Pregawish Terms and Conditions



Pregawish (“Pregawish”) is the author and publisher of the internet resource www.pregawish.com and the mobile application ‘Pregawish’ (together, “Website”). Pregawish owns and operates the services provided through the Website.

1.NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.pregawish.com/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Pregawish. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Pregawish in connection with your visit to the Website and your use of the Services (as defined below).

The Agreement applies to you whether you are -
A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
Otherwise a user of the Website (“you” or “User”).

This Agreement applies to those services made available by Pregawish on the Website, which are offered free of charge to the Users (“Services”), including the following:
For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Pregawish, and (iii) to make appointments with Practitioners.

The Services may change from time to time, at the sole discretion of Pregawish, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@Pregawish.com.

By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

Your access to use of the Website and the Services will be solely at the discretion of Pregawish.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
the Indian Contract Act, 1872,
the (Indian) Information Technology Act, 2000, and
the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
2.CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Pregawish that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
3.TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

The terms in this Clause 3 are applicable only to Users other than Practitioners.
3.1END-USER ACCOUNT AND DATA PRIVACY
3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
3.1.2 Pregawish may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Pregawish’s services and to build new services.
3.1.3 The Website allows Pregawish to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.

3.1.4 The Privacy Policy sets out, inter-alia:
The type of information collected from Users, including sensitive personal data or information;
The purpose, means and modes of usage of such information;
How and to whom Pregawish will disclose such information; and,
Other information mandated by the SPI Rules.

3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
the fact that certain information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the nature of collection and retention of the information; and
the name and address of the agency that is collecting the information and the agency that will retain the information; and
the various rights available to such Users in respect of such information.
3.1.6 Pregawish shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Pregawish or to any other person acting on behalf of Pregawish.
3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Pregawish of any actual or suspected unauthorized use of the User’s account or password. Although Pregawish will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Pregawish or such other parties as the case may be, due to any unauthorized use of your account.
3.1.8If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Pregawish has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pregawish has the right to discontinue the Services to the User at its sole discretion.
3.1.9Pregawish may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.1.10Against every Practitioner listed in Pregawish.com, you may see a ‘show number’ option. When you choose this option, you choose to call the number through a free telephony service provided by Pregawish, and the records of such calls are recorded and stored in Pregawish’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by Pregawish should be used only for appointment and booking purposes, and not for consultation on health-related issues. Pregawish accepts no liability if the call facility is not used in accordance with the foregoing.
3.2RELEVANCE ALGORITHM

Pregawish’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Pregawish. Pregawish will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Pregawish in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.
3.3LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1Pregawish collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Pregawish takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Pregawish screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.3.2The Services provided by Pregawish or any of its licensors or service providers are provided on an "as is" and “as available’ basis, 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). Pregawish does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Pregawish does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Pregawish disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Pregawish or any User in relation to any User or services provided by such User.
3.3.3The Website may be linked to the website of third parties, affiliates and business partners. Pregawish has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Pregawish endorses the linked site. User may use the links and these services at User’s own risk.
3.3.4Pregawish assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
3.3.5If Pregawish determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Pregawish reserves the right to immediately suspend your access to the Website or any of your accounts with Pregawish and makes such declaration on the website alongside your name/your clinic’s name as determined by Pregawish for the protection of its business and in the interests of Users. You shall be liable to indemnify Pregawish for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Pregawish or its Users.
3.4APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS
3.4.1While Pregawish will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, Pregawish does not guarantee that a patient will get a confirmed appointment. Further, Pregawish has no liability if such appointment is confirmed but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.
3.4.2Pregawish provides value added telephonic services which connects Users directly to the Practitioners and the information exchanged between the User and the Practitioners is stored and used in accordance with the Privacy Policy. However, it is at the discretion of the User, to avail the Service. If a User has used the telephony service, Pregawish reserves the right to share the contact details of the User with the Practitioners contacted.
3.4.3You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold Pregawish responsible for any such interactions and associated issues. For avoidance of doubt, Pregawish is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Website. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for Practitioners should not be construed as an endorsement by Pregawish of any such particular Practitioner. Pregawish shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.

