The following terms (“Terms of Use” or “Terms”) and the Privacy Policy (as defined below) govern the access, viewing or use by you (hereinafter be referred to as “User” or “you” or “your”) of the services available through the Platform (as defined below).
This Platform (as defined below) is owned and operated by Pink Rose Health, Online division of Dr. Khare's Women Clinic, having its office at Shop No: 6 & 7, B-Wing, Progressive Arcade, Plot No: 94/95, Sector - 14, CBD Belapur, Navi Mumbai - 400614 (Company, we, us, our). By accessing, downloading, and using the Platform you agree to be bound and be governed by these Terms of Use and the Privacy Policy.
1. DEFINITION a. “Platform” means the Website; b. “Privacy Policy” means the privacy policy available at the Platform which can be accessed at https://pinkrosehealth.com/ /privacy-policy c. “Services” means the services provided by the Company through the Platform including but not limited to consultations, facilitation of diagnostic services(if any), general advice, provision of content, as sought by you; d. “Website” means www.pinkrosehealth.com which can be accessed on a mobile phone, tablet or a computing device; e. “Users” means the individual who uses the Platform whether registered or not; and f. “User Information” means any and all information provided by the User, including User’s name, age, sex, address, email and phone number, name of User’s child, sex and age, while signing up for the Platform or thereafter.2. USE OF THE PLATFORM 1. The Services are provided to you only for your personal and non-commercial use and should not be shared with any third party whether individuals or otherwise. As the nature of Services provided to you is highly sensitive in nature and is specific to your interactions with us and the requirements provided by you, you shall only use the advice, prescriptions, and consultations provided to you, for your own purposes only. The advice so provided to you, must not be shared with anyone else for their own medical purposes or use. 2. You agree to use all our Services in accordance with the applicable laws, rules and regulations, or any other specific restrictions on the use of the Service or content therein. To find more information about our Services, or if you need any assistance with our Services, please write to us at info@gynaecologistinnavimumbai.com 3. By providing information to us, you confirm your understanding and acceptance of our Privacy Policy. 4. In order to avail our Services, you must be of 18 years of age or older or have attained the age of majority in your country. 5. In relation to the use and access of the Platform, its content, and features, you agree and undertake not to: a. re-sell the usage of the Platform; b. upload, transmit or publish any information on behalf of a third party, including any User Information of any person other than you, and more specifically, you will not impersonate another person; c. upload, transmit or publish any information or material which is grossly harmful, false, misleading, abusive, harassing, bigoted, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; d. create User accounts by automated means or under false or fraudulent pretenses; e. take any action that imposes, or may impose an unreasonable or disproportionately large load on the IT infrastructure used by the Platform; f. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform; g. upload, transmit or publish any information or material which may harm minors in any way; h. violate or invade the privacy of any person or other Users; i. upload, transmit or publish any viruses or other malware, to corrupt, interrupt, limit, destroy or otherwise impact the Platform, the Company’s computer systems, or the computer systems of other Users or third-party systems; j. upload transmit or publish anything which you do not have the rights to or any material which infringes the intellectual property rights (in whatever form) of any third-party; k. deceive or mislead the other Users of the Platform about the origin of the messages you post or communicate any information which is grossly offensive or menacing in nature; l. access the Platform in any unauthorized manner, including by hacking or using the log-in credentials of any other User; m. use the Platform for any unauthorized marketing purposes or for sending any unsolicited materials or spamming; and n. do any acts that threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation. 6. You must note that the content published on our Platform is purely informational in nature and is not to be treated as medical advice without the express and essential consultations with qualified professionals (either those whose services are available through our Platform or other third party duly qualified professionals). 7. The professionals whose services you can avail through our Platform are registered medical practitioners (RMPs), diagnostic services providers and health instructors. 8. The RMPs, diagnostic service provider, and health instructors that you interact with have the discretion to decide on the appropriate mode of communication. This will be done keeping in mind the clinical protocols that the RMPs, diagnostic service providers and health instructors are bound by. 9. You further agree and undertake that the information you provide pertaining to the context, your health condition and medical condition is accurate, and agree for the information so provided to become a part of your health records, diagnosis, prescriptions, or any such other documents or records created during your consultation through the Platform. 