Preline Terms and Conditions of Use


Last updated: Feb 29, 2020

Preline,Inc, on behalf of itself and its affiliates/group companies under the brand "Preline" (“Preline”), is the author and publisher of the internet resource www.prelinehealthcare.com. Preline owns and operates the services provided through the Website.


By using Preline Services, you agree to these conditions. Please read them carefully. We offer a wide range of Preline Services, and sometimes additional terms may apply. When you use an Preline Service (for example, Your Profile, Preline Video Call, Your Online Consultation) you also will be subject to the guidelines, terms and agreements applicable to that Preline Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.


1.NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.prelinehealthcare.com/site/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Preline. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Preline in connection with your visit to the Website and your use of the Services (as defined below).


The 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”). This Agreement applies to those services made available by Preline on the Website, which are offered free of charge to the Users (“Services”), including the following:


For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
For other Users: Facility to
(i) create and maintain ‘Health Accounts’,
(ii) search for Practitioners by name, specialty, or any other criteria that may be developed and made available by Preline, and
(iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of Preline, and the Agreement will apply to your visit to and your use of the Website to avail the Service, 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 Website 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 info@prelinehealthcare.com.


By accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.


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 Website 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 Website or avail any Services.


Your access to use of the Website and the Services will be solely at the discretion of Preline.


The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:


the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000, and 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”).


2.CONDITIONS OF USE

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 Preline that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.


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

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


END-USER ACCOUNT AND DATA PRIVACY

The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.


Preline may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Preline’s services and to build new services.


The Website allows Preline to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.


The Privacy Policy sets out, inter-alia: The type of information collected from Users, including sensitive personal data or information; The purpose, means and modes of usage of such information; How and to whom Preline will disclose such information; and, Other information mandated by the SPI Rules.


The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia: the fact that certain information is being collected; the purpose for which the information is being collected; the intended recipients of the information; the nature of collection and retention of the information; and the name and address of the agency that is collecting the information and the agency that will retain the information; and the various rights available to such Users in respect of such information.


Preline shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Preline or to any other person acting on behalf of Preline.


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 Preline of any actual or suspected unauthorized use of the User’s account or password. Although Preline will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Preline or such other parties as the case may be, due to any unauthorized use of your account.


If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Preline has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Preline has the right to discontinue the Services to the User at its sole discretion.


Preline may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.


ELECTRONIC COMMUNICATIONS
When you use Preline Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


ALGORITHM

Preline’s 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 Preline. Preline will not be liable for any change in 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. Preline in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.


LISTING CONTENT AND DISSEMINATING INFORMATION

Preline 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. Preline takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Preline 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.


The Services provided by Preline 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). Preline does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Preline does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Preline 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 Preline or any User in relation to any User or services provided by such User.


The Website may be linked to the website of third parties, affiliates and business partners. Preline 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 Preline endorses the linked site. User may use the links and these services at User’s own risk.


Preline 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.


If Preline determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Preline reserves the right to immediately suspend your access to the Website or any of your accounts with Preline and makes such declaration on the website alongside your name/your clinic’s name as determined by Preline for the protection of its business and in the interests of Users. You shall be liable to indemnify Preline for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Preline or its Users.


BOOK APPOINTMENT AND CALL FACILITY

Preline 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.


Preline will ensure Users are provided confirmed appointment on the Book facility. However, Preline has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. Provided, it does not fall under the heads listed under the Peline Guarantee Program, in which case the terms of this program shall apply.


If a User has utilized the telephonic services, Preline 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.


The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Preline 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.


Without prejudice to the generality of the above, Preline 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 Preline 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, provided these have been addressed to under, Preline Guarantee Program.


Forgot the appointment Chose to visit another Practitioner/consulted online; Busy with other work; or such other reasons (which Preline at its discretion decides to be a valid reason to not show up). Where the User has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of Preline, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User. However, where cancellation charges have been levied, you would not be entitled to complete refund, only few amount like INR 100.


CANCELLATION AND REFUND POLICY

In the event that, the Practitioner with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at info@prelinehealthcare.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and treated. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand. Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.


NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

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 Preline 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.


It is hereby expressly clarified that, the Information that you obtain or receive from Preline, 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.


PRELINE HEALTH FEED

These terms & conditions governing Preline Health feed are applicable to Users (being both end-users/ Practitioner). However, it is clarified that the terms and conditions herein applicable only to Practitioners and applicable to Users are called out separately, as the context warrants.


Preline Health feed is an online content platform available on the Website, wherein Practitioners who have created a Preline profile can login and post health and wellness related content,Publications and Testimonials.


Practitioners acknowledges that they are the original authors and creators of any Content uploaded by them via Preline Health feed and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. Preline reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright or other proprietary rights. Practitioner agrees to absolve Preline from and indemnify Preline against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Practitioner’s uploading of any Content on the Preline Health feed.