3.4.4Payment and Cancellation Policy

In the event, the doctor with whom the appointment has been booked is not available in the Clinic/Hospital, the patient has to (a) cancel the current appointment or (b) consult another doctor with clinic's/hospital's consent. Cancellation of the appointment by the patient should be done one (1) hour prior to the time blocked for appointment. In such an event, the entire amount will be refunded to the patient with in 5-6 business days from the date of cancellation in accordance with the mode of refund proposed by the patient. In case a booking confirmation e-mail gets delayed due to technical reasons or as a result of incorrect e-mail ID provided by the user etc, an appointment would be considered as 'booked'. If the patient does not show up at the time of Appointment, Pregawish will refund the entire amount after approval from Clinic/Hospital with in 5-6 business days in accordance with the payment methods provided by the patient.

Pregawish shall not be liable for any refunds to the customer in the event the customer's booked slot/ time for an appointment has been delayed.

Any grievances and claims related to the appointment/ refund should be reported to Pregawish support team at support@Pregawish.com within two (2) days of appointment date with the doctor.

3.4.5Without prejudice to the generality of the above, Pregawish will not be liable for:
any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties;
any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
cancellation or rescheduling of booked appointment or any variance in the fees charged;
any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
3.4.6Further, Pregawish shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Pregawish’s sole discretion and may be modified or withdrawn at its sole discretion. Pregawish may moderate such feedback at any time. Pregawish shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Website.
3.4.7Online Appointment Booking facility is governed by Terms of Service listed in schedule 3.
3.5NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
3.5.1Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the 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 Pregawish and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
3.5.2It is hereby expressly clarified that, the Information that you obtain or receive from Pregawish, and 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, with respect to 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.
3.5.3The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
3.6Pregawish CONSULT
3.6.1Pregawish Consult is a feature on the application that enables Practitioners and patients to connect with each other through: 'Consult Basic' model, 'Consult Direct' model, and 'Consult Followup' model:
The Basic Consult model: Enables Users to connect with Practitioners by posting health related queries on the application, which will be visible on the public health feed. Practitioners can respond to such queries using a special software application provided to Practitioners by Pregawish. The public queries posted by the Users are sent to multiple Practitioners, chosen through a fully automated system. The automated system chooses Practitioners based on inter alia the information furnished by each Practitioner, the number of questions answered by the Practitioner and the rating or reviews procured by the Practitioner. Pregawish will not be responsible for the Practitioners chosen to respond to the queries.
The Consult Direct model: The User may post queries on their Health Accounts which will be only sent to the Practitioner that the User has chosen from the list made available to the User on the application.
The User can choose a particular Practitioner, post a private query for such Practitioner, the Practitioner may indicate the pre-consultation fee payable for the advice solicited and in such cases Pregawish shall provide the User an option to directly remit the amount to the Practitioner through the payment gateway option provided. Upon completion of payment, the Practitioner shall provide his/her response to the query. The amount paid to the Practitioner is non-refundable unless there has been an issue of non-compliance of applicable law/rules/regulations/guidelines or of the terms contained hereunder by the Practitioner, in which case investigation shall be undertaken and the amount will be refund, subject to the discretion of Pregawish. In any other cases, Pregawish shall not be liable to provide refund or be responsible for the nature of advice provided by the Practitioner.
Pregawish shall charge a platform fee on the Practitioner and/patient, which is a nominal amount, for the service being provided by Pregawish. The amount levied and payable by Practitioner shall appear, on the Practitioner’s account and the amount levied and payable by the patient, shall appear when the patient is making payment to the Practitioner, respectively.
The payment gateway option is being provided to the patients to make collection of payment easier. In case wrong bank account details are provided by Practitioner, Pregawish will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact support@Pregawish.com.
The Consult Follow-up Model Enables Users to follow-up with Practitioners whom they have already consulted offline.