10. You further agree and undertake to ensure compliance with the instructions of the RMPs, diagnostic service providers, and health instructors (as the case may be), including the health education, counselling and prescription made to you. Should you deviate from such prescription, health education and counselling, neither the Company nor the RMP, diagnostic service provider and health instructor (as the case may be) will be liable for any adverse situation/consequences arising thereof. 11. The services are not designed for or intended to provide emergency care or to address circumstances which require a visit to the casualty/emergency department of a hospital. You hereby undertake that in case of a medical emergency, you will not rely on the Services for treatment. You must ensure that in case of a medical emergency, you shall seek urgent and immediate medical attention in a nearby physical facility, or with a locally and physically available medical professional. 12. Your interaction with the RMPs, diagnostic service provider and health instructors (as the case may be), is governed by the applicable laws and our contractual engagement with the RMPs, diagnostic service provider and health instructors (as the case may be). Please note that the Company and the Platform facilitate the interactions between you and the RMPs, diagnostic service provider and/or health instructors and that the Services are subject to the limitations and disclaimers set forth in Clause 9 below. 13. The Services provided to you could host a range of offerings which could be in the asynchronous as well as the synchronous format/s accommodating real-time and store and forward models for consultation. Any new modes of communication, as and when introduced, will also be governed by these Terms, and other internal policies of the Company. 14. You hereby allow us to contact you through any mode or medium using the contact details you provided.
3. REGISTRATION 1. You must register on our Platform in order to avail the Services, and for providing the same, we will seek further information and identification documentation from you in consonance with our Privacy Policy. 2. You agree that you will not create more than one User account or create a User account for anyone other than yourself without first receiving permission from such other person. We may, at our sole discretion, refuse to accept your registration due to non-compliance with any eligibility requirement for such registration. 3. You shall, at all times, be responsible for any activities that are undertaken through your User account. 4. You represent that you have all rights required to provide the information that you provide on the Platform, including the User Information and represent that it is true and accurate. 5. All User Information will be used and processed in accordance with the Terms of Use and the Privacy Policy. 6. We engage third party service providers, including courier services, for the purposes of fulfilment of your orders, as placed on the Platform. Your relevant information will be shared with such third parties as required.
4. BOOK TELECONSULTATION OR DIAGNOSTIC SERVICES 1. The Platform enables Users to connect with RMPs, health instructors and diagnostic service providers (as the case may be) through the following methods: a) Book Consultation that allows Users to book an appointment through the Platform with the listed RMPs and health instructors ; b) WhatsApp- Message Us- which connect Users to a Company representative, who will assist Users to book Services with the RMPs, health instructor and diagnostic service provider (as the case may be) 2. Users understand that the Platform collects User Information for the provision of the Services and allied/ancillary purposes. Users further understand and agree that the collected User Information shall be provided to RMPs, health instructors and diagnostic service providers (as the case may be) for the purpose of appointment with the respective RMPs, health instructor and diagnostic service provider (as the case may be). 3. The Company will ensure that the User’s appointments are confirmed by the respective RMPs, health instructors and diagnostic service providers (as the case may be). However, in the event such appointment is cancelled by the RMPs, diagnostic service providers and health instructors (as the case may be), the Company shall have no liability towards the same. 4. The User understands and agrees that the Company is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between Users and RMPs, health instructors and diagnostic service provider (as the case may be). It is only the RMPs, heath instructors and diagnostic service providers (as the case may be) who will be liable to the Users for: (i)User interactions and associated issues that the User may have with the RMPs, health instructors and diagnostic service providers (as the case may be).; (ii) the ability or intent of the RMPs, health instructors and diagnostic service providers (as the case may be) or the lack of it, in fulfilling their obligations towards the Users; (iii) any wrong medication or quality of treatment being given by the RMPs, health instructors and diagnostic service providers (as the case may be), or any medical negligence, inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the RMPs, health instructors and diagnostic service providers (as the case may be) to provide agreed Services; and (v) cancellation or no show by the RMPs, health instructors and diagnostic service providers (as the case may be) or rescheduling of a booked appointment or any variation in the fees charged.
