Welcome to the portal www.ayushprana.in (the “Website”). The Website is operated by Ayushprana (a partnership under the Indian Partnership Act 1932), having its registered office at illithode, malayatoor, Ernakulam dist, kerala.
The terms ‘You’ or ‘Your’ refer to You as the user (irrespective of whether You are a Registered User or a Non-Registered User or an HCP) and the terms ‘ Ayushprana ‘ ,’We’, ‘Us’, ‘Company’, and ‘Our’ refer to Ayushprana.
The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
- THE WEBSITE
- Users: The Website is accessible to visitors / non-registered users and registered users. “Registered Users” are users who have registered themselves an account on the Website by providing Ayushprana with certain information and who can log on to the Website by providing their username and password. “Non- Registered Users” are users who are not registered with the Website but may access information on the Website. Certain features of the Website are available to Registered Users only.. Registered Users, Non-Registered Users shall collectively be referred to as “Users” and “ Health care Practitioner or HCPs are duly qualified members of Ayurvedic profession in the field of multiple sclerosis.
- Features of the Website: The Website offers the following features:
- For Registered Users:
- Platform for obtaining generic and preliminary information from HCP to a health related question: You may ask any health related question on the Website and obtain preliminary and generic information to such question from a HCP. Your identity is not disclosed to other Registered Users .
- Platform to schedule in-person appointment with HCP: You may use Website to schedule an in-person appointment with HCP at the HCP’s premises.
- Platform to interact with HCP privately: You may interact with an HCP privately on the video call feature available on the Website or via other communication feature which the Website may provide after paying consultation fee to the HCP and an internet handling fee to Ayushprana .
- Platform to pay HCP for non-Website interaction: You may make use of the Website solely for the purpose of paying an HCP for a non-Website/offline interaction with such HCP after paying consultation fee.
- For Non-Registered Users:
- Access to various videos and details about multiple sclerosis which explained in the website
- USE OF THE SITE
- Use by all Users (Registered, Non-Registered User )
- You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.
- You will not deliberately use the Website in any way that is unlawful or harms Ayushprana, its founders, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Website.
- You understand that as part of Your registration process as well as in course of Your use of the Website, You may receive SMS messages from Ayushprana on Your registered mobile number. These messages will relate to Your registration, transactions that You carry out through the Website and any such information found suitable of Your attention by Ayushprana. Please note that Ayushprana will send these SMS messages only to the mobile number that You provide on the Website. It is Your responsibility to ensure that You provide the correct number for the transaction You wish to enter into. Further, Ayushprana may also send notifications and reminders to You with respect to appointments scheduled by You for the features that You may be using on the Website. You hereby consent to receive such messages from Ayushprana.
- By using the website and/or registering yourself at Ayushprana you authorize us to contact you via email or phone call or sms and offer you services for the product you have opted for, imparting product knowledge, and reminding YOU about YOUR medications ,offer promotional offers running on website, for which reasons, personally identifiable information may be collected as detailed below. And Irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from the Ayushprana & associate partners for the above mentioned purposes.
- Use by Registered User
- You acknowledge that this Website is an informative platform only. Ayushprana and this Website are not in the business of providing healthcare service or hospital services.
- We encourage You to independently verify any information You see on the Website including information provided by a HCP. You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.
- The Website allows You to select and schedule appointments with HCPS. In doing so, Ayushprana can help providing You with lists and/or profile previews of HCPs who may be suitable to deliver the health care that You are seeking based on information that You provide to Ayushprana.
- You will obtain all relevant consents and approvals prior to posting or providing any User Content.
- You may schedule an appointment on the Website for Your family members and friends. However please note that such You will be solely responsible for any activity that is undertaken through his/her account on behalf of his/her family members and friends.
- You have the option of uploading Your identifiable health information including physical, physiological and mental health condition, and medical records and history on the Website which will be accessed by the HCP at the time of private interactions using the Website.
- Ayushprana will levy an advance internet handling fee for each private interaction that You have with an HCP through the Website. Ayushprana will also collect the consultation fee payable to the HCP in advance.
- Use by Non-Registered User
- Ayushprana will provide You with the details and profiles of the HCPs.
- Please note that Ayushprana (i) does not recommend or endorse any HCPs mentioned on the Website; and (ii) does not make any representations or warranties with respect to these HCPs or the quality of the healthcare services they may provide
- ROLE OF AYUSHPRANA
- Ayushprana ‘s role is limited to a) providing a platform for hosting and publishing User Content, and HCP Content b) providing a platform for private interaction between Registered User and HCP . Ayushprana ‘s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, Ayushprana has no responsibility and / or liability in respect of the content and transactions on the Website including any User Content, HCP Content , information provided by HCPs , interactions between HCPs on the one hand and Users on the other hand.
