use the Service. All the data and information that you provide or that is collected from your access/use of the Service shall be treated and protected in accordance with our Privacy Policy, which is deemed a part of these Terms.
  • You may not use anyone else’s account at any time. You understand that anyone with access to your communication device may use your account and therefore, you should ensure that you have appropriate security measures on your communication device to prevent unauthorized use of your account with the Service. You will be solely responsible for any and all activities that occur under your account with us and we will not be liable for any loss or damage that may occur as a result of someone else using the Service through your account with us or obtaining your personal information from your communication device, either with or without your knowledge. If you become aware of any unauthorized use of your account with us, please notify us by writing to  contact@parashospitals.com and we will initiate action to stop further access under the said account.
  • We reserve the right to terminate your registration and/or refuse to register you or to provide you with access to the Service, without notice, if we have reasonable cause to believe that you are in violation of or are likely to violate these Terms.

Grant of License & Reservation of Rights

  • We grant you a non-exclusive, personal, non-transferable, revocable, right and licence, subject always to these Terms to access/use the Service solely for your personal, non-commercial use.
  • Except for the limited rights and license granted to you by these Terms, all rights in the Service (including all intellectual property rights therein or underlying the same, including in the Website and the App) are reserved by us.

Not for Medical Emergencies & Not a replacement for your Primary Care Physician

  • The Service we provide is NOT for medical emergencies, for life threatening conditions or for when you need acute care. You should not disregard or delay to seek medical advice from your physician based on anything that appears or is provided to you by or through the Service.
  • The consultation provided to you by medical practitioners through the Communication Tools are not intended to replace your relationship with primary care physician and you should continue to consult with your primary care physician and other health care professionals as needed / recommended. You should seek emergency help or follow-up care when recommended by a medical practitioner or when you are of the opinion that such help or care is prudent in your sole opinion.

Limitations of Online Consultation and Informed Consent

  • When you seek consultation with any medical practitioner using the Communication Tools made available through the Service, you understand the limitations and potential risk of online consultations, including but not limited to the inability to carry out a physical examination or other extensive investigations; delays or failure arising from the disruption of communication devices or Communication Tools; the insufficient quality of information transmitted online, lack of access to your medical records or medical history amongst others and the inherent risks of breach of privacy associated with sharing your sensitive personal information or medical information through the Communication Tools. You take full responsibility for ensuring that any information you submit is complete and accurate and understand that the medical practitioner relies solely on information provided by you. We shall not be responsible for any errors in transmission or for the corruption or compromise of any information communicated by you.
  • Without prejudice to the above, a medical practitioner may, in his or her sole discretion and professional judgment, determine that the online consultations through the Service are not appropriate for some or all of your needs and, accordingly, may elect not to provide services to you through the Service.

Restricted Uses

You agree not to use the Website or App to host, display, upload, modify, publish, transmit, update or share any information:

  • That belongs to another person and to which you do not have any right;
  • That is grossly harmful, harassing, blasphemous defamatory, abusive, obscene, pornographic, 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 whatsoever;
  • That infringes any patent, trademark, copyright or other proprietary rights;
  • That violates any law or regulation;
  • That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • That impersonates another person or falsely states or otherwise misrepresents an affiliation with a person;
  • That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
  • That 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.

Payment Terms

We will tell you about applicable charges for any Service and the payment terms presented to you when you use or order a paid Service are deemed part of these Terms of Use. We reserve the right to change our charges and payment terms at any time provided however that the new charges will not be applicable to orders accepted before the change is notified.

Your Data and Information

  • When you register with us and/or access the Service, you will be required to provide certain personal data and information about yourself to us. When you access or use the Service, we also collect and store certain information and data about you and your access/use. Our Privacy Policy which is available here explains what personal information and data we collect and how we treat your personal data and information and protect your privacy. The terms of our Privacy Policy are deemed incorporated in these Terms and forms a part of these Terms. Therefore, please read our Privacy Policy carefully. When you access or use the Service, you consent to the collection and use of your personal data and information in accordance with our Privacy Policy.
  • Notwithstanding anything contained in these Terms, you hereby permit us to store all information you transmit or share using the Communication Tools (including your patient / medical records) and to share the same with medical practitioners who you consult with to enable them to render their medical services to you.

Intellectual Property Rights

You acknowledge and agrees that the materials related to the Service and all its various components on the App or the Website is solely owned by Paras. Except your personal data and information, all information, content and material contained on the Website, the App and/or Service is our intellectual property. No information, content or material from any part of the Service may be copied, reproduced, republished, uploaded, recorded, posted, transmitted or distributed in any way (including by using any automated programs, software, or any other method of screen scraping), except for your personal and non-commercial use, without our express written permission.

