• TERMS OF USE

    Prologic Consulting Private Limited, on behalf of itself and its affiliates/group companies under the brand "Prologic" (“Prologic”), is the author and publisher of the internet resource www.talktomedic.in Prologic owns and operates the services provided through its Website/Mobile App.

    THIS AGREEMENT DEFINES THE TERMS AND CONDITIONS UNDER WHICH YOU ARE ALLOWED TO USE THE WEBSITE/MOBILE APP AND DESCRIBES THE MANNER IN WHICH WE SHALL TREAT YOUR ACCOUNT WHILE YOU ARE REGISTERED AS A MEMBER WITH US. BY DOWNLOADING OR ACCESSING THE WEBSITE/MOBILE APP TO USE THE SERVICES OUTLINED THEREIN, YOU IRREVOCABLY ACCEPT ALL THE TERMS OF USE AND CONDITIONS STIPULATED IN THIS AGREEMENT AND PRIVACY POLICY, AS AVAILABLE ON THE WEBSITE/MOBILE APP, AND AGREE TO ABIDE BY THEM. 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/MOBILE APP 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 THE MEDICAL/HEALTH SERVICES OFFERED BY US. IF YOU DO NOT AGREE WITH ANY PART OF THE AGREEMENT, PLEASE DO NOT USE THE WEBSITE/MOBILE APP OR AVAIL ANY CONNECTED SERVICES. YOUR ACCESS TO USE OF THE WEBSITE/MOBILE APP AND THE SERVICES WILL BE SOLELY AT THE DISCRETION OF PROLOGIC. THESE TERMS OF USE SPECIFICALLY APPLY TO THE WEBSITE– WWW.TALKTOMEDIC.IN AND ITS RELATED MOBILE APP ONLY AND DO NOT IN ANY WAY RELATE TO ANY OTHER PRODUCT OR SERVICES OWNED BY PROLOGIC CONSULTING PRIVATE LIMITED.

  • 1. APPLICABILITY OF TERMS, SERVICES & REGULATIONS

    Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.talktomedic.in/company/privacy (“Privacy Policy”) before you decide to access the Website/Mobile App or avail the services made available on the Website/Mobile App by Prologic. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Prologic in connection with your visit to the Website/Mobile App 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/Mobile App, 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/Mobile App (“End- User”, “you” or “User”); or
    • Otherwise a user of the Website/Mobile App (“you” or “User”).

    This Agreement applies to those services made available by Prologic on the Website/Mobile App, which are offered to the Users (“Services”), including the following:

    i. For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website/Mobile App;
    ii. For other Users: Facility to (i) Search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Prologic, and (ii) to make appointments with Practitioners.

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

    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;
    • 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”);
    • Indian Medical Council Act, 1956 (A Registered Medical Practitioner is a person who is enrolled in the State Medical Register or the Indian Medical Register under the Indian Medical Council Act, 1956)
    • Telemedicine Practice Guidelines, published by the Indian Government on 25.03.2020 (Such guidelines have been inserted vide an amendment in the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002)
      The relevant part of the amendment is as follows:
    • 3.8.1. Consultation through Telemedicine by the Registered Medical Practitioner under the Indian Medical Council Act, 1956 shall be permissible in accordance with the Telemedicine Practice Guidelines contained in Appendix 5.

  • 2. RESTRICTION OF AGE FOR USAGE

    You must be 18 years of age or older to register, use the Services, or visit or use the Website/Mobile App in any manner. By registering, visiting and using the Website/Mobile App or accepting this Agreement, you represent and warrant to Prologic that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website/Mobile App and the Services available through the Website/Mobile App, and agree to and abide by this Agreement.

