TERMS OF USE

Updated on February 7th 2024

 

The following terms (“Terms of Use” or “Terms”) and the Privacy Policy (as defined below) govern the access, viewing or use by you (hereinafter be referred to as “User” or “you” or “your”) of the services available through the Platform (as defined below).

This Platform (as defined below) is owned and operated by Millennial Healthtech Private Limited, a company incorporated under the laws of India and having its registered office at No. 610, 12th main, HAL 2nd stage, Indiranagar, Bengaluru, Karnataka, 560038 (Company, we, us, our).

By accessing, downloading, and using the Platform you agree to be bound and be governed by these Terms of Use and the Privacy Policy.

 

DEFINITION

  • Platform” means the Website;

  • Privacy Policy” means the privacy policy available at the Platform which can be accessed at https://proactiveforher.com/privacy-policy
  • Services” means the services provided by the Company through the Platform including but not limited to consultations, facilitation of diagnostic services, vaccination services, health screening services, preventive health services, general advice, provision of content, as sought by you;
  • Website” means  www.proactiveforher.com  which can be accessed on a mobile phone, tablet or a computing device;
  • Users” means the individual who uses the Platform whether registered or not; and
  • “User Information” means any and all information provided by the User, including User’s name, age, sex, address, email and phone number, name of User’s child, sex and age, while signing up for the Platform or thereafter.

 

USE OF THE PLATFORM

  • The Services are provided to you only for your personal and non-commercial use and should not be shared with any third party whether individuals or otherwise. As the nature of Services provided to you is highly sensitive in nature and is specific to your interactions with us and the requirements provided by you, you shall only use the advice, prescriptions, and consultations provided to you, for your own purposes only. The advice so provided to you, must not be shared with anyone else for their own medical purposes or use. You also acknowledge that Proactive is not meant to be a substitute for emergency medical care. 

  • You agree to use all our Services in accordance with the applicable laws, rules and regulations, or any other specific restrictions on the use of the Service or content therein. To find more information about our Services, or if you need any assistance with our Services, please write to us at connect@proactiveforher.com.

  • By providing information to us, you confirm your understanding and acceptance of our Privacy Policy.

  • In order to avail our Services, you must be of 18 years of age or older or have attained the age of majority in your country. Some services such as vaccination are available to use for children, but the Registered Member for all patients under the age of 18 must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms.

  • Users residing outside India are only permitted to use some wellness services or attend webinars provided virtually by the platform using third party services including but not limited to WhatsApp, Zoom and Google Meet. Any RMPs listed on Proactive’s website are licensed and registered to practice medicine in India as per applicable local Indian laws and hence any consultation with an RMP is limited to users residing in India. Any medical prescription provided by an RMP is valid only in the Indian jurisdiction.


In relation to the use and access of the Platform, its content, and features, you agree and undertake not to:

    • Re-sell the usage of the Platform;
    • Upload, transmit or publish any information on behalf of a third party, including any User Information of any person other than you, and more specifically, you will not impersonate another person;
    • Upload, transmit or publish any information or material which is grossly harmful, false, misleading, abusive, harassing, bigoted, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    • Create User accounts by automated means or under false or fraudulent pretenses;
    • Take any action that imposes, or may impose an unreasonable or disproportionately large load on the IT infrastructure used by the Platform;
    • Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform;
    • Upload, transmit or publish any information or material which may harm minors in any way;
    • Violate or invade the privacy of any person or other Users;
    • Upload, transmit or publish any viruses or other malware, to corrupt, interrupt, limit, destroy or otherwise impact the Platform, the Company’s computer systems, or the computer systems of other Users or third-party systems;
    • Upload transmit or publish anything which you do not have the rights to or any material which infringes the intellectual property rights (in whatever form) of any third-party;
    • Deceive or mislead the other Users of the Platform about the origin of the messages you post or communicate any information which is grossly offensive or menacing in nature;
    • Access the Platform in any unauthorized manner, including by hacking or using the log-in credentials of any other User;
    • Use the Platform for any unauthorized marketing purposes or for sending any unsolicited materials or spamming; and
    • Do any acts that threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.

 

 

  1. You must note that the content published on our Platform is purely informational in nature and is not to be treated as medical advice without the express and essential consultations with qualified professionals (either those whose services are available through our Platform or other third party duly qualified professionals).
  2. The professionals whose services you can avail through our Platform are registered medical practitioners (RMPs), diagnostic services providers, vaccination providers, screening service providers, health instructors and wellness coaches.
  3. The RMPs, diagnostic services providers, vaccination providers, screening service providers, health instructors and wellness coaches that you interact with have the discretion to decide on the appropriate mode of communication. This will be done keeping in mind the clinical/operational protocols that the RMPs, diagnostic services providers, vaccination providers, screening service providers health instructors, wellness coaches are bound by.
  4. You further agree and undertake that the information you provide pertaining to the context, your health condition and medical condition is accurate, and agree for the information so provided to become a part of your health records, diagnosis, prescriptions, or any such other documents or records created during your consultation through the Platform.
  5. You further agree and undertake to ensure compliance with the instructions of the RMPs, diagnostic services providers, vaccination providers, screening service providers, health instructors, wellness coaches (as the case may be), including the health education, counselling and prescription (if any) written for you. Should you deviate from such prescription, health education and counselling, neither the Company nor the RMP, diagnostic services providers, vaccination providers, screening service providers, health instructors, wellness coaches (as the case may be) will be liable for any adverse situation/consequences arising thereof.
  6. The services are not designed for or intended to provide emergency care or to address circumstances which require a visit to the casualty/emergency department of a hospital. You hereby undertake that in case of a medical emergency, you will not rely on Proactive Services for treatment. You must ensure that in case of a medical emergency, you shall seek urgent and immediate medical attention in a nearby physical facility, or with a locally and physically available medical professional.
  7. Your interaction with the RMPs,diagnostic services providers, vaccination providers, screening service providers, health instructors, wellness coaches (as the case may be), is governed by the applicable laws in India and our contractual engagement with the RMPs, diagnostic services providers, vaccination providers, screening service providers, health instructors, wellness coaches (as the case may be). Please note that the Company and the Platform facilitate the interactions between you and the RMPs, diagnostic services providers, vaccination providers, screening service providers, health instructors and wellness coaches and that the Services are subject to the limitations and disclaimers set forth in agreement below.
  8. The Services provided to you could host a range of offerings which could be in the asynchronous as well as the synchronous format/s accommodating real-time and store and forward models for consultation. Any new modes of communication, as and when introduced, will also be governed by these Terms, and other internal policies of the Company.
  9. You hereby allow us to contact you through any mode or medium using the contact details you provided. By using Proactive, it is deemed that You have consented to receiving telephonic calls, SMSs, emails and/or other means of communication from us. Such communications shall be sent to You on the telephone number and/or email id provided by You for the use of Proactive’s services which are subject to our Privacy Policy. In the event you use Proactive to book appointments with any RMP or any other service provided on the website or at our clinics, we may send booking confirmation, cancellation, rescheduled appointments or any such other information relevant for the transaction, via Email, SMS, WhatsApp notifications, or by voice call on the contact number provided by You at the time of making the appointment or booking.
  10. You agree and consent to receive all communications at the mobile number provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, you further authorise Us to share/disclose the information to any third party service provider or any affiliates, group companies, their authorised agents or third party service providers. Notwithstanding your registration with National Do Not Call Registry (In Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India), you hereby express your interest and accord its willful consent to receive communication (including commercial communication) in relation to company name. You further confirm that any communication, as mentioned herein above, shall not be construed as Unsolicited Commercial Communication under the TRAI guidelines and you have specifically opted to receive communication in this regard on the telephone number provided by you, the user. We will be making calls and sending WhatsApp and SMS notifications through third-party platforms 


REGISTRATION

  1. You must register on our Platform in order to avail the Services, and for providing the same, we will seek further information and identification documentation from you in consonance with our Privacy Policy.
  2. You agree that you will not create more than one User account or create a User account for anyone other than yourself without first receiving permission from such other person. We may, at our sole discretion, refuse to accept your registration due to non-compliance with any eligibility requirement for such registration.
  3. You shall, at all times, be responsible for any activities that are undertaken through your User account.
  4. You represent that you have all rights required to provide the information that you provide on the Platform, including the User Information and represent that it is true and accurate.
  5. All User Information will be used and processed in accordance with the Terms of Use and the Privacy Policy.
  6. We engage third party service providers, including courier services, for the purposes of fulfilment of your orders, as placed on the Platform. Your relevant information will be shared with such third parties as required.

 

BOOKING CONSULTATION, DIAGNOSTIC SERVICES, VACCINATION SERVICES OR ANY OTHER HEALTH SERVICES

 

  1. The Platform enables Users to connect with RMPs, diagnostic services providers, vaccination providers, screening service providers health instructors, wellness coaches (as the case may be) through the following  methods: a) Book Consultation - that allows Users to book an appointment through the Platform with the listed RMPs health instructors, wellness coaches ; b) WhatsApp- Message Us-  which connect Users  to a Company representative, who will assist Users to book Services with the RMPs, diagnostic services providers, vaccination providers, screening service providers health instructors, wellness coaches (as the case may be) and c) Call- Users may call us at +91-9882080808/+91-9002019002 for the purpose of appointment with the respective RMPs, diagnostic services providers, vaccination providers, screening service providers, health instructors and wellness coaches (as the case may be). 
  2. Users understand that the Platform collects User Information for the provision of the Services and allied/ancillary purposes. Users further understand and agree that the collected User Information shall be provided to diagnostic services providers, vaccination providers, screening service providers health instructors, wellness coaches (as the case may be) for the purpose of appointment with the respective RMPs, diagnostic services providers, vaccination providers, screening service providers health instructors, wellness coaches (as the case may be). 
  3. The Company will ensure that the User’s appointments are confirmed by the respective RMPs, diagnostic services providers, vaccination providers, screening service providers, health instructors, wellness coaches (as the case may be). However, in the event such an appointment is cancelled by the RMPs, diagnostic services providers, vaccination providers, screening service providers, health instructors, wellness coaches (as the case may be), the Company shall have no liability towards the same.

  4. The User understands and agrees that the Company is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between Users and RMPs, diagnostic services providers, vaccination providers, screening service providers, health instructors, wellness coaches (as the case may be). It is only the RMPs, diagnostic services providers, vaccination providers, screening service providers health instructors, wellness coaches (as the case may be)  who will be  liable to the Users for:
    1. User interactions and associated issues that the User may have with the RMPs, diagnostic services providers, vaccination providers, screening service providers healt instructors, wellness coaches  (as the case may be).
    2. The ability or intent of the RMPs, diagnostic services providers, vaccination providers, screening service providers health instructors, wellness coaches (as the case maybe) or the lack of it, in fulfilling their obligations towards the Users
    3. Any wrong medication or quality of treatment being given by the RMPs, diagnostic services providers, vaccination providers, screening service providers health instructors, wellness coaches  (as the case may be), or any medical negligence, inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the RMPs, diagnostic services providers, vaccination providers, screening service providers health instructors, wellness coaches  (as the case may be) to provide agreed Services; and (v) cancellation or no show by the RMPs, diagnostic services providers, vaccination providers, screening service providers health instructors, wellness coaches (as the case may be) or rescheduling of a booked appointment or any variation in the fees charged.
    4. Proactive reserves the right to deny service to users where circumstances outside our control don't allow us to provide service especially in non-Bangalore locations. Proactive also reserves the right to deny service to users who don't comply with the terms spelt out in this policy or exhibit any behaviour that is in contravention of this policy. 


      The user understands that they need to comply with the following guidelines in order to use Proactive services online or offline at our clinics 
    5. Treat RMPs, diagnostic services providers, vaccination providers, screening service providers, health instructors, wellness coaches, Proactive staff at our clinics, other patients, and visitors in the clinics with courtesy and respect. Any undue verbal or physical harassment of or violence towards RMPs, diagnostic services providers, vaccination providers, screening service providers, health instructors, wellness coaches, Proactive staff at our clinics, other patients, and visitors in the clinics with courtesy and respect will result in termination of services and refusal to provide further services and could result in other action being taken based on applicable law.
    6. Be on time for appointments. Cancel or reschedule appointments as far in advance as possible when required and comply with Proactive’s cancellation and rescheduling policy.
    7. When visiting our clinics
      • Abide by all clinic rules and regulations:
      • Comply with the NO SMOKING policy.
      • Be considerate of noise levels, privacy, and safety.
      • Understand that weapons of any kind are prohibited on the premises.

     

    1. Pay for services billed for in a timely manner as per the clinic policies.
    2. Respect situations when another patient’s medical condition may be more urgent than yours and accept that the RMP/clinic staff may need to attend them first.

     

     

    • DIAGNOSTIC SERVICES AND OTHER AT-HOME SERVICES INCLUDING DELIVERY OF INTIMATE PRODUCTS

      We assist our Users to book slots online with diagnostic centres/ laboratories/radiology/screening services which have partnered with the Company for providing diagnostic services for the purpose of conducting various tests as may be required by the Users pursuant to their health check-ups or as may be recommended by medical practitioners to such Users. The report generated pursuant to such test is provided by the diagnostic centre/ laboratory to us which in turn is provided to the Users.

      Information collected for facilitating diagnostic services –

     

          1. Your name,
          2. Your age,
          3. Your prescription (if applicable),
          4. Your test details,
          5. Your medical history (if applicable)
          6. Your email id,
          7. Your address,
          8. Your phone number,
          9. Your financial information.

     

      1. User agrees to provide the details sought above for the purposes mentioned herein. User understands that we will have access to not only the User’s details but also to their reports and records that the diagnostic centre shall generate pursuant to the diagnostic services.
      2. The User may opt for the home collection of samples, provided the relevant diagnostic service provider provides for home collection services. The process of home collection shall be conducted by the technicians of such diagnostic service provider as per their internal procedures and policies.
      3. It is only the diagnostic service provider, who will be liable to the Users for: (i)User interactions and associated activities in fulfilling its obligations towards Users; (ii) cancellation or no show by the diagnostic service provider personnel/ technician or rescheduling of a booked appointment or any variation in the fees charged. Users understand that the diagnostic service provider is a third-party and the Company has no control over the procedures of the diagnostic service provider. The Company is merely a facilitator which facilitates the connection between User and the diagnostic service provider. The diagnostic service provider is solely liable for and responsible for the actual test and analysis undertaken and the underlying diagnosis provided in the report that will be generated by such service provider pursuant to the test. To the fullest extent permitted by applicable law, the Company hereby disclaims and excludes all representations, warranties and liability with respect to all information and diagnosis contained in the report generated by the diagnostic service provider.
      4. The invoice for the diagnostic services will be provided by the Company to the Users at the time of booking such diagnostic services through the Platform. Payment towards the said invoice shall be made online at the time of booking the diagnostic service.
      5. In the event of any complaints regarding the booking facility, the same can be reported to  connect@proactiveforher.com 

     

    • Cancellations and Refunds

     

      1. All bookings are non-cancellable once paid for (i.e bookings are not subject to cancellation once payment is made). All bookings are non-refundable except in cases of non-performance of services by Proactive For Her/its diagnostics service providers.
      2. Home collection slots are subject to availability. In any of non-availability of chosen date/slot, any lockdowns and/or restrictions imposed by the ongoing COVID-19 pandemic or any other such pandemic or epidemic, adverse weather conditions or any other unforeseen circumstances, the sample collection slot might change (in such cases, Proactive For Her will notify the customer). If the chosen slot is not available, Proactive is not liable to refund the customer. Proactive For Her will offer alternate available slots, closest to the date/slot that was originally booked.

     

    1. Rescheduling: Rescheduling of sample collection slot once confirmed by Proactive For Her might attract an additional rescheduling charge of upto 250 INR (Indian rupees). Requests to reschedule sample collection need to be conveyed to Proactive For Her atleast 2 hours prior to the chosen time slot.
    2. No-show: What is a No-Show? A customer not physically present/available at the address provided for at-home services (lab tests) during the slot chosen would be considered a no-show. No-Show policy: No refunds will be processed in case of no-shows. Proactive For Her will try reschedule the appointment to another day/time slot of the customer’s choosing, subject to availability. To reschedule a no-show may attract an additional charge of upto 250 INR (Indian rupees). Proactive For Her is not liable to provide a(n) refund/free reschedule.
    3. Intimate and physical products are non-returnable, non-exchangeable, and non-refundable i.e once the order is placed it cannot be cancelled. Please contact us if you have any queries before placing the order.
    4. Delivery & Shipping Policy:All orders are dispatched from third-party warehouses located in Bangalore. Our goal is to deliver orders within a reasonable timeframe, typically ranging from 1 to 15 days after receipt of the order and successful payment processing.
      Order deliveries will be facilitated by third-party courier and logistics companies

     

     

    • VACCINATION SERVICES
    • We assist our Users to get vaccination services via providers which have partnered with the Company for providing vaccination services as may be required by the Users pursuant to their health check-ups or as may be recommended by medical practitioners to such Users.

