"Physiodesk" is the publisher of the internet resource www.physiodesk.com and the mobile application 'Physiodesk' (together as "Website"). Physiodesk owns and operates the services provided through the Website.
NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are -
A Physiotherapist (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorised associates of such Physiotherapist or Physiotherapy institutions ("Physiotherapist(s)", "you" or "User"); or
A patient, his/her representatives or affiliates, searching for Physiotherapist 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 Physiodesk on the Website, which are offered free of charge to the Users ("Services"), including the following:
For Physiotherapist: Listing of Physiotherapist 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 Physiotherapist by geographical area, or any other criteria that may be developed and made available by Physiodesk, and (iii) to make appointments with Physiotherapist
The Services may change from time to time, at the sole discretion of Physiodesk, 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 9425403688.
By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement 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 Physiodesk.
The Agreement is published in compliance of, and is governed by the provisions of Indian laws,
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 Physiodesk 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.
To avail the software you must be a qualified Physiotherapist.
Other user can use services as defined
The terms under this are applicable only to Users other than physiotherapist.
END-USER ACCOUNT AND DATA PRIVACY
Physiodesk 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 services of Physiodesk and to build new services.
The Website allows Physiodesk 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 Physiotherapist and their practice.
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 Physiodesk will disclose such information; and,
Other information mandated by the SPI Rules.
Physiodesk 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 Physiodesk or to any other person acting on behalf of Physiodesk.
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 Physiodesk of any actual or suspected unauthorized use of the User's account or password. Although Physiodesk will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Physiodesk or such other parties as the case may be, due to any unauthorized use of your account.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Physiodesk has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Physiodesk has the right to discontinue the Services to the User at its sole discretion.
Physiodesk may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
LISTING CONTENT AND DISSEMINATING INFORMATION
Physiodesk collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Physiotherapist listed on the Website, such as their specialisation, qualification, fees, location, practice hours, and similar details. Physiodesk takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Physiodesk screens and vets the information and photos submitted by the Physiotherapists, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
The Services provided by Physiodesk 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). Physiodesk does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Physiodesk 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, Physiodesk 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 Physiodesk or any User in relation to any User or services provided by such User.
The Website may be linked to the website of third parties, affiliates and business partners. Physiodesk 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 Physiodesk endorses the linked site. User may use the links and these services at User's own risk.
Physiodesk 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 Physiodesk determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Physiodesk reserves the right to immediately suspend your access to the Website or any of your accounts with Physiodesk and makes such declaration on the website alongside your name/your clinic's name as determined by Physiodesk for the protection of its business and in the interests of Users. You shall be liable to indemnify Physiodesk for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Physiodesk or its Users.
APPOINTMENT BOOKING AND INTERACTION WITH PHYSIOTHERAPIST
While Physiodesk will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, Physiodesk does not guarantee that a patient will get a confirmed appointment. Further, Physiodesk has no liability if such appointment is confirmed but later cancelled by Physiotherapist or the Physiotherapist are not available as per the given appointment time.
You 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 Physiodesk responsible for any such interactions and associated issues. For avoidance of doubt, Physiodesk is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Physiotherapist you interact with, pursuant to any interactions on the Website. If you decide to engage with a Physiotherapist to provide Physiotherapy services to you, you do so at your own risk. The results of any search you perform on the Website for Physiotherapist should not be construed as an endorsement by Physiodesk of any such particular Physiotherapist. Physiodesk shall not be responsible for any breach of service or service deficiency by any Physiotherapist. We cannot assure nor guarantee the ability or intent of the Physiotherapist(s) to fulfil their obligations towards you. We advise you to perform your own investigation prior to selecting a Physiotherapist
Without prejudice to the generality of the above, Physiodesk will not be liable for:
any wrong treatment quality being given by the Physiotherapist(s), or any medical negligence on part of the Physiotherapist(s);
any type of inconvenience suffered by the User due to a failure on the part of the Physiotherapist to provide agreed services or to make himself/herself available at the appointed time, no show by the Physiotherapist, inappropriate treatment, or similar difficulties;
any misconduct or inappropriate behaviour by the Physiotherapist or the Physiotherapist'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 Physiotherapist, 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.
Physiodesk, directly and indirectly, collects information regarding the Physiotherapists' profiles, contact details, and practice. Physiodesk reserves the right to take down any Physiotherapist's profile as well as the right to display the profile of the Physiotherapists, with or without notice to the concerned Physiotherapist. 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 Physiodesk immediately to enable Physiodesk to make the necessary amendments.
Physiodesk shall not be liable and responsible for the ranking of the Physiotherapists on external websites and search engines
Physiodesk reserves the right to moderate the suggestions made by the Physiotherapist through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Physiodesk shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Physiotherapist are added to the Website.
Physiodesk reserves the right to publish the User information to a third party, subject to prior explicit informed consent from the User.
You as a Physiotherapist 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 Physiodesk accepts no liability for the same.
Physiodesk ensures easy access to the Physiotherapist by providing a tool to update your profile information. Physiodesk reserves the right of ownership of all the Physiotherapist's profile and photographs and to moderate the changes or updates requested by Physiotherapists. However, Physiodesk 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 Physiodesk'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, Physiodesk may modify or delete parts of your profile information at its sole discretion with or without notice to you.
Physiodesk reserves the rights to display sponsored ads on the Website. These ads would be marked as "Sponsored Listings". Without prejudice to the status of other content, Physiodesk will not be liable for the accuracy of information or the claims made in the Sponsored Listings. Physiodesk does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. Physiodesk will not be liable for the services of the providers of the Sponsored Listings.
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 Physiodesk accepts no liability for the same.
Physiotherapist hereby represents and warrants that he/she
is qualified to provide physiotherapy services within the territory of India;
has obtained all licenses as required by law to provide physiotherapy services and has not committed any act or omission that might prejudice its continuance or renewal; and
has provided Physiodesk true, accurate, complete and up to date details about their qualification and credentials.
Physiodesk reserves the right to terminate any account of the Physiotherapist in case:
Physiodesk is unable to verify or authenticate any information provided to it by a Physiotherapist; or
Physiodesk in its sole and absolute discretion believes that actions of the Physiotherapist may cause legal liability for Physiodesk or other Users and / or may adversely affect the services rendered by Physiodesk.
RIGHTS AND OBLIGATIONS RELATING TO CONTENT
Physiodesk 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
Users are also prohibited from:
violating or attempting to violate the integrity or security of the Website or any Physiodesk 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 Physiodesk;
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 Physiodesk Content or other information available from the Website;
Framing or hot linking or deep linking any Physiodesk Content.
Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
Physiodesk 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;
Physiodesk is unable to verify or authenticate any information provide to Physiodesk by a User;
Physiodesk has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
Physiodesk believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for Physiodesk or are contrary to the interests of the Website.
Once 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.
Coupons, Credits, Discounts
Coupons, Credits and Discounts are at the sole discretion of Company
Coupons can be redeemed only for the purchase of software.
Cash against Coupon will not be given at any condition
Company Reserve the right to withdraw policy of Coupon and Discounts at anytime.
LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Physiodesk, 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 Physiotherapist 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).
RETENTION AND REMOVAL
Physiodesk 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.
APPLICABLE LAW AND DISPUTE SETTLEMENT
You agree that this Agreement and any contractual obligation between Physiodesk and User will be governed by the laws of India.
Any 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. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bhopal. 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.
CONTACT INFORMATION GRIEVANCE OFFICER
If a User has any questions concerning Physiodesk, the Website, this Agreement, the Services, or anything related to any of the foregoing, Physiodesk customer support can be reached at the following email address: firstname.lastname@example.org or via the contact information available from the following hyperlink: http://physiodesk.com/contact.
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: Kuldeep Singh Thakur
Address: DM 30/101 IBD hall mark city Kolar orad Bhopal
Telephone: +91-9425403688 (Ask to be connected to the Grievance Officer)
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.
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 Physiodesk. Any consent by Physiodesk to, or a waiver by Physiodesk 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.