Terms and Conditions
These terms and conditions outline the rules and regulations for the use of WELLNEXUS TECHNOLOGIES PRIVATE LIMITED's Website, located at heyprescribe.com
By accessing this website we assume you accept these terms and conditions.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, following and subject to, prevailing law of India. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
In the event you use the Application to book appointments with any Practitioner, We may send booking confirmation, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS, Chat, or by voice call on the contact number provided by You at the time of making the appointment. This includes contacting you through information received from other parties. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls.
2. Practitioner Display
Prescribe collects, directly or indirectly, and displays on the Application, relevant information regarding the profile and practice of the Practitioners listed on the Application, such as their specialization, qualification, area of practice, experience, fees, location, visiting hours, and similar details. Although we take reasonable efforts to ensure that such information is accurate and updated at frequent intervals, we cannot be held liable for any inaccuracies or incompleteness represented on the Application pertaining to Practitioner Content.
It is hereby expressly clarified that, the Information that you obtain or receive from Prescribe, is for informational and User’s personal 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 pertaining to the Practitioners 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. Prescribe Video consulting is not meant to be a substitute for Emergency Medical Care.
3. Informed Consent
You understand and acknowledge that there will not be any physical examination involved and the consultation services shall be provided remotely. The opinion delivered by the doctor / physician shall solely be based on the verbal communication between the concerned doctor or the physician and the patient and the test reports and other information provided/uploaded by you on the website.
You hereby consent to the use of telephonic and/or electronic communications (including audio, video and written communications) through any media by our doctors and our representatives to contact you using the contact information provided to us by you and to provide our services to you remotely.
3. Patient's Undertaking
You are above the age of 18 years and legally competent to enter into this agreement with us to avail our services;
The execution of this agreement and your use of our services are not in violation of any applicable law or third party contracts executed by you;
The service provided by our doctors is based solely on the information furnished to them by you and neither we nor our doctors will be able to countercheck the reliability of the information provided by you. Accordingly, you hereby undertake that
- (i) all information, including medical, health, diagnostic and personal information, the registration form and information shared during your communications with our doctors and our representatives, is complete, true and accurate;
- (ii) no information has been intentionally omitted/withheld; and
- (iii) no incomplete/misleading/fraudulent/inaccurate information has been/shall be provided.
4. Limitation of liability
The Company, its affiliates, doctors, representatives or employees shall not be liable for any deficiency in service or loss, damages or adverse impact you may have incurred due to the breach of one or more of the terms and conditions (including the undertakings) by you.
The Company , its affiliates, doctors, representatives or employees shall not be liable for any error in diagnosis, delay in providing the service or deficiency in service due to the occurrence of sub optimal technical conditions (including without limitation, poor network connectivity, power shutdown, service downtime, scheduled maintenance work by the internet service providers.
The Company or its doctors or representatives will not be responsible for any misunderstanding or misinterpretation of any advice given by the doctors during the Service or of any terms and conditions herein.
In the event of any discrepancies, liability of the Company and the doctor, at the maximum, will be equivalent to the amount paid by the patient at the time of availing of the services of the service provider.
The Company or its doctors or representatives will not be liable for misdiagnosis / faulty judgment / interpretation error / perception error/Adverse events/ inefficacy of prescribed treatment or advice/validity of the advice or prescription provided by the consulting doctor in your jurisdiction of residence/ unavailability of the recommended or prescribed treatment or medication under any condition or circumstances. Users are advised to use their discretion for following the advice obtained post consultation from our Online Medical Opinion platform.
In no event shall The Company or its doctors and representatives be liable for any direct, indirect, punitive, incidental, special or consequential damages or any damages whatsoever including without limitations, damages for loss of use, data or profits, arising out of or in any way connected with the use of our Services.
Our Services are not meant in any way for emergency and life-threatening conditions. It is advised to take the patient to the nearest hospital in such cases.
5. Booking, Rescheduling and Cancellation of Consultation Sessions
The time provided for consultation to you is indicative and actual consultation time may change depending on the consulting Doctor’s discretion. The Company, its doctors and its representatives reserves the right to refuse the service to any user without providing any reason.
All sessions are booked on the basis of availability shown on the website. Therefore, you are requested to book your sessions in advance to ensure availability.
Please ensure that you are equipped with proper video conference equipment and internet connectivity as mentioned or is relevant for the service you want to avail. In case of inadequate video conference equipment, technical error or defective internet connectivity the Company reserves the right to reschedule or cancel your appointment without any notice
Unless otherwise stated, WELLNEXUS TECHNOLOGIES PRIVATE LIMITED and/or its licensors own the intellectual property rights for all material on heyprescribe.com. All intellectual property rights are reserved. You may access this from heyprescribe.com for your personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from heyprescribe.com
- Sell, rent, or sub-license material from heyprescribe.com
- Reproduce, duplicate, or copy material from heyprescribe.com
- Redistribute content from heyprescribe.com
- This Agreement shall begin on the date hereof.
We shall not be held responsible for any content that appears on our Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
The Client shall indemnify, defend and hold harmless, heyprecribe.com and its agents, officers, employees, directors, and shareholders (and persons holding comparable positions), from and against any and all claims, demands, obligations, liabilities, suits, actions, proceedings, judgments, fines, losses, damages, penalties, charges, costs, expenses, (including attorney’s fees and litigation expenses), including third-party claims, arising from, by reason of, on account of or in connection with any of Client’s action, inaction, default, fraud, gross negligence, misconduct, arising directly or indirectly, in connection with heyprecribe.com’s Platform or any patients / end-users coming from there.
Refund and Cancellation Policy:
Any refund, cancellation, or rescheduling of an appointment is solely the healthcare provider’s discretion. The patient, however, can raise a request for the same. Cancellation can be done at any point and the refund will be scheduled 2 days within the appointment completion.
Heyprecribe.com collects charges from the patients on behalf of the doctor/hospital/healthcare provider which is then forwarded to them at the end of the month every month. The gateway for the same is paid by the doctor/hospital/healthcare provider.
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
- The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.