Positra Healthcare Private Limited (“Positra”) is the author and publisher of the website https://www.positra.com (the “Site”). Positra owns and operates the services (“Services”) provided through the Site.
Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.positra.com/privacy-policy (“Privacy Policy”) before you decide to access the Site or avail the Services made available on the Site by Positra. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Positra in connection with your visit to the Site and your use of the Services.
The terms (“You”, “Your”, “Yourself” or “End-User”) refer to You as the user (irrespective of whether You are a Registered User or a Non-Registered User or a Provider) and the terms (“Positra”, ”We”, “Us”, “Company”, or “Our”) refer to Positra Healthcare Private Limited. The terms apply to those Services made available by Positra which includes but is not limited to:
I. Find service providers by name, location, specialization, and symptoms via text or voice input.
II. Schedule appointment for video or in-person consultations with service providers online or over phone.
III. Consult service provider over video.
IV. Ask medical questions (via text, voice, and video) privately to specific service providers or in a public forum.
V. Create and maintain health profiles of self, family and friends.
VI. Connect wearables and smart devices, and assimilate data generated from them into health profiles.
VII. Share health-related data (such as prescriptions, diagnostic reports, encounter notes) in a healthcare ecosystem consisting of authorized service providers, family members, and friends.
VIII. Generate actionable insights from health data employing Positra's proprietary machine learning engine.
Service provider shall mean any service provider in the healthcare ecosystem including physicians (doctors), hospitals, laboratories, pharmacies, wellness centers, restaurants, and medical insurance companies. The Services may change from time to time, at the sole discretion of Positra, and the Terms will apply to your visit to and your use of the Site to avail the Services, as well as to all information provided by you on the Site at any given point in time.
The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You. 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 Site 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 Site or avail any Services.
Your access to use of the Site and the Services will be solely at the discretion of Positra. 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”).
You must be 18 years of age or older to use the Site and the Services available throughout the Site. By using this Site or accepting this Privacy Policy, you represent and warrant to Positra that you are 18 years of age or older, and that you have the right and authority to use the Site and the Services, and agree to and abide by this Privacy Policy. If Positra learns that it has received any Personal Information from anyone who is not at least age 18, We will remove that Personal Information from Positra’s database.
I. In case of cancellation or non-confirmation of the appointment by Positra due to any reasons, three options are available to the patient:
a. The patient may ask for rescheduling the appointment with the provider, or
b. The patient may claim a refund of the advance payment, or
c. The advance payment may be added as credit in the account of the patient and be adjusted in due course for future consultations.
II. In case the patient misses or cancels the appointment, he shall not be entitled to any refund.
III. In case the patient's credit card/debit card/payment account has been accidentally overcharged, please notify Positra of the same at the earliest. In case of over-charging, the patient has the following options:
a. He may claim a refund of the outstanding amount. In such a scenario, Positra shall make all endeavours to refund the amount within 7-14 working days.
b. The outstanding amount may also be credited to the account of the patient so as to be adjusted in future consultations of himself or of any other person.
IV. The refund shall be made by e-banking or by demand draft or by other such mode other than cash, depending upon the suitability of both, Positra and the patient.
V. For claiming refund, the patient should necessarily have the valid invoice of the consultation(s), so as to be able to get the refund.
I. You may be provided with links on the Site that direct You to third party websites / applications / content or service providers.
II. Positra does not endorse any Third Party Websites that You may be directed to from the Site.
III. Links to such Third Party Websites are provided for Your convenience only. Please exercise Your independent judgment and prudence when visiting / using any Third Party Websites via a link available on the Site. Should You decide to click on the links to visit such Third Party Website, You do so at Your own discretion.
IV. The Third Party Websites are not under the control of Positra. Please note that Positra is not responsible for the privacy practices of such Third Party Websites.
In no event, including but not limited to negligence, shall Positra, 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 Site or the content, materials and functions related thereto, the Services, User’s provision of information via the Site, 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 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 Site or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
Positra reserves the right to suspend or terminate a User’s access to the Site 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. Positra is unable to verify or authenticate any information provided to Positra by a User;
III. Positra has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
IV. Positra believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Positra or are contrary to the interests of the Site.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Site 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 Site by such User.
I. You agree that this Agreement and any contractual obligation between Positra and User will be governed by the laws of India.
II. Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or to 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 Positra. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be Chennai, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
III. The courts at Chennai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Site or the Services or the information to which it gives access.
If any provision of these Terms is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use. However, the remainder of these Terms 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 these Terms shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law.
All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
Positra Healthcare Private Limited
1st Floor, Lakhi Mandir Complex
Beltola, Guwahati
Assam - 781028, India
No term of these Terms shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Positra. Any consent by any Positra to, or waiver of a breach by the you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
You acknowledge:
I. Having fully read these Terms in its entirety;
II. Having had full opportunity to study and review these Terms;
III. Having been advised that counsel for us has acted solely on our behalf in connection with the negotiation, preparation, and execution of these Terms;
IV. Having been advised that all parties have the right to consult and should consult independent counsel respecting their rights and duties under these Terms;
V. Having had access to all such information as has been requested.
You have read these Terms and agree to all of the provisions contained above.
Date Last Updated: November 13, 2017.
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