Prudas Technologies Private Limited ("Prudas") provides an online healthcare and medication management platform available on https://www.prudas.com, https://www.spiralshealth.com, https://www.spiralshealth.com, and mobile applications (App) (collectively “the Services”). The platform connects patients (Patients) with doctors and other health care professionals (Medical Practitioner) and pharmacies (Pharmacies) and allows Patients to access medical services including to:
Patients, Medical Practitioner and Pharmacies and other users of the Site are Users.
These Terms and Conditions (Terms) form a binding legal agreement between Prudas and each Medical Practitioner using the Site, App and Services. By accessing and using the Site, the App and the Services, each Medical Practitioner agrees to comply with and be legally bound by these Terms.
The Medical Practitioner’s use of the Site, the App and the Services indicates that:
Patients, Medical Practitioner and Pharmacies and other users of the Site are Users.
If this is not correct, or if the Medical Practitioner does not agree to these Terms, the Medical Practitioner is not permitted to use any of the Services.
Prudas may amend these Terms at any time without notice. Use of our Services following any such amendments will be deemed to be confirmation that the Medical Practitioner accepts those amendments. Prudas recommends that each Medical Practitioner check the current Terms, before continuing use of the Services. Only Prudas’s authorised agents, employees and third parties have authority to change the Terms.
a. The Prudas platform does not provide healthcare services itself and takes no part in your medical diagnosis and/or treatment. By accessing or using the Site, you acknowledge that Medical Practitioner and Pharmacies are not employees, contractors, partners or agents of Prudas. Prudas’s responsibilities are limited to facilitating the availability of the Site, the App and the Services. b. Any arrangement between a Patient and a Medical Practitioner or Pharmacy is solely between the Patient and Medical Practitioner or Pharmacy. It is strictly and expressly not part of the User’s agreement with Prudas. c. Prudas has no control over the conduct of Patients, Medical Practitioner or Pharmacies and any other user of the Site, the App and the Services. Prudas disclaims all liability in this regard, as set out in these Terms. d. Medical Practitioner consultations: Patients can enter the details of their healthcare needs on the App or Site and they will be provided with a list of Medical Practitioner and their availabilities. Patients will request a consultation with the Medical Practitioner of their choice. The Medical Practitioner will confirm or reject the consultation request. If necessary, Patients can reschedule and cancel consultations. At the time of the scheduled consultation, the Medical Practitioner will ring the Patient via the App or Site or Mobile and provide the virtual and/or real consultation. If appropriate, Medical Practitioner may provide Patients with prescriptions, medical certificates, referrals or other documentation to be sent to the Patient through the Prudas platform communication channel or available in the Patient’s account. e. Pharmacy Services: Patients may use Prudas to request Pharmacies to fulfil prescriptions and to process their orders as required. Patients can either order their prescription, medication or other pharmaceutical products online, and collect the medication from the relevant Pharmacy or request delivery of their medication or other pharmaceutical products. f. Other Prudas Services: Patients may use Prudas to ask initial, non-emergency, general health questions and to receive an answer from a Medical Practitioner or to schedule medication reminders to be sent to them as well as any other services which may be added with further upgrades to the Site and App.
a. Each Medical Practitioner may only have one (1) Account on the Site and App. Medical Practitioner will apply to Prudas with their details and will be contacted by Prudas to provide further information and paperwork before being, if approved, accepted to the platform and granted an Account. b. Each Medical Practitioner agrees to provide accurate, current and complete information during the registration and approval process as well as throughout the term of use of Prudas by the Medical Practitioner and to update such information to keep it accurate, current and complete. Prudas reserves the right to suspend or terminate any Medical Practitioner ’s Account and his/her access to the Site, App and Services if any information provided to Prudas proves to be inaccurate, not current or incomplete. c. Medical Practitioner authorise Prudas to display information relating to them for marketing purposes including to allow Patients to search and book them through the Site. d. To keep information secure and confidential, Prudas uses SSL Certificates to establish an encrypted link between a server and a Medical Practitioner and a Patient. Further information on the storage and security of personal information can be found in our Privacy Policy and Website Terms of Use. e. It is the Medical Practitioner’s responsibility to keep their Account details, username and password confidential. The Medical Practitioner is liable for all activity on its Account. The Medical Practitioner agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions. f. The Medical Practitioner will immediately notify Prudas of any unauthorised use of its Account.
