Terms & Condition
Pain Free Servises Private Limited, on behalf of itself and its affiliates/group companies under the brand "painfreeodisha" (“painfreeodisha”), is the author and publisher of the internet resource www.painfreeodisha.com and the mobile application ‘painfreeodisha’ (together, “Website”). painfreeodisha owns and operates the services provided through the Website.
NATURE AND APPLICABILITY OF TERMS
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, 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 (“End-User”, “you” or “User”); or
- Otherwise a user of the Website (“you” or “User”).
This Agreement applies to those services made available by painfreeodisha on the Website, which are offered free of charge to the Users (“Services”), including the following:
- For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
- For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by painfreeodisha, and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of painfreeodisha, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at firstname.lastname@example.org.
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 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 any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of painfreeodisha.
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, and
- 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”).
CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to painfreeodisha that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
1. END-USER ACCOUNT AND DATA PRIVACY
- painfreeodisha may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of painfreeodisha’s services and to build new services.
- The Website allows painfreeodisha 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 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 painfreeodisha will disclose such information; and,
- Other information mandated by the SPI Rules.
- 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.
- painfreeodisha 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 painfreeodisha or to any other person acting on behalf of painfreeodisha.
- 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. 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 painfreeodisha of any actual or suspected unauthorized use of the User’s account or password. Although painfreeodisha will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of painfreeodisha 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 painfreeodisha has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, painfreeodisha has the right to discontinue the Services to the User at its sole discretion.
- Painfreeodisha may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
2. RELEVANCE ALGORITHM
painfreeodisha’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by painfreeodisha. painfreeodisha will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. painfreeodisha in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.
3. LISTING CONTENT AND DISSEMINATING INFORMATION
painfreeodisha is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.
4. BOOK APPOINTMENT AND CALL FACILITY
painfreeodisha enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the Website or the App; b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Website.
painfreeodisha will ensure Users are provided confirmed appointment on the Book facility. However, painfreeodisha has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. Provided, it does not fall under the heads listed under the painfreeodisha Guarantee Program, in which case the terms of this program shall apply.
The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by painfreeodisha 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, painfreeodisha 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 painfreeodisha will not be liable for:
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, painfreeodisha shall not be obliged 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.
In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the concerned Practitioner’s clinic:
Cancellation and Refund Policy
In the event that, the Practitioner with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at email@example.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days 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. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.
Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.
- painfreeodisha collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. painfreeodisha takes reasonable efforts to ensure that such information is updated at frequent intervals. Although painfreeodisha 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 painfreeodisha 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). painfreeodisha does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. painfreeodisha does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, painfreeodisha disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by painfreeodisha or any User in relation to any User or services provided by such User.
- The Website may be linked to the website of third parties, affiliates and business partners. painfreeodisha has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that painfreeodisha endorses the linked site. User may use the links and these services at User’s own risk.
- Painfreeodisha assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
- If painfreeodisha determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, painfreeodisha reserves the right to immediately suspend your access to the Website or any of your accounts with painfreeodisha and makes such declaration on the website alongside your name/your clinic’s name as determined by painfreeodisha for the protection of its business and in the interests of Users. You shall be liable to indemnify painfreeodisha for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected painfreeodisha or its Users.
- 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 or any variation in the fees charged, provided these have been addressed to under, painfreeodisha Guarantee Program.
- User’s account will be temporarily disabled from booking further online appointments on painfreeodisha.com for next four (4) months, in case of, three(3) Valid PNS, as per the Patient-No-Show Policy. However, the User can continue to call the clinic via painfreeodisha.com to get an appointment.
- Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same. When Practitioner informs painfreeodisha of the incident or marks a particular appointment as P.N.S. using the painfreeodisha app software within five (5) days of the scheduled appointment, an email and SMS (“PNS Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 3.4.6(c), for not showing up, painfreeodisha shall be entitled to take actions as under Clause 3.4.6 (a). However Users understand that, actions such as ones mentioned under Clause 3.4.6(a) are included as a deterrent to stop Users from misusing the Website, and the loss of business hours incurred by the Practitioner.
- Following instances, solely at the discretion of painfreeodisha, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized as per Clause 3.4.6 (a):
- User does not reply within seven (7) days, with reasons to PNS Communication, from the date of receipt of such PNS Communication;
- In case User responds to the PNS Communication with below reasons:
Forgot the appointment
Chose to visit another Practitioner/consulted online;
Busy with other work; or such other reasons (which painfreeodisha at its discretion decides to be a valid reason to not show up).
- Where the User has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of painfreeodisha, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.
- painfreeodisha reserves the right to make the final decision in case of a conflict. The total aggregate liability of painfreeodisha with respect to any claims made herein shall be INR 200.