Preline shall have the right to edit or remove the Content and any comments in such manner as it may deem Preline Health feed at any time.


Practitioner shall ensure that the Content or any further responses to the Content (including responses to Users) is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, Practitioner should ensure that the Content is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Preline reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time. Also, the Practitioner agrees to absolve Preline from and indemnify Preline against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the Practitioner on Preline Health Feed.


Practitioner shall ensure that no portion of the Content is violative of any law for the time being in force.


Practitioner shall ensure that the Content is not threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Practitioner shall ensure that the Content will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.


User may also use Preline Health feed in order to view original content created by Practitioners and to create and upload comments on such Content, where allowed (“User Comment”).


User acknowledges that the User Comment reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of Preline.


User agrees that the Content they access on Preline Health feed does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the User. The User agrees to absolve Preline from and indemnify Preline against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Preline Health feed.


User shall ensure that the User Comment is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, User should ensure that the User Comment is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Preline reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time Also, the User agrees to absolve Preline from and indemnify Preline against all claims that may arise as a result of any legal claim arising from the nature of the User Comment.


User shall ensure that the User Comment is not threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Practitioner shall ensure that the User Comment will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.


CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

The contents listed on the Website are
(i) User generated content, or
(ii) belong to Preline. The information that is collected by Preline directly or indirectly from the End- Users and the Practitioners shall belong to Preline. Copying of the copyrighted content published by Preline on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Preline reserves its rights under applicable law accordingly.


Preline authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering 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, "Preline Content"), are the property of Preline and are protected under copyright, trademark and other laws. User shall not modify the Preline Content or reproduce, display, publicly perform, distribute, or otherwise use the Preline Content in any way for any public or commercial purpose or for personal gain.


User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.


REVIEWS AND FEEDBACK

By using this Website, you agree that any information shared by you with Preline 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 feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Preline in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Preline disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Preline shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.


Your publication of reviews and feedback on the Website is governed by Terms. Without prejudice to the detailed terms stated , you hereby agree 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 law or regulation, including but not limited to the IG Rules and SPI Rules. Preline, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance of these Terms. You agree that Preline 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 Preline’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 Preline. Preline’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.


RECORDS

User-created: Information uploaded by you or information generated during your interaction , eg: appointment, medicine order placed by you. Practice-created: Health Records generated by your interaction with a Practitioner who uses Services of Preline software. The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:


Your Records is only created after you have signed up and explicitly accepted these Terms.


Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Preline does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.


Preline uses industry–level security and encryption to your Health Records. However, Preline does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Preline of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to info@prelinehealthcare.com.


If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Preline assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Preline and its officers against any such claim or liability arising out of unauthorized use of such information.


In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.


RECORDS

User-created: Information uploaded by you or information generated during your interaction , eg: appointment, medicine order placed by you. Practice-created: Health Records generated by your interaction with a Practitioner who uses Services of Preline software. The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:


Your Records is only created after you have signed up and explicitly accepted these Terms.


Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Preline does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.


Preline uses industry–level security and encryption to your Health Records. However, Preline does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Preline of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to info@prelinehealthcare.com.


If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Preline assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Preline and its officers against any such claim or liability arising out of unauthorized use of such information.


In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.


PRELINE MEDICINE INFORMATION

We are not providing the medicine information to the Third Party.


Preline Q&A

Terms for Practitioners: Every Practitioner on the Q&A Platform must be qualified in the area of expertise that he represents as being his qualification. The Q&A Platform is a platform for exchange of information which is of general nature in a question and answer format. The Q&A Platform is not for emergency situations. Any Q&A interaction cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever. Preline Users may post questions on medical issues (“Querist”), and these queries can be answered by multiple Practitioners on the Q&A Platform. It is expressly clarified that no doctor-patient relationship is established between the Querist and Practitioner, in any manner whatsoever, by indulging in this Q&A. The Practitioner may provide probable views, recommendations, suggestions and solutions to the question posted by a Querist. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as medical advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard. Practitioner shall not share their personal, religious and/or moral views with the Querist while issuing their response. The Practitioner cannot issue and/or prescribe any medicines on the Q&A platform. It is a platform for only exchange of information and not a consultation/ medical advice. The Practitioner is absolutely and expressly prohibited to:


TERMS OF USE PRACTITIONERS

The terms in this are applicable only to Practitioners.


DOCTORS LISTING POLICY

Preline, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Preline 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 are required to inform Preline immediately to enable Preline to make the necessary amendments.


Preline shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines


Preline 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 Preline, where the User has expressly or implicitly consented to the making of disclosures or publications by Preline. If the User had revoked such consent under the terms of the Privacy Policy, then Preline 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 Preline prior to its actual receipt of such revocation.


