Terms & Conditions

1. INTRODUCTION

Prescrip is a brand/software (Software as a Service) owned by Prescrip Health Technology LLP.

Application/Membership to Prescrip entitles a member/applicant to gain access to the services offered by Prescrip including but not limited to usage of Prescrip as software as a service in order to maintain and communicate the patient’s personal health records with their medical practitioners enrolled as members with Prescrip. Furthermore it also entitles the member/applicant to use all such services as are required by them in relation to processing of information and also in the interpretation, application and use of processed data and such developed softwares.

These detailed Terms and Conditions of a member’s/applicant’s membership/application to Prescrip are made available to them in pursuance of their application for membership.

By accepting the Terms and Conditions embodied hereunder a member’s/applicants membership/application stands confirmed. Non acceptance of these Terms and Conditions by a member/applicant will entail cancellation of their membership/application. [POP UP FIELD]

2. MEMBERSHIP SUBSCRIPTION, FEES, CANELLATIONS AND RENEWALS

Each person is required to pay a Subscription Fee as specified in the Proforma Invoice/Quotation as provided by the representative of Prescrip and agreed by the member/applicant at the time of accepting the abovementioned Proforma Invoice/Quotation. Such amount shall be billed to the applicant/member for a period as specified in the Proforma Invoice/Quotation.

The obligations, benefits, etc. flowing/ accruing from such membership/application as stated in the terms and condition would be deemed to have been read and understood by each person prior to his/ her applying for the said membership.

Members/Applicants are obliged to provide correct details when they apply for the membership of Prescrip and failure to do so may invalidate the membership and disentitle the applicant/ member from securing the benefit of the services provided by Prescrip from the time the same comes to light and/ or to the knowledge of Prescrip. It is the responsibility of the members to, at all times, update and provide accurate information during the subsistence of their membership/application.

All membership applications are subject to verification by Prescrip. Prescrip will notify the member in the event that their membership application has been accepted via the e-mail.

Membership will continue for a period as specified in the Proforma Invoice/Quotation from the date of joining and/ or renewal of the membership. The membership shall stand renewed only upon a timely payment by the member of the Subscription Fee, which shall be paid atleast 30 days prior to the expiration from the period, as the case may be, during which the membership subsists.

Members are required to give Prescrip 10 days prior notice where he/she desires to cancel his/her membership.

Prescrip reserves the right to admit/not admit/ any person as a member. The decision of Prescrip shall be final and binding in this regard and no correspondence whatsoever shall be entertained in this connection. Prescrip similarly reserves the right to renew/ not renew the membership of any person as a member.

Prescrip reserves the right to terminate the membership of any person if Prescrip has reason to believe that such person is in violation of these Terms and Conditions, as amended from time to time, and/or if Prescrip has reason to believe that the information as provided by such person is false or untrue. Further, Prescrip reserves the absolute right to cancel suspend any member’s membership (at its sole discretion) for any reason whatsoever. If Prescrip cancels the membership of any member, Prescrip shall, without having any obligation to do so, may at its sole discretion, refund the balance of the quarterly or annual membership fee on a proportionate basis in respect of the unexpired period of the membership. The decision of Prescrip in this regard shall be final and binding and no correspondence in this regard would be entertained.

The membership of Prescrip is personal to the member and it shall be the responsibility of such member to ensure that the membership benefits are not used by anyone other than the person who is a member. In the event, Prescrip notices third party’s using a member’s membership to access the services of Prescrip, then Prescrip reserves the right to discontinue such membership and/ or take suitable action as it may deem fit in such a scenario.

The Terms and Conditions governing membership may be periodically changed by Prescrip. All such changes would stand duly reflected on our website www.prescrip.in

Membership fees of Prescrip are mentioned on the Proforma Invoice/ Quotation for Membership/Application to Prescrip. Any increase in the membership fees at any time will be notified to all the members via email on the email of such member registered with Prescrip or put on the website of Prescrip.