a. Each Medical Practitioner should report to Prudas, any activities or requests of Users which are, or which the Medical Practitioner reasonably believes to be: a. suspicious; b. inconsistent; c. illegal; or d. likely to have a negative effect on the reputation of Prudas, the Site, the App, Services and/or a User.
b. Each Medical Practitioner acknowledges and agrees that while the Site allows Users to communicate with each other in certain respects, Medical Practitioners are not permitted to share the contact information of other Users.
c. Each Medical Practitioner represents and warrants that any content that it provides or posts:a. will not breach any agreements it has entered into with any third parties; b. will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Medical Practitioner in its local area and country; and c. will not conflict with the rights of third parties.
d. Medical Practitioner must maintain required licences and authorisations to practice medicine and telemedicine consultations or the speciality for which they will provide consultations.
e. Medical Practitioner must maintain professional liability insurance that covers health, telehealth via our platform and cyber insurance to cover any loss of data or other cyber related issues, must have no criminal convictions, must be of stable mental state and must have sound technical and computer knowledge.
f. Medical Practitioner must follow the Indian Medical Association’s guidelines for the practice of medicine or any other applicable professional body guidelines and all other laws applicable to them including ensuring the privacy of information and patient privacy during the consultation and in relation to written records as well as any guidelines on any maximum number of consultations allowed per day.
g. For the avoidance of doubt, Prudas assumes no responsibility for a Medical Practitioner’s compliance with any applicable laws, rules and regulations.
h. Medical Practitioner are responsible for all advice they give during Patient consultations as well as any other communication, suggestions, treatments, diagnosis or lack thereof.
i. Medical Practitioner must pay all costs relating to their use of Prudas (including internet costs and computer costs).
j. Prudas reserves the right, at any time and without prior notice, to remove or disable access to any Account for any reason, including Accounts that Prudas, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, the App or Services.
k. Medical Practitioner must complete any training or continuing education which Prudas, at its sole discretion, considers necessary and will provide evidence of completion of the training or continuing education.
l. During the term of these Terms and for one year after termination of these Terms between the Medical Practitioner and Prudas, Medical Practitioner must not (i) contact any Patients who were introduced to the Medical Practitioner by Prudas and (ii) compete with Prudas, enter into business arrangements, advise, work for, consult with, provide services to, or in any way assist a competitor of Prudas (who were competitors at the date of termination of these Terms between the Medical Practitioner and Prudas or within the 12 months prior).
m. Users acknowledge that they will not record video/audio of any Services without written consent from both Prudas and the relevant Medical Practitioner.
n. n. If a Medical Practitioner does not find a telemedicine or medicine consultation as beneficial to the patients’ health, they will, at their judgement, offer the Patient alternative means of obtaining the required health care. Medical Practitioner will not exploit a Patient or conduct unnecessary medicine consults through Prudas for issues, symptoms or conditions they know or think may not be able to be diagnosed or treated via Prudas from the consultation request details of the Patient. Medical Practitioner also work in full autonomy with their information collection, symptom checking, diagnosis and possible treatments. Medical Practitioner are not obligated to provide any demand requested by the Patient, unless where the Medical Practitioner believes to be within the medical guidelines and is appropriate for the Patient’s care.
a. a. Medical Practitioner who register on the Site will be required to pay, in advance, a monthly/yearly membership fee (Membership Fee). Medical Practitioner acknowledge and agree that: a. to maintain a membership, payment will be made to Prudas on a monthly payment date, from the debit or credit card that the Medical Practitioner has provided; and b. if Prudas is unable to take payment from the debit or credit card, Prudas will attempt to contact the Medical Practitioner via email as soon as Prudas is aware of the payment failure.
b. Until payment is confirmed, the Medical Practitioner will not be able to use the Site.
c. Medical Practitioner agrees that where a Membership Fee is payable, payment will automatically be deducted on the payment date. If a Medical Practitioner wishes to cancel their registration or deactivate an Account, he or she must do so prior to the payment date.<
d. Medical Practitioner will receive payment for their services directly from Patients via a third party payment processor as set out on the Site and App. Prudas may make available to Patients a receipt and/or tax invoice for consultations purchased from a Medical Practitioner via Prudas.
e. Goods and Services Tax (GST) will be charged where applicable.
f. The Medical Practitioner must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means.
g. In the absence of fraud or mistake, all payments made are final and the Medical Practitioner shall not have the right to cancel its purchase for any reason and further each Medical Practitioner agrees to satisfy all such payments made, with exception to action taken under the Refund Policy set out in these Terms.