Preline reserves the right 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, Preline shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.


Practitioners explicitly agree that Preline reserves the right to publish the Content provided by Practitioners to a third party including content platforms.


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 Preline accepts no liability for the same.


PROFILE OWNERSHIP AND EDITING RIGHTS

Preline ensures easy access to the Practitioners by providing a tool to update your profile information. Preline reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Preline takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. 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 Preline 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, Preline may modify or delete parts of your profile information at its sole discretion with or without notice to you.


REVIEWS AND FEEDBACK DISPLAY RIGHTS OF PRELINE

All Critical Content is content created by the Users of https://prelinehealthcare.com (“Website”) and the clients of Preline customers and Practitioners, including the End-Users. As a platform,


Preline reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.


Preline 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.


You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Preline 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. Preline 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 these Terms.


Preline 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.


If Preline determines that you have provided inaccurate information or enabled fraudulent feedback, Preline reserves the right to immediately suspend any of your accounts with Preline and makes such declaration on the website alongside your name/your clinics name as determined by Preline for the protection of its business and in the interests of Users.


ALGORITHM

Preline 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. Preline shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.


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 Preline.


PRELINE REACH RIGHTS

Preline 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, Preline will not be liable for the accuracy of information or the claims made in the Sponsored ads. Preline does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Preline will not be liable for the services of the providers of the Sponsored ads.


You represent and warrant that you will use these 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 Preline accepts no liability for the same.


BOOK APPOINTMENT AND CALL FACILITY

As a valuable partner on our platform we want to ensure that the Practitioners experience on the Preline booking platform is beneficial to both, Practitioners and their Users. For all terms and conditions of Book facility on Preline profile check Book Standards .


Practitioner understands that, Preline 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 Preline.


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 and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. 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.


USAGE IN PROMOTIONAL & MARKETING MATERIALS

In recognition of the various offerings and services provided by Preline to Practitioner, Practitioner shall (subject to its reasonable right to review and approve):
(a) allow Preline to include a brief description of the services provided to Practitioner in Preline marketing, promotional and advertising materials;
(b) allow Preline to make reference to Practitioner in case studies, and related marketing materials;
(c) serve as a reference to Preline 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) 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.


RIGHTS AND OBLIGATIONS RELATING TO CONTENT

As mandated by Regulation 3(2) of the IG Rules, Preline 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, blasphemous, 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; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate 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; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.


Users are also prohibited from: violating or attempting to violate the integrity or security of the Website or any Preline 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 Preline; 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 Preline Content or other information available from the Website; framing or hot linking or deep linking any Preline Content. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.


Preline, 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. Preline 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.


TERMINATION

Preline 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 right as a result of your use of the Services; Preline is unable to verify or authenticate any information provide to Preline by a User; Preline has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or Preline believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Preline or are contrary to the interests of the Website.


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.


LIMITATION OF LIABILITY

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. 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 Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).


RETENTION AND REMOVAL

Preline may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.


APPLICABLE LAW AND DISPUTE SETTLEMENT

You agree that this Agreement and any contractual obligation between Preline and User will be governed by the laws of India.


Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or 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 Preline. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Chennai. 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.


Subject to the above, the courts at Chennai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.


CONTACT INFORMATION GRIEVANCE OFFICER

If a User has any questions concerning Preline, the Website, this Agreement, the Services, or anything related to any of the foregoing, Preline customer support can be reached at the following email address: info@prelinehealthcare.com or via the contact information available from the following hyperlink: https://prelinehealthcare.com/site/contact.


In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:


Name: Jagath Karra
Preline, Inc
1/6 6th Cross St,
Venkateswara Nagar,
Ramapuram,
Chennai - 600089
Phone: 9840929219
Email: info@prelinehealthcare.com
In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.


CONDITIONS OF USE

You must be eighteen (18) years of age or older to register on the Website for availing the Health Plan Service as a Primary User. As a Primary User, You can add minors as Covered Member(s) under the Health Plan Service availed and subscribed to with the express understanding that the Primary Member shall be entirely responsible and liable on all counts for compliance with these Preline Health Plan Terms for and on behalf of such Covered Member who is below the age of majority. By registering, visiting and using the Website for availing the Health Plan Service or accepting these Terms and the Standard Policies, You represent and warrant to Preline that You are eighteen (18) years of age or older and have the appropriate authorization to contract on behalf of a Covered Member who is below the age of majority, and that You have the right, authority and capacity to use the Website for availing the Health Plan Service and agree to and abide by these Terms.


REIMBURSEMENT UNDER PRELINE PLUS PLAN – TERMS & CONDITIONS

Users who have subscribed to the Preline Plus Plan which is available on the Website are entitled to receive reimbursements, on the consultation fee mentioned by the doctor on the Website with respect to each consultation (“Consultation Fee”) subject to the following terms and conditions: