Terms & Conditions

Terms of Use

Updated on 29/04/22

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 Platform (as defined below).

This Platform (as defined below) is owned and operated by Millennial Healthtech Private Limited, a company incorporated under the laws of India and having its registered office at No. 610, 12th main, HAL 2nd stage, Indiranagar, Bengaluru, Karnataka, 560038 (“Company, we, us” or “our”). 

By making a booking through the Platform you agree to be bound and be governed by these Terms of Use and the Privacy Policy. 

  1. DEFINITION

 

  1. Clinic” means the offline clinic of the Company located at No. 610, 12th main, HAL 2nd stage, Indiranagar, Bengaluru, Karnataka, 560038;

  1. Platform” means the Website;

 

  1. Privacy Policy” means the privacy policy available at the Platform which can be accessed at https://proactiveforher.com/privacy-policy; 

  1. Services” means the services provided by the Company in the Clinics which is listed in the Platform for booking including but not limited to consultations, facilitation of diagnostic services, , as sought by you;

  1. Website” means https://blrclinic.proactiveforher.com which can be accessed on a mobile phone, tablet or a computing device;

  1. Users” means the individual who uses the Platform; and

  1. “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 making a booking on the Platform or thereafter.

 

  1. 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.

  1. 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.

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

  1. 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.

  1. In relation to the use and access of the Platform, its content, and features, you agree and undertake not to:

  1. re-sell the usage of the Platform;
  2. 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;
  3. 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;
  4. create User accounts by automated means or under false or fraudulent pretences;
  5. take any action that imposes, or may impose an unreasonable or disproportionately large load on the IT infrastructure used by the Platform;
  6. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform;
  7. upload, transmit or publish any information or material which may harm minors in any way;
  8. violate or invade the privacy of any person or other Users;
  9. 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;
  10. 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;
  11. 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;
  12. access the Platform in any unauthorized manner, including by hacking or using the log-in credentials of any other User;
  13. use the Platform for any unauthorized marketing purposes or for sending any unsolicited materials or spamming; and
  14. 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.

 

  1. 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).

  1. The professionals whose services you can avail at the Clinic by booking consultations through our Platform are registered medical practitioners (RMPs), diagnostic services providers and health instructors.

  1. 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.

  1. 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.

  1. 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.

  1. 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 7 below.

  1. 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.

  1. You hereby allow us to contact you through any mode or medium using the contact details you provided.

  1. BOOK CONSULTATION OR DIAGNOSTIC SERVICES

 

  1. The Platform enables Users to book consultations with RMPs, health instructors and diagnostic service providers (as the case may be) available in the Clinic. 

  1. 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).

  1. Users shall visit the Clinic for the purpose of conducting various tests as maybe required for the health check-ups. Users can either opt to consult with the medical practitioners directly in the Clinic or opt for a teleconsultation. The Company will forward the relevant links and dial-in details for a video call in the event the User opts for teleconsultation.

  1. 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 providers (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.

  1. DIAGNOSTIC SERVICES

  1. We assist our Users to book slots with diagnostic centres/ laboratories which have partnered with the Company for providing diagnostic services for the purpose of conducting various tests as may be required by the Users pursuant to their health check-ups or as may be recommended by medical practitioners to such Users. The report generated pursuant to such test is provided by the diagnostic centre/ laboratory to us which in turn is provided to the Users.

  1. Information collected for facilitating diagnostic services may include–

  1. Your name;
  2. Your age;
  3. Your prescription (if applicable);
  4. Your test details;
  5. Your email id;
  6. Your address;
  7. Your phone number; and
  8. Your financial information.

 

  1. Other Terms

  1. User agrees to provide the details sought above for the purposes mentioned herein. User understands that we will have access to not only the User’s details but also to their reports and records that the diagnostic centre shall generate pursuant to the diagnostic services.
  2.  The User may opt for the home collection of samples, provided the relevant diagnostic service provider provides for home collection services. The process of home collection shall be conducted by the technicians of such diagnostic service provider as per their internal procedures and policies.
  3.  It is only the diagnostic service provider, who will be liable to the Users for: (i)User interactions and associated activities in fulfilling its obligations towards Users; (ii) cancellation or no show by the diagnostic service provider personnel/ technician or rescheduling of a booked appointment or any variation in the fees charged. Users understand that the diagnostic service provider is a third-party and the Company has no control over the procedures of the diagnostic service provider. The Company is merely a facilitator which facilitates the connection between User and the diagnostic service provider. The diagnostic service provider is solely liable for and responsible for the actual test and analysis undertaken and the underlying diagnosis provided in the report that will be generated by such service provider pursuant to the test. To the fullest extent permitted by applicable law, the Company hereby disclaims and excludes all representations, warranties and liability with respect to all information and diagnosis contained in the report generated by the diagnostic service provider.
  4. The invoice for the diagnostic services will be provided by the Company to the Users at the time of booking such diagnostic services through the Platform. Payment towards the said invoice shall be made online at the time of booking the diagnostic service.
  5. In the event of any complaints regarding the booking facility, the same can be reported to  diagnostics@proactiveforher.com 
  6. In the event the diagnostic service provider cancels your appointment or is not able to provide the services as scheduled, 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 diagnostics@proactiveforher.com. The Platform shall endeavour to reschedule the appointment as per User’s convenience or refund the payment made at the time of booking. If the User cancels, then please refer to our cancellation and refund policy set forth in Clause 6 below.

  1. 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.

  1. CANCELLATION AND REFUND POLICY

No refunds will be processed for any cancellation of appointment and patient no-shows. 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. 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.

 

  1. 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.

  1. 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 the Services availed in the Clinic, 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.

  1. 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.

  1. 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.

  1.  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:

 

  1. your interactions and associated issues you may have with the RMP, healthcare instructors and diagnostic service providers;
  2. the ability or intent of the RMP, healthcare instructors and diagnostic service providers or the deficiency in fulfilling their obligations towards Users;
  3. 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;
  4. 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;
  5. any misconduct or inappropriate behavior by the RMPs, healthcare instructors and diagnostic service providers or their staff.
  6. 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;
  7. you understand that the prescriptions  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

  1. You acknowledge that the lab test services are provided by third party diagnostic service providers and not by the Company. The Company is merely a facilitator which facilitates diagnostic services between you and the diagnostic service provider and creates a smart report as an attachment (which is not to be taken as or substituted for medical advice provided by the doctors, and only suggests recommendatory practices for better living), which is provided along with test results contained in the report provided by the diagnostic service provider.  The diagnostic center is solely liable for or responsible towards the actual test and analysis undertaken and the underlying diagnosis provided in the lab report. The Company hereby disclaims and excludes all warranties with respect to all information and diagnosis contained in the lab report.

  1. Except otherwise expressly provided, any content or information is provided “as is” without warranty of any kind, either express or implied.

  1. To the maximum extent permitted by applicable law, the aggregate liability of the Company to you or anyone, for any liabilities, claims, losses or damages, whether in contract, tort, negligence or otherwise, whether in connection with this Terms of Use, the Privacy Policy, your access and use of this the Platform and its contents and functionalities, or any Service or facility you avail of at or through the Company at the Clinic or otherwise or for any reason related to the operation of the Platform and/or the Services provided to you by the Company, howsoever arising, shall be limited to enabling the resupply of the affected Services or Rs 10,000 (Rupees Ten Thousand only).

  1. In no event shall the Company be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages.

  1. 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.

  1. GOVERNING LAW

These terms shall be governed by the laws of India and the exclusive jurisdiction of the courts of Bengaluru, without regards to any conflict of law provisions, and for resolution of any dispute arising out of your use of the Services.

  1.  GRIEVANCES

  1. 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: bookings@proactiveforher.com.

  1. 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: Seerat Kaur

E-mail Id: bookings@proactiveforher.com

Contact no.: +919882080808

Address: No. 610, 12th main, HAL 2nd stage, Indiranagar, Bengaluru, Karnataka, 560038

  1. 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.

  1. 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.