h. If the Medical Practitioner makes a payment by debit or credit card, the Medical Practitioner warrants that the information provided to Prudas is true, accurate and complete, that the Medical Practitioner is authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that the Medical Practitioner will maintain sufficient funds in the account to cover the purchase price.
i. Nothing prevents Prudas from taking any action necessary to recover any unpaid fees. If the Medical Practitioner fails to pay, the Medical Practitioner’s information will be passed on for collection and or legal action. The Medical Practitioner acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If the Medical Practitioner at any time exceeds Prudas’s payment terms and as a result are passed on for collection and or legal action, Prudas may place a default against the Medical Practitioner with a credit reporting agency.
j. Prudas’s pricing structure or payment methods may be amended from time to time at its sole discretion. After a pricing change, each Medical Practitioner has the choice to continue using the Site and App, or to cease to use the Site or App without penalty.
a. Prudas may, from time to time, make offers or promotions which may be applicable to the Services.
b. The conditions of such offers or promotions will be specified on the Site or App.
c. The Medical Practitioner acknowledges and agrees that Prudas may, at its sole discretion, remove or extend any offers or promotions, and Prudas will not be responsible or liable for any potential loss or damage which the Medical Practitioner incurs as a result of the removal or extension of any offers or promotions.
a. By using our Site, App and Services, each Medical Practitioner agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a Medical Practitioner, Patient, Pharmacy, or other third party, will be limited to a claim against the Medical Practitioner, Patient, Pharmacy or other third party, who caused harm to him or her. Prudas encourages Users to communicate directly with the relevant Medical Practitioner, Patient, Pharmacy or third party to resolve any disputes.
b. Prudas provides an online dispute resolution process for Patients, Medical Practitioner and Pharmacies. Relevant parties will have the opportunity to provide evidence and documentation to prove their claim and Prudas may make determinations at its sole discretion. Any Prudas decision will be final.
c. Prudas welcomes feedback from Medical Practitioner. Prudas seeks to resolve concerns quickly and effectively. If any Medical Practitioner has any feedback or questions about the Services, please submit your feedback via the feedback or review pages in your Account or contact Prudas at the email at the end of these Terms. Prudas will have exclusive ownership of all rights to any comments, reviews, suggestions or other feedback regarding Prudas transmitted through any medium, collectively, Feedback. Prudas will not be required to treat any Feedback as confidential and will be entitled to use Feedback for any commercial or other purpose whatsoever without compensation.
c. If there are any complaints from a Medical Practitioner, Prudas will aim to respond and provide a suitable solution within 45 days. If a Medical Practitioner is not satisfied with Prudas’s response, the Medical Practitioner and Prudas agree to the following dispute resolution procedure: a. The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Medical Practitioner and Prudas agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting). b. If the dispute is not resolved by this exchange of correspondence, then representatives of each Party with full settlement authority shall meet at a mutually agreeable time and place in New Delhi, India within ten (10) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt in good faith to resolve the dispute. If the dispute is not resolved by these negotiations, the matter will be submitted to a mutually agreeable and recognized mediation service prior to initiating legal action. Any such mediation shall be conducted in New Delhi, India and the costs of the mediation service shall be shared equally by the Parties.
a. If a Medical Practitioner wishes to cancel its registration, it will need to do so in writing by contacting us at the email address at the bottom of these Terms.
b. No refunds will be made upon cancellation except as specified in the Refund Policy set out in these Terms.
a. Certain legislation including the Consumer Protection Act, 1986 and similar consumer protection laws and regulations may confer the Medical Practitioner with rights, warranties, guarantees and remedies relating to the provision of Services by Prudas to the Medical Practitioner which cannot be excluded, restricted or modified ( Statutory Rights).
b. If the Medical Practitioner is a consumer as defined in the Consumer Protection Act, 1986, the following notice applies to the Medical Practitioner from Prudas: “Prudas guarantees that the Services supplied to the Medical Practitioner are rendered with due care and skill; fit for the purpose that Prudas advertises, or that the Medical Practitioner has told Prudas he, she or it is acquiring the Services for or for a result which the Medical Practitioner has told Prudas he, she or it wishes the Services to achieve, unless Prudas considers and discloses that this purpose is not achievable; and will be supplied within a reasonable time. To the extent Prudas is unable to exclude liability; Prudas’s total liability for loss or damage suffered or incurred by the Medical Practitioner from the Services is limited to Prudas re-supplying the Services to the Medical Practitioner, or, at Prudas’s option, Prudas refunding to the Medical Practitioner the amount he, she or it has paid Prudas for the Services to which his, her or its claim relates.”
