Terms & Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY. BY CONTINUING TO ACCESS AND USE THIS APPLICATION YOU CONFIRM THAT YOU ACCEPT OUR TERMS AND CONDITIONS DESCRIBED HEREIN.
IF YOU DO NOT AGREE THE TERMS OF USE, DO NOT USE THIS APPLICATION.
Welcome to exceldentalcare.co.in platform (defined hereunder). The Application is provided by Prajanaa Welltech Private Limited (“PWPL”).
The terms “You” or “Your” refer to you as the user (irrespective of whether You are a Registered User (defined hereunder), HSP ( Healthcare Service Provider) Registered User (defined hereunder) or a Non-Registered User (defined hereunder)) and the terms “PWPL”, “We”, “Us”, “Company”, “Our” and/or “exceldentalcare.co.in” refer to PWPL. In the event the Application is being used by a person on your behalf, the expression “You” or “Your” or the “User” shall apply to such person as well.
These Terms of Use, Privacy Policy, together with any additional Service specific terms and conditions, other policies which may be applicable to specific portions of the Application and any disclaimers which may be present on the Application are jointly referred to as “Agreement” and constitute the terms of Your access and use of the Application and the Services (defined hereunder). Where any part of the Agreement is modified in accordance with the terms of the Agreement, the Agreement shall be enforceable in its modified form.
The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
THE APPLICATION
PWPL is the author and publisher of the Application, which shall mean the mobile application, website, blog contained therein, queries answered by Our team over email, phone or any other medium and all variants, tools, editions, add-ons, and ancillary products or services of the
Application (including all files and images contained therein or generated by the software, and accompanying data, herein referred to individually or collectively as “Application”). The Application may be used by Users (defined below) to avail Services and/or to find, access, manage and organize information including but not limited to personal or non-personal information, doctor/consultant information, appointments, laboratory and diagnostic tests,, electronic medical records, inventory, accounting details and other relevant
information.
The guidance you receive depends on the accuracy of the information you provide us.
“Registered Users” are users:
who have successfully registered themselves with PWPL through the Application by providing information that is true and accurate, and who can log on to their account on the Application by providing their username and password (“Primary User”); or
whose profile has successfully been created on the Application under the account of a Primary User, by providing information that is true and accurate (“Secondary User”).
“Healthcare Service Providers” or “HSPs” are third parties including qualified doctors, consultants, laboratory service providers, healthcare service providers listed on the Application and who interact with Users as part of the Services.
“HSP Registered Users” are Registered Users whose profile has a unique identification attached to it including but not limited to UHID (unique health identification) or UMR (unique medical record).
HSP Registered Users may not be permitted to access certain areas of the Application.
“Non-Registered Users” are users who have not registered themselves on the Application. Non- Registered Users may not be provided access to certain areas of the Application.
Registered Users, HSP Registered Users and Non-Registered Users shall individually or collectively be referred to as “Users”.
ACCESS AND USAGE RIGHTS OF USERS
Non – Registered User: A Non – Registered User is not permitted to access or make use of the Application for any purpose other than the following permitted use:
To browse the Application without accessing any Services;
HSP Registered Users: A HSP Registered User is only permitted to access and use the Services provided through a particular HSP only or any other limitations and restrictions as are prescribed under the Agreement or may be otherwise communicated to HSP Registered User from time to time through any contact information shared by HSP or HSP Registered User at the time of registration.
Registered User: A Registered User is specifically permitted to:
Enjoy all the access and usage rights of a Non-Registered User;
Access and use the Services subject to such limitations and restrictions as are prescribed under the Agreement or may be otherwise communicated to Registered User from time to time through any contact information shared by such user at the time of registration.
CONTENT
The data and information available on the Application may be categorized as follows:
Data and information generated or provided by Unregistered Users, HSP Registered Users and Registered Users on the Application (“User Content”).
Data and information which PWPL (through itself ) has generated or procured for the Application and includes data and information generated or provided by HSP (“PWPL Content”).
GENERAL TERMS OF USE
All Services will be requested for, and provided to, the User only. The User will be entirely responsible and accountable for the activity on the Application.
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You will use the Application and the features provided on the Application only in relation to and in compliance with all applicable Indian laws. You will not use this Application, or any feature provided on the Application for any purposes not intended under this Agreement.
You will not deliberately use the Application in any way that is unlawful or harms PWPL, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Application.
You will not use the Application for any illegal, immoral, offensive purpose or for any other purpose that may infringe or violate any applicable laws and regulations.
You will not interfere, disrupt or hamper with the proper functioning of the Application.
As a User, You may have access to business sensitive information. You shall not share such
information with PWPL’s direct competitors or use it for competitive purposes, except with PWPL’s prior written consent.