5. NO DOCTOR-PATIENT RELATIONSHIP; 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 (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 painfreeodisha 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 painfreeodisha, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website 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. 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.
6. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
- The contents listed on the Website are (i) User generated content, or (ii) belong to painfreeodisha. The information that is collected by painfreeodisha directly or indirectly from the End- Users and the Practitioners shall belong to painfreeodisha. Copying of the copyrighted content published by painfreeodisha on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and painfreeodisha reserves its rights under applicable law accordingly.
- painfreeodisha authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "painfreeodisha Content"), are the property of painfreeodisha and are protected under copyright, trademark and other laws. User shall not modify the painfreeodisha Content or reproduce, display, publicly perform, distribute, or otherwise use the painfreeodisha 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.
REVIEWS AND FEEDBACK
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of painfreeodisha in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. painfreeodisha 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. painfreeodisha shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Your publication of reviews and feedback on the Website 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 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. painfreeodisha, 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. You agree that painfreeodisha may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Website or painfreeodisha’s services; and/or
- Obtaining feedback in relation to any Practitioners listed on the Website; and/or
- Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by painfreeodisha. painfreeodisha’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
painfreeodisha may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘painfreeodisha’. Information available in your Records is of two types:
- User-created: Information uploaded by you or information generated during your interaction with painfreeodisha ecosystem, eg: appointment, medicine order placed by you.
- Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘painfreeodisha ’ or other Services of painfreeodisha software.
- Your Records is only created after you have signed up and explicitly accepted these Terms.
- Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and painfreeodisha does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
- The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, painfreeodisha is not liable for any interruption that may be caused to your access of the Services.
- The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by painfreeodisha, you should refer to your prescription before taking any medicines. painfreeodisha is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the painfreeodisha app.
- It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. painfreeodisha is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with painfreeodisha.
- Painfreeodisha uses industry–level security and encryption to your Health Records. However, painfreeodisha does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform painfreeodisha of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to firstname.lastname@example.org.
- If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. painfreeodisha assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify painfreeodisha and its officers against any such claim or liability arising out of unauthorized use of such information.
- In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
- You may lose your “User created” record, if the data is not synced with the server.
- If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
- Painfreeodisha is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
- The Health Records are shared with the phone numbers that are provided by your Practitioner. painfreeodisha is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
- Painfreeodisha is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
- Painfreeodisha has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
- Painfreeodisha will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
- You agree and acknowledge that painfreeodisha may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
- You acknowledge that the Practitioners you are visiting may engage painfreeodisha's software or third party software for the purposes of the functioning of the Practitioner’s business and painfreeodisha's services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws.
- To the extent that your Records have been shared with painfreeodisha or stored on any of the painfreeodisha products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by painfreeodisha pertaining to such previously visited clinics and hospitals who have tie ups with painfreeodisha for the purposes of their business and for painfreeodisha's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with painfreeodisha, to the mapping of such Records as may be available in painfreeodisha’s database to your User account.
RIGHTS AND OBLIGATIONS RELATING TO CONTENT
As mandated by Regulation 3(2) of the IG Rules, painfreeodisha hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing 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 or any painfreeodisha Content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by painfreeodisha;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the painfreeodisha Content or other information available from the Website;
- framing or hot linking or deep linking any painfreeodisha Content.
- circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
painfreeodisha, 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. painfreeodisha 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.
painfreeodisha 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 painfreeodisha 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 painfreeodisha as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between painfreeodisha or any person on its behalf and the User or where the User has consented to data transfer.
painfreeodisha respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
painfreeodisha reserves the right to suspend or terminate a User’s access to the Website 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;
- painfreeodisha is unable to verify or authenticate any information provide to painfreeodisha by a User;
- painfreeodisha has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- painfreeodisha believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for painfreeodisha or are contrary to the interests of the Website.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website 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 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.
RETENTION AND REMOVAL
painfreeodisha 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 SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
APPLICABLE LAW AND DISPUTE SETTLEMENT
You agree that this Agreement and any contractual obligation between painfreeodisha 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 or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by painfreeodisha. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bhubaneswar, Odisha. 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 9.2, the courts at Bhubaneswar shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
CONTACT INFORMATION GRIEVANCE OFFICER
If a User has any questions concerning painfreeodisha, the Website, this Agreement, the Services, or anything related to any of the foregoing, painfreeodisha customer support can be reached at the following email address: email@example.com or via the contact information available from the following hyperlink: www.painfreeodisha.com/contact.
In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Name: Dr. Shovan Kumar Rath
Address: 15/1, Indradhanu Market, Civic Centre, Nayapalli, Bhubaneswar-15
In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.