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Terms of Use

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 MyPoqet Technologies Private Limited, a company incorporated under the laws of India and having its registered office at E106, Parimala Sunridge, Varthur Main Road, Bengaluru, Karnataka, 560066 (Company, piRx, 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.

 

DEFINITIONS
  • “Platform” means the Website, chatbot, mobile app, and other asynchronous formats of accessing our services;

  • “Privacy Policy” means the privacy policy available at the Platform which can be accessed on our website;

  • “Services” means the services provided by Us through the Platform including but not limited to consultations, interaction with wellness coaches, facilitation of diagnostic services, general advice, content, etc.;

  • “Users” means the individual who uses the Platform whether registered or not; and

  • “User Information” means any and all information provided by the User while signing up or using the Platform thereafter.

 

USE OF THE PLATFORM
  • 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. You shall only use the advice, prescriptions, and consultations provided to you, for your own purposes only and must not be shared with anyone else for their own medical purposes or use. 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.

  • Any and all information, material or details available on the Platform is not a substitute for medical care or advice and none of this information should be used for the purpose of self-diagnosis or treatment. 

  • The Platform is not meant to be a substitute for emergency medical care.

  • The details of the registered medical practitioners available on the Platform from time to time is not a recommendation or endorsement by Us regarding the qualifications or the services provided by such practitioners and the decision to avail the Medical Services has been made by You voluntarily, at Your option.   

  • Should You choose to proceed with a Practitioner displayed / identified / listed by us, for any purpose whatsoever, including without limitation, posing a question, seeking medical advisory service, exchanging Patient information or charts, seeking appointments, etc., we are not a party to such interaction and take no liability arising from such communication.

  • 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 Platform.

  • No doctor-patient relationship is created between You and Us or You and any Registered Medical Practitioner engaged or appointed by Us, merely by accessing information, booking an appointment or purchasing a service from Us. 

  • By providing information to us, you confirm your understanding and acceptance of our Privacy Policy.

  • In order to avail our Services, you must be of 18 years of age or older.

  • By using this Platform, You consent to receiving telephonic calls, SMSes, emails and/or other means of communication from us and other Users. Such communications shall be sent to You on the telephone number and/or email id provided by You for the use of this Platform which are subject to our Privacy Policy.

  • You agree and consent to receive all communications at the mobile number provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, you further authorize Us to share/disclose the information to any third party service provider or any affiliates, group companies, their authorised agents or third party service providers.

  • Notwithstanding your registration with National Do Not Call Registry (In Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India), you hereby express your interest and accord its willful consent to receive communication (including commercial communication) in relation to company name. You further confirm that any communication, as mentioned herein above, shall not be construed as Unsolicited Commercial Communication under the TRAI guidelines and you have specifically opted to receive communication in this regard on the telephone number provided by you, the user.

  • We may make calls, send SMS, and schedule meetings through a third-party platforms.

  • 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.

  • You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Platform.

  • If the Platform allows You to post and upload any material/data on the Platform, You hereby undertake to ensure that such material/data is not offensive and is in accordance with applicable laws. All material added, created, uploaded, submitted, distributed, or posted to the Platform by You is Your sole responsibility. We reserve the right to review any information provided/data uploaded, if any, by You on the Platform and delete any information/data that is inconsistent with these Terms.

  • Further, You undertake not to:  

    • defame, abuse, harass, threaten or otherwise violate the legal rights of others;

    • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

    • copy, republish, post, display, translate, transmit, reproduce or distribute any content through any medium without obtaining the necessary authorization from Us;

    • conduct or forward surveys, contests, pyramid schemes or chain letters;

    • upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

    • upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer or provide You undue advantage or benefit;

    • engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);

    • attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any of the server belonging to Us or our partner companies, by hacking, password mining or any other illegitimate means;

    • probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or Platform Services or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;

    • disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;

    • collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section.

    • use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;

    • use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, bookings, documents or information through any means not specifically made available through the Platform.

    • use the Platform or any material for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Us or other third parties;

    • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

    • violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;

    • violate these Terms contained herein or elsewhere; and

    • reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

  • The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, Images, photos, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is owned and controlled by the Company and / or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.  The trademarks, logos and service marks displayed on the Platform are the property of the Company and / or other respective third parties, as the case may be. You are not permitted to use these without Our prior consent.

 

DISCLAIMER AND LIMITATION OF LIABILITY
  • We do not support or endorse the services of any Practitioners displayed / made available through the Platform.

  • We assume no liability for the repercussions of using the Platform for the purpose of transmitting User’s medical / personal data to any other User, including without limitation, loss of data, failure to boot, or other errors in the working of the device on to which the Platform has been downloaded.

  • 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.

  • We hereby disclaim any responsibility towards Users in terms of development, maintenance and updating of the Platform. Any modification, development, maintenance or updating of the Platform and any modification, transfer, license or assignment of the rights in the Platform shall be done by Us as per its sole judgment and in its sole discretion.

  • The Platform and Services provided by Us is provided “as-is,” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). To the fullest extent permitted by law, We disclaim all liability arising out of the User’s use or reliance upon the Platform, the Services, Content, representations and warranties made by Us or any opinion or suggestion given or expressed by Us or our agents (including Practitioners).

