Welcome to the portal https://www.pristyncare.com/bd/ (the "Website"). The Website is owned by GHV Advanced Care Private Limited (“Pristyn Care”), a company incorporated in India, having its corporate office at 3rd Floor, Capital Cityscape, Sector-66, Gurgaon-122101 and authorized/licensed Advanced Care Private Limited, a company incorporated in Bangladesh under the Companies Act, 1994, (Registration Number: No. C-186626/2023). (“Advanced Care”) having registered office at Level-28, Lift-29, 90/1 Motijheel, City Center, Dhaka-1000, Dhaka, Bangladesh for the limited purpose of updating the website. The terms, 'We', 'Us', 'Company', and 'Our' refer to “Pristyn Care and Advanced Care”.
Advanced Care provides the Services in partnership with its agents, affiliates, associates, representatives or other third parties under the license from Pristyn Care (together referred to as “Partners”)
NATURE AND APPLICABILITY OF TERMS
Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.pristyncare.com/bd before You decide to access the Website or avail the Services made available by Advanced Care Parties. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between You and Advanced Care Parties 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 patient, his/her representative/ attendant/ relative/ friend or affiliates (“You” or “User”);
· A user of the Website (“You” or “User”)
· This Agreement applies to all services made available by Advanced Care and its agents, affiliates, associates, representatives or other third parties (hereinafter referred to as “Advanced Care Parties”) on the Website.
The Services may change from time to time, at the sole discretion of Advanced Care Parties, 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 how 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 acpl.bd@pristyncare.com
By downloading or accessing the Website to use the Services, You irrevocably accept all the terms and conditions stipulated in this Agreement and agree to fully abide by them.
This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, You signify your agreement and acceptance to this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.
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. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or particular Service are also considered as part of the Agreement.
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 the Agreement of any part thereof, please do not use the Website or avail any Services.
Your access to the use of the Website and the Services will be solely at the discretion of Advanced Care Parties. The Agreement is published in compliance of, and is governed by the provisions of applicable law, including but not limited to:
· Contract Act, 1872,
· Information & communication Technology Act, 2006
· The applicable rules, regulations, guidelines and clarifications framed thereunder.
CONDITIONS OF USE
Transactions on the Platform are available only to persons who can form legally binding contracts under the Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Contract Act, 1872 including un-discharged insolvent etc. are not eligible to use the Platform. If You are a minor i.e., under the age of 18 years, You may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.
As a minor if You wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. Advanced Care Parties reserves the right to terminate your membership and / or refuse to provide You with access to the Platform if it is brought to Advanced Care Parties’ notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.
END-USER ACCOUNT AND DATA PRIVACY
I. Advanced Care Parties may, by the Services, collect information relating to you, the devices through which You access the Website, location from which You access and anonymous data of your usage. The collected information will be used for the purposes including for improvisation of the quality of the Services, to build new services and for other business purposes.
II. The Website and App allow Advanced Care Parties to have access inter-alia to Users’ email or phone number, for communication and analytics.
III. The Privacy Policy sets out:
· The type of information collected from Users, including sensitive personal data or information.
· The purpose means and modes of usage of such information, and
· How and to whom Advanced Care Parties will disclose such information
IV. The User is expected to read and understand the Privacy Policy, to ensure that he or she knows of:
· 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 various rights available to such Users in respect of such information.
V. Advanced Care Parties shall not be responsible in any manner for the authenticity or correctness of the personal information or sensitive personal data or information supplied by the User to Advanced Care Parties or any other person acting on behalf of Advanced Care Parties.
VI. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Advanced Care Parties has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Advanced Care Parties has the right to discontinue the Services to the User at its sole discretion.
VII. Advanced Care Parties may use such information collected from Users from time to time to debug customer support related issues.