Follow-up feature will only be available with Practitioners who have enabled the feature.
The maximum number of messages that User can send and the number of days for which Follow-up will be active for, will be set by the Practitioner.
Pregawish will send follow-up SMS reminder to User number which is provided by Practitioner, informing the User of Follow-up.
Pregawish is not liable, if for any reason the follow-up SMS messages are not delivered to the User(s), or are delivered late or not accessed, despite its best efforts. While Pregawish will endeavor to take all reasonable steps through its dedicated support team to resolve any technical or operational difficulties for the delivery of the follow-up SMS to the User(s), Pregawish makes no promise or guarantee for any uninterrupted SMS.
Pregawish is not responsible for verifying the accuracy or incompleteness of User details provided by Practitioners and shall not be liable for any errors in the same.
3.6.2Terms for Practitioners:
The Practitioner shall reply to the patient after receiving patient’s communication. In case of non-compliance with regard to reverting/ adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, Pregawish has the right to show other available Practitioners to the patient or remove Practitioners from the platform/Pregawish application/site.
The Practitioner understands and agrees that, Pregawish shall at its sole discretion, at any time be entitled to, show other Practitioners available for consultation.
The Practitioner further understands that, there is a responsibility on the Practitioner to treat the patients on this model, as the Practitioner would have otherwise treated the patient on a physical one-on-one consultation model.
The Practitioner has the discretion to cancel any consultation at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the patient. In such cases, patient has the option of choosing other Practitioners.
The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation being rendered.
The Practitioner acknowledges that should Pregawish find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then Pregawish shall be entitled to cancel the consultation with such patient or take such other legal action as may be required.
It is further understood by the Practitioner that the information that is disclosed by the patient at the time of consultation, shall be confidential in nature and subject to patient and Practitioner privilege.
The Practitioner shall ensure patient’s consent is obtained prior to uploading the prescription/health records of the patient on the account of the patient during such consultation.
3.6.3Terms for Patients:
The User hereby grants consent to Pregawish to feature the queries posted by the User on the Pregawish Basic model and agrees that any such information provided by the User will be subject to Pregawish Privacy Policy.
Pregawish Consult is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the patient, to book an appointment for physical examination and in-person consultation whether the same is with the Practitioner listed hereunder or otherwise. In case of any negligence on the part of the patient in acting on the same and the condition of the patient deteriorates, Pregawish shall not be held liable. All the conditions prescribed in Section 3.5 of this Terms of Use shall apply to the Users.
The User understands and agrees that Pregawish Consult, is merely a consulting model, any interactions and associated issues with the Practitioner on Pregawish Consult including but not limited to the User’s health issues and/or the User’s experiences is strictly between the User and the Practitioner. The User shall not hold Pregawish responsible for any such interactions and associated issues.
As a User, you understand that, Pregawish is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible for any outcome from the consultation between the User and the Practitioner.
Pregawish Consult is a platform being made available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with the Practitioner.
You understand that, your conversations with the Practitioner may be retained in our database, for legal and/or administrative requirements (example: to resolve issues raised by Users either for refund or to conduct investigation in case of issues raised by Users).
If you decide to engage with a Practitioner to procure medical services to you, you shall do so at your own risk. Pregawish shall not be responsible for any breach of service or service deficiency by any Practitioner.
If you decide to use the payment gateway to make payments online, it is solely at your discretion. Should there be any issues with regard to the payment not reaching the respective Practitioner’s account, please reach out to support@Pregawish.com.
Cancellations/Refunds: In case of patients, where the Practitioner has acted in contravention with any guidelines/applicable laws/rules/regulations, Pregawish shall provide complete refund to the patient, subject to investigation undertaken by Pregawish. However, where the cancellation is due to the abusive nature of the patient, such patient shall not be eligible for any refund and Pregawish/Practitioner shall be entitled to take any legal action, depending upon the gravity of the matter.
Read More
3.7Pregawish HEALTH FEED
3.7.1Pregawish Health feed is an online content platform available on the website, wherein Practitioners who have created a Pregawish profile and Users who have created a health account can login and post health and wellness related content
3.7.2A User can use Pregawish Health feed by logging in from their health account, creating original content comprising text, audio, video, images, data or any combination of the same (“Content”), and uploading said Content to Pregawish’s servers. Pregawish will make available to the User a gallery of images licensed by Pregawish from a third party stock image provider (“Pregawish Gallery”). The User can upload their own images or choose an image from the Pregawish Gallery. Pregawish does not provide any warranty as to the ownership of the intellectual property in the Pregawish Gallery and the User acknowledges that the User will use the images from the Pregawish Gallery at their own risk. Pregawish shall post such Content to Pregawish Health feed at its own option and subject to these Terms and Conditions. The Content uploaded via Pregawish Health feed does not constitute medical advice and may not be construed as such by any person.
3.7.3The User acknowledges that they are the original authors and creators of any Content uploaded by them via Pregawish Health feed and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. Pregawish reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve Pregawish from and indemnify Pregawish against all claims that may arise as a result of any third party intellectual property right claim that may arise from the user’s uploading of any Content on Pregawish Health feed. The User may not use the images in the Pregawish Gallery for any purpose other than those directly related to the creation and uploading of Content to Pregawish Health feed. The User also agrees to absolve Pregawish from and indemnify Pregawish against all claims that may arise as a result of any third party intellectual property claim if the User downloads, copies or otherwise utilizes an image from the Pregawish Gallery for his/her personal or commercial gain.
3.7.4The user hereby assigns to Pregawish, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via Pregawish Health feed.
3.7.5Pregawish shall have the right to edit or remove the Content and any comments in such manner as it may deem Pregawish Health feed at any time.
3.7.6The User agrees not to upload Content which is defamatory, obscene or objectionable in nature and Pregawish reserves the right to remove any Content which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve Pregawish from and indemnify Pregawish against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the User on Pregawish Health Feed.
3.7.7A User may also use Pregawish Health feed in order to view original content created by Practitioners and to create and upload comments on such Content, where allowed.
3.7.8User acknowledges that the Content on Pregawish Health feed reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of Pregawish.
3.7.9User agrees that the content they access on Pregawish Health feed does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the user. The User agrees to absolve Pregawish from and indemnify Pregawish against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Pregawish Health feed.
3.7.10The User acknowledges that all intellectual property rights in the Content on Pregawish Health feed vests with Pregawish. The User agrees not to infringe upon Pregawish’s intellectual property by copying or plagiarizing content on Pregawish Health feed. Pregawish reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. All comments created and uploaded by the User on Pregawish Health feed will be the sole intellectual property of Pregawish. The User agrees not to post any comments on Pregawish Health feed that violate the intellectual property of any other person. Pregawish reserves the right to remove any comments which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve Pregawish from and indemnify Pregawish against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User’s uploading of any comment on Pregawish Health feed.
3.7.11User agrees not to post any comments which are defamatory, obscene, objectionable or in nature and Pregawish reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve Pregawish from and indemnify Pregawish against all claims that may arise as a result of any legal claim arising from the nature of the comments posted by the User on Pregawish Health feed.
3.8CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.8.1The contents listed on the Website are (i) User generated content, or (ii) belong to Pregawish. The information that is collected by Pregawish directly or indirectly from the End- Users and the Practitioners shall belong to Pregawish. Copying of the copyrighted content published by Pregawish on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Pregawish reserves its rights under applicable law accordingly.
3.8.2Pregawish authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Pregawish Content"), are the property of Pregawish and are protected under copyright, trademark and other laws. User shall not modify the Pregawish Content or reproduce, display, publicly perform, distribute, or otherwise use the Pregawish Content in any way for any public or commercial purpose or for personal gain.
3.8.3User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.9REVIEWS AND FEEDBACK

