Terms & Conditions

General

HealthProNext.com ("Website/Application") is operated by NxTechWorks Consulting (OPC) Private Limited ("Company", "We", "Our", "Us"), incorporated under the Companies Act, 2013, with its registered office at B5, S. No. 7 and 8, Balewadi, Pune 411045, Maharashtra, India.

Use of the Website is offered to You subject to acceptance of all terms, conditions, and notices contained herein, along with any amendments made by Company at its sole discretion and posted on the Website.

For the purpose of these Terms, "You", "User", or "Your" means any natural or legal person who has agreed to become a user on the Website.

Terms of Use

• 1.By accessing or using the Website or subscribing to any of our services, You agree that You have read, understood, and are bound by these Terms — a legal and binding contract between You and the Company per the Information Technology (Intermediaries Guidelines) Rules, 2011 and Telemedicine Practice Guidelines ("TP Guidelines").
• 2.By accessing the Website, You consent to avail Telemedicine Services as per the terms provided herein or any other applicable terms from time to time.
• 3.This electronic record is generated by a computer system and does not require any physical or digital signatures.
• 4.If You do not want to be bound by these Terms, do not access, browse, transact on the Website, or avail any services.
• 5.You give Your consent to the Practitioner and the Company to refer You to healthcare service providers post Your consultation.

Privacy Policy

Kindly refer to our Privacy Policy at https://healthpronext.com/privacy.

Eligibility to Use

Use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. If You are a minor (under 18 years of age), You may use the Website only with the involvement of a parent or guardian. The Company assumes no responsibility or liability for any misrepresentation of Your age.

User Account, Password & Security

1. Information We May Collect:

• ·Name, User ID, Email address, Address (including country and ZIP/postal code)
• ·Gender, Age, Phone number, Password
• ·Billing information including credit card, billing address, and other payment details

• 2.You shall ensure that the information provided by You is true, complete, accurate, and up-to-date.
• 3.Use of another User's information for availing Company services is expressly prohibited.
• 4.If You provide false, inaccurate, or incomplete information, the Company has the right to suspend or terminate Your account.
• 5.The Company reserves the right to terminate Your registration or refuse access if You are found to be under 18 years of age.
• 6.The Company reserves the right to refuse access to new Users or terminate access granted to existing Users at any time without assigning reasons.
• 7.You are fully responsible for maintaining the confidentiality of Your Account Information and for all activities that occur under Your Account.
• 8.If You wish to erase Your information including personally identifiable information from the Platform, the Company will process such erasure after recording Your explicit consent. Such deletion is final and irreversible.
• 9.You agree to (a) immediately notify the Company in writing of any account compromise or security breach, and (b) log out from Your Account at the end of each session.
• 10.The Company is not liable for any loss or damage arising from Your failure to maintain account security.
• 11.The Website uses temporary cookies for technical administration, research, and user management. We do not store personally identifiable information in cookies.

Limited User

• 1.The Website does not screen or censor users. You assume all risks associated with dealing with other users. You agree to use the Website only for lawful purposes without infringing the rights of third parties.
• 2.You agree not to reverse engineer, modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
• 3.You agree to post and upload only proper messages and material. In particular, You agree not to:

• a.Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others
• b.Publish, post, or distribute any inappropriate, profane, defamatory, infringing, obscene, or unlawful content
• c.Upload files containing software protected by intellectual property laws without necessary rights or consents
• d.Upload or distribute files containing viruses, corrupted files, or software that may damage the Website or another's computer
• e.Conduct or forward surveys, contests, pyramid schemes, or chain letters
• f.Download files posted by others that cannot be legally distributed in such manner
• g.Falsify or delete author attributions, legal notices, or proprietary designations
• h.Violate any code of conduct or guidelines applicable to any particular Service
• i.Violate any applicable laws or regulations in force in or outside India
• j.Violate, abuse, or exploit any of the terms and conditions of this Agreement

Telemedicine Services

HealthProNext provides resources that connect Users directly to Practitioners in real time via live video conferencing, telephone, and/or secure messaging ("Telemedicine Services"). All participating Practitioners are independent contractors. HealthProNext itself provides no telemedicine services — Practitioners are solely responsible for the Telemedicine Services rendered.