Notification of Changes

We reserve the sole and complete discretion with respect to the operation of the Service and we may add, modify, suspend or discontinue any functionality or feature of the Service or any of the services provided by us without any notice to you.

Patient No-Show Policy

Our Patient No-Show (PNS) policy has been put in place to ensure timely healthcare for everyone using our App or website. Here, Patient No-Show means a patient hasn’t turned up on time for an appointment booked through our app or website without canceling or rescheduling.

  • Every PNS captured on the App or website is dealt with seriousness based on past patient behavior. No refund shall be provided in case of PNS. This is done in order to ensure patients understand the importance of a doctor’s time and not misuse the convenience provided by us.
  • At the third valid instance of PNS in last 12 months, patient’s account will be temporarily disabled from booking further online appointments on the app or website for next 4 months. However, the user can continue to call the Hospital to get an appointment.

Disclaimer of Warranties

You expressly acknowledge and agree that your use of the service is solely at your own risk and that you assume full responsibility for all risks associated therewith. All information, products or services contained on or provided through the service are provided “as is”, without any warranty of any kind, express or implied. We do not make any warranty or representation as to the quality, quantity, potency, purity, standard, nature or manner of performance of any of the information, products or services contained on or provided through the service. We hereby disclaim, to the maximum extent permitted by applicable law, all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties title, non-infringement, reliability, accuracy, completeness, timeliness or that the availability of the service will be uninterrupted, timely, secure, or error free.

Limitation & Exclusion of Liability

In no event we will be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, whether or not we have been warned of the possibility of such damages. The platform is controlled and offered by paras. Paras makes no representations or warranties that the platform is appropriate for use in other locations. Those who access or use the platform from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.

Termination

You are solely responsible for all the information you transmit or share using the Communication Tools and we are not obliged to monitor the same. However, we reserve the right to review any information or materials you share using the Communication Tools and to remove (without notice to you) any information or materials that we find, in our sole discretion, violates any applicable law or these Terms. To this extent, you hereby waive doctor-patient confidentiality and expressly authorise us to review all information you transmit or share using the Communication Tools. In the event of non-compliance with the Terms, we may (without notice to you), immediately terminate your registration with us and/or prevent your access or use of the Service.

Governing Law and Jurisdiction

The interpretation of these Terms and the resolution of any dispute relating to your access or use of the Service shall be governed by the laws of India. If any action or other proceeding is brought on or in connection with these Terms or your access or use of the Service, the place of jurisdiction of such action shall be exclusively at Gurgaon to the exclusion of any other court that may otherwise have had such jurisdiction in the matter.

Miscellaneous

If any term or provision of these Terms shall be declared invalid by a court of competent jurisdiction, then such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and the remainder of these Terms shall remain in full force and effect, according to its terms. The failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause. Your right to use the Service is personal to you and you shall not assign or transfer in any manner any of your rights, obligations or interest in these Terms or your subscription to any third party. We may freely assign our rights and obligations hereunder. Should there be any conflict between these Terms and any other notice/communication, the terms and conditions set forth in these Terms shall prevail, to the extent of such conflict. These Terms (including the Privacy Policy and other notices on the Website / the App, which are incorporated and deemed part of these Terms), constitute the entire agreement between us and supersedes all prior agreements regarding the subject matter hereof. When you use the Service and provide any information on or through the Service; or when you click any of the buttons available on the Website or the App; or when you send an e-mail to us, you are communicating with us through electronic records. You hereby consent that such electronic records, whether sent by you or automatically generated by the computer system when you click on any of the buttons available on the Website or the App or the Service, shall be deemed to be communications sent in writing by you.

Privacy Policy

Paras Healthcare Private Limited’ (Paras), the creator of this Privacy Policy ensures its commitment to Your privacy with regard to the protection of your information. This privacy policy contains information about our application( ‘Paras Health Mate’) and our website. In order to provide You with uninterrupted use of our services, We may collect and, in some circumstances, disclose information about you. Such information may be classified as personal information under the purview of Regulation 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.

Any capitalised words used henceforth shall have the meaning accorded to them under this agreement. Further, all heading used herein are only for the purpose of arranging the various provisions of the agreement in any manner. Neither the user nor the creators of this privacy policy may use the heading to interpret the provisions contained within it in any manner.

Definitions

  1. “ We”, “Our”, and “Us” shall mean and refer to the creators of this privacy policy.
  2. “ You”, “Your”, “Yourself” and “User” shall mean and refer to natural and legal individuals who use the Application, including End-Users, Patients, general Users and Practitioners.
  3. “ Application” shall mean and refer to ‘Paras Health Mate’.
  4. “ Personal Information” shall mean and refer to any personally identifiable information that We may collect from You.
  5. “ Third Parties” refer to any application, website, company or individual apart from the User and the creator of the Application.
  6. Service” shall mean all the services provided through app. or website to the patients.

