Practo Terms and Conditions (Applicable only for USA)

  1. NATURE AND APPLICABILITY OF TERMS
  • Please carefully go through these terms and conditions (“Terms”) and the privacy policy available on this link.(“Privacy Policy”) before you decide to access the Website or avail yourself of the Services. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Practo in connection with your visit to the Website and your use of the Services.
    This Agreement applies to you whether you are –
    • A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
    • A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
    • Otherwise a user of the Website (“you” or “User”).
  • BY USING THE SERVICES OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE PRACTICES AND POLICIES OUTLINED IN THIS AGREEMENT AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE AT ANY TIME, DO NOT USE ANY OF THE SERVICES OR GIVE US ANY OF YOUR INFORMATION. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD) OR AN ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORISED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THIS AGREEMENT ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF.
  • Practo operates solely as a technology platform that facilitates communication and appointment scheduling between End-Users and Practitioners.  Practo is not a referral service and does not provide money or anything of value to induce medical or other health service referrals. It is important to note that Practo does not provide any medical services, advice, diagnosis, or treatment. All information provided through the Services, including but not limited to, the details of Practitioners and their practice, is for informational purposes only and does not constitute a recommendation or endorsement of any specific Practitioner, medical treatment, or health service. Users should exercise their own judgment and due diligence before choosing to engage with any Practitioner listed on the Website. 


This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Services.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.


Your access to use of the Website and the Services will be solely at the discretion of Practo.
The Agreement is published in compliance with and is governed by all applicable federal and state laws.

2. AGE RESTRICTION

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Practo that you are 18 years of age or older, and that you have the right, authority and capacity to use Services, and agree to and abide by this Agreement.

3.TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

The terms in this Clause 3 are applicable only to Users other than Practitioners.