- Ayushprana does not have the obligation to pre-screen or monitor User Content, or HCP Content at any time. However Ayushprana may elect to monitor any User Content or HCP Content and remove any User Content and HCP Content from the Website if Ayushprana determines in its sole discretion that such User Content is in violation of this Agreement or any applicable law and best practices. Where Ayushprana removes any User Content from the Website, Ayushprana will make reasonable efforts to inform the User who had posted such User Content. Such actions do not in manner negate or dilute MAyushprana ‘s position as an intermediary or impose any liability on Ayushprana with respect to User Content.
- If Ayushprana suspects any illegal, wrongful or fraudulent activity on the Website by any Registered User, notwithstanding any other rights Ayushprana may have, Ayushprana reserves the right to inform the relevant government or law enforcement authorities. Ayushprana will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
- Ayushprana does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.
- LINKS TO THIRD PARTY WEBSITES
- You may be provided with links on the Website that direct You to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively “Third Party Websites“).
- Ayushprana does not endorse any Third Party Websites that You may be directed to from the Website.
- PROPRIETARY RIGHTS
- Ayushprana respects the intellectual property rights of others, and We expect the same from You. The Website, User Content, HCP Content, and the Ayushprana Content are protected by applicable intellectual property laws.
- Ayushprana ‘s Rights to the Website and Ayushprana Content
- All intellectual property in and to the Website, any software, techniques and processes used in connection with the Website, belongs exclusively to Ayushprana or its licensors. Through Your use of the Website, by no means are any rights impliedly or expressly granted by Ayushprana to You in respect of such works.
- Except as stated otherwise in this Agreement all Ayushprana Content (including all intellectual property rights to such content) is owned exclusively by Ayushprana and/or its licensors.
- When You use the Website in accordance with this Agreement, a limited royalty- free right is granted to You by Ayushprana to use Ayushprana Content for personal and non-commercial use in India for the time that You are either a Registered User or for the time that You make use of the Website, whichever is less.
- Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
- Unless expressly authorized by Ayushprana, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Ayushprana Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
- Rights in User Content And HCP Content
- You agree that You are the owner of all rights (including all intellectual property rights) in the User Content (in case You are a Registered User) or HCP Content (in case You are a HCP) that You post on the Website or provide to Ayushprana.
- You hereby grant Ayushprana a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content (in case You are a Registered User) including the right to copy, distribute, display, reproduce, modify, adapt, the User Content or, as the case may me, and create derivate works of the User Content, as the case may be.
- PERSONAL INFORMATION
- We may collect various personal information from You when You use the Website and or the features provided by the Website.
- Ayushprana may disclose Your Personal Information in accordance with applicable law.
- Interaction with HCP on the Website:
- You understand and agree that any interactions and associated issues with the HCP(s) on the Website, is strictly between You and the HCP(s). You shall not hold Ayushprana responsible for any such interactions and associated issues. Ayushprana is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between You and the HCP You interact with. If You decide to engage with a HCP to provide medical services to You, You do so at Your own risk.
- The results of any search You perform on the Website for HCPs, or provision of access to any HCP on the basis of Your specific request, should not be construed as endorsement by this Website of any such particular HCP. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of the HCP. The search results are based on an object computer algorithm.
- Ayushprana shall not be responsible for any breach of service or service deficiency by any HCP.
- We can neither assure that all transactions on the Website will be completed nor do We guarantee the ability or intent of HCP to fulfil their obligations in any transaction. We advise You to perform Your own investigation prior to selecting a HCP.
- No Professional Relationship: Please note that some of the content including text, data, graphics, images, information, suggestions, guidance, and other material that may be available on the Website (including information provided in direct response to Your questions or postings) may be provided by HCPs. The provision of such content to You by Ayushprana does not constitute delivery of health care or diagnostic services to You and does not create a professional relationship between Ayushprana and You.
- No Medical Advice Provided: The content provided by the Website, either by Lybrate or by HCP, should not be construed under any circumstances to be 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.
If You rely on any of the Information provided by the Website, You do so solely at Your own risk. The Information that You obtain or receive from Ayushprana , and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. 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.
- Non-substitution of professional medical advice: The Information provided on the Website and in any other communications from or provided through Ayushprana is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of advice that You may have obtained through the Website. Your use of Information provided on the Website is solely at Your own risk. Nothing stated or posted on the Website or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. You acknowledge and confirm that Ayushprana shall not be responsible for Your treatment or be treated as a health care provider on account of collection of the consultation fees for private consultation by HCP or collection of fees for any reason whatsoever.
- AYUSHPRANA DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE WEBSITE AND ITS FEATURES; (II) HCP WHO RESPONDS TO QUESTION OF A REGISTERED USER OR WHO INTERACTS PRIVATELY WITH A REGISTERED USER; (III) ANY INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE WEBSITE (IV) ACCESS TO OR ALTERATION OF USER CONTENT OR HCP CONTENT (V) TRANSMISSIONS OR DATA.
- AYUSHPRANA MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.
- AYUSHPRANA ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY USER CONTENT, WHICH YOU MAY POST OR/AND UPLOAD ON THE WEBSITE AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE SITE.
- YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR AYUSHPRANA TO VOUCH FOR THE VALIDITY, AUTHETICITY AND HONESTY OF USER CONTENT. AYUSHPRANA IS NOT RESPONSIBLE FOR ANY USER CONTENT ON THE SITE, OR FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT.
- THE SITE IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. NEITHER AYUSHPRANA NOR ANY THIRD PARTY SERVICE PROVIDERS ARE LIABLE FOR ANY TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS WHICH MAY RESULT IN LOSS OF YOUR DATA, PERSONALIZATION SETTINGS OR OTHER INTERRUPTIONS IN THE FEATURES OFFERED ON THE WEBSITE. NEITHER AYUSHPRANA NOR ANY THIRD PARTY IS LIABLE FOR THE DELETION, LOSS, MIS- DELIVERY, TIMELINESS OR FAILURE TO STORE OR TRANSMIT ANY USER CONTENT, AYUSHPRANA CONTENT OR YOUR PERSONALIZATION SETTINGS.
- AYUSHPRANA DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND SMS OR OTHER NOTIFICATIONS OR REMINDERS TO YOU AS A FEATURE OF THE WEBSITE.
- Neither the HCPs nor Ayushprana shall be responsible or liable for any breach or loss of data including Personal Information caused due to events beyond the control of HCPs / Ayushprana or due to technical reasons or third party actions.
- LIMITATION OF LIABILITY
- To the fullest extent permitted by law, in no event will Ayushprana or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill), whether or not Ayushprana has been warned of the possibility of such damages or could have reasonably foreseen such damages.
- REPRESENTATION AND WARRANTIES
By Using This Website You Represent And Warrant That:
- Your use of this Website shall be subjected to the following restrictions:
- You will not delete or modify any content of the Website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
- You will not decompile, reverse engineer, or disassemble the content, or
- You will not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.
- You will not use the Website and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion.
- You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet.
- You will not host, display, upload, modify, publish, transmit, update or share any information that â€”
- You as a Registered or Non-Registered User will use the Website solely for Your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
- All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
- You are 18 years of age or older and that Your use of the Website shall not violate any applicable law or regulation;
- 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.
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- impersonate another person;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;
- harm minors in any way;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;
- belongs to another person and to which the user does not have any right to;
You hereby indemnify, defend, and hold Ayushprana, the Ayushprana ‘s distributors, agents, representatives and other authorized users (Registered and Non-Registered Users, HCPs), and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i)Your use of the Website (ii) Your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing on Your part.
Ayushprana reserves the right, in the event it finds out in its sole discretion that You breached the Agreement, to suspend and / or terminate Your user account and/or access to the Website by blocking Your IP address or email id with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating Your user account and/or Your access to the Website. Upon suspension or termination, Your right to use the features on the Website shall immediately cease and the Company reserves the right to remove or delete Your information that is available with the Company, including but not limited to login and account information.
Upon user account termination or suspension, regardless of the reasons therefore, Your right to use the Website, User Content, HCP Content or Ayushprana Content immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or this site. Ayushprana shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension of Your user account or any other actions taken by Us in connection with such account termination or suspension.
- GOVERNING LAW AND JURISDICTION
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India.
- Ayushprana reserves the right to modify any part of the Agreement at any time without giving You prior notice.
- When We update the Agreement, the next time You visit the Website, the Website will provide a message to you (which may be sent by email if You have provided Your Email Id) which will intimate You of the amendments. You do not agree to the amendments, please do not use the Website any further.
- Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Website or its features or the information to which it gives access, shall be determined by arbitration in India, before a single arbitrator in accordance with the London Court of International Arbitration, India Arbitration Rules (LCIA Rules), which LCIA Rules are deemed to be incorporated by reference into this Agreement. The venue of such arbitration shall be New Delhi, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
- The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
- GENERAL PROVISIONS
- Severability: If any provision of this 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 the 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.
- Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to Ayushprana, illithode, malayatoor, ernakulam, kerala 683587.
If to You: at the email address provided by You to us when You registered as a Ayushprana User.
- Assignment: You may not assign or sub-license, without the prior written consent of Ayushprana, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
- Advertisement: Ayushprana shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website.
- Advice of Counsel: Each Party acknowledges: (a) having fully read the Agreement in its entirety; (b) having had full opportunity to study and review the Agreement.
- Force Majeure: Ayushprana shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond Ayushprana ‘s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
- Complete Understanding: The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
- Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.