5. SUPPORT PROGRAMS 1. Users can sign up for the support programmes facilitated by the Platform. These programmes consist of consultation with RMPs, health instructors, and subject- matter experts onboarded by the Company, therapy sessions, details of which can be found here https://www.pinkrosehealth.com. User understands that the Platform only facilitates participation to such support programs. 2. User understands and acknowledges that the advice and any diagnosis provided by the RMPs, health instructors and subject-matter experts during or through the support program are solely based on the information provided by the Users and the expertise of the RMPs, health instructors and subject matter experts. The Company is not involved in providing any healthcare or medical advice or diagnosis directly or indirectly to any User and hence is not responsible for any interactions between Users and the RMPs, health instructors or subject matter experts pursuant to the support program. To the fullest extent permitted by applicable law, the Company hereby disclaims and excludes all representations, warranties and liability with respect to all information, advice and any diagnosis provided by the RMPs, health instructors and subject-matter experts. 3. In the event of any complaints regarding the booking facility or the program, the same can be reported to info@gynaecologistinnavimumbai.com. 4. In the event of cancellation of the program which the User has signed up for or the RMP or the health instructor or the subject-matter expert is not available for their session, then the Platform shall take reasonable efforts to give you prior notice of such cancellation/issue. In the event no notification is sent, then you may contact us at info@gynaecologistinnavimumbai.com. The Platform shall endeavour to reschedule the session as per User’s convenience or refund the payment made at the time of signing-up of the program. If the User cancels, then please refer to our cancellation and refund policy set forth in Clause 9 below.6. THIRD PARTY INTERACTIONS From time to time, this Website may contain links, or host content or resources provided by third parties. We provide you with third party links/ content solely for your information and convenience. We do not make any representations or warranties about the content, suitability or appropriateness about the content or products contained in any third-party websites or resources. We urge you to read their internal policies for your continued interaction with such third parties.
7. CANCELLATION AND REFUND POLICY 1. TELECONSULTATION Free cancellation of the appointment can only be done up to 2 hours prior to the scheduled appointment (subject to choice of Service availed). Any cancellation request made less than 2 hours to the appointment will be reviewed on a case-to-case basis. An appointment can be rescheduled any time upon payment of an adjustment fee (if applicable, amount depends on the current fee of the selected healthcare provider and the previous healthcare provider).). There will be no adjustment fee applicable if the appointment is rescheduled with the same healthcare provider. No refunds will be processed in case of patient no-shows. In case the RMP fails to attend the session, the patient will have the choice of a reschedule or a complete refund. In case there is a delay from the patient’s end, the Company will not be liable and will not be able to provide a(n) refund/free reschedule/extended appointment duration. Please contact us at bookings@proactiveforher.com in case you have any questions. 2. SUPPORT PROGRAMS For subscription-based support programs- If you have purchased a subscription to one of our support programs, your subscription will be for a minimum period equal to the length of the support program and cannot be cancelled. You have the option to cancel once the support program has ended and you do not want to renew your subscription. If you cancel your subscription prior to fulfilling your support program commitment, you will continue to be billed monthly until the support program is complete. If you cannot participate in any of the sessions for unforeseen circumstances, please note that refunds will be reviewed on a case-by-case basis, and you can reach out to info@gynaecologistinnavimumbai.com. For support programs requiring a one-time-payment- In case you do not want to be part of the support program, then please reach out to info@gynaecologistinnavimumbai.com, Please note that the fees for sessions that are already used and attended will not be refunded. If you cannot participate in any of the sessions for unforeseen circumstances, please note that refunds will be reviewed on a case-by-case basis, and you can reach out to info@gynaecologistinnavimumbai.com.
