PalmPower India Handheld Applications Private Limited, or simply PalmPower, is the author and publisher of the website www.palmpower.in, our web application, and our Apps published in Android PlayStore and iOS App Store with brand names PalmPower Medicus, all of them referred together as PalmPower’s “Applications”.
NATURE AND APPLICABILITY
These terms are applicable to you as a patient, anyone registered under your account as a family member in our Applications. To use our Applications you must be 18 years or older. By registering with us, you represent that you are 18 years or older, have the right, authority and capacity to use our Applications. You also represent that you are competent as per Indian Contract Act, 1872 to enter into this agreement and use our Applications.
We are a technology provider and an intermediary between you and your healthcare provider. We do not provide any healthcare services ourselves and our services are aimed at making it smooth and easy for you to avail healthcare services from your provider.
Using our technology, we provide the following services to you:
· Ability to book appointments with your healthcare provider and track the appointment so that your wait time with your healthcare provider is minimized to the extent possible.
· Store your health records and record keep them secured.
· Provide you ways to create your own health records and provide a way for your healthcare provider create your records as necessary.
· Make payments to healthcare providers
· Enable virtual consultations using our Applications
· Provide ways for participants of the healthcare eco-system to reach out to you to send information related to your appointments, follow ups, reminders for medicines in-take, tips to keep your health, and the likes which are useful to you.
YOUR ACCOUNT AND ITS PROTECTION
Your account is password protected and the password is known only to you. We provide ways to change the password and expect you to change the password frequently to keep your account protected. You are expected not to disclose your password to anyone, and you are solely responsible for maintaining the confidentiality of your account. You shall immediately notify us of any actual or suspected unauthorized use of your account so that your account can be locked by us. We will not be responsible for the losses you suffered due to your compromised account.
COLLECTION OF DATA
While providing our services, we may collect information related to the devices through which you access our Applications. The intent of collecting this information is to identify you correctly, provide better user interface based on the type of device you use, and improve the quality of our services.
We also collect identifiable information such as your phone number or mobile number or patient identification number issued by your healthcare provider to effectively communicate with you related to services we provide. For example, your mobile number is used to send SMSs related to your appointments and send reminders. Your patient identification number is used to accurately retrieve your health records.
We also keep records that you voluntarily input using our Applications for giving information to your healthcare provider and keep records that are created by your healthcare provider about you for his reference and analysis.
OWNERSHIP OF DATA
Any data you as a patient create belongs to you. Any data that you receive from any third party such as diagnostic centres belongs to you. Any data created by your healthcare provider belongs to you, except the ones that are marked “Private” by the healthcare provider. “Private” data are confidential notes about you maintained by the healthcare provider that are not for public consumption.
SHARING OF DATA
Any data that belongs to you is automatically shared with your healthcare provider with whom you have already availed healthcare services so that he can provide you quality and information driven healthcare. Your healthcare provider may share your data with another provider for the sole purpose of providing you informed healthcare.
Any data created by your healthcare provider falls under three categories:
1. Public data
2. Protected data
3. Private data
Any data that may be shared to a third party is classified as Public Data. An example of public data is a Prescription created by your healthcare provider which you may share it with a laboratory or a pharmacy.
There are situations where the doctor needs to create notes about you for his own consumption and that is not shared with you even though the information is about you. Example of such data include Counsellors creating confidential notes about a patient being counselled. Such data is explicitly marked as “Private” by the healthcare provider and this information is never shared with you. It may be shared with another healthcare provider, by an explicit action by the healthcare provider who created it, for the sole purpose of providing better healthcare to you.
Any data that is neither Public nor Private automatically becomes Protected. Protected data is automatically shared between you and your healthcare provider, but not shared with anyone else without explicit action.
AUTHENCITY OF DATA
Since we are not the ones creating the data, we are not responsible for the authenticity of the personal data or health data created either by you or by your healthcare service provider.
However, we reserve the right to remove any data that we find not to be authentic, inaccurate, incomplete, misleading, or illegal in any manner. The same applies to any data that we find has reasonable grounds to suspect to be not authentic, inaccurate, incomplete, misleading or illegal in any manner.
RETENTION OF DATA
If your health record is not accessed for a stipulated time of three years, you may not be able to access your records going forward due to storage restrictions. If your data is not synchronized with our servers for a period of time of one week, you may lose the data that was not synchronized.