By using this Website, you agree that any information shared by you with Pregawish or with any Practitioner will be subject to our Privacy Policy.

You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Pregawish in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Pregawish disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Pregawish shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.

Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree 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. Pregawish, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Pregawish may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
Obtaining feedback in relation to Website or Pregawish’s services; and/or
Obtaining feedback in relation to any Practitioners listed on the Website; and/or
Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;

and you agree to provide your fullest co-operation further to such communication by Pregawish. Pregawish’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
3.10RECORDS

Pregawish may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Pregawish’. Information available in your Records is of two types:
User-created: Information uploaded by you or information generated during your interaction with Pregawish ecosystem, eg: appointment, medicine order placed by you.
Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘Pregawish Ray’ or other Services of Pregawish software.

The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:
3.10.1Your Records is only created after you have signed up and explicitly accepted these Terms.
3.10.2Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Pregawish does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
3.10.3The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Pregawish is not liable for any interruption that may be caused to your access of the Services.
3.10.4The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by Pregawish, you should refer to your prescription before taking any medicines. Pregawish is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Pregawish app.
3.10.5It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Pregawish is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Pregawish.
3.10.6Pregawish uses industry–level security and encryption to your Health Records. However, Pregawish does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Pregawish of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@Pregawish.com.
3.10.7If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Pregawish assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Pregawish and its officers against any such claim or liability arising out of unauthorized use of such information.
3.10.8In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
3.10.9You may lose your “User created” record, if the data is not synced with the server.
3.10.10If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
3.10.11Pregawish is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
3.10.12The Health Records are shared with the phone numbers that are provided by your Practitioner. Pregawish is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
3.10.13Pregawish is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
3.10.14Pregawish has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
3.10.15Pregawish will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
3.10.16You agree and acknowledge that Pregawish may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
3.10.17You acknowledge that the Practitioners you are visiting may engage Pregawish's software or third party software for the purposes of the functioning of the Practitioner’s business and Pregawish's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws.
3.10.18To the extent that your Records have been shared with Pregawish or stored on any of the Pregawish products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Pregawish pertaining to such previously visited clinics and hospitals who have tie ups with Pregawish for the purposes of their business and for Pregawish's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Pregawish, to the mapping of such Records as may be available in Pregawish’s database to your User account.
4. TERMS OF USE PRACTITIONERS

The terms in this Clause 4 are applicable only to Practitioners.
4.1 LISTING POLICY
4.1.1Pregawish, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Pregawish reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Pregawish immediately to enable Pregawish to make the necessary amendments.
4.1.2Pregawish shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
4.1.3Pregawish shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Pregawish, where the User has expressly or implicitly consented to the making of disclosures or publications by Pregawish. If the User had revoked such consent under the terms of the Privacy Policy, then Pregawish shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Pregawish prior to its actual receipt of such revocation.
4.1.4Pregawish reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Pregawish shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
4.1.5Practitioners explicitly agree that Pregawish reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
4.1.6When you are listed on Pregawish.com, End-Users may see a ‘show number’ option. When End-Users choose this option, they choose to call your number through a free telephony service provided by Pregawish, and the records of such calls are recorded and stored in Pregawish’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to End-Users and to you by Pregawish should be used only for appointment and booking purposes, and not for consultation on health-related issues. Pregawish accepts no liability if the call facility is not used in accordance with the foregoing.
4.1.7You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Pregawish accepts no liability for the same.
4.2PROFILE OWNERSHIP AND EDITING RIGHTS

Pregawish ensures easy access to the Practitioners by providing a tool to update your profile information. Pregawish reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Pregawish takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Pregawish’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Pregawish may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.3REVIEWS AND FEEDBACK DISPLAY RIGHTS OF Pregawish
4.3.1All Critical Content is content created by the Users of www.pregawish.com (“Website”) and the clients of Pregawish customers and Practitioners, including the End-Users. As a platform, Pregawish does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of Pregawish and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. Pregawish’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
4.3.2Pregawish reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
4.3.3Pregawish shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
4.3.4You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Pregawish shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Pregawish however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.
4.3.5Pregawish will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
4.3.6If Pregawish determines that you have provided inaccurate information or enabled fraudulent feedback, Pregawish reserves the right to immediately suspend any of your accounts with Pregawish and makes such declaration on the website alongside your name/your clinics name as determined by Pregawish for the protection of its business and in the interests of Users.
4.4RELEVANCE ALGORITHM

Pregawish has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. Pregawish shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.
4.5INDEPENDENT SERVICES

Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Pregawish.
4.6Pregawish REACH RIGHTS

Pregawish reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Pregawish will not be liable for the accuracy of information or the claims made in the Sponsored ads. Pregawish does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Pregawish will not be liable for the services of the providers of the Sponsored ads.