VIII. Advanced Care Parties may now or in the future provide Services where You may be able to converse with Advanced Care Parties, its authorized representatives, its doctors or similar stakeholders via online chat, text messages, video call or voice call. When You choose this option, the records of such conversations, calls or exchanges may be recorded and stored in Advanced Care Parties servers. Such records are dealt with only by the terms of the Privacy Policy. Advanced Care Parties accept no liability if You choose to use such a facility to interact with doctors or clinicians or if the facility is not used by the foregoing.
IX. The details which we get from the end-user/customer/you, we may use it further to communicate with You / them via call/email/SMS.
LISTING CONTENT AND DISSEMINATING INFORMATION
· Advanced Care Parties 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. Such a display of information about the Practitioners shall not be construed as advertising or soliciting their services. Advanced Care Parties make reasonable efforts to ensure that such information is updated at frequent intervals. Advanced Care Parties cannot be held liable for any inaccuracies or incompleteness represented by it, despite such reasonable efforts.
· Advanced Care Parties do not provide or make any representation, warranty, or guarantee, express or implied about the Website, the Services. Advanced Care Parties do not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Advanced Care Parties disclaim 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 Advanced Care Parties 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. Advanced Care Parties has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our website. The inclusion of any link on the Website does not imply that Advanced Care Parties endorses the linked site. Users may use the links and these services at the User’s own risk.
· Advanced Care Parties assume 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, the User’s sole remedy is to discontinue using the Website.
· If Advanced Care Parties determines through feedback or otherwise that You have provided fraudulent, inaccurate, incomplete or false information, Advanced Care Parties reserves the right to immediately suspend your access to the Website or any of your accounts with Advanced Care Parties and makes such declaration about suspension on the website alongside your name as determined by Advanced Care Parties for the protection of its business and in the interests of its Users. You shall be liable to indemnify Advanced Care Parties for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Advanced Care Parties, its Partners or its Users.
· By using the Website or App, You expressly agree that the maximum liability of Advanced Care Parties & PristynCare shall be limited to the amounts received from You or your attendants under all circumstances and in relation to each such surgery. Neither party shall be entitled to any indirect or consequential losses under any circumstances.
BOOKING APPOINTMENTS, DIAGNOSTIC TESTS, ORDERING MEDICINES AND INTERACTION WITH MEDICAL SERVICE PROVIDERS
· While Advanced Care Parties will try to ensure a confirmed appointment with a medical service provider (like a doctor or diagnostic lab) for a User who requested an appointment on the Website, Advanced Care Parties do not guarantee that the User will get a confirmed appointment. Further, Advanced Care Parties have no liability if such an appointment is confirmed but later canceled, postponed or rescheduled by the hospital or medical service provider, or the medical service provider is not available as per the given appointment time.
· Advanced Care Parties may provide value-added services that connect Users directly to the medical service providers via video call, voice call, text message, online chat or other electronic means and the information exchanged between the User and the medical service provider is stored and used by the Privacy Policy. However, it is at the discretion of the User, to avail such Service if it is available.
· You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences are strictly between You and the other Users. You shall not hold Advanced Care Parties responsible for any such interactions and associated issues and Advanced Care Parties will not be held responsible or liable for the same. For the avoidance of doubt, the Services are not to provide any healthcare or medical advice or diagnosis and hence Advanced Care Parties are not responsible for any medical or other outcomes between You and the medical service providers You interact with, according to any interactions on the Website. If You decide to engage with a medical service provider to provide medical services to you, You do so at your own risk. Advanced Care Parties shall not be responsible for any breach of service or service deficiency by any medical service provider You connect, engage with using the Website. We advise You to perform your investigation or get feedback before selecting a doctor or any other service provider available on the Website.
· Without prejudice to the generality of the above, Advanced Care Parties will not be liable for:
· any wrong medication or treatment quality being given by the doctor(s), the diagnostic service provider(s), pharmacy(s), or any medical negligence on part of the any of the above
· any type of inconvenience suffered by the User due to a failure on the part of the medical service provider including doctor to make himself/herself available at the appointed time, no show by the doctor, inappropriate treatment, or similar difficulties
· cancellation or rescheduling of booked appointment or any variance in the fees charged
· any medical eventualities that might occur after using the services of a doctor, diagnostic lab services, pharmacy, whom the User has selected based on the information available on the Website or with whom the User has booked an appointment or performed a transaction through the Website.
· Further, Advanced Care Parties shall not be liable, under any event, for any comments or feedback given by any of the Users about the services provided by another User. You should give your feedback in compliance with the applicable laws. The option of Users to give feedback remains at Advanced Care Parties sole discretion and may be modified or withdrawn at its sole discretion. Advanced Care Parties may moderate such feedback at any time. Advanced Care Parties shall not be obliged to act in any manner to give effect to the content of Users’ feedback.
NO DOCTOR-PATIENT RELATIONSHIP FOR EMERGENCY USE
· 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 Advanced Care Parties 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.
· It is hereby expressly clarified that the Information that You obtain or receive from Advanced Care Parties, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. In no event shall Advanced Care Parties be liable to You or anyone else for any decision made or action taken by You in reliance on such information.
· The Services are not intended to be a substitute for getting in touch with emergency healthcare. If You are a User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service, hospital, doctor or appropriate medical professional directly.
CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
· The contents listed on the Website are:
· User generated content, or
· Belong to Pristyn Care.
· The information that is collected by Advanced Care Parties directly or indirectly from the Users shall belong to Advanced Care Parties. Copying of the copyrighted content published by Advanced Care Parties on the Website for any commercial purpose or to earn profit will be a violation of copyright and Advanced Care Parties reserve their rights to take action under applicable law accordingly.
· Advanced Care Parties authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering, sharing, storing 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, ‘Advanced Care Parties Content’), are the property of Advanced Care Parties and are protected under copyright, trademark and other applicable laws. User shall not modify the Advanced Care Parties Content or reproduce, display, publicly perform, distribute, or otherwise use the Advanced Care Parties Content in any way for any public or commercial purpose or personal gain.
· Users shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
REVIEWS AND FEEDBACK
By using this Website, You agree that any information shared by You with Advanced Care Parties or with any other person, medical service provider or anyone else using the Website, Services will be subject to our Privacy Policy available at https://www.pristyncare.com/bd
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”). The role of Advanced Care Parties in publishing Critical Content is restricted to that of an ‘intermediary’ under the applicable laws. Advanced Care Parties disclaims all responsibility concerning the content of Critical Content, and its role concerning such content is restricted to its obligations as an ‘intermediary’ under the applicable laws. Advanced Care Parties shall not be liable to pay any consideration to any User for re-publishing any content across any of its or its Partners platforms.
Your publication of reviews and feedback on the Website is governed by Clause 9 stated hereinafter. Without prejudice to the detailed terms stated in Clause 9, 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, or (c) includes any defamatory statement against Advanced Care Parties or medical professionals or other Users or any third party. Advanced Care Parties, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and by Clause 4 of these Terms. You agree that Advanced Care Parties may contact You through telephone, email, SMS, or any other electronic means of communication for:
· Obtaining feedback about Website, Advanced Care Parties services; and/or
· Obtaining feedback about any medical service providers on the Website; and/or
· Resolving any complaints, information, or queries by medical service providers regarding your Critical Content;
and You agree to provide your fullest co-operation further to such communication by Advanced Care Parties.
RIGHTS AND OBLIGATIONS RELATING TO CONTENT
Advanced Care Parties 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
· 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, defense, security or sovereignty, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
· Users are also prohibited from:
· violating or attempting to violate the integrity or security of the Website, any Advanced Care Parties Content
· transmitting any information (including job posts, messages, and hyperlinks) on or through the Website that is disruptive or competitive or prejudicial to the provision of Services by Advanced Care Parties
· intentionally submitting 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 Advanced Care Parties Content or other information available from the Website
· framing or hotlinking or deep linking any Advanced Care Parties Content.
· Advanced Care Parties, 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) generated by Users, or of being notified by the appropriate Government or its agency that the Website is being used by the User to commit any unlawful act and/or is being used in violation of Clauses 9(a) and 9(b) above, shall be entitled to remove or disable access to the material or information that is in contravention of Clause 9. Advanced Care Parties is entitled to act, as required by the IG Rules, within thirty-six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. Advanced Care Parties shall also be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.
· In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Advanced Care Parties has the right to immediately terminate the access or usage rights of the User to the Website, App and Services and to remove non-compliant information from the Website.
· Advanced Care Parties 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. Advanced Care Parties will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.
INTELLECTUAL PROPERTY RIGHTS
· The contents of the Website and App are protected by applicable intellectual property laws including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and App are prohibited. The logos, service marks and trademarks (‘IP Marks’) displayed on the Website are the property of Pristyn Care or have been licensed to Advanced Care by the relevant owners for use. The User may use this material only as expressly authorized by Pristyn Care shall not copy, transmit or create derivative works of such material without express authorization from Pristyn Care.
· The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or another proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. Nothing on the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from Pristyn Care.
DISCLAIMER OF WARRANTIES
· All information available on the Website, (the “Information”) is provided on the condition that the User will make an independent determination in respect of its accuracy, completeness or usefulness suitability before use or making any decision for any loss or damage in reliance hereof. Advanced Care Parties will not be responsible for the same. Further Advanced Care Parties will not be responsible or liable in any manner for any data added, provided, stored or managed by the User including all personally identifiable information.
· The Information does not constitute an invitation or recommendation to take medical services from Advanced Care Parties nor is such Information a substitute for professional advice or solicitation in respect of medical services/ products or recommendations thereof. Advanced Care Parties urges the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other information.
· All information on the Website is provided to You ‘as is’ ‘as available’ basis without warranty of any kind either express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. In no event shall Advanced Care Parties be liable for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information. All information available on a hyper-link site and any third party are subject to the terms and conditions of the legal notices contained therein.
· Advanced Care Parties make no representations or warranties that use of the Website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content You may obtain from the Website is free of viruses or trojans.
LIMITATION OF LIABILITY
· The information available on the Website could include inaccuracies or typographic errors. Advanced Care Parties has endeavored to ensure that all the information on the Website is correct, but Advanced Care Parties neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Advanced Care Parties makes no warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.
· In no event shall Advanced Care Parties be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website. Neither shall the Company be responsible for the delay or inability to use the Website, Services or any related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Advanced Care Parties shall not be held responsible for non-availability or access to the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Advanced Care Parties control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at his/her discretion and risk and the User himself/herself will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. Advanced Care Parties shall not be liable to the User for the above damages for more than an amount of 1 Taka.
INDEMNITY
User agrees to indemnify and hold harmless Advanced Care Parties, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives, medical service providers, doctors and Partners from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. Advanced Care Parties will notify You promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, You agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
APPLICABLE LAW AND DISPUTE SETTLEMENT
These terms and conditions are governed by and construed in accordance with the laws of Bangladesh. You agree that the courts, tribunals and/or quasi-judicial bodies located in Dhaka, Bangladesh shall have the exclusive jurisdiction on any dispute arising inside Bangladesh under this Agreement.
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.
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 Advanced Care Parties. Any consent by Advanced Care Parties to, or a waiver by Advanced Care Parties 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.
Contact Clause
The User, by sharing his/her contact number at our website or on call, is authorizing Advanced Care Parties and its representatives to get in touch with the User, receive promotional calls and offer products and services available on this website. This clause overrides the fact that the User is registered under DND or DNC service, and that the user authorizes such calls from Advanced Care Parties and its third party representatives.