  • Specifically, the Company disclaims any liability arising out of:

    • Any pre-existing medical condition; or

    • Any adverse drug reaction (due to any act or omission based on information found on the Platform, or otherwise); or

    • Sudden escalation of a prior medical condition or medical situations that occur on account of omission of critical and material health information by a User; or

    • for the consequences of you reading or relying on content on the platform.

    • Any representation and/or warranty for the security, reliability, quality, timeliness, and performance of the platform, practitioner information, service information, content or advice, access to or alteration of user content, transmissions or data and any other matters relating to the Platform and / or services.

  • We do not provide any guarantee and shall not be held liable or responsible for the failure to send any communication, notification or reminder to you whether as a feature of the Platform or not.

  • We shall not be responsible or liable for any breach or loss of data including personal information caused due to events beyond Our control due to technical reasons or third party actions.

  • You understand that there are inherent risks involved in receiving medical services over a mobile/computer platform, which include:

    • Information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical decision making by a Practitioner;

    • Your Practitioner may neither be able to provide medical treatment to You nor provide for or arrange for care that You may require in the case of an emergency;

    • Delays in medical evaluation and treatment could occur due to deficiencies or failures of the Platform;

    • Security protocols could fail, causing a breach of privacy of Your confidential medical information.

    • A lack of access to complete medical records may result in errors in medical judgment.

    • User may expect the anticipated benefits from the Services provided by Us, Practitioners and its authorized representatives, but no results can be guaranteed. User’s condition may not be cured or improved, and in some cases, may get worse.

  • All medico legal liability attributable to Registered Medical Practitioner engaged by Us shall be the sole responsibility of such Registered Medical Practitioner.

  • You further agree and confirm that the Company shall not be responsible, in any manner whatsoever, for any delay in performance or failure to meet its obligations under this Terms which may be caused, directly or indirectly, due to:

    • Your failure to cooperate;

    • Your unavailability and/or unresponsiveness;

    • Unavailability of Registered Medical Practitioners, coaches, agents, etc;

    • Cancellation of appointments;

    • Your failure to provide accurate and complete Medical Records; or

    • Your failure to provide or facilitate the submission of, Medical Records or samples in a proper and timely manner.

    • any event beyond Our reasonable control including, but not limited to, due to any force majeure event.

  • You hereby acknowledge that under no circumstances shall We, our employees, consultants, agents or officers be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from Your use of or inability to use our Platform or Services.

  • Notwithstanding anything to the contrary in this Agreement, 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 the terms and conditions or a User’s use of the Platform exceed, in the aggregate, INR 2000 or the amount of payment against Services that has been directly received by Us from the User in the past two weeks, whichever is lower.

 

SERVICES, FEES, PAYMENTS, REFUNDS
  • We provide the following services:

    • One-on-one or tele-consultation with registered medical practitioner / consultant

    • One-on-one or tele-consultation with therapists / coaches

    • In-person or online integrated therapies by trained professionals

    • Educational content available in synchronous or asynchronous format

  • All payments in respect of our Platform or Services shall be collected in advance on the Platform. Additional taxes or third-party charges may apply. You agree that We may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.

  • You may cancel the appointments for the Medical Services prior to the appointment. The cancellation shall be governed as per the timelines mentioned on the Platform. You shall not be entitled to any refunds if appointments are cancelled after the period as specified in the timeline provided on the Platform.

  • You may reschedule the appointments for the Medical Services prior to the appointment, subject to availability of a time slot/registered medical practitioner for appointment. Timelines mentioned on the Platform shall govern such rescheduling of appointments.

  • In case of any cancellation either by You (subject to the terms specified above) or Our agents/partners, the amounts paid in respect of such Services shall be initiated for refund within five (5) business days from the date of such request of refund. Timelines for refund of the designated amount to the source account shall be governed as per the relevant bank’s policy.

  • In order to make payments online, You undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. By providing the Payment Details, You represent, warrant, and covenant that: (1) You are legally authorized to provide such Payment Details; (2) You are legally authorized to perform payments using such Payment Details; and (3) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. We shall use the Payment Details as described in Our Privacy Policy. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.

  • Except to the extent otherwise required by applicable law, We are not liable for any payments authorized through the Platform using Your Payment Details. Particularly, We are not liable for any payments that do not complete because: (1) Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided; (2) You have not provided Us with correct Payment Details; (3) Your payment card has expired; or (4) circumstances beyond Our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

 

SUSPENSTION AND TERMINATION
  • These Terms will continue to apply until terminated by either You or Us as set forth below:

    • If You object to these Terms or are dissatisfied with the Platform, your only recourse is to stop accessing the Platform.

    • The Company may delist You or block Your future access to the Platform or suspend or terminate your Account if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms will survive indefinitely unless and until the Company chooses to terminate them.

    • If You or the Company terminate Your use of the Platform, We may delete any content or other materials relating to Your use of the Platform without any liability to You or any third party for doing so. However, your transactions details may be preserved for purposes of tax or regulatory compliance.

    • You shall be liable to pay for any Services that you have already ordered till the time of termination by either party whatsoever.

 

GRIEVANCE REDRESSAL
  • In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Platform or if You wish to report a grievance regarding Platform, please report the same to the following e-mail id: hello@pirx.life.

 

GOVERNING LAW AND JURISDICTION
  • These Terms shall be governed by the laws of India. In the event of any dispute between the Parties in relation to these Terms, the courts in Bengaluru shall have exclusive jurisdiction.

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