You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Pregawish accepts no liability for the same.
4.7Pregawish CONSULT
4.7.1Pregawish Consult enables Practitioners to connect with the Users by responding to the health related queries posted by them on their Health Accounts using the special software application provided to Practitioners by Pregawish (“Doctor App”).
4.7.2The User may post two types of queries on their Health Accounts (i) public query, which is sent through Pregawish Consult to multiple Practitioners and enables any of the chosen Practitioner to respond to the query posted; and (ii) private query, which will be only sent to the Practitioner that the User has chosen.
4.7.3The public queries posted by the Users are sent to multiple Practitioners through a fully automated system installed in the Doctor App. The automated system chooses Practitioners based on inter alia the information furnished by each Practitioner, the number of questions answered by the Practitioner and the rating or reviews procured by the Practitioner. Pregawish does not guarantee in any manner that any query will be directed to a particular Practitioner and will not be responsible for the Practitioners chosen to respond to the queries.
4.7.4Practitioner agrees that, when providing any written response to a User’s query that constitutes a performance of his/her services, the Practitioner shall not post language that may be considered abusive, objectionable or demeaning to the User or in general.
4.7.5In the event, the Practitioner indicates as part of his response the pre-consultation fee payable for the advice solicited through the private query, Pregawish shall provide the User an option to directly remit the amount to the Practitioner through the Health Account and subsequently deduct a portion from the amount paid as its fee for the performance of the services.
4.7.6Pregawish shall remit the fees to the Practitioner in accordance with the terms agreed between the Practitioners and Pregawish in the Software License and Services Agreement executed between them.
4.7.7Pregawish reserves the right to revise the fee terms at any time at their discretion. The Practitioner’s continued use of the services and Doctor App shall constitute his/her consent to such revision.
4.7.8Practitioner hereby agrees that it shall use the Doctor App for the purpose specified in these Terms of Use and shall not use the Doctor App for any unauthorized and unlawful purpose, including impersonating another person.
4.7.9Practitioner hereby represents and warrants that he/she
is qualified to provide medical services within the territory of India;
has obtained all licenses as required by law to provide medical services and has not committed any act or omission that might prejudice its continuance or renewal; and
has provided Pregawish true, accurate, complete and up to date details about their qualification and credentials.
4.7.10Practitioner agrees that he/she shall at all times abide by the applicable medical regulations including the code of
4.7.11Practitioners shall promptly renew their licenses required to provide medical services and notify Pregawish about the same.
4.7.12Pregawish reserves the right to terminate any account of the Practitioner in case:
the Practitioner breaches any terms and conditions of this terms of use or privacy policy or applicable laws;
Pregawish is unable to verify or authenticate any information provided to it by a Practitioner; or
Pregawish in its sole and absolute discretion believes that actions of the Practitioner may cause legal liability for Pregawish or other Users and / or may adversely affect the services rendered by Pregawish.
4.7.13Practitioner hereby agrees that, for any User that contacts the Practitioner using Pregawish Consult, only he/she shall be allowed to perform the services for the User and that the Practitioner may under no circumstances be permitted to transfer the performance of Your Services to any other person, whether under their supervision or not. The Practitioner accepts all responsibility and liability for the use of Pregawish Consult, including the performance of its services, by any other party claiming to be the Practitioner and hereby agrees to indemnify Pregawish against any claim or loss that may be faced by Pregawish consequent to such use.
4.7.14Practitioner hereby agrees to hold in strictest confidence all information provided by a User to him/her under all circumstances. Practitioner agrees that he/she shall not disclose any information or documentation provided by a User to any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person.
4.7.15Practitioner agrees to render his/her services and fulfill their obligations towards their patients using their best efforts, skill and ability.
4.7.16Practitioner agrees and understands that some or all his/her may be made available to the general public through the Doctor App or otherwise by the Company and that he/she has no objection to the same.
4.7.17Practitioner hereby agrees to assign to Pregawish in perpetuity all intellectual property rights residing in the responses provided by him/her for use by Pregawish worldwide.
4.7.18Practitioner hereby agrees not to seek the contact details of any User or to contact any User except through the Doctor App.
4.7.19Any communication sent by or through Pregawish to the Practitioner is based solely on information uploaded by the Users. Pregawish shall not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.
4.7.20Practitioner shall be liable to indemnify and hold Pregawish harmless from and against all actions, claims, damages, losses and expenses, including court costs and reasonable attorneys’ fees, arising out of or resulting from any breach, default, contravention, non-observance, non-performance, improper performance of any of its obligations or the terms, conditions, covenants and provisions contained in this Terms of Use.