    • 3.1 END-USER ACCOUNTS
      • 3.1.1 The term “Personal Data” is as defined and reproduced in the Privacy Policy.
      • 3.1.2 Practo shall not be responsible in any manner for the authenticity of the Personal Data or Sensitive Personal Data supplied by the User to Practo or to any other person acting on behalf of Practo.
      • 3.1.3 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Practo of any actual or suspected unauthorized use of the User’s account or password. Although Practo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Practo or such other parties as the case may be, due to any unauthorized use of your account.
      • 3.1.4 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Practo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Practo has the right to request the User to correct the information and/or to discontinue the Services to the User at its sole discretion.
      • 3.1.5 Against every Practitioner listed in Practo.com, you may see a ‘show number’ option. When you choose this option, you choose to call the number through a free telephony service provided by Practo, and the records of such calls are recorded and stored in Practo’s servers. Such call will have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by Practo for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy and applicable law. Such call facility provided to you by Practo should be used only for appointment and booking purposes, and not for consultation on health-related issues. Practo accepts no liability if the call facility is not used in accordance with the foregoing. Practo may also choose to not provide this facility and show the practitioner’s direct number. In case you choose to not provide your consent to recording your calls that may have Personal Data required for appointment and booking purposes, Practo reserves the right to not provide the Services for which such Personal Data is sought.
    • 3.2 RELEVANCE ALGORITHM
      Practo’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Practo. Practo will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Practo in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.
    • 3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
      • 3.3.1 Practo collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Practo takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Practo screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
      • 3.3.2 The Services provided by Practo or any of its licensors or service providers are provided on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Practo does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Practo does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, PRACTO DISCLAIMS ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. To the fullest extent permitted by law, Practo disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Practo or any User in relation to any User or services provided by such User.
      • 3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. Practo has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Practo endorses the linked site. User may use the links and these services at User’s own risk.
      • 3.3.4 Practo assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
      • 3.3.5 If Practo determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Practo reserves the right to immediately suspend your access to the Website or any of your accounts with Practo and makes such declaration on the website alongside your name/your clinic’s name as determined by Practo for the protection of its business and in the interests of Users. You shall be liable to indemnify Practo for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Practo or its Users.
    • 3.4 BOOK APPOINTMENT AND CALL FACILITY
      • Practo enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the Website; b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Website.
      • 3.4.1 Practo will ensure Users are provided confirmed appointment on the Book facility. However, Practo has no liability if such an appointment is later cancelled by the Practitioner, if the Practitioner is late for the appointment or the same Practitioner is not available for the appointment. 
      • 3.4.2 If a User has utilized the telephonic services, Practo reserves the right to share the information provided by the User with the Practitioner and store such information and/or conversation of the User with the Practitioner, in accordance with our Privacy Policy.
      • 3.4.3 The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Practo of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
      • 3.4.4 Without prejudice to the generality of the above, Practo is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Practo will not be liable for:
      • User interactions and associated issues User has with the Practitioner;
      • the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
      • any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
      • inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
      • any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
      • cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged.
      • 3.4.5 You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; and that use of that content does not breach any applicable laws or this Agreement and will not cause injury to any person or entity.
      • 3.4.6 Practo reserves the right to refrain from posting or to remove User comments that are not in accordance with the applicable laws and/or the terms set out in this Agreement. User understands that Practo may also, at its sole discretion, discontinue the provision of the Services to you if you do not abide with the terms set out in this Agreement.
      • 3.4.7 User further understands that Practo shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website.
      • 3.4.8 In case of one or more ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the concerned Practitioner’s clinic:
        1. User’s account may be temporarily disabled from booking further online appointments on Practo.com for a certain timeline, at the sole discretion of Practo. Practo further reserves the right to discontinue the Services to the User upon repeated instances of Patient-No-Show (P.N.S), at its sole discretion. However, the User can continue to call the clinic via Practo.com to get an appointment.
        2. Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility, has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same. 
    • 3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
      • 3.5.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Practo and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
      • 3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from Practo, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
      • 3.5.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital directly.
    • 3.6 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
      • 3.6.1The contents listed on the Website are (i) User generated content, or (ii) belong to Practo. The information that is collected by Practo directly or indirectly from the End-Users and the Practitioners shall belong to Practo. Copying of the copyrighted content published by Practo on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Practo reserves its rights under applicable law accordingly.
      • 3.6.2 Practo authorizes the User to view and access the content available on or from the Website solely for obtaining information, booking appointments and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “Practo Content”), are the property of Practo and are protected under copyright, trademark and other laws. User shall not modify the Practo Content or reproduce, display, publicly perform, distribute, or otherwise use the Practo Content in any way for any public or commercial purpose or for personal gain.
      • 3.6.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
    • 3.7 PATIENT STORIES
      • By using this Website, you agree that any information shared by you with Practo or with any Practitioner will be subject to our Privacy Policy.
        You are solely responsible for the content that you choose to submit for publication on the Website, including any patient stories or recommendations (“Critical Content”) relating to Practitioners or other healthcare professionals. Practo shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
        User hereby agrees not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable laws or regulations. Practo, at its sole discretion, may choose not to publish your patient stories, if so required by applicable laws or regulations. You agree that Practo may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
      • Obtaining feedback in relation to Website or Practo’s services; and/or
      • Obtaining feedback in relation to any Practitioners listed on the Website; and/or
      • Resolving any complaints, information, or queries by Practitioners regarding your Critical Content; and you agree to provide your fullest co-operation further to such communication by Practo. 

 

4. TERMS OF USE PRACTITIONERS
The terms in this Clause 4 are applicable only to Practitioners.

    • 4.1 LISTING POLICY
      • 4.1.1 Practo, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice, which may come from public sources or directly from the information you provide. Practo reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you may inform Practo immediately to enable Practo to make the necessary amendments. Amongst other rights listed in the Privacy Policy, you have the right to request Practo to remove your profile or any information in relation to you from the Website.
      • 4.1.2 Practo shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines.
      • 4.1.3 Practo shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Practo, where the User has expressly or implicitly consented to the making of disclosures or publications by Practo. If the User had revoked such consent under the terms of the Privacy Policy, then Practo shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Practo prior to its actual receipt of such revocation.
      • 4.1.4 Practo reserves the right, but is under no obligation, to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Practo shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
      • 4.1.5 When you are listed on Practo.com, End-Users may see a ‘show number’ option. When End-Users choose this option, they choose to call your number through a free telephony service provided by Practo, and the records of such calls are recorded and stored in Practo’s servers. Such call will have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by Practo for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to End-Users and to you by Practo should be used only for appointment and booking purposes, and not for consultation on health-related issues. Practo accepts no liability if the call facility is not used in accordance with the foregoing. In case you choose to not provide your consent to recording your calls that may have Personal Data required for appointment and booking purposes, Practo reserves the right to not provide the Services for which such Personal Data is sought.
      • 4.1.6 You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Practo accepts no liability for the same.
    • 4.2 PROFILE OWNERSHIP AND EDITING RIGHTS
      Practo ensures easy access to the Practitioners by providing a tool to update your profile information. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Practo’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Practo may modify or delete parts of your profile information at its sole discretion with or without notice to you.
    • 4.3 PATIENT STORIES DISPLAY RIGHTS OF PRACTO
      • 4.3.1 All Critical Content is content created by the Users of the Services and the clients of Practo customers and Practitioners, including the End-Users. As a platform, Practo does not take responsibility for Critical Content. The role of Practo and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.4, 3.7 and 5 of these Terms. 
      • 4.3.2 Practo reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
      • 4.3.3 Practo shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
      • 4.3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Practo shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Practo however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.4, 3.7 and 5 of these Terms.
      • 4.3.5 Practo will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
      • 4.3.6 If Practo determines that you have provided inaccurate information or enabled fraudulent feedback, Practo reserves the right to immediately suspend any of your accounts with Practo and makes such declaration on the website alongside your name/your clinics name as determined by Practo for the protection of its business and in the interests of Users.
    • 4.4 RELEVANCE ALGORITHM
      Practo has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. Practo shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.
    • 4.5 INDEPENDENT SERVICES
      • Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Practo.
    • 4.6 PRACTO RIGHTS
      Practo reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Practo will not be liable for the accuracy of information or the claims made in the Sponsored ads. Practo does not encourage the Users to visit the Sponsored ads page or to avail themselves of any services from Sponsored ads. Practo will not be liable for the services of the providers of the Sponsored ads.
    • 4.7 ACCURATE LISTING INFORMATION
      • As a valuable partner on our platform we want to ensure that the Practitioners experience on the Practo booking platform is beneficial to both Practitioners and their Users. Any information provided by Practitioners to Practo for the purposes of their profile listing shall be true, accurate and not misleading to Users.
    • 4.8 CONTROLLING USER FEEDBACK
      • Practitioner understands that, Practo shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Practo.
    • 4.9 PRACTITIONER UNDERTAKING
      The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered to Users.
  • 4.10 USAGE IN PROMOTIONAL & MARKETING MATERIALS
    • In recognition of the various offerings and services provided by Practo to Practitioner, Practitioner may (subject to its reasonable right to review and approve): (a) allow Practo to include a brief description of the services provided to Practitioner in Practo’s marketing, promotional and advertising materials; (b) allow Practo to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to Practo’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) allow Practo to use the Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.

5.RIGHTS AND OBLIGATIONS RELATING TO CONTENT

  • 5.1 Practo hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
    • belongs to another person and to which the User does not have any right to;
    • is grossly harmful, harassing, profane, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    • harms minors in any way;
    • infringes any patent, trademark, copyright or other proprietary rights;
    • violates any law;
    • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • impersonates another person;
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • 5.2 Users are also prohibited from:
    • violating or attempting to violate the integrity or security of the Website or any Practo Content;
    • transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Practo;
    • intentionally submitting on the Website any incomplete, false or inaccurate information;
    • making any unsolicited communications to other Users;
    • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
    • attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
    • copying or duplicating in any manner any of the Practo Content or other information available from the Website;
    • framing or hot linking or deep linking any Practo Content;
    • circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
  • 5.3 Practo, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Practo shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
  • 5.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Practo has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
  • 5.5Practo may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. Practo respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

6. TERMINATION

  • 6.1 Practo reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
    • Such User breaches any terms and conditions of the Agreement;
    • A third party reports violation of any of its rights as a result of a User’s use of the Services;
    • Practo is unable to verify or authenticate any information provide to Practo by a User;
    • Practo has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
    • Practo believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Practo or are contrary to the interests of the Website.
  • 6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

7.LIMITATION OF LIABILITY

  • In no event, including but not limited to negligence, shall Practo, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
  • provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
  • any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
  • any unauthorized access to or alteration of your transmissions or data; or
  • any other matter relating to the Website or the Service.