Overview

In order to use the services of this Application or website, You are required to register Yourself by verifying the authorized device. This Privacy Policy applies to your information that we collect and receive on and through our App or website; it does not apply to practices of businesses that we do not own or control or people we do not employ.

By using this Application, you agree to the terms of this Privacy Policy. Please read the following Privacy Policy to understand how your personal information will be treated as you use this Site and its services. The following discloses our information gathering and dissemination practices.

Information Collected

We may collect the following information:

  1. Personal data of the User such as, but not limited to, Your name, Your age, date of birth, occupation and gender;
  2. The User’s e-mail and contact information, GPS based location (if provided)
  3. The User’s tracking Information such as, but not limited to the device ID, Google Advertising ID and Android ID;
  4. The User’s data sent across through the Application or website

As a User of the application, you may provide information about yourself, your spouse or family, your friends, their health issues, gender of the patient, age of the patient, previous medication taken, previous medical conditions, allergies, etc.

We respect the privacy of the users and has made their protection in all activities on the internet highest priority. That means: We commit ourselves to ensuring that we treat all information provided by you with the highest diligence and integrity. Despite regular controls a complete protection against all dangers is, however, not possible.

The Information specified above and collected by us may be classified as ‘Personal Information’ or ‘Sensitive Information’ under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 . Collection of information which has been designated as ‘sensitive personal data or information’ under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules requires your express consent. By affirming your assent to this Privacy Policy, you provide your consent to such collection as required under applicable law.

Refund Policy

  • You are entitled to cancel the bookings made, prior to 24 hours from the appointment date and time. The amount will be refunded within 15 working days from the cancellation request.
  • We use a third party payment gateway for processing payments due to us. The processing of payments will be subject to the terms, conditions and privacy policies of the payment gateway, in addition to these Terms. We don’t control and are not liable for the security or performance of the payment gateway. You agree to pay us, through the payment gateway, all charges at the rates then in effect for any purchase in accordance with the applicable payment terms.

General Terms and Conditions

  • You are requested to be present at least 15 minutes before from the appointment time.
  • We will try to honour all the appointments but in case of unforeseen circumstances beyond our control the appointment may be delayed or rescheduled.
  • The appointment can be rescheduled or cancelled 24 hours before the appointment time. The rescheduling of the appointment can only be done online.
  • In case user is not able to appear for the appointment after booking it online no refund will be processed. We are liable to forfeit the entire amount paid against the aforementioned booking.
  • In case of Video Consultation for any reason whatsoever, the user does not login to their assigned account, the Company is not liable to refund the amount paid against the said consultation.
  • The refund is feasible after proper scrutiny and investigation of the available records by the authorised person of the Company in the following conditions:
  1. In case of poor connectivity of the internet from our side;
  2. Non-availability of the doctors during the given time;
  3. Dissatisfaction of the user with the consultation or with Doctors interaction, the user can request for the refund.

Our Use of Your Information

The information provided by You shall be used to contact You when necessary. For more details about the nature of such communications, please refer to out Terms of Service. We use Your tracking information to help identify you and to gather broad demographic information. The information is also used to customize your experience of using our application or website

Disclosures

We may be required to disclose your Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your personal information in order to comply with our legal obligations, including but not limited to complying with the Court Orders, warrants, subpoenas or other similar legal procedure, or when we believe in good faith that such disclosure is reasonably necessary to enforce these Terms and/or Privacy Policy; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of Paras, our users or the general public; or we are in notice of any criminal activity being conducted via the Platform. You agree and acknowledge that we may not inform you prior to or after disclosures made according to this clause of the policy. If substantially all of our assets are sold or merged into another company, the acquiring company shall be given access to your personal information without your consent. If we sell only a part of our business, the acquiring entity shall have access to your personal information without your consent .

Website Terms

By downloading and / or using our Application or website, you hereby agree to be bound by the Terms of Use , Privacy Policy, and other Policies as set forth on the website www.parashospitals.com. It is hereby further specified that all the Terms and Policies on the Website shall be coterminous to these terms.

Grievance Redressal

If you have any concern or grievance with respect to the Service, please e-mail us at contact@parashospitals.com and we will study the matter and take such action as we deem appropriate under the circumstances.

I have read and understood these Terms of Use (including the Privacy Policy and other notices on the Website / App) and agree to all of the provisions contained therein.

**Terms of Service & Privacy Policy last updated on 18th July 2018