Definitions

• 1.Telemedicine: Delivery of healthcare services, where distance is a critical factor, by healthcare professionals using information and communication technologies via Video, Audio, or Text.
• 2.User/You: A patient, their representatives or affiliates, or any person using a registered account to search for Practitioners through the Website.
• 3.Practitioner: A Registered Medical Practitioner or healthcare service provider as per the National Medical Commission Act, 2019, including designated associates of such practitioners.
• 4.Caregiver: A family member or person authorised by the patient. If a patient is aged 16 or under, or is incapacitated, the caregiver is deemed authorised to consult on behalf of the patient.

1. Fees

HealthProNext has no role in determining the Practitioner's consultation fees. Fees are set at the Practitioner's sole discretion. HealthProNext may charge a subscription fee and applicable taxes. Consultation fees are for a single person only; additional persons will not be addressed in the same consultation.

2. Not For Emergency Use

3. Data Storage

The Company may keep records of any interactions and associated issues with the Practitioner, including health issues and experiences, for the purpose of developing its services.

4. Consent Requirement

If the patient initiates Telemedicine Services directly, consent is implied. If a caregiver, health worker, or Practitioner initiates on behalf of the patient, explicit consent (written or verbal) must be given by the User prior to initiation of services.

5. Caregiver Terms

A caregiver may consult on behalf of a patient where: (a) the patient is present with the caregiver; or (b) the patient is a minor (aged 16 or under), incapacitated, and/or the caregiver holds formal authorisation or has been verified in a previous in-person consultation. Both patient and caregiver are strongly advised to be present during the consultation.

6. Possible Risks

The User understands that, as with any medical procedure, risks associated with Telemedicine Services may include, without limitation:

• a.Delays in consultation or treatment due to technical equipment deficiencies or failures, including poor audio/video quality
• b.Failure of security protocols leading to a breach of privacy of personal information
• c.Lack of access to complete medical history, which may result in adverse drug interactions, allergic reactions, or other negative outcomes

7. Your Warranties and Representations

These warranties apply mutatis mutandis to caregivers using the Platform. The User acknowledges and agrees that:

• a.You consent to your information being used to schedule appointments with suitable Practitioners via software, and for billing purposes.
• b.By using this Platform, You consent to receiving calls, SMSs, and/or emails from Us, third parties, and the Registered medical or healthcare professional, including marketing and promotional communications.
• c.Prescriptions provided by the Practitioner are based on the Telemedicine interaction and may vary from those given after an in-person examination. They comply with the TP Guidelines and do not include medicines in the "Prohibited List".
• d.HealthProNext is not liable for information provided by the User that is untrue or inaccurate, and reserves the right to suspend services if it suspects such inaccuracy.
• e.It is Your sole responsibility to keep Your mobile number and email ID updated. HealthProNext is not responsible for losses from failure to do so.
• f.HealthProNext is not responsible for any drugs, medicines, or therapy prescribed by the Practitioner.
• g.Users shall not persuade any Practitioner to prescribe: drugs for Medical Termination of Pregnancy; habit-forming drugs (Schedule X of the Drugs and Cosmetics Rules, 1945); narcotic or psychotropic substances under the NDPS Act, 1985; or drugs in the Prohibited List of the TP Guidelines.
• h.Any discrepancies with a prescription should be raised directly with the Practitioner. HealthProNext makes no representation for information shared by the Practitioner.
• i.The Practitioner may exercise discretion in choosing the mode of tele-consultation based on the nature of the ailment. HealthProNext has no role in determining this.
• j.The Company is a mere facilitator and does not fall within the purview of the National Medical Commission Act, 2019.

8. Grievance Redressal

For questions about this Agreement or the Services or grievances regarding the Website or processing of information, contact us at info@nxtechworks.com

9. HealthProNext Warranties

• a.Prescriptions and invoices will be uploaded to the User's account after the consultation.
• b.The Website may be linked to third-party websites. HealthProNext has no control over, and is not liable for, the content or accuracy of such external websites. Inclusion of any link does not constitute an endorsement.
• c.The Platform is provided on a best-efforts "AS IS" basis. HealthProNext is not liable for any interruption to access of the Services.
• d.Information obtained from HealthProNext is for informational purposes only. No guarantees are made regarding professional qualifications or quality of work of Practitioners. HealthProNext shall not be liable for any decision taken in reliance on such information.

Intellectual Property Rights

• 1.All content on the Website — including text, graphics, user interfaces, sounds, artwork, and computer code ("Owner Content") — is owned and controlled by the Company and is protected by copyright, patent, trademark, and other intellectual property laws.
• 2.Trademarks, logos, and service marks ("Marks") displayed on the Website are the property of the Company or respective third parties. You may not use the Marks without prior written consent.
• 3.Unless otherwise indicated, the Company or its third parties own all intellectual property rights in and to the Website, including copyright, patents, trade secrets, databases, text, content, graphics, icons, and hyperlinks.
• 4.You may not copy, republish, post, translate, transmit, reproduce, or distribute any Content through any medium without the express written permission of the Company or the relevant third-party owner.

Assumption of Risk

The Website and its contents are for communication purposes only. By using the Website, You acknowledge that no information posted herein constitutes legal, medical, or financial advice, and no fiduciary relationship has been created between You and the Company. Your purchase of any products on the Website is at Your own risk. The Company assumes no responsibility or liability for any advice or other information provided on the Website.

Force Majeure

• 1.The Company shall not be liable for any loss or damage caused by delay, default, deficiency, or failure in Services resulting from natural disasters, pandemics, fire, riots, civil disturbances, governmental decrees, communication line failures, or any other cause beyond our reasonable control ("Force Majeure Event").
• 2.In the event of a Force Majeure Event, the affected party shall immediately notify the other party of the facts constituting such event.
• 3.You give Your explicit consent to the Company to use Your information during pandemic emergencies for public benefit, including sharing with regulatory bodies.

Indemnification

You agree to defend and indemnify the Company and its affiliates, employees, agents, directors, and representatives and hold them harmless against any and all legal claims and demands — including attorney's fees — arising from Your use or misuse of the Website or Services, Your breach of these Terms, or Your conduct or actions. You agree that the Company may, at its discretion, select its own legal counsel and participate in its own defense.

Termination

These Terms will continue to apply until terminated by either You or the Company. You may terminate Your agreement by (i) not accessing the Website or (ii) closing Your accounts for all services.

The Company may terminate the Terms at any time, with or without notice, if:

• ·You breach any provision of these Terms, the Privacy Policy, or any applicable policies
• ·The Company is required to do so by law
• ·Provision of services to You is no longer commercially viable
• ·The Company elects to discontinue access to the Website or Services

Termination may include: removal of access to all offerings; deletion of Your materials, Account Information, personal information, log-in ID, password, and associated files; and barring of further use of Services. All terminations are at the Company's sole discretion. The Company is not liable to You or any third party for any such termination.

Governing Law & Dispute Resolution

These Terms and any contractual obligations between the parties are governed by the laws of India, excluding its conflict of law provisions. Any litigation specifically permitted under these Terms shall be subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra, India.

Modification & Variation

The Company may change these Terms at any time without prior notice. Any and all modifications shall be in full force and effect immediately upon being posted on the Website and shall replace any prior version. Your continued use of the Website constitutes acceptance of the modified Terms.

Miscellaneous

Report Abuse

If You come across any abuse, violation of these Terms, or objectionable content on the Website, please report it to the Company's customer support team.

Severability

If any provision of these Terms is deemed invalid, unlawful, or unenforceable, that provision shall be severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

Waiver

Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver is valid unless made in writing and signed by the Company.

Headings

Headings and subheadings are included for convenience and organisation only and are not intended to describe, interpret, define, or limit the scope or intent of these Terms.