c. Nothing in these Terms excludes a Medical Practitioner’s Statutory Rights as a consumer under the Consumer Protection Act. Each Medical Practitioner agrees that Prudas’s liability for Services provided to Medical Practitioner who are defined as consumers is governed solely by the Consumer Protection Act and these Terms.
d. Prudas excludes all conditions and warranties implied by custom, law or statute except for the Medical Practitioner’s Statutory Rights. Except for the Medical Practitioner’s Statutory Rights, all material and work is provided to the Medical Practitioner without warranties of any kind, either express or implied, and Prudas expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
a. Patients may cancel or reschedule confirmed consultations with Medical Practitioner up to one hour prior to the schedule start of the consultation or unconfirmed consultations without cancellation fee. If a Patient cancels or reschedules within one hour of the scheduled confirmed consultation, the booking fee for the consultation will be forfeited. If a Medical Practitioner misses a scheduled consultation by more than 30 minutes, the Patient will be entitled to refund of the booking fee.
a. All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site, the App and Services, the layout, appearance and look of the Site and App, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site or App is owned, controlled or licensed to Prudas (or its affiliates and/or third party licensors as applicable).
b. The User agrees that, as between the User and Prudas, Prudas owns or holds the relevant licence to all Intellectual Property rights in the Site, the App and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site, App and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Prudas or the owner of the content.
c.Some Intellectual Property used in connection with the Site, App and Services are the trademarks of their respective owners (collectively Third Party Marks).
d. Prudas’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Prudas or the applicable trademark holder or Intellectual Property owner.
e. Users of the Site and App do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Prudas or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.
a. Subject to these Terms, Prudas grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site, App and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site, App and Services in any other way or for any other purpose. All other uses are prohibited without Prudas’s prior written consent.
b. The right to use the Site, App and Services is licensed to the User and not being sold to the User. A User has no rights in the Site, App and Services other than to use it in accordance with these Terms.
c. This Agreement and User Licence governs any updates to, or supplements or replacements for the Site, App and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
a. The Medical Practitioner will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App and Services, or Intellectual Property.
b. The Medical Practitioner is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site, App and Services.
c. The Medical Practitioner must not post, upload, publish, submit or transmit any content that: a. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; b. is fraudulent, false, misleading or deceptive; c. enigrates Prudas, the Site, the App, Services, Patients, Medical Practitioner or Pharmacies; d. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; e. is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; f. is violent or threatening or promotes violence or actions that are threatening to any other person; or g. promotes illegal or harmful activities or substances.
a. Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any Intellectual Property on or through the Site, App and Services, the User grants to Prudas a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site, App and Services. If Prudas uses any User Content, it will be in strict compliance with our Privacy Policy.
b. illegal; a. it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site, App and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Prudas the rights in such User Content or Intellectual Property, as contemplated under these Terms; and b. neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Prudas’s use of the User Content (or any portion thereof) on, through or by means of the Site, App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Prudas may at its sole discretion remove any User Content that is offensive or in breach of these Terms.
a. Prudas does not guarantee that healthcare services or prescription fulfilment services will be requested by any Patients, nor does Prudas guarantee that Patients will be able to find desirable Medical Practitioner or Pharmacies.
b. Prudas does not endorse any Medical Practitioner, Pharmacy or Patient. Prudas requires Medical Practitioner and Pharmacies to confirm that they have provided accurate information. Prudas performs some background searches on Medical Practitioner but cannot be held responsible for any inaccurate or false information provided by a Medical Practitioner.
c. Users acknowledge that Prudas is designed for English communicating users and Prudas is not responsible for any language misunderstandings during the Services.
d. Prudas accepts no responsibility for and makes no representations or warranties to any User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site or the App. Prudas disclaims any and all liability related to any and all Patients, Medical Practitioner, Pharmacies and any related services.
e. By using the Site, App or Services, each User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of Medical Practitioner, Patients, Pharmacies or other third parties will be limited to a claim against the Medical Practitioner, Patients, Pharmacy or other third party who caused it harm.
f. To the fullest extent allowable under applicable law, Prudas disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site, App or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
g. For the avoidance of doubt, Prudas is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. Prudas advises that all Medical Practitioner using the Site, App and Services should seek advice in relation to these matters.
h. Each Medical Practitioner, Patients, Pharmacy who uses the Site, App and the Services does so at their own risk.
a. To the extent permitted by law, Prudas’s total liability arising out of or in connection with the Site, the App, the Services or the Terms, however arising, including under contract, tort, negligence, in equity, under statute or otherwise, is limited to Prudas re-supplying the Services to the Medical Practitioner, or, at Prudas’s option, Prudas refunding to the Medical Practitioner the amount it paid for the Services to which its claim relates. Prudas’s total liability to the Medical Practitioner for all damages in connection with the Services will not exceed the price paid by the Medical Practitioner under these Terms for the 12 months period prior to the act which gave rise to the liability, or one Thousand Rupees (INR 1, 000/-) if no such payments have been made.
b. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Prudas and the Medical Practitioner. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the Medical Practitioner.
c. This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Prudas.
a. Each Medical Practitioner agrees to defend and indemnify and hold Prudas (and Prudas’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the Medical Practitioner ’s use of or access to the Services; any breach by the Medical Practitioner of these Terms; any wilful, unlawful or negligent act or omission by the Medical Practitioner; and any violation by the Medical Practitioner of any applicable laws or the rights of any third party.
b. Prudas reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Medical Practitioner, in which event the Medical Practitioner will cooperate in asserting any available defences.
c. This defence and indemnification obligation will survive these Terms and the Medical Practitioner’s use of the Site, App or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the Medical Practitioner, but may be assigned by Prudas without restriction.
a. Accuracy: While Prudas will endeavour to keep the information up to date and correct, Prudas makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site or App for any particular purpose. The Medical Practitioner hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Prudas expressly excludes any liability for such to the fullest extent permissible by law.
b. Termination: Prudas reserves the right to refuse supply of the Services required by any Medical Practitioner, terminate any Medical Practitioner’s Account, terminate its contract with any Medical Practitioner, and remove or edit content on the Site or App, if the Medical Practitioner commits a non-remediable breach or a remediable breach that is not remedied within 5 days, in its sole discretion. If Prudas decides to terminate a Medical Practitioner’s Account any of the following may occur, with or without notice to the Medical Practitioner: (a) the Medical Practitioner’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, App, Services, its Account or its User Content; (b) any pending or future consultations will be immediately terminated; (c) Prudas may communicate to the relevant Patient that the consultation has been cancelled; (d) Prudas may refund the Patient in full, regardless of the cancellation and refund policy; and (e) the Medical Practitioner will not be entitled to any compensation for consultations that were cancelled as a result of a suspension, deactivation or termination of their Account.
c. Fraudulent Activities: Prudas reserves the right to refuse supply of the Services required by any Medical Practitioner, terminate any Medical Practitioner’s Account, terminate its contract with any Medical Practitioner, and remove or edit content on the Site or App, if the Medical Practitioner commits a non-remediable breach or a remediable breach that is not remedied within 5 days, in its sole discretion. If Prudas decides to terminate a Medical Practitioner ’s Account any of the following may occur, with or without notice to the Medical Practitioner : (a) the Medical Practitioner ’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, App, Services, its Account or its User Content; (b) any pending or future consultations will be immediately terminated; (c) Prudas may communicate to the relevant Patient that the consultation has been cancelled; (d) Prudas may refund the Patient in full, regardless of the cancellation and refund policy; and (e) the Medical Practitioner will not be entitled to any compensation for consultations that were cancelled as a result of a suspension, deactivation or termination of their Account.
d. Force Majeure: Prudas will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
e. Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
f. Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Prudas of any of the Terms shall be effective unless Prudas expressly states that it is a waiver and Prudas communicates it to the Medical Practitioner in writing.
g. Assignment: A Medical Practitioner must not assign any rights and obligations under the Terms whether in whole or in part without Prudas’s prior written consent.
h. Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
i. Jurisdiction and Applicable Law: These Terms, use of this Site, the App, the Services and any dispute arising out of any Medical Practitioner’s use of the Site, App or Services is subject to the laws of New Delhi, India, and subject to the exclusive jurisdiction of the New Delhi courts. The Site and App may be accessed throughout India and overseas. Prudas makes no representation that the content of the Site and App complies with the laws (including intellectual property laws) of any country outside India. If a Medical Practitioner accesses the Site or App from outside India, it does so at its own risk and are responsible for complying with the laws in the place where he/she accesses the Site or App.
j. Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Prudas and each Medical Practitioner , and supersede any prior agreement, understanding or arrangement between Prudas and each Medical Practitioner , whether oral or in writing.
For questions and notices, please contact: Prudas Technologies Pvt. Ltd. Phone: +91 - 8766262745 Fax: Email: info@spiralshealth.com Last update: June 2018