If you would like your data to be deleted, you may send your request to firstname.lastname@example.org. Deletion does not mean permanent deletion from our database as we may be required to keep the records as per the law. Deletion only means that your data will not be shared with anyone, unless it is required by the law.
REQUIRED BY LAW
In case the law of land requires your data to be shared under orders of any constitutional court or jurisdiction mandates, your data will be shared to the required authorities with or without notification to you depending on the situation and demand from the law of the land.
INFORMATION DISPLAYED & DOWNLOADED
We directly or indirectly collect information regarding healthcare providers and display in our Applications. These include information such as healthcare providers’ qualifications, specializations, visiting hours and other relevant details. We take reasonable efforts to ensure that such information is updated frequently. However, we cannot be held liable for any inaccuracies or incompleteness despite our reasonable efforts.
Our Applications may lead you to websites or videos or applications of other third parties and business partners during the course of using our services. PalmPower has no control over, and not liable for content, accuracy, validity, reliability, and quality of such third-party content.
We are not responsible for any content downloaded by you from any third-party websites or applications for its content, legality or any viruses embedded in them.
NOT A HEALTHCARE SERVICE PROVIDER
PalmPower enables users to connect with healthcare providers and strives to ensure better processes and experience for both you and the healthcare provider. We do not take any responsibility for any cancellation of your appointments, or dissatisfied service provided, or negligence or quality of treatment provided by the healthcare provider. In case of any conflict with the healthcare provider, you have to directly resolve the conflict with the healthcare provider. If both you and the healthcare provider want us to resolve any dispute, PalmPower reserves the right to make the final decision and the total aggregate liability of PalmPower to any claim shall not exceed Indian Rupees 200/- (Rupees two hundred only).
We do not promote, endorse, rate any healthcare provider. Choosing the right healthcare provider is your responsibility and we only provide you the technology to have a better experience with your healthcare provider.
PAYMENTS AND REFUNDS
PalmPower currently does not charge patients for using its Applications. Our Applications provide a way to collect payments electronically from you and these are payments collected on behalf of the healthcare providers for providing their services. We only provide technology to collect money from you on behalf of your healthcare providers.
The amount of money we collect depends on how your healthcare provider has set his/her/their payment policy. There may be situations where you would like refund for the money you have paid. These situations could include (1) the healthcare provider cancelled your paid appointment (2) you are not satisfied with the service provided (3) you have made an erroneous payment, etc. Under any circumstance, the refund resolution has to be taken up directly with your healthcare provider and the refund has to be initiated by your healthcare provider. PalmPower has no role to play in initiating any refunds.
PalmPower reserves the right to suspend or terminate this Agreement, with or without notice under circumstances including but not limited to the following:
- Breach to the terms of this agreement
- Detection of inaccurate, illegal, offending, injuring content in the account
- Unable to verify accuracy of information provided
- Information leading to cause legal liability
- Demanded by the law of the land
Once suspended or deleted, you as a patient will not be able to avail our services or able to access your data stored in our servers.
LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall PalmPower, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages.
In no event shall the Protected Entities be liable for:
- Failure to provide expected services by the healthcare providers
- Deficiency, negligence, insufficient care, act or omissions by the healthcare providers
- Any unauthorized access to or alteration of data during transmission
- Any other matter relating to our Applications.
In no event shall the total aggregate liability of Protected Entities to you 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 shall not exceed Indian Rupees 200/- (Rupees two hundred only)
RETENTION AND REMOVAL
PalmPower may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPDI Rules. Computer web server logs may be preserved as long as administratively necessary.
APPLICABLE LAW AND JURISDICTION
Any dispute, obligation, action, suit or other legal proceeding, which is commenced to resolve any matter arising under or relating to Applications, will be governed by the laws of India. The courts of Bangalore shall have exclusive jurisdiction.
REACH OUT TO US
If you have any questions concerning PalmPower, our Applications, our services, please reach out to our customer support at email@example.com.
In accordance with the Information Technology Act, 2000, any discrepancies and grievances with respect to processing of information, you may contact our Grievance Officer:
Mr. Yashas S.K.
In the event you suffer as a result of access or usage of our Applications by any person in violation of Rule 3 of the IG Rules, please address your grievance to firstname.lastname@example.org and bring it to the attention of the grievance officer.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by PalmPower. Any consent by PalmPower to, or a waiver by PalmPower 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.