You understand that as part of Your registration process as well as in course of Your use of the Application, You may receive communication from PWPL on Your registered contact information.These communications will relate to Your registration, Services provided by PWPL, transactions that You carry out through the Application and any such information found suitable of Your attention by PWPL. Please note that PWPL will send these communications only to the contact details that You or HSP provide on the Application. It is Your responsibility to ensure that You provide the correct contact details for the transaction You wish to enter. Further, PWPL may also send notifications and reminders to You for the features that You may be using on the Application. By accepting these Terms of Use You provide Us Your consent to collect Your medical records and/or reports from HSP. PWPL may also share the dynamic password with You in order to facilitate the online delivery of your medical report. You hereby consent to receive such communications from PWPL.
You will not share Your log-in details with anyone. You are responsible for maintaining the confidentiality of Your account access information and password. You shall be responsible for all usage of Your account and password, whether or not authorized by You. You shall immediately notify PWPL of any actual or suspected unauthorized use of the Your account or password. PWPL will not be liable for Your losses caused by any unauthorized use of Your account. You may be liable for the losses of PWPL or others due to such unauthorized use.
SERVICES
Use of Services
The Application may be used to access a variety of healthcare and related services. Depending on the status of Your registration and subject to the limitations and restrictions imposed by the
Agreement or by PWPL, You may avail following services through the Application:
Online Consultations (through exceldentalcare.co.in care team doctors and/or HSP);
Lifestyle disorder modification/LIfestyle Disorder prevention program
Diet Programs
Yoga Therapy
Counseling Therapy
Online Consultations
You are advised not to use the exceldentalcare.co.in online consultation services in case of any medical emergencies like accidents, bleeding injuries, burns, sexual abuse/assault, medicolegal cases or if You are in a critical condition.
If You are a Registered User but do not satisfy the above pre-conditions, please do not avail the online consultation services. PWPL will not be responsible or liable for any harm or loss that You may suffer if You select to access those Services.
All Users, who are patients, and who opt for online consultation services, may be required to undergo an initial medical examination to ascertain and record medical history, medication history and medical status before video-consulting support can be provided.
Online consultation services are provided at the express consent by the User and the same shall not be construed as a replacement for physical consultation and the Services are meant for general consultation only. If after online consultation, if it is recommended to undergo any
diagnostic tests or if You are issued with a Prescription, the same are provided based on the
information and preliminary examination, hence the same shall not be treated as accurate, final and conclusive. HSP reserves their rights to modify the prescription or recommended diagnostic tests if the User provides any additional information in future consultation.
Online consultation services may be provided via the following communication channels Call
Center Helplines / Telephones / Mobiles / IM Chats / Online Chats / SMS & Text Chats with and
without camera and video facilities at the sole discretion of PWPL. Reasonable efforts will be made to protect Your privacy and confidentiality across Health Consultation Services.
PWPL’ RIGHTS TO THE APPLICATION AND PWPL CONTENT
PWPL respects the intellectual property rights of others, and We expect the same from You. The Application, User Content and the PWPL Content are protected by applicable intellectual property laws.
PWPL’s Rights to the Application and PWPL Content:
All intellectual property in and to the Application and all software, techniques and processes used in connection with the aforesaid, belongs exclusively to PWPL or its licensors. As a User, You are granted a limited, non-exclusive, non-transferable license to access and use the Application as per the terms of the Agreement. Through Your use of the Application, by no means are any intellectual property rights impliedly or expressly granted by PWPL to You in respect of such works.
PWPL and/or its licensors assert all proprietary rights in and to all names and trademarks contained in the Application. Notwithstanding the generality of the foregoing, the name and logo of “exceldentalcare.co.in” is/are the trademarks and copyright (inclusive of any other applicable intellectual property right) of PWPL and/or its licensors. Any use of such name or logo, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of PWPL and/or its licensors and may be actionable under applicable laws.
Except as stated otherwise in this Agreement, all PWPL Content (including all intellectual property rights to such content) is owned exclusively by PWPL and/or its licensors.
When You use the Application in accordance with this Agreement, a limited royalty-free right is granted to You by PWPL to use PWPL Content only for personal and non-commercial use in India for the term of the Agreement.
Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
Unless expressly authorized by PWPL, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the PWPL Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
Rights in User Content:
You agree that You are the sole owner of all rights (including all intellectual property rights) in the User Content that You post on the Application or provide to PWPL.
To the extent permissible by law, You hereby grant PWPL a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content including the right to copy, distribute, display, reproduce, modify, adapt, the User Content, and create derivative works of the User Content.
USER CONSENT & PRIVACY
You have the option of uploading Your identifiable health information including physical, physiological and mental health condition, and medical records and history on the Application which may be accessed by PWPL and/or HSPs using the Application, during the course of
providing Services to You.
We may collect various personal information from You when You use the Application and for the features provided by the Application.
Our Privacy Policy sets out terms with respect to the collection, storage, use, processing, transfer and disclosure of any such personal information.