4.8 Pregawish HEALTH FEED
4.8.1Pregawish health feed is an online content platform available on the website, wherein Practitioners who have a Pregawish profile and Users who have a health account can login and post health and wellness related content.
4.8.2A Practitioner can use health feed by logging in from their profile, creating original content comprising text, audio, video, images data or any combination of the same (“as defined in Clause 3.7.2”), and uploading said Content to Pregawish’s servers. The Practitioner can upload their own images or choose an image from the gallery that Pregawish provides. Pregawish shall post such Content to Pregawish health feed at its own option and subject to these Terms and Conditions. The Content uploaded via Pregawish health feed does not constitute medical advice and may not be construed as such by any person.
4.8.3The Practitioner acknowledges that they are the original authors and creators of any Content or comments uploaded by them via Pregawish health feed and that no Content or comment uploaded by them would constitute infringement of the intellectual property rights of any other person. Pregawish reserves the right to remove any Content or comment which it may determine at its own discretion as violating the intellectual property rights of any other person. The Practitioner agrees to absolve Pregawish from and indemnify Pregawish against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Practitioner’s uploading of any Content on Pregawish health feed. The Practitioner also agrees to absolve Pregawish from and indemnify Pregawish against all claims that may arise as a result of any third party intellectual property claim if the Practitioner downloads an image from Pregawish’s gallery and utilizes it for his/her personal or commercial gain.
4.8.4The Practitioner hereby assigns to Pregawish, in perpetuity and worldwide, all intellectual property rights in any Content or comment created by the Practitioner and uploaded by the Practitioner via Pregawish health feed.
4.8.5Pregawish shall have the right to edit or remove the Content and any comments in such manner as it may deem fit at any time.
4.8.6The Practitioner may also use Pregawish health feed in order to view original content created by Users or other Practitioners and also create and upload comments on such Content including their own content where allowed.
4.8.7Practitioner acknowledges that the content on Pregawish health feed reflects the views and opinions of the authors of such content and does not necessarily reflect Pregawish’s views.
4.8.8Practitioner agrees not to post any comments or upload any Content which are defamatory, obscene, objectionable or in nature and Pregawish reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The Practitioner agrees to absolve Pregawish from and indemnify Pregawish against all claims that may arise as a result of any legal claim arising from the nature of the Content or the comments posted by the Practitioner on Pregawish health feed
5.RIGHTS AND OBLIGATIONS RELATING TO CONTENT
5.1As mandated by Regulation 3(2) of the IG Rules, Pregawish hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which the User does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
5.2Users are also prohibited from:
violating or attempting to violate the integrity or security of the Website or any Pregawish Content;
transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Pregawish;
intentionally submitting on the Website any incomplete, false or inaccurate information;
making any unsolicited communications to other Users;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
copying or duplicating in any manner any of the Pregawish Content or other information available from the Website;
framing or hot linking or deep linking any Pregawish Content.
circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
5.3Pregawish, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Pregawish shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
5.4In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Pregawish has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
5.5Pregawish may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Pregawish to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Pregawish as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Pregawish or any person on its behalf and the User or where the User has consented to data transfer.
Pregawish respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
6.TERMINATION
6.1Pregawish reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
Such User breaches any terms and conditions of the Agreement;
A third party reports violation of any of its right as a result of your use of the Services;
Pregawish is unable to verify or authenticate any information provide to Pregawish by a User;
Pregawish has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
Pregawish believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Pregawish or are contrary to the interests of the Website.
6.2Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
7.LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Pregawish, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be 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 or the content, materials and functions related thereto, the Services, 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. In no event shall the Protected Entities be liable for:
provision of or failure to provide all or 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; or
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. 1000/- (Rupees One Thousand Only).
8.RETENTION AND REMOVAL