  • 3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

    A. Data Privacy & Personal Information

    • The terms “personal information” and “sensitive personal data or information” are as per the definition enshrined under the SPI Rules.
    • Prologic may by its Services, collect information relating to the devices through which you access the Website/Mobile App, and anonymous data of your usage. The collected information will be used only for improving the quality of Prologic’s services and to build new services.
    • The Website/Mobile App allows Prologic 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.
    • 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 Prologic will disclose such information; and,
      • Other information mandated by the SPI Rules.
    • 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.
    • Prologic 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 Prologic or to any other person acting on behalf of Prologic.
    • 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/Mobile App. 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 Prologic of any actual or suspected unauthorized use of the User’s account or password. Although Prologic will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Prologic 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 Prologic has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Prologic has the right to discontinue the Services to the User at its sole discretion.
    • Prologic may use the information collected from the Users from time to time for the purposes of debugging customer support related issues.

    B. Listing & Publishing Content on the Website/Mobile App

    • Prologic collects, directly or indirectly, and displays on the Website/Mobile App, relevant information regarding the profile and practice of the Practitioners listed on the Website/Mobile App, such as their specialization, qualification, fees, location, consultation hours and similar details. Prologic takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Prologic 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.
    • The Services provided by Prologic 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). Prologic does not provide or make any representation, warranty or guarantee, express or implied about the Website/Mobile App or the Services. Prologic does not guarantee the accuracy or completeness of any content or information provided by Users on the Website/Mobile App. To the fullest extent permitted by law, Prologic disclaims all liability arising out of the User’s use or reliance upon the Website/Mobile App, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website/Mobile App, or any opinion or suggestion given or expressed by Prologic or any User in relation to any User or services provided by such User.
    • The Website/Mobile App may be linked to the website of third parties, affiliates and business partners. Prologic has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites, mobile apps or made available by/through our Website/Mobile App. Inclusion of any link on the Website/Mobile App does not imply that Prologic endorses the linked site. User may use the links and these services at User’s own risk.
    • If Prologic determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Prologic reserves the right to immediately suspend your access to the Website/Mobile App or any of your accounts with Prologic and make such declaration on the Website/Mobile App alongside your name as determined by Prologic for the protection of its business and in the interests of Users. You shall be liable to indemnify Prologic for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Prologic or its Users.

    C. Booking of Appointments with Practitioner

    • Prologic will ensure Users are provided confirmed appointment on the Booking of Medical/Health Services made by such user. However, Prologic has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment.
    • The results of any search Users perform on the Website/Mobile App for Practitioners should not be construed as an endorsement by Prologic of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
    • Without prejudice to the generality of the above, Prologic is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Prologic will not be liable for:
      • User interactions and associated issues User has with the Practitioner;
      • the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
      • any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
      • inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
      • any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
      • cancellation or no show by the Practitioner or rescheduling of booked appointment
    • Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Prologic is not bound to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website/Mobile App.
    • Cancellation and Refund Policy
      In the event that, the Practitioner with whom User has booked a paid appointment via the Website/Mobile App, has not been able to meet the User, User will need to write to us at support@talktomedic.in within two (2) to three (3) days from the occurrence of such event; in which case, the consultation amount as mentioned on the Website/Mobile App will be refunded to the User (after deducting applicable processing fee/charges by Prologic) within a week’s time of requisition in the original mode of payment done by the User while booking. In case where the User does not show up for the appointment booked with a Practitioner without cancelling the appointment beforehand, the amount will not be refunded. In case where the User cancels the appointment before 24 hours of the scheduled time of appointment fixed with a Practitioner, he/she shall be entitled to refund of the consultation amount (after deducting applicable processing fee/charges by Prologic).

    D. No Representations & Warranties; Not for Emergency Use

    • Please 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/Mobile App (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 Prologic 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 Prologic, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website/Mobile App 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/Mobile App. 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.
    • The 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.

    E. Content Ownership and Copyright Conditions of Access

    • The contents listed on the Website/Mobile App are (i) User generated content, or (ii) belong to Prologic. The information that is collected by Prologic directly or indirectly from the End-Users and the Practitioners shall belong to Prologic. Copying of the copyrighted content published by Prologic on the Website/Mobile App for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Prologic reserves its rights under applicable law accordingly.
    • The contents of the Website/Mobile App, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website/Mobile App (collectively, "Prologic Content"), are the property of Prologic and are protected under copyright, trademark and other laws. User shall not modify the Prologic Content or reproduce, display, publicly perform, distribute, or otherwise use the Prologic Content in any way for any public or commercial purpose or for personal gain.
    • User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

    F. Feedback & Reviews

    By using this Website/Mobile App, you agree that any information shared by you with Prologic 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/Mobile App, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Prologic in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Prologic 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. Prologic shall not be liable to pay any consideration to any User for republishing any content across any of its platforms. Your publication of reviews and feedback on the Website/Mobile App 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/Mobile App 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. Prologic, 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.

  • 4. TERMS OF USE & STIPULATIONS APPLICABLE FOR PRACTITIONERS

    The terms in this Clause 4 are applicable only to Practitioners.

    • The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. 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/ services being rendered.
    • The Practitioner shall exercise proper discretion and not compromise on the quality of care and welfare of End-Users but within the intrinsic limits of telemedicine. The professional judgment of the Practitioner would be the guiding principle for all telemedicine consultations. Prologic believes that a Registered Medical Practitioner is well positioned to decide whether a technology based consultation is sufficient or an in-person review would be required for the End-User. Practitioners should consider the mode/technologies available and their adequacy for a diagnosis before choosing to proceed with any health education or counseling or medication. They should be reasonably comfortable that telemedicine is in the patient’s interest after taking a holistic view of the given situation.
    • Registered Medical Practitioner would be required to fully abide by Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 and with the relevant provisions of the IT Act, Data protection and privacy laws or any applicable rules notified from time to time for protecting patient privacy and confidentiality and regarding the handling and transfer of such personal information regarding the patient. This shall be binding and must be upheld and practiced. Every Registered Medical Practitioner shall display the registration number accorded to him/her by the State Medical Council/MCI, on prescriptions, website, mobile app, electronic communication (WhatsApp/ email etc.) and receipts etc. given to his/her patients/End-Users.
    • Prologic shall not be liable and responsible for the ranking of the Practitioners on external websites, mobile apps and search engines.
    • Prologic 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/Mobile App. However, Prologic shall not be liable if any inactive, inaccurate, fraudulent, or non-existent profiles of Practitioners are added to the Website/Mobile App. If any information displayed on the Website/Mobile App in connection with you and your profile is found to be incorrect, you are required to inform Prologic immediately to enable Prologic to make the necessary amendments.
    • Practitioners explicitly agree that Prologic reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
    • You 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 Prologic accepts no liability for the same.
    • Prologic ensures easy access to the Practitioners by providing a tool to update your profile information. Prologic reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Prologic 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 Prologic’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, Prologic may modify or delete parts of your profile information at its sole discretion with or without notice to you.
    • You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Prologic 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. Prologic 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 (F) and 5 of these Terms.
    • Prologic 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/Mobile App shall be applicable mutatis mutandis in relation to Critical Content posted on the Website/Mobile App.
    • If Prologic determines that you have provided inaccurate information or enabled fraudulent feedback, Prologic reserves the right to immediately suspend any of your accounts with Prologic and makes such declaration on the website, mobile app alongside your name/your clinics name as determined by Prologic for the protection of its business and in the interests of Users.
    • 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 Prologic.
    • In recognition of the various offerings and services provided by Prologic to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow Prologic to include a brief description of the services provided to Practitioner in Prologic’s marketing, promotional and advertising materials; (b) allow Prologic to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to Prologic’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.
  • 5. CONTENT RELATED RIGHTS AND OBLIGATIONS

    • The contents listed on the Website/Mobile App are (i) User generated content, or (ii) belong to Prologic. The information that is collected by Prologic directly or indirectly from the End-Users and the Practitioners shall belong to Prologic. Copying of the copyrighted content published by Prologic on the Website/Mobile App for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Prologic reserves its rights under applicable law accordingly.
      • 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.
    • Users are also prohibited from:
      • violating or attempting to violate the integrity or security of the Website/Mobile App or any Prologic Content;
      • 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/Mobile App;
      • attempting to decipher, decompile, disassemble or reverse engineer any part of the Website/Mobile App;
    • Prologic, 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). Prologic 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.
    • In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Prologic has the right to immediately terminate the access or usage rights of the User to the Website/Mobile App and Services and to remove non-compliant information from the Website/Mobile App.
    • Prologic 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 Prologic 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 Prologic as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Prologic or any person on its behalf and the User or where the User has consented to data transfer. Prologic respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
    • Prologic may retain information collected from Users from its Website/Mobile App 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.
  • 6. TERMINATION

    • Prologic reserves the right to suspend or terminate a User’s access to the Website/Mobile App 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;
      • Prologic is unable to verify or authenticate any information provided to Prologic by a User;
      • Prologic has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User;
      • Prologic believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Prologic or are contrary to the interests of the Website/Mobile App.
    • Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website/Mobile App 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/Mobile App 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 Prologic, 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/Mobile App or the content, materials and functions related thereto, the Services, User’s provision of information via the Website/Mobile App, 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/Mobile App;
      • any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website/Mobile App;
      • any unauthorized access to or alteration of your transmissions or data; or
      • any other matter relating to the Website or the Service/Mobile App.
    • 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/Mobile App or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
  • 8. JURISDICTION, GOVERNING LAW, DISPUTE SETTLEMENT AND EX-PARTE ORDERS

    • You agree that this Agreement and any contractual obligation between Prologic 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/Mobile App or the Services or information to which it gives access, shall be determined by way of Arbitration in India, before a Sole Arbitrator who shall be appointed by Prologic. Arbitration shall be conducted in accordance with the provisions of Arbitration and Conciliation Act, 1996 and the seat of such arbitration shall be in Chandigarh. 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.
    • Subject to the above Clause 8(2), the courts at Chandigarh shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website/Mobile App or the Services or the information to which it gives access.
    • Prologic is entitled to obtain ex-parte ad-interim injunction orders restraining the User to prevent any loss/anticipated loss either in material terms or in terms of intellectual property or causing damage/loss/harm to reputation/goodwill of the Company by the User, its representatives, associates or assignees.
  • 9. 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.

  • 10. 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 Prologic. Any consent by Prologic to, or a waiver by Prologic 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.

  • 11. FORCE MAJEURE

    Prologic shall not be responsible or liable for any breach of security or for any actions of any third parties or events due to unforeseen circumstances or for events that are beyond the reasonable control of Prologic and without its fault or negligence including but not limited to, acts of government, pandemics, epidemics, COVID-19, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.

  • 12. RELATIONSHIP OF PARTIES

    • Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. Prologic shall not be responsible for the acts or omissions of the User and User shall not represent the Company, neither have any power or authority to speak for, represent, bind or assume any obligation on behalf of the Company.
    • Each of the rights of the Parties hereto under these Terms of Use are independent, cumulative and without prejudice to all other rights available to them, and the exercise or non-exercise of any such right shall not prejudice or constitute a waiver of any other right of the concerned Party, whether enshrined under such Terms or otherwise.
  • 13. ADDRESSING FOR TERMS & CONDITIONS

    • If a User has any questions concerning Prologic, the Website/Mobile App, this Agreement, the Services, or anything related to any of the foregoing, Prologic customer support can be reached at the following email address: support@talktomedic.in.
    • In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website/Mobile App or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
    • Name: Mr. Rajiv
      Address: C - 98 C, 2nd Floor, Phase 7, Industrial Area,
      Sahibzada Ajit Singh Nagar, Punjab 160055
      Email: support@talktomedic.in
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