The membership fee is non-refundable. However, Prescrip may at its sole discretion elect to refund the membership fee in whole or in part depending on the circumstances relating to the cancellation of any membership.

Membership fees are due on the acceptance of a member’s membership application as the case may be, thereafter. Fees are payable in strict compliance with these Terms and Conditions, as amended from time to time.

Any member can subsequently authorize Prescrip to deduct renewal membership fees, whether, by direct debit or any direct payment method, provided the same is manageable by Prescrip. The member shall keep in mind for periods as mentioned in the Proforma Invoice/Quotation whilst issuing such instructions to his bank, if any.

3. MEMBERSHIP ENTITLEMENTS AND OTHER ESSENTIAL TERMS OF MEMBERSHIP

Each member shall be entitled to all the benefits that flow / accrue from the membership/application sought and granted to the member by Prescrip. Any service outside that of what the member is entitled to may be, in a given situation, acceded to by Prescrip at charges which will be communicated to the member at that point in time.

As a member of Prescrip, please note that the third party service providers/ suppliers of benefits (approved, associated and contracted with Prescrip) and such benefits granted under the membership themselves are subject to availability and may change from time to time. Prescrip cannot and shall not be, at any point, be liable for its inability to facilitate any such service on account of the default of such third party service providers/suppliers of benefits as the case may be. Prescrip shall however, at all times, endeavour to deal with every query, request, requisition, etc. by any member in the best possible manner and to their satisfaction.

Prescrip aims to ensure that the benefits remain available at all times and are constantly negotiating new benefits to ensure that the members receive maximum use of their membership. If any of the benefits become unavailable, Prescrip will do all they can to ensure that prior commitments are honoured to the fullest extent possible, but shall not be responsible for any actions of any third party service providers who default in rendering the service requested for by the member and/ or any default due to certain unforeseen, unavoidable external factors.

Prescrip shall endeavour to fruitfully process the member’s request in a seamless and expedient manner so as to ensure that the member’s request is complied with, to his/ her full satisfaction.

If any service or any other information which comes under the services of Prescrip is not provided to the member as required or to the satisfaction of the member concerned, the member is required to contact the representative of Prescrip, within such appropriate time of such an event happening. In pursuance thereof Prescrip will investigate the matter appropriately. Upon investigation where it is assessed that such defect in the service provided for reasons directly attributable to Prescrip, the same will be remedied by Prescrip, in consultation with the affected member, in a manner that is in the best interests of both Prescrip and the member. However, the decision of Prescrip in this regard will be final and binding.

Under no circumstances, as envisaged under this clause or otherwise, shall Prescrip be ever liable to pay any member any sum of money for any default of any nature whatsoever.

4. USING YOUR MEMBERSHIP

Upon being granted membership of Prescrip, each member shall set their requisite log-in id and a password. The same shall be used whilst using the benefits granted by the membership and accessing the various services offered by Prescrip. Usage of Prescrip shall be explained by the concerned representatives of Prescrip.

A member may only make such requests by e-mail, once they have been accepted as a member. Prescrip will from time to time offer other modes of registering member’s requests and shall endeavour to inform its members of the same as soon as the same is offered. However, members shall also endeavour to keep themselves updated with all the latest updates and services, etc. offered by Prescrip by regularly logging on its website.

Upon a member placing a request with Prescrip via email and/ or any other mode of communication that may be offered by Prescrip, from time to time, Prescrip shall endeavour to call the said member back at the number of such member registered with them. During such a call revert, Prescrip shall confirm with the member the request placed by such member and any and all details that may need to be taken/ confirmed vis a vis the said request. Prescrip shall then take the necessary steps to do the needful and carry out the request placed by such a member as efficiently and as expeditiously as possible.

Prescrip reserves the right to withdraw any of the services and/or to refuse to supply the services requested by a member depending on the exigencies of the situation and the circumstances.

If Prescrip is unable to deal with any request, it will inform the member as soon as reasonably practicable.

Prescrip will also offer the benefit of allowing members to give Prescrip its Payment Card for membership/renewal purposes whilst accessing any service, or benefit. In such cases members may be required to provide their Payment Card details.

The member undertakes that all details he/she provides to Prescrip for the purpose of usage of services are correct, that the Payment Card, if any, he/ she is using is their own and that there are sufficient funds to cover the cost of the service.

From time to time, the procurement or provision of certain services, or benefits may incur a Prescrip handling charge (of which the member will be notified at the time of booking or as soon as is practicable). In these cases the member hereby agrees to bear the cost for the same. In cases where the member has authorized Prescrip to use their Payment Card, Prescrip shall debit the said Payment Card with any such handling charges.

Telephone calls to Prescrip may be monitored or recorded for purposes of confirmation of the request by Prescrip and for training and quality control purposes.

Any third party services as contracted by the member/applicant (see Schedule I for further reference) and added by such members to Prescrip shall be subject to the terms and conditions of the third party service provider of such services. All rights and remedies that any member may have would be against the relevant third party service provider of such services. ( of the contracting parties) (( sole discretion of the member)

5. LIABILITY

Prescrip warrants to the member that Prescrip shall use its reasonable endeavours to provide the services with reasonable care and skill and, as far as reasonably possible, in accordance with the member’s request and instructions from time to time. Members are aware and are hereby informed that Prescrip only does the job of facilitating the member in procuring and getting the services requested for by the member. For the avoidance of doubt, Prescrip does not and will not provide any representations or recommendations in relation to any of the information, quality of service offered by such third party service provider. The members are deemed to be responsible for, and shall use their own skill and judgement as to, the quality, value and suitability of such information and suggestions in relation to deciding whether to enter into any contract with any third party service provider for the supply of services.

The member hereby agrees that any contract entered into by such member with any of the third party service providers is an independent contract. Prescrip hereby disclaims any and all liability for any act or omission of any such third party service provider or any loss incurred by the member as a result of any act or omission of such third party service provider.

Prescrip accepts no liability for any losses or claims arising from any inability to access their website, call-centre, etc. or any failure to complete any transaction.

Prescrip shall not be liable for any loss, cost, expense or damage of any nature whatever (whether direct or indirect) resulting from the provision of the services or the member’s reliance upon the information provided by Prescrip hereunder and the supply of services to the member by any third party service provider.

Prescrip shall have no liability to any member for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by the member which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any other fault whether attributable to such member or otherwise.

Prescrip shall have no liability to any member for any loss, damage, costs, expenses or other claims for compensation arising from requests any member places for people who are not members of Prescrip except the immediate family and/or nominated persons on the member’s membership.

Prescrip shall not be liable to any member or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of Prescrip’s obligations in relation to the services, if the delay or failure was due to any cause beyond Prescrip's reasonable control.

Except in adherence to the provisions of these Terms and Conditions, Prescrip’s maximum liability to any member for breach of any of its obligations hereunder shall be limited to the value of the Membership fee and the charge for the services to be provided.

INDEMNITY: Prescrip shall be indemnified against all claims and liabilities arising out of any disputes or differences between the member and the third party service provider.

6. CHANGES TO THESE TERMS AND CONDITIONS

Prescrip may vary these Terms and Conditions from time to time and will endeavour to notify the members of any changes in a timely manner. However as stated above, members shall regularly log onto the website of Prescrip and keep themselves updated with all the latest developments stated therein. Notification may be by any/ or all of the following mediums:

(a) Prescrip’s website- www.prescrip.in
(b) E-mail of the member
(c) Phone or any other mode registered by the member

A member’s continued use of his/ her membership constitutes acceptance of the these Terms and Conditions as amended from time to time.

7. INTELLECTUAL PROPERTY

Prescrip Health Technology LLP is the sole owner/proprietor of all Intellectual Property Rights in the Trademark Prescrip and logo and word per se. Prescrip Health Technology LLP is also the sole and exclusive owner of all the copyright subsisting in connected designs, logos, graphics, etc.

By agreeing to these Terms and Conditions, the member is not deemed to be entitled by implication or otherwise to any rights in Trademarks belonging to Prescrip Health Tchnology LLP or any part of such Trademark.

Any attempt to use these services for any commercial gain, by any member/ person shall constitute a violation of the Intellectual Property Rights of Prescrip Health technology LLP and shall render such member/person liable for legal action, not limited to infringement/actions, under the Governing Law.

The member agrees and undertakes that it shall neither claim any interest nor purport to claim for themselves directly or indirectly any rights to the Intellectual Property Rights owned by Prescrip Health Technology LLP.

8. LINKS

Prescrip assumes no responsibility for the contents of any other websites to which Prescrip’s website has links and shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or reliance on any content, products or services available on such hyperlinked websites. Prescrip may not have control of such websites. The inclusion of any hyperlinks to such other websites does not mean that Prescrip endorses the material on such websites or has any association with the owner, products and/ or services of such hyperlinked websites.

9. COMMUNICATION & NOTICE

All Communication and Notices to and from a member shall by email or post.

Prescrip shall send all such communications to the email address and/ or postal address provided to Prescrip in the Membership Application Form by the member.

Members may send any communication or notice to Prescrip by contacting the number provided on Prescrip’s website.

The email/postal address provided by the member in his/her Membership Application Form will be the only address at which Prescrip will be required to communicate with the member. It is therefore imperative for a member to intimate any change or alteration in such email/postal address to Prescrip diligently and immediately upon any such change.

10. PRIVACY POLICY

Prescrip is committed to protecting the privacy of its members. No information gathered of any member by Prescrip will be sold and/or made available to any third party by Prescrip except to the extent as may be necessary for Prescrip to offer the services to its members. Further Prescrip reserves the right to make limited use of such details for the purpose of various promotions, events, etc. towards recognition of the fact of membership of any member/ person and/or for similar ancillary purposes. Nothing contained herein shall be deemed to be a disclosure of such information by Prescrip where so required by operation of law and/or any court order or the like.

11. CONFIDENTIALITY

i) Confidentiality Obligations
- (a) Prescrip agrees to hold Confidential Information with respect to its members in confidence in accordance with the terms of this Agreement.
- (b) The member/ applicant agrees to hold Confidential Information with respect to its “patients” in confidence in accordance with the terms of this Agreement.
ii) Confidentiality Standard of Care.
- (a) Prescrip shall exercise at least the same degree of care as it uses with regard to its own Confidential Information, but in no event less than reasonable degree of care, in protecting the Disclosing Party's Confidential Information.
- (b) The member/ applicant shall exercise at least the same degree of care as it uses with regard to its own Confidential Information, but in no event less than reasonable degree of care, in protecting the Disclosing Party's Confidential Information
iii) Permitted Disclosure of Confidential Information
- (a) Prescrip shall limit dissemination of the Confidential Information with respect to its members/ applicants consistent with the Purpose of disclosure.
- (b) The member/ applicant shall limit dissemination of the Confidential Information with respect to its “patients” to its third party service providers who are required to have access to the Confidential Information, consistent with the Purpose of disclosure.
- (a) Prescrip shall instruct its members/applicants of the obligations under this Agreement.
- (b) The member shall instruct its authorized third party service providers of the obligations under this Agreement.
- (a) Prescrip shall not be responsible for any breach of this Agreement by the members/ applicants authorized third party service providers. (Comment sticky place as we are putting the members in a complete liability position)
iv) Required Disclosure of Confidential Information.
- (a) Notice of Disclosure- Prescrip shall provide the member/applicant with prompt written notice of the order to disclose.
- (b) Cooperation to Seek Protective Order- Prescrip shall cooperate with the member/applicant to obtain a protective order or other appropriate remedy.
- (c) Limited Disclosure. In the event that a protective order or other remedy is not obtained, or the member/applicant waives compliance with the provisions of this Agreement, Prescrip shall:
  1) disclose only the portion of Confidential Information that is legally required to disclose
  
  2) exercise all reasonable efforts to obtain reliable assurances that confidential treatment will be afforded to Confidential Information.
- (a) Notice of Disclosure. The member/applicant shall provide the “patient” with prompt written notice of the order to disclose.
- (b) Cooperation to Seek Protective Order. The member/applicant shall cooperate with the “patient” to obtain a protective order or other appropriate remedy.
- (c) Limited Disclosure. In the event that a protective order or other remedy is not obtained, or the “patient” waives compliance with the provisions of this Agreement, the member/applicant shall:
  1) disclose only the portion of Confidential Information that is legally required to disclose
  
  2) exercise all reasonable efforts to obtain reliable assurances that confidential treatment will be afforded to Confidential Information.
v) Return of Property.
- a) In such circumstances as may be necessary at the members/applicants request, all Confidential Information in the possession of Prescrip shall be promptly/ immediately returned to the member/ applicant or destroyed.
- b) In such circumstances as may be necessary at the “patients” request, all Confidential Information in the possession of member/applicant shall be promptly/ immediately returned to the “patients” or destroyed.
(vi) Definition of Confidential Information
- (a) Included Information with respect to the member/applicant - Confidential Information means any material non-public information disclosed to the whether orally, in writing, through any means of communication, by or on behalf of the member/applicant. Included information with respect to the member/ applicant is more particularly elucidated in Schedule I annexed to the present terms and conditions. (the note u sent me)
- (b) Included Information with respect to the “patients” - Confidential Information means any material non-public information disclosed to the whether orally, in writing, through any means of communication, by or on behalf of the “patients”. Included information with respect to the “patients” is more particularly elucidated in Schedule II annexed to the present terms and conditions. (the note u sent me)
(vii) Excluded Information.
The restrictions of this Agreement on use and disclosure of Confidential Information with respect to the member/ applicant and the patients will not apply to:
- (a) Public Information. Information that is or becomes publicly known without the breach of this Agreement.
- (b) Already Known. Information that at the time of disclosure under this Agreement is already known to Prescrip or the member/applicant without any restriction on its disclosure.
- (c) Non- Authorized Third Party Source. Information that is or subsequently comes into the possession of Prescrip or the member/applicant from a non- authorized third party source without violation of any contractual or legal obligation.
- (d) Independently Developed. Information that is independently developed by Prescrip or the member/applicant without the use of Confidential Information or breach of this Agreement.

12. DISCLAIMER

The member hereby expressly agrees that use of the website, www.prescrip.in, is entirely at their own risk. Prescrip makes no representations or warranties of any kind, whether express or implied, including without limitation with respect to the website, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities.
Prescrip does not warrant that the functions provided by the website will be uninterrupted or error free, or that the site or the server that makes it available are free from viruses or other harmful components.
Prescrip Health Technology LLP, its directors, employers, agents, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct or indirect) or towards expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the website.

13. SEVERABILITY

Each clause of these Terms and Conditions constitutes a separate and distinct undertaking, covenant and/or provision hereof. In the event that any provision of these Terms and Conditions shall finally be determined to be unlawful and/or void, such provision shall be deemed severed here from, but every other provision hereof shall remain in full force and effect.

14. FORCE MAJEURE

Prescrip shall not be liable by reason of any failure or delay in the performance of its obligations on account of strikes (labor, transport or otherwise), lock-outs, labor conditions, riots, fires, flood, storms, earthquakes, acts of terrorism, war, governmental action or any other cause which is beyond the reasonable control of Prescrip.

15. ASSIGNMENT

Members shall not be entitled to assign their rights and obligations herein mentioned.

16. GOVERNING LAW & JURISDICTION

These Terms and Conditions shall in all respects be interpreted, construed and governed by and in accordance with the laws of India. The Courts at Mumbai shall have exclusive jurisdiction to adjudicate on all disputes arising out of or in relation to these Terms and Conditions.