Pregawish may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
9.APPLICABLE LAW AND DISPUTE SETTLEMENT
9.1You agree that this Agreement and any contractual obligation between Pregawish and User will be governed by the laws of India.
9.2Any dispute, claim or controversy arising out of 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 determined by arbitration in India, before a sole arbitrator appointed by Pregawish. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
9.3Subject to the above Clause 9.2, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
10.CONTACT INFORMATION GRIEVANCE OFFICER
10.1If a User has any questions concerning Pregawish, the Website, this Agreement, the Services, or anything related to any of the foregoing, Pregawish customer support can be reached at the following email address: support@Pregawish.com or via the contact information available from the following hyperlink: www.pregawish.com/contact.
10.2In 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: Sowmya Sudarshan Designation: Head – Customer Experience Address: 4th Floor, Abhaya Heights, Bannerghatta Road, Bangalore, India- 560078 Email: support@Pregawish.com Telephone: +91-8880588999 (Ask to be connected to the Grievance Officer) In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
11.SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
12.WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Pregawish. Any consent by Pregawish to, or a waiver by Pregawish of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

SCHEDULE

1.TERMS OF SERVICE – ONLINE APPOINTMENT BOOKING FACILITY.
1.1PARTNERS - Pregawish’s esteemed Partners are doctors, clinic managers, and other medical practitioners, who are listed and have a profile on www.pregawish.com and comply with the Terms of Use of www.pregawish.com.
1.2ONLINE APPOINTMENT BOOKING FACILITY

Online Appointment Booking is a facility offered by Pregawish.com to patients for booking appointments online with our partners.
1.3OBJECTIVES OF ONLINE APPOINTMENT BOOKING FACILITY

The two-fold objective of Pregawish.com is to ensure:
Excellent experience for our patients by minimizing their waiting time
Excellent experience for our partners by maximizing their utilization of time
1.4MANDATORY TERMS OF SERVICE FOR PARTNERS
Every doctor should honour all appointments booked via Pregawish.com.
It is mandatory that the patient meets the same doctor with whom the appointment has been confirmed.
The doctor should communicate about any expected delay/cancellation at least 2 hours prior to the scheduled time of appointment.
Non-compliance to the above will lead to poor patient experience and may attract penalties from Pregawish including, but not limited to, withdrawal of the ‘Book’ Privilege button and might have an adverse effect on the relevance score of the establishment on Pregawish reserves the right to withdraw the ‘Book’ privilege button.
1.5MANDATORY TERMS OF SERVICE FOR PATIENTS
‘Instant - Book Appointment’ button on Pregawish.com is a privilege given to the Patient, Pregawish reserves the right to withdraw this in case of repeated instances of “Patient No Show”.
1.6PRIVILEGES FOR PARTNERS

For complying with the terms of service on Pregawish.com the partners will be offered following privileges:

Online Appointments Booking Facility
Patients can seamlessly book appointments 24x7 on Pregawish.com or Pregawish App.
Improve relevance score on Pregawish.com.
Pregawish provides the services on “as is” and “as available” basis. Pregawish does not represent, warrant or guarantee that your access to or use of Pregawish.com: (a) will be uninterrupted or error free; or (b)will result in any requests for appointments. Notwithstanding anything contained herein, Pregawish disclaims all liability for any act or omission of you, any Patient or other third party.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE