Terms & Conditions

Punshil Healthcare Pvt Ltd, acting on behalf of itself and its affiliated entities under the brand "Punshil Healthcare" (“Punshil”), is the creator and publisher of the online platorm www.Punshilhealthcare.com and the mobile application ‘Punshil’ (collectively, the “Platorm”).

1. NATURE AND APPLICABILITY OF TERMS:

Please review these terms and conditions (“Terms”) and the privacy policy available at https://www.punshilhealthcare.com/privacy (“Privacy Policy”) carefully before accessing the Platform or utilizing the services provided by Punshil through the Platform. These Terms, along with the Privacy Policy, constitute a binding legal agreement (“Agreement”) between you and Punshil concerning your use of the Platform and the services offered (referred to as “Services”).

This Agreement applies to individual or entities in the following capacities:

Healthcare professionals or healthcare facilities seeking to be listed or already listed on the Platform, including authorized representatives of such professionals or facilities (“Practitioners,” “you,” or “User”); or Patients, their representatives, or associates seeking healthcare services or information through the Platform (“End-User,” “you,” or “User”); or other users engaging with the Platform (“you” or “User”). The Agreement governs the Services provided by Punshil on the Platform, including but not limited to

2. FOR PRACTITIONERS:

Listing Practitioners: Their profiles, and contact details for access by other Users and visitors to the Platform. For Users: Creating and managing ‘Health Accounts,’ searching for Practitioners based on various criteria, and scheduling appointments with Practitioners. The Services offered by Punshil may undergo changes at Punshil's sole discretion, and this Agreement applies to your use of the Platform for availing Services and the information provided on the Platform.

This Agreement outlines the terms and conditions for your access and use of the Platform, detailing how we handle your account while registered with us. For any queries regarding any section of this Agreement, reach out to us at support@punshilhealthcare.com.

By downloading or accessing the Platform to use the Services, you unconditionally accept all conditions outlined in this Agreement, the Subscription Terms of Service, and the Privacy Policy available on the Platform. This Agreement supersedes all prior verbal or written agreements related to your use of the Platform and Services. By using any Service, you confirm your acceptance of this Agreement.

We reserve the right to modify or terminate any part of this Agreement for any reason and at any time, with written notification to you. Please regularly review this Agreement. Your continued use of the Platform following any modifications constitutes acceptance of the revised Agreement.

By availing of any Services, you agree to be bound by this Agreement. If you disagree with any part of the Agreement, please refrain from using the Platform or availing any Services.

Your access and usage of the Platform and Services are solely at Punshil’s discretion.

This Agreement is published in compliance with Indian laws, including the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000, and associated regulations like the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Rules”).

3. CONDITION FOR USER:

You must be 18 years old or above to register, use the Services, or visit/use the Platform. By registering, visiting, or using the Platform or accepting this Agreement, you declare that you are 18 years or older, and possess the right, authority, and capacity to use the Pltform and Services, agreeing to abide by this Agreement.

4. RELEVANCE ALGORITHM:

Punshil's relevance algorithm for Practitioners is an automated system displaying Practitioners, their profiles, and Practice details on the Platform. These listings don't imply fixed ranking or endorsement by Punshil. Punshil isn't liable for changes in Practitioners' relevance on search results, which may occur periodically. Practitioner listings are determined by automated computation considering User inputs like comments and feedback. Factors governing listings may change to enhance the algorithm. Punshil isn't responsible for the accuracy or relevance of Practitioner listings on the Platform

5. TERMS OF USE APPLICABLE TO ALL USERS EXCEPT PRACTITIONERS:

The clauses in this Section 3 are applicable solely to Users other than Practitioners.

END-USER ACCOUNT AND DATA PRIVACY: The terms “personal information” and “sensitive personal data or information” are as defined under the SPI Rules and replicated in the Privacy Policy.

Punshil, through its Services, may collect device-related information as you access the Platform and anonymous usage data. Collected data will be used to enhance Punshil’s service quality and develop new services.

The Platform enables Punshil to access registered Users’ personal emails or phone numbers for communication to facilitate appointment bookings and gather feedback regarding Practitioners and their practices.

The Privacy Policy includes details on: The information collected from Users, including sensitive personal data; Purpose, means, and modes of data usage; Information disclosure by Punshil; Other specifics mandated by SPI Rules.

Users must read and comprehend the Privacy Policy to understand: The collection of information; Purpose behind such collection; Intended recipients of information; Nature of information collection and retention; The collecting agency’s name and address, and the retaining agency; User rights concerning such information.

Punshil bears no responsibility for the accuracy of personal or sensitive personal data provided by Users to Punshil or its representatives

Users are accountable for maintaining their account access information and password confidentiality (if registered). Users are liable for all account and password usage, whether or not authorized. Users must promptly inform Punshil of any suspected unauthorized account or password use. While Punshil isn't liable for losses due to unauthorized account use, Users might be liable for losses incurred by Punshil or other parties due to such unauthorized use.

Providing untrue, inaccurate, outdated, or incomplete information gives Punshil the right, at its discretion, to discontinue Services to the User.

Punshil may utilize collected information periodically to resolve customer support issues.

Users opting for the ‘show number’ feature for Practioners on https://www.punshilhealthcare.com/ consent to call through a free telephonic service provided by Punshil. Records of these calls are stored in Punshil’s servers, governed by the Privacy Policy. Punshil reserves the right to withhold Services if consent isn't provided for call recordings containing personal appointment or booking information.

6. LISTING CONTENT AND DISSEMINATING INFORMATION:

Punshil Healthcare Pvt Ltd collects, directly or indirectly, and displays on the Platform, pertinent information concerning the profile and practice details of the Practitioners listed on the Platform. This information may include their specializations, qualifications, fees, location visiting hours, and similar particulars. Punshil Healthcare Pvt Ltd endeavours to regularly update such information. Although Punshil Healthcare Pvt Ltd screens and verifies information and photos submiƩed by the Practitioners, it cannot be held responsible for any inaccuracies or incompleteness, despite reasonable efforts made. The Services provided by Punshil Healthcare Pvt Ltd or any of its licensors or service providers are offered on an "as is" and “as available” basis, without warranties or conditions (express or implied, including implied warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement, whether arising by statute or otherwise in law or from a course of dealing or usage or trade). Punshil Healthcare Pvt Ltd does not provide or make any representation, warranty, or guarantee, express or implied, about the Platform or the Services. Punshil Healthcare Pvt Ltd does not assure the accuracy or completeness of any content or information provided by Users on the Platform. To the maximum extent permissible by law, Punshil Healthcare Pvt Ltd disclaims all liability arising from the User’s use or reliance on the Platform, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Platform, or any opinion or suggestion provided by Punshil Healthcare Pvt Ltd or any User regarding any User or services provided by such User. The Platform may contain links to third-party websites, affiliates, and business partners. Punshil Healthcare Pvt Ltd has no control over, and is not liable or responsible for the content, accuracy, validity, reliability, or quality of such external websites or materials made available through our Platform. Inclusion of any link on the Platform does not imply Punshil Healthcare Pvt Ltd.’s endorsement of the linked site. Users utilize these links and services at their own risk. Punshil Healthcare Pvt Ltd assumes no responsibility and shall not be liable for any damages to, or viruses that may infect User’s equipment due to User’s access to, use of, or browsing the Platform or downloading any material, data, text, images, video content, or audio content from the Platform. If a User is dissatisfied with the Platform, the sole remedy is to discontinue using it. If Punshil Healthcare Pvt Ltd determines that a User has provided fraudulent, inaccurate, or incomplete information, including through feedback, Punshil Healthcare Pvt Ltd reserves the right to immediately suspend the User's access to the Platform or any associated accounts and display such declaration on the website alongside the User’s name/clinic’s name, as determined by Punshil Healthcare Pvt Ltd, to safeguard its business and the interests of Users. The User shall indemnify Punshil Healthcare Pvt Ltd for any losses incurred due to misrepresentations or fraudulent feedback that adversely affected Punshil Healthcare Pvt Ltd or its Users. The information published under the "Industry-wide city-wise Pricing Graph" is derived from a benchmarking group determined to be relevant by Punshil Healthcare Pvt Ltd in the respective city. This information is published for guidance purposes and Punshil Healthcare Pvt Ltd does not have the capability to verify the accuracy of the underlying data based on which this information is published, nor does it have any obligation to disclose the source of the underlying data sets. Punshil Healthcare Pvt Ltd bears no liability for any consequences arising from the use of this information.

7. Appointment Booking and Call Facility:

Punshil Healthcare Pvt Ltd offers two primary methods for users to connect with practitioners:

Appointment Booking: Users can schedule appointments with hospitals or doctors through our online portal.

Telephonic Services: Additionally, users can access value-added telephonic services connecting them directly to practitioners via provided numbers on the platform.

Terms and Conditions:

Confirmed Appointments: Punshil Healthcare Pvt Ltd ensure appointments to users through through the booking facility. However, the company holds no liability in cases where a practitioner cancels a confirmed appointment or becomes unavailable, excluding scenarios covered by the Punshil Guarantee Program.

Privacy Policy: Information provided by users for telephonic services may be shared with practitioners and stored according to our Privacy Policy.

User Responsibility: Users acknowledge that search results for practitioners on the platform do not imply Punshil's endorsement. Users engage with practitioners for medical services at their own risk.

Healthcare Responsibility: Punshil is not involved in providing healthcare advice, diagnosis, or medical treatments. The company is not responsible for user-practitioner interactions, treatment quality, medical negligence, or appointment-related issues.

Feedback and No-Show Policy: Users can offer feedback on practitioner experiences but Punshil is not obligated to take action based solely on user feedback. In instances of Patient-No-Show (PNS), temporary online booking disablement may occur as per the Patient-No-Show Policy.

Introduction of Loyalty Program: Punshil Healthcare Pvt Ltd is introducing a loyalty program to reward user engagement and continuity of care. Users will earn points for each completed appointment or telephonic service utilization through the platform.

Loyalty Program Terms and Conditions:Points earned are redeemable for discounts on future appointments or telephonic consultations within the platform. The company reserves the right to modify or terminate the loyalty program with prior notice to users.

Cancellation and Refund Policy: Refunds for practitioner-unmet appointments must be requested via email within five (5) days. Refunds will be processed within five (5) to six (6) business days to the original payment mode. No refunds for user no-shows or late cancellations, except where cancellation charges apply.

Wallet Credit for Cancelled Bookings: If a patient/customer cancels their booking, the refunded amount for the deducted booking fee will be credited back to their payment wallet within the Punshil system.

8. 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”) available on the Punshil Healthcare Pvt Ltd 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 Punshil Healthcare Pvt Ltd and you. It does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition but is provided solely to assist you in locating appropriate medical care from a qualified practitioner.

It is expressly clarified that the Information obtained or received from Punshil Healthcare Pvt Ltd, 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, regarding 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.

The Services provided by Punshil Healthcare Pvt Ltd are not intended to substitute emergency healthcare. In case of a medical emergency (either on your behalf or another person’s), please contact an ambulance service or hospital directly.

9. PUNSHIL HEALTH FEED:

These terms and conditions governing Punshil Health Feed apply to Users, encompassing both end- users and Practitioners. However, it's specified that certain terms and conditions herein apply specifically to Practitioners and are delineated accordingly, as contextually necessary.

Punshil Health Feed is an online content platform accessible via the Punshil Healthcare Pvt Ltd website. Practitioners with a Punshil profile can log in and post health and wellness-related content. Practitioners can utilize Punshil Health Feed by logging in through their health account, creating original content including text, audio, video, images, data, or a combination thereof ("Content"), and uploading this Content to Punshil's servers. Punshil provides a gallery of images licensed from a third- party stock image provider ("Punshil Gallery"). Users can select images from this gallery or upload their own. Punshil does not warranty the ownership of intellectual property in the Punshil Gallery, and Users agree to use these images at their own risk. Punshil reserves the right to post such Content on Punshil Health Feed at its discretion and subject to these terms and conditions. Content uploaded via Punshil Health Feed does not constitute medical advice and should not be construed as such.

Practitioners confirm themselves as the original authors and creators of any Content uploaded through Punshil Health Feed, ensuring that such Content does not infringe upon the intellectual property rights of others. Punshil reserves the right to remove any Content deemed, at its discretion, to violate the intellectual property rights of any other individual, including patents, trademarks, copyrights, or other proprietary rights. Practitioners agree to indemnify Punshil against any claims arising from third-party intellectual property right claims related to their Content uploaded on Punshil Health Feed. Practitioners are prohibited from using images in the Punshil Gallery for purposes other than those directly linked to creating and uploading Content on Punshil Health Feed. Practitioners also agree to indemnify Punshil against claims arising from any third-party intellectual property claim if they download, copy, or use an image from the Punshil Gallery for personal or commercial gain.

Practitioners hereby grant Punshil perpetual and worldwide intellectual property rights in any Content created and uploaded via Punshil Health Feed.

Punshil retains the right to edit or remove Content and comments on Punshil Health Feed at its discretion and at any time.

Practitioners within Punshil Healthcare Pvt Ltd must ensure that the Content or any subsequent responses to it (including responses to Users) are not harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, or libelous in any manner. Additionally, Practitioners must ensure that the Content does not invade any individual's privacy or contain elements that are hateful, racially or ethnically objectionable, disparaging, or unlawful in any manner. Punshil Healthcare Pvt Ltd reserves the right to remove any Content deemed violative of these Terms and Conditions or any prevailing law or statute. Furthermore, the Practitioner agrees to indemnify Punshil Healthcare Pvt Ltd against any legal claims arising from the nature of the Content posted on Punshil Health Feed.

Practitioners must ensure that no part of the Content violates any current laws.

Practitioners must ensure that the Content does not threaten the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order. Moreover, the Practitioner should ensure that the Content does not incite the commission of any offense or hinder the investigation of any offense, or insult any other nation.

Users may utilize Punshil Health Feed to view original content created by Practitioners and to create and upload comments on such Content where permitted ("User Comment").

Users acknowledge that their User Comment reflects the views and opinions of the authors of such Content and may not necessarily align with Punshil Healthcare Pvt Ltd.’s views.

Users agree that the Content accessed on Punshil Health Feed does not constitute medical advice, and any actions or omissions arising from the User's interpretation of the Content are solely the User's responsibility. The User also agrees to indemnify Punshil Healthcare Pvt Ltd against any claims resulting from the User's actions related to viewing Content on Punshil Health Feed.

Users recognize that all intellectual property rights in the User Comment on Punshil Health Feed belong to Punshil Healthcare Pvt Ltd. The User pledges not to infringe upon Punshil Healthcare Pvt Ltd.’s intellectual property by copying or plagiarizing content on Punshil Health Feed. Punshil Healthcare Pvt Ltd reserves the right to pursue legal remedies in the event of such infringement by the User. Additionally, the User Comment will be Punshil Healthcare Pvt Ltd.’s sole intellectual property. The User agrees not to post User Comment that violates any third party's intellectual property, including patents, trademarks, copyrights, or other proprietary rights. Punshil Healthcare Pvt Ltd retains the right to remove any User Comment deemed to violate the intellectual property rights of any third party. The User further agrees to indemnify Punshil Healthcare Pvt Ltd against any claims arising from third- party intellectual property right claims related to the User Comment.

Users must ensure that the User Comment is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, or libelous in any manner. Moreover, the User should ensure that the User Comment does not invade any individual's privacy or contain elements that are hateful, racially or ethnically objectionable, disparaging, or unlawful. Punshil Healthcare Pvt Ltd reserves the right to remove any Content considered violative of these Terms and Conditions or any prevailing law or statute. The User also agrees to indemnify Punshil Healthcare Pvt Ltd against any legal claims arising from the nature of the User Comment.

Users must ensure that the User Comment does not threaten the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order. Additionally, the User Comment should not incite the commission of any offense, obstruct any offense investigation, or insult any other nation.

Punshil Healthcare Pvt Ltd grants authorization to the User to view and access the content available on or from the Website solely for the purposes of ordering, receiving, delivering, and communicating as per the terms of this Agreement. The contents of the Website, including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and assembly of content on the Website (referred to as "Punshil Content"), constitute the property of Punshil Healthcare Pvt Ltd and are safeguarded under copyright, trademark, and other applicable laws. The User is prohibited from modifying the Punshil Content or reproducing, displaying, publicly performing, distributing, or using the Punshil Content in any manner for public or commercial purposes or personal gain.

Users are not permitted to access the Services for the purpose of monitoring their availability, performance, or functionality, or for any benchmarking or competitive purposes.

10. PATIENT STORIES

By utilizing this Website, you acknowledge and agree that any information you share with Punshil Healthcare Pvt Ltd or any Practitioner will be subject to our Privacy Policy.

You bear sole responsibility for the content you choose to submit for publication on the Website, including any patient stories or recommendations ("Critical Content") related to Practitioners or other healthcare professionals. Punshil Healthcare Pvt Ltd.’s role in publishing Critical Content is limited to that of an 'intermediary' as per the Information Technology Act, 2000. Punshil Healthcare Pvt Ltd disclaims all responsibilities concerning the content of Critical Content. Its role concerning such content is confined to its obligations as an 'intermediary' under the mentioned Act. Punshil Healthcare Pvt Ltd shall not be obliged to provide any compensation to any User for re-publishing any content across its platforms.

The publication of patient stories on the Website is subject to these Terms. Without prejudice to the detailed terms stated, you hereby undertake 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. Punshil Healthcare Pvt Ltd, at its sole discretion, may opt not to publish your patient stories if required by applicable law and in accordance with these Terms. You agree that Punshil Healthcare Pvt Ltd may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

Obtaining feedback regarding the Website or Punshil Healthcare Pvt Ltd.’s services; and/or

Obtaining feedback about any Practitioners listed on the Website; and/or

Resolving any complaints, information, or queries by Practitioners regarding your Critical Content.

11. RECORDS:

Punshil Healthcare Pvt Ltd may offer End-Users a free facility known as ‘Records’ on its mobile application ‘Punshil Healthcare Pvt Ltd’. The information available in your Records falls into two categories:

1. User-Created: Information uploaded by you or information generated during your interaction within the Punshil Healthcare Pvt Ltd ecosystem, e.g., appointments, medicine orders placed by you.

2. Practice-Created: Health Records generated during your interaction with a Practitioner who uses ‘Punshil Healthcare Pvt Ltd Ray’ or other Services of Punshil Healthcare Pvt Ltd software.

The specific terms concerning such Health Accounts are as follows, without prejudice to the rest of these Terms and the Privacy Policy:

Your Records are 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. Punshil Healthcare Pvt Ltd does not validate this information and makes no representation in connection therewith. In case of discrepancies or modification needs in the Health Record, you should contact the relevant Practitioner.

Health Records are provided as-is. While striving for the highest service availability, Punshil Healthcare Pvt Ltd is not liable for any interruptions to your access of the Services.

It is your responsibility to maintain accurate contact information in the Records. Health Records will be sent to the Records associated with your provided mobile number and/or email ID. You agree that Punshil Healthcare Pvt Ltd is not responsible for any inconvenience caused due to your failure to update contact details.

Punshil Healthcare Pvt Ltd uses industry-level security and encryption for Health Records. However, it does not guarantee prevention of unauthorized access if login credentials are lost or compromised. Inform Punshil Healthcare Pvt Ltd immediately in case of suspected unauthorized access.

If you access your dependents’ Health Records by registering them with your own Records, you are responsible for their Health Records and all associated obligations. You agree to obtain prior consent from your dependents and share, upload, and publish any sensitive personal information. Punshil Healthcare Pvt Ltd assumes no responsibility for any dispute arising in this regard.

To delete your Records, contact our service support team. Only your account and associated Health Records will be deleted; Health Records stored by your Practitioners will remain in their respective accounts.

User-created records may be lost if the data is not synced with the server. Unassessed Health Records may not be accessible for security reasons.

Punshil Healthcare Pvt Ltd is not liable if, for any reason, Health Records are not delivered to you or are delayed despite its best efforts. Health Records are shared based on the phone numbers provided by your Practitioner. Punshil Healthcare Pvt Ltd isn't responsible for adding Health Records to incorrect numbers provided by the Practitioner.

Punshil Healthcare Pvt Ltd is not liable for any content, facts, medical deductions, or language used in your Health Records. Your Practitioner holds sole responsibility for your Health Records and any information provided. Punshil Healthcare Pvt Ltd has the discretion to retract Health Records without prior notice if they are shared incorrectly or inadvertently.

Punshil Healthcare Pvt Ltd complies with legal mandates to share Health Records if required by constitutional courts or jurisdictions. You acknowledge that Punshil Healthcare Pvt Ltd may need to access Health Records for technical or operational issues related to your access or ownership of the Records.Practitioners may use Punshil or third-party software for the Practitioner’s business and services, including the storage of Records in accordance with applicable laws in India and outside India.

Your Records shared with or stored on Punshil products used by Practitioners are subject to storage by Punshil Healthcare Pvt Ltd for the purposes of their business and services in accordance with applicable laws. You agree to the mapping of such Records available in Punshil Healthcare Pvt Ltd's database to your user account. This revised content focuses on outlining the responsibilities and disclaimers regarding Records and their management on your platform, Punshil Healthcare Pvt Ltd.

12.Terms for Punshil Healthcare Pvt Ltd Practitioners:

1. Every Practitioner associated with Punshil Healthcare Pvt Ltd on the Q&A Platform must hold valid qualifications in their respective areas of expertise.

2. The Q&A Platform is designed for the exchange of general information and is not suitable for handling emergency situations.

3. Interactions on the Q&A Platform do not constitute a medical consultation or establish a doctor- patient relationship.

4. Users, termed as Querists, may post medical queries, and Practitioners can offer views and solutions. However, no doctor-patient relationship is formed during these interactions.

5. Practitioners may provide possible views and solutions but must refrain from offering medical advice. Querists are encouraged to consult a healthcare professional for specific medical concerns.

6. Practitioners must strictly avoid sharing personal, religious, or moral views while responding to Querists.

7. Prescribing medicines or offering medical diagnoses on the Q&A platform is strictly prohibited.

8. Practitioners are strictly prohibited from using derogatory language, posting objectionable content, or promoting drugs or illegal activities.

9. Violations of these Q&A terms may result in warnings or the removal of the Practitioner from Punshil Healthcare Pvt Ltd.’s platform.

10. The liability arising from Practitioners’ responses lies solely with them; the Q&A Platform is an information-sharing interface.

11. Punshil Healthcare Pvt Ltd conducts regular audits of the Q&A Platform to ensure Practitioner compliance, not to evaluate the quality of responses.

12. All general terms and conditions of Punshil Healthcare Pvt Ltd apply to the Q&A terms, and decisions made by the company are final.

Terms for User/Querist associated with Punshil Healthcare Pvt Ltd:

1. Personally identifiable information of Querists will be anonymized by Punshil Healthcare Pvt Ltd before posting on the Q&A Platform.

2. The Q&A Platform is a public forum; Users should avoid sharing confidential information in their questions.

3. The platform should not be used for emergency situations.

4. Users must refrain from posting queries with derogatory, objectionable, or offensive content.

5. Responses from Practitioners on the Q&A Platform do not constitute medical advice; Users are encouraged to consult a healthcare professional for personalized guidance.

6. No doctor-patient relationship is established via the Q&A Platform, and the provided views or solutions are not medical advice.

7. All general terms and conditions of Punshil Healthcare Pvt Ltd govern the Q&A terms, and decisions made by the company are conclusive on related issues.

This adapted version aligns with the guidelines and responsibilities for both Punshil Healthcare Pvt Ltd.’s Practitioners and Users involved in the Q&A Platform under your company's umbrella.

13. Listing Policy for Punshil Healthcare Pvt Ltd:

Punshil Healthcare Pvt Ltd Collects Practitioners’ profiles, contact details, and practice information. Punshil reserves the right to modify or display Practitioners' profiles, with or without notice. If any displayed information is incorrect, Practitioners must inform Punshil immediately for necessary amendments.

Punshil is not liable for Practitioners' rankings on external websites or search engines. Punshil is not responsible for losses incurred by Users due to disclosures made by Punshil, where Users have consented to such disclosures. If Users revoke consent as per the Privacy Policy, Punshil shall not be responsible for disclosures made before receiving the revocation.

Punshil reserves the right to moderate Practitioners' suggestions, removing abusive, inappropriate, or promotional content. However, Punshil is not liable for inactive, inaccurate, fraudulent, or non-existent Practitioner profiles on the Website.Practitioners explicitly allow Punshil to publish the content they provide to third-party platforms.

On Punshil.com listings, End-Users may access a 'show number' option to call Practitioners through a free telephony service provided by Punshil. Calls made using this option are recorded and stored on Punshil's servers, following the Privacy Policy. These records are accessed by Punshil for quality control and support, specifically for appointment and booking purposes, not for health consultations. Punshil holds no liability if this call facility is misused. Practitioners using the Services are bound to comply with applicable laws. Any violation of laws due to the Service use is solely the Practitioner's responsibility, and Punshil holds no liability for such violations.

This revised version emphasizes Punshil Healthcare Pvt Ltd.’s responsibilities and terms for Practitioners listed on its platform and addresses various aspects of disclosure, moderation, and compliance with applicable laws.

14. PROFILE OWNERSHIP AND EDITING RIGHTS for Punshil Healthcare Pvt Ltd:

Punshil Healthcare Pvt Ltd ensures easy access for Practitioners to update their profile information through a provided tool. Punshil retains ownership rights over all Practitioner profiles and associated photographs. The company reserves the authority to moderate any changes or updates requested by Practitioners. However, the decision to approve or reject these requests remains solely at the discretion of Punshil Healthcare Pvt Ltd. By using Punshil’s services, you confirm that all content uploaded as part of your profile complies with applicable laws and does not infringe upon any third- party rights, including intellectual property rights. In the event of any breach of this representation, Punshil may modify or delete parts of your profile information at its sole discretion, with or without prior notice to you.

This updated version underscores Punshil Healthcare Pvt Ltd.’s ownership of profile information, Practitioners' rights for updates, and Punshil's authority to moderate such changes while emphasizing compliance with legal and intellectual property rights.

15. PATIENT STORIES DISPLAY RIGHTS OF Punshil HEALTHCARE PVT LTD:

All Critical Content comprises content generated by Users of www.Punshilhealthcare.com ("Website") and the clients of Punshil Healthcare Pvt Ltd.’s customers and Practitioners, including End-Users. Acting as a platform, Punshil Healthcare Pvt Ltd does not assume responsibility for Critical Content and maintains a role akin to an 'intermediary' under the Information Technology Act, 2000. The precise role of Punshil Healthcare Pvt Ltd and its legal rights and obligations concerning Critical Content are elaborated further. Punshil Healthcare Pvt Ltd.’s Feedback Collection and Fraud Detection Policy, annexed as the Schedule hereto, are always subject to these Terms.

Punshil Healthcare Pvt Ltd reserves the right to gather feedback and Critical Content for all Practitioners, Clinics, and Healthcare Providers listed on the Website. Punshil Healthcare Pvt Ltd holds no obligation to pre-screen, review, flag, filter, modify, refuse, or eliminate any or all Critical Content from any Service, unless mandated by applicable law.

By using the Services, you acknowledge the possibility of exposure to Critical Content or other content that may be considered offensive or objectionable. Punshil Healthcare Pvt Ltd bears no liability for any adverse impact on a Practitioner’s business due to Critical Content of a negative nature. You engage with the Service at your own risk. However, as an 'intermediary, 'Punshil Healthcare Pvt Ltd takes necessary steps to comply with applicable law regarding the publication of Critical Content. The legal rights and obligations concerning Critical Content and other information intended for publication by Users are further outlined.

Punshil Healthcare Pvt Ltd will remove information according to standards consistent with applicable law and, under no circumstances, shall be held liable or responsible for Critical Content created by Users. The principles outlined regarding third-party content in the Website's terms of Service shall apply mutatis mutandis to Critical Content posted on the Website.

Should Punshil Healthcare Pvt Ltd determine that inaccurate information or fraudulent feedback has been provided, it reserves the right to immediately suspend any of your accounts with Punshil Healthcare Pvt Ltd and make such declarations on the website, alongside your name/your clinic's name, as determined by Punshil Healthcare Pvt Ltd, for the safeguarding of its business and in the interests of Users.

16. RELEVANCE ALGORITHM:

Punshil Healthcare Pvt Ltd has developed the relevance algorithm to serve the best interests of the End-User and reserves the right to periodically adjust the relevance algorithm to enhance the quality of results provided to patients. It is a purely merit-driven, proprietary algorithm that cannot be customized for specific Practitioners. Punshil Healthcare Pvt Ltd shall not be held accountable for any impact on the Practitioner’s business interests arising from changes made in the Relevance Algorithm.

17. INDEPENDENT SERVICES:

Your utilization of each Service grants you right and responsibilities associated only with that particular Service and not with any other service that may be offered by Punshil Healthcare Pvt Ltd.

18. Punshil HEALTHCARE PVT LTD REACH RIGHTS:

Punshil Healthcare Pvt Ltd reserves the rights to exhibit sponsored advertisements on the Website. Such advertisements will be clearly marked as “Sponsored ads”. Without undermining the status of other content, Punshil Healthcare Pvt Ltd shall not be liable for the accuracy of information or claims made in the Sponsored ads. Punshil Healthcare Pvt Ltd does not advocate Users to visit the Sponsored ads page or to engage with any services offered through them. Punshil Healthcare Pvt Ltd shall not be responsible for the services provided by the providers of the Sponsored ads.

You declare and ensure that you will utilize these Services in compliance with applicable law. Any breach of applicable law resulting from your use of these Services shall be solely your responsibility, and Punshil Healthcare Pvt Ltd shall not bear any liability for the same.

19. BOOK APPOINTMENT AND CALL FACILITY:

Punshil Healthcare Pvt Ltd values the partnership with Practitioners on our platform and aims to ensure a mutually beneficial experience for Practitioners and their Users within the Punshil Healthcare Pvt Ltd booking platform. For all terms and conditions related to booking facilities on Punshil Healthcare Pvt Ltd profiles, please refer to the Book Standards.

Practitioners acknowledge that Punshil Healthcare Pvt Ltd shall not bear any responsibility, under any circumstance, for comments or feedback provided by any of the Users concerning the Services offered by the Practitioner. The decision to publish, modify, moderate, or mask (as required by law or norms) the feedback provided by Users shall solely lie at the discretion of Punshil Healthcare Pvt Ltd.

20. PRACTITIONER UNDERTAKING:

1. Legal Qualifications: The Practitioner must be officially registered, licensed, and fully qualified to offer medical services or healthcare, complying rigorously with the guidelines, regulations, and directives outlined by competent authorities.

2. Unrestricted Practice: The Practitioner affirms not being part of any agreement or arrangement that inhibits or restricts their ability to practice medicine within the Indian territory. Any obligations or contractual commitments must align with the practitioner's freedom to serve within the boundaries of India.

3. Adherence to Regulations: It's imperative that the Practitioner strictly complies with all applicable laws governing their medical practice. This includes abiding by the stipulated regulations while delivering consultations or providing healthcare services, ensuring uncompromising compliance at all times.

21. RIGHTS AND OBLIGATIONS RELATING TO CONTENT:

Content Guidelines

As stipulated by Regulation 3(2) of the IG Rules, Users accessing Punshil Healthcare Pvt Ltd.'s platform are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing any information that:

• • Belongs to another person without proper authorization.
• • Constitutes grossly harmful, harassing, defamatory, obscene, pornographic, invasive of privacy, hateful, racially or ethnically objectionable, or encourages illegal activities.
• • Causes harm to minors in any form.
• • Infringes upon patents, trademarks, copyrights, or other proprietary rights.
• • Violates existing laws or regulations.
• • Deceives or misleads the addressee about the message's origin, or transmits offensive or threatening information.
• • Assumes another person's identity.
• • Contains viruses, malware, or any other code designed to disrupt or limit computer functionality.

Threatens the integrity, sovereignty, or public order of any nation.

Prohibited User Conduct

Users must refrain from:

• • Attempting to compromise the integrity or security of Punshil Healthcare Pvt Ltd.'s platform or any of its content.
• • Transmitting disruptive or competitive information that hampers the provision of services.
• • Intentionally providing incomplete or inaccurate information.
• • Initiating unsolicited communications with other Users.
• • Using any unauthorized tools or mechanisms to navigate or access the platform.
• • Attempting reverse engineering or unauthorized access to the platform's components..
• • Replicating or duplicating Punshil Content or any information available on the platform.
• • Employing techniques to circumvent or disable security features.

Compliance and Enforcement Punshil Healthcare Pvt Ltd., upon becoming aware of any information contravening to terms and condition reserves the right to disable such content and retain associated records for a minimum of 90 (ninety) days, adhering to governmental mandates for investigative purposes.

Non-compliance and Termination In the event of User non-compliance with applicable laws, regulations, or the agreed-upon terms, including the Privacy Policy, Punshil Healthcare Pvt Ltd. reserves the right to terminate User access to the platform and expunge non-compliant content.

Disclosure and Data Transfer Punshil Healthcare Pvt Ltd. may disclose or transfer User-generated information to affiliates or governmental authorities as mandated by applicable laws, provided consent by the User. This transfer is executed under regulations ensuring similar levels of data protection adhered to by Punshil Healthcare Pvt Ltd. as per the SPI Rules. Punshil Healthcare Pvt Ltd. respects intellectual property rights and disclaims responsibility for any infringements.

Grounds for Termination Punshil Healthcare Pvt Ltd reserves the irrevocable right to suspend or terminate a User’s access to the Website and Services, with or without prior notice, in the following instances:

• • Breach of any terms and conditions as outlined in the Agreement.
• • A third-party reports violation of their rights due to the User's utilization of the Services.
• • Inability to verify or authenticate the information provided by a User.
• • Reasonable suspicion of illegal, fraudulent, or abusive activity by the User.
• • Actions by the User that, at Punshil Healthcare Pvt Ltd.’s sole discretion, may result in legal liability or contravene the Website's interests.

22. LIMITATION OF LIABILITY:

In no event, including but not limited to negligence, shall Punshil Healthcare Pvt Ltd, its directors, officers, employees, agents, or content or service providers (collectively referred to as the “Protected Entities”) be held 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, its content, materials, and related functions, or the Services, including but not limited to 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.

The Protected Entities shall not be held liable for:

• • The provision or failure to provide 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.
• • 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 2000/- (Rupees Two Thousands Only).

23. RETENTION AND REMOVAL:

Punshil Healthcare Pvt Ltd may retain information collected from Users on its Website or Services for a period as deemed necessary, considering the type of information, its purpose, means, and modes of usage, in accordance with the SPI Rules. Computer web server logs may be preserved for administrative requirements.

24. APPLICABLE LAW AND DISPUTE SETTLEMENT:

You hereby agree that this Agreement and any contractual obligation between Punshil Healthcare Pvt Ltd and the User shall be governed by the laws of India.

Any dispute, claim, or controversy arising from 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 resolved by arbitration in India. The arbitration proceedings shall be conducted under the provisions of the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All arbitration proceedings, including any awards, shall be conducted in the English language. The arbitration award shall be final and binding on the disputing parties.

Except as provided with terms and condition, the courts at New Delhi shall have exclusive jurisdiction over any disputes arising from or in relation to this Agreement, your utilization of the Website or the Services, or the information to which it provides access.

25. CONTACT INFORMATION AND GRIEVANCE OFFICER:

Should a User have any Enquiries concerning Punshil Healthcare Pvt Ltd, the Website, this Agreement, or the Services, or any related matters, our customer support team can be contacted at the following email address: support@punshilhealthcare.com or via the contact details available at www.punshilhealthcare.com/contact.

In compliance with the Information Technology Act, 2000, and its associated regulations, for any grievances related to the Website or its services, including issues with information processing, you may reach out to our Grievance Officer at New Delhi.

26. SEVERABILITY:

Should any provision of this Agreement be deemed unenforceable by a court of competent jurisdiction or arbitral tribunal under applicable law, that specific provision shall be deemed excluded from this Agreement. The remainder of the Agreement shall be construed as if such a provision were excluded and shall be enforceable in accordance with its terms. However, in such a scenario, the Agreement shall be interpreted to the fullest extent consistent with and permitted by applicable law to uphold the meaning and intention of the excluded provision, as determined by the aforementioned court of competent jurisdiction or arbitral tribunal

27. WAIVER:

No provision of this Agreement shall be considered waived, and no breach excused unless such waiver or consent is provided in writing and signed by Punshil Healthcare Pvt Ltd. Any consent provided by Punshil Healthcare Pvt Ltd or a waiver of any breach by you, whether explicitly or implicitly expressed, shall not be construed as consent to, waiver of, or excuse for any other different or subsequent breach.

28. PUNSHIL HEALTHCARE PVT LTD HEALTH PLAN – USER TERMS AND CONDITIONS:

The following terms and conditions ("Punshil Health Plan Terms") outline the services provided to You (as defined below), which involve facilitating consultations and other outlined benefits with the Practitioners (comprising healthcare providers, including doctors, agents, and employees), Registered Pharmacies responsible for medicine orders, Diagnostic Centers conducting diagnostic tests, and any additional benefits that Punshil Healthcare Pvt Ltd may introduce as part of the subscription to the Punshil Health Plan ("Health Plan Service" / "Plan"). The Health Plan Service is operated and facilitated by Punshil Healthcare Pvt Ltd through the Website.

29. NATURE AND APPLICABILITY OF TERMS:

Carefully review these Punshil Health Plan Terms before opting for the Health Plan Service facilitated by Punshil Healthcare Pvt Ltd on its Website. These Punshil Health Plan Terms are additional to the Punshil Terms and Conditions (accessible at https://www.punshilhealthcare.com/terms) along with the Privacy Policy (available at https://www.punshilhealthcare.com/privacy), collectively known as the "Standard Policies." They constitute a binding agreement between You and Punshil Healthcare Pvt Ltd. In case of any discrepancy between the Standard Policies and these Punshil Health Plan Terms, these Terms shall prevail.

These Punshil Health Plan Terms are applicable to any individual subscribing to the Health Plan Service on behalf of a patient, individually, or for their family members/relatives. The primary user must be registered on the Website and subscribed to the Health Plan Service. For these Punshil Health Plan Terms, the primary subscriber to the Health Plan Service is the individual designated as the primary user ("Primary User") in the Plan Page, subscribing either individually or for other members, collectively referred to as the "Covered Members."

In availing the Health Plan Service, you can select different packages available under the Health Plan Service/Plan that best suits Your needs as per the plan details in your Punshil application ("Plan Details"). User-specific details will be accessible on Your purchased plan page ("Plan Page") within Your Punshil application.

Queries about any part of these Punshil Health Plan Terms? Contact us at support@punshilhealthcare.com.

By using the Health Plan Service, you accept the terms of the Standard Policies and these Punshil Health Plan Terms. We retain the right to modify or terminate any part of these Punshil Health Plan Terms and the Standard Policies for any reason and at any time. Such modifications will be notified to You through appropriate channels on the Website. You should regularly review these Punshil Health Plan Terms and the Standard Policies. Continued use of the Health Plan Service post-modification signifies your agreement to comply with the modified Terms and the Standard Policies.

Your acceptance of these Punshil Health Plan Terms is specific to availing any Health Plan Service. If you disagree with any part of these Punshil Health Plan Terms and/or the Standard Policies, kindly refrain from using the Website or availing the Health Plan Service.

30. PUNSHIL HEALTHCARE PVT LTD - HEALTHCARE PLAN USER TERMS:

CONDITIONS OF USE: To register on our website for accessing the Healthcare Plan Service as a Primary User, you must be eighteen (18) years of age or older. As the Primary User, you can include minors as Covered Members under the Healthcare Plan Service, understanding that you are solely responsible and accountable for their compliance with these Punshil Healthcare Plan Terms. By using the website for availing the Healthcare Plan Service, you confirm that You are eighteen (18) years of age or older, have the authority to contract on behalf of a Covered Member below the age of majority, and agree to these Terms and the Standard Policies.

31. TERMS OF THE HEALTHCARE PLAN SERVICE:

Term: The Healthcare Plan Service subscribed by You remains valid for the specified period in the Plan Details from the subscription date ("Term"). Post the Term's expiration, you can opt for a different Plan or renew Your existing subscription based on valid and subsisting terms at the subscription or renewal time. Benefits cannot be carried forward post the Term.

Registration: The Primary User, registered on the Website, subscribes to the Healthcare Plan Service by paying the applicable fees as per the Plan Details. Each Covered Member under the subscribed Healthcare Plan Service follows an authentication process. The maximum number of Covered Members per Primary User is detailed in the Plan Details.

Information: During Healthcare Plan Service registration, you will provide personal information to create a medical history and profile accessible to the Practitioners, handled as per the Standard Policies. Any discussions with the Family Doctor will be retained in our database, maintaining confidentiality as per the Standard Policies. We do not endorse Practitioners acting as Family Doctors and are not liable for prescribed drugs/therapies. We do not provide medical advice and bear no liability for consultation outcomes between You and the Practitioner.

32. REFUND AND CANCELLATION POLICY:

We will refund the Healthcare Plan Subscription amount after deducting consultation fees for the availed consultations.

Refund policies vary based on the cancellation request date:

• • 16-89 days: 75% refund or actual cost of services availed, whichever is higher.
• • 90-179 days: 50% refund or actual cost of services availed, whichever is higher.
• • 180-269 days: 25% refund or actual cost of services availed, whichever is higher.
• • After 269 days: No refund.

Each Plan user is entitled to 1 active online consultation for 60 minutes. We reserve the right to revise the fair usage policy based on future analysis.

33. APPLICABILITY OF THE STANDARD POLICIES:

These Punshil Healthcare Plan Terms are supplemental to the Standard Policies. If there's any inconsistency, these Terms prevail.

34. REIMBURSEMENT UNDER PUNSHIL PLUS PLAN – TERMS & CONDITIONS:

Users subscribing to the Punshil Plus Plan can receive reimbursements on Consultation Fees subject to specific conditions outlined in the Terms.