When You click on the ‘I accept’ tab at the time of registering or accessing the Application or otherwise providing Your personal information, You specifically consent to Our Privacy Policy & Terms of Use.
PWPL may disclose/transfer Your Personal Information in accordance with applicable law and for the purposes as set out in the Privacy Policy.
PWPL is required by law to maintain the privacy and confidentiality of Your medical information. We assure you to take Your privacy seriously and to maintain privacy and confidentiality of the information provided by You to Us. We, however, do not represent, warrant or guarantee that Our safeguards to prevent unauthorized access to Your personal information is fool-proof. Further, PWPL may itself have to access Your medical information (medical records, consultation history, transcripts etc.) in order to investigate any deficiencies, complaints or grievances that You bring to the notice of PWPL. You hereby specifically authorize PWPL to access Your medical information in such cases.
PWPL RESPONSIBILITIES
HSPs
PWPL will make available qualified HSPs to render Services after carrying out appropriate background and reference checks.
It is hereby clarified PWPL’ obligation to carry out appropriate background and reference checks and to validate qualification of HSPs does not go beyond ensuring that the HSPs were registered with relevant state professional councils or central professional council at the time of engagement and had a certificate of good standing from the relevant professional council at the time engagement.
Service Levels
Subject to applicable law, PWPL will use commercially reasonable efforts to make the Services available to Registered Users 24 hours a day, 7 days a week, except for:
1.When the Registered User is outside the operational coverage of Service. PWPL has no responsibility towards Non-registered User for providing Services.
- Planned downtime that will be communicated in advance to Registered Users.
- any unavailability caused by circumstances beyond PWPL’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government or regulatory authority, any mandate under applicable law, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider or/and web hosts failures or delays, denial of service attack, and/or Your acts or omissions, equipment, software or any other technology of Your, or any third party acting on Your behalf
- When such Service is rendered under a time-schedule, in which case, the obligation of PWPL under this clause shall be limited to making available such Service during the time-schedule.
This obligation will also be subject to (2) and (3) above;
For the avoidance of doubt, it is hereby clarified that PWPL’ responsibility towards Registered User will be limited to the provision of the Services as per the terms and conditions of the Agreement.
If PWPL suspects any illegal, wrongful or fraudulent activity on the Application by any User, notwithstanding any other rights PWPL may have against such User, PWPL reserves the right to inform the relevant government or law enforcement authorities. PWPL will cooperate in all
investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
PWPL reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of Application at its discretion. All Users of its Services will be duly notified upon release of such newer versions and PWPL reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems fit.
The Application and Services may be subject to certain limitations, such as, limits on storage space, limit on bandwidth, unexpected downtime, unavailability of HSPs due to unforeseen circumstances, etc.
PWPL reserves the right to schedule/reschedule/cancel appointments and swap HSPs at any time without prior intimation.
PWPL reserves the right to refuse Service at any time without providing any reasons. The terms applicable to refund and cancellation are specified below.
Legal Compliances
PWPL will strictly adhere to and adopt all reasonable measures to ensure compliance to all central and state government regulations and directives as applicable from time-to-time.
Data Recording, Storage, Encryption & Usage
The information stored on the Application may be entered by You or by a HSP in the course of services provided by PWPL. The information collected as part of the Services may be stored on Your mobile device as well as on a third-party cloud platform (“Cloud Service Provider”) or server (“Storage Service Provider”).
All video-consultations / chat consultations / text messages / audios / videos / prescriptions / email and hard copy correspondences between Users and HSP Acquired Users who are patients, and HSPs engaged by PWPL shall be recorded, saved and stored for record
purposes and in the event such records are required to be produced as evidence on the direction of a court of law. PWPL may review this data from time to time for quality evaluation purposes.
However, under normal circumstances, PWPL will not access any information that identifies You and shall either omit, mask or anonymize Your personal information at the time of quality evaluation.
It is hereby clarified that PWPL does not have the obligation to pre-screen or monitor User Content at any time. However, PWPL may monitor any User Content and may modify or remove any User Content from the Application if PWPL determines in its sole discretion that such User Content is in violation of this Agreement or any applicable law and best practices. Where PWPL removes any User Content from the Application, PWPL will make reasonable efforts to inform the Registered User who had posted such User Content.
All User Content shall be recorded, saved and stored electronically on a secure cloud database/server managed by the Cloud Service Provider / Storage Service Provider. PWPL shall take best efforts to ensure that the Cloud Service Provider/ Storage Service Provider uses appropriate levels of encryptions to protect data and takes all necessary precautions. PWPL will however not be responsible for any cyber data theft from its Application or the Cloud Service
Provider’s/ Storage Service Provider’s databases.
PWPL shall maintain a detailed transaction & purchase history of Users online.
PWPL reserves the right to permanently delete User Content in case the User does not avail a Service for a period of three years.