8. APPLICABLE LAW AND DISPUTE SETTLEMENT

  • 8.1You agree that this Agreement and any contractual obligation between Practo and User will be governed by the applicable laws of Delaware.  Any proceeding relating to the Services or this Agreement must be brought in a state or federal court in the State of Delaware, and you expressly consent to jurisdiction in such courts. Any cause of action brought by you must be instituted within one year after the claim or cause of action has arisen.

9.SEVERABILITY
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

10.WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Practo. Any consent by Practo to, or a waiver by Practo of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

11.INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Practo and all Protected Entities (defined above) against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorney’s fees, arising out of violation of any of the provisions of this Agreement or use of the Services by you or anyone accessing the Services under your account.

12.THIRD-PARTY PRODUCTS

  • THIS WEBSITE AND THE SERVCES MAY CONTAIN REFERENCES TO THIRD-PARTY PRODUCTS AND SERVICES. THE MENTION OF THIRD PARTIES AND/OR INCLUSION OF THEIR RESPECTIVE PRODUCTS OR SERVICES IS NEITHER A RECOMMENDATION NOR AN ENDORSEMENT OF SUCH THIRD PARTIES OR THEIR PRODUCTS. ALL LICENSES AND WARRANTIES RELATING TO THIRD-PARTY PRODUCTS, IF ANY, ARE BETWEEN YOU AND SUCH THIRD PARTY. PRACTO IS NOT RESPONSIBLE FOR ANY THIRD-PARTY PRODUCT OR SERVICE AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY SUCH THIRD-PARTY PRODUCTS OR SERVICES.
  • Links to Third-Party Websites. THIS WEBSITE AND THE SERVICES MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES. THESE LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK TO A THIRD-PARTY WEBSITE DOES NOT IMPLY ENDORSEMENT BY PRACTO OF SUCH THIRD-PARTY WEB SITE OR THE CONTENTS THEREOF. PRACTO IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED THIRD-PARTY WEB SITE OR ANY LINK CONTAINED IN SUCH LINKED THIRD-PARTY WEBSITE, AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENTS OR ACCURACY OF MATERIALS ON SUCH THIRD-PARTY WEBSITES. IF YOU DECIDE TO ACCESS LINKED THIRD-PARTY WEBSITES, YOU DO SO AT YOUR OWN RISK.

13.GRANT OF LICENSE TO PRACTO

If you upload any material to the Website or the Services, or authorize others to upload any material to the Website or Services, you hereby grant Practo and its designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material, regardless of the medium, technology, or form in which it is used. Subject to this grant of rights, you retain all other rights you have in such material.

14.COMMITMENT TO ACCESSIBILITY

We are committed to making our Service’s content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content through the Services, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please email our team at support@practo.com with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our Users and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly.

 

15. MOBILE MESSAGE TERMS AND CONDITIONS

Your use of or consent to our text or mobile message service (the “Messaging Service”) constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Messaging Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Messaging Service following the effective date of any such changes shall constitute your acceptance of such changes.

  • By consenting to our Messaging Service, you agree to receive recurring SMS and/or text messages from us and on our behalf through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Messaging Service-related messages may include: information regarding your appointments or otherwise related to our Services and activities. 
  • You understand that you do not have to sign up for the Messaging Service in order to receive our assistance. Your participation in the Messaging Service is completely voluntary.  You may opt-out of the Messaging Service at any time. Text the single keyword command STOP in reply to our SMS messages or click the unsubscribe link (where available) in any text message to cancel.
  • We do not charge for the Messaging Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
  • For Messaging Service support or assistance, text HELP in reply to our SMS messages or contact us through support@practo.com.
  • We may change any short code or telephone number we use to operate the Messaging Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
  • The wireless carriers supported by the Messaging Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the Messaging Service with your new number.
  • To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Messaging Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Messaging Service.
  • YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
  • Our Disclaimer of Warranty: The Messaging Service is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Messaging Service. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.
  • We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

 

16.CHANGES TO THESE TERMS

  • You can review the most current version of these Terms and the Agreement at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Website or the Services. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
  • The Services may change from time to time, at the sole discretion of Practo, and the Agreement will apply to your visit to and your use of the Services, as well as to all information provided by you on the Website at any given point in time.
    This Agreement defines the terms and conditions under which you are allowed to use the Services and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@practo.com.

17. CONTACT INFORMATION

If a User has any questions concerning Practo, the Website, this Agreement, the Services, or anything related to any of the foregoing, Practo customer support can be reached at the following email address: support@practo.com.