8. DISCLAIMER AND LIMITATION OF LIABILITY 1. We assume no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access, viewing, or use of the Platform. 2. To the maximum extent permitted by law, we will not be liable in any way for any loss or damage suffered by you through use of or access to this Platform, or our failure to provide this Platform. We take all reasonable care to ensure the availability of the Platform. However, the Platform may at times be unavailable due to maintenance or other technical issues, or for reasons beyond our control. We do not warrant uninterrupted access to the Platform. We have no obligation to notify you in the event of unavailability of the Platform. Our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide this website or any part of it, or for any problems with this Website, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to enabling the resupply of the affected Services or Rs 5,000. 3. We may provide links to third-party websites, our payment service providers/partners, who may process your payment details. We are not responsible for the availability or proper functioning of such linked pages or sites, and we will not be held responsible for any loss or inconvenience encountered as a result of using such third-party links. 4. We may provide some content, data, graphics, images, information, suggestions, guidance, including the blogs posted on the Platform or the Platform may host webinars from time to time which may be provided by subject-matter experts, healthcare instructor or medical professionals. Such information is provided on an as is basis and does not create a patient-doctor relationship between the Platform and the User and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular health condition. All such information provided on the Platform are merely for information purpose only. The Platform or the Company does not represent or warrant, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Platform. In no event shall the Company be liable to you or anyone else for any decision made or action taken by you in reliance on such information. 5. The Company is not involved in providing any healthcare or medical advice or diagnosis directly or indirectly to any User and hence is not responsible for any interactions between Users and the RMPs, healthcare instructors and diagnostic service providers providing such information. You understand and agree that the Company will not be liable for: a. your interactions and associated issues you may have with the RMP, healthcare instructors and diagnostic service providers; b. the ability or intent of the RMP, healthcare instructors and diagnostic service providers or the deficiency in fulfilling their obligations towards Users; c. any medication or quality of treatment being given by the RMPs healthcare instructors and diagnostic service providers, or any medical negligence on part of the RMPs healthcare instructors and diagnostic service providers that may or may not cause any form of injury to you; d. inappropriate treatment, cancellation of appointments, unavailability of the RMP, healthcare instructors and diagnostic service providers or similar difficulties or any type of inconvenience suffered by User due to a failure on the part of the RMPs, healthcare instructors and diagnostic service providers to provide any agreed services; e. any misconduct or inappropriate behavior by the RMPs, healthcare instructors and diagnostic service providers or their staff. f. you understand and agree that your engagement with any RMPs, healthcare instructors and diagnostic service providers does not in any manner create any medical professional or patient relationship between you and the Company, nor does it constitute an opinion, medical advice, or diagnosis or treatment of any particular condition; g. you understand that the prescriptions which are provided by the RMPs, are prescribed merely on an online consultation basis. The prescription provided by the RMPs are solely generated based upon the RMPs expertise and the information provided by the User. It is only the RMPs who is solely liable for or responsible towards the diagnosis conducted and the advice provided in the prescription pursuant to the same and the Company is in no way responsible for such prescription, diagnosis, or advice and hence disclaims all warranties in that regard; and Except otherwise expressly provided, any content or information is provided “as is” without warranty of any kind, either express or implied.
9. SUSPENSION, TERMINATION AND CANCELLATION You hereby agree that we have the right to immediately suspend access to the website if we suspect any violation of the Terms or any applicable laws & regulations. The Company shall have the right to keep and use data related to the website.
10. GOVERNING LAW These terms shall be governed by the laws of India and the exclusive jurisdiction of the courts of Navi Mumbai, without regards to any conflict of law provisions, and for resolution of any dispute arising out of your use of the Services.
11. GRIEVANCES If a User has any questions concerning the Platform, this Agreement, the Services, or anything related to any of the foregoing, User can reach us at the following email address: info@gynaecologistinnavimumbai.com. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: Name: Trapti Khare E-mail Id: info@gynaecologistinnavimumbai.com Address: Dr. Khare's Women Clinic, Shop No: 6 & 7, B-Wing, Progressive Arcade, Plot No: 94/95, Sector - 14, CBD Belapur, Navi Mumbai – 400614
12. SEVERABILITY If any provision or provisions of these Terms, shall be held to be illegal, invalid, or, unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
13. CHANGES TO TERMS OF USE AND ASSIGNMENT We may from time to time change these Terms of Use. We will notify you at least 30 (thirty) days before such changes apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time, and you agree to cooperate with us in connection with such an assignment or transfer. We recommend that you periodically check this page for any revised terms. Your continued use of the Services will be deemed to constitute your acceptance of all such revised terms.