     

        1. Information collected for facilitating vaccination services –
        2. Your name,
        3. Your age,
        4. Your prescription (if applicable),
        5. Your vaccination details,
        6. Your medical history 
        7. Your email id,
        8. Your address,
        9. Your phone number,
        10. Your financial information.

     

     

    • The User may opt for home administration of vaccination services, provided the relevant vaccination service provider provides for home services. The process of home vaccination shall be conducted by the technicians/registered nurses of such vaccination service providers as per their internal procedures and policies.
    • It is only the vaccination service provider, who will be liable to the Users for: (i)User interactions and associated activities in fulfilling its obligations towards Users; (ii) cancellation or no show by the vaccination service provider personnel/ technician or rescheduling of a booked appointment or any variation in the fees charged. Users understand that the vaccination service provider is a third-party and the Company has no control over the procedures of the vaccination  service provider. The Company is merely a facilitator which facilitates the connection between User and the vaccination  service provider. The vaccination service provider is solely liable for and responsible for the procurement, storage, delivery and administration of the vaccine. To the fullest extent permitted by applicable law, the Company hereby disclaims and excludes all representations, warranties and liability with respect to the service provided by the vaccination service provider.
    • In the event of any complaints regarding the booking facility, the same can be reported to connect@proactiveforher.com 
    • In the event the vaccination service provider cancels your appointment or is not able to provide the services as scheduled, then the Platform shall take reasonable efforts to give you prior notice of such cancellation/issue. In the event no notification is sent, then you may contact us at connect@proactiveforher.com. The Platform shall endeavour to reschedule the appointment as per User’s convenience or refund the payment made at the time of booking.
    • Cancellations and Refunds: All bookings are non-cancellable once paid for (i.e bookings are not subject to cancellation once payment is made). All bookings are non-refundable except in cases of non-performance of services by Proactive For Her/its vaccination service providers Home vaccination slots are subject to availability. In case of non-availability of chosen date/slot, any lockdowns and/or restrictions imposed by the ongoing COVID-19 pandemic, adverse weather conditions or any other unforeseen circumstances, the vaccination slot might change (in such cases, Proactive For Her will notify the customer). If the chosen slot is not available, Proactive is not liable to refund the customer. Proactive For Her will offer alternate available slots, closest to the date/slot that was originally booked.
    •  Rescheduling: Rescheduling of vaccination appointment once confirmed by Proactive For Her might attract an additional rescheduling charge of upto 250 INR (Indian rupees). Requests to reschedule vaccination appointments need to be conveyed to Proactive For Her atleast 2 hours prior to the chosen time slot.
    • No-show: What is a No-Show? A customer not physically present/available at the address provided for at-home services (vaccination) during the slot chosen would be considered a no-show. No-Show policy: No refunds will be processed in case of no-shows. Proactive For Her will try reschedule the appointment to another day/time slot of the customer’s choosing, subject to availability. To reschedule a no-show may attract an additional charge of upto 250 INR (Indian rupees). Proactive For Her is not liable to provide a(n) refund/free reschedule

      BUNDLED SERVICES - WELLNESS PROGRAMS/PACKAGES/VOUCHERS/GAMEPLANS

     

    • Users can sign up for any bundled services including not limited to bundled teleconsultations or wellness sessions, that are put together in the form of a program, package, voucher, or gameplan facilitated by the Platform. These services could consist of consultation with RMPs, health instructors, and subject- matter experts onboarded by the Company, therapy sessions, diagnostics services, vaccination services, screening services, wellness sessions  or any other related health services.
    • User understands that the Platform only facilitates participation in such services. User understands and acknowledges that the advice and any diagnosis provided by the RMPs, health instructors, wellness coaches and subject-matter experts during or through the support program are solely based on the information provided by the Users and the expertise of the RMPs, health instructors and subject matter experts. The Company is not involved in providing any healthcare or medical advice or diagnosis directly or indirectly to any User and hence is not responsible for any interactions between Users and the RMPs, health instructors or subject matter experts pursuant to the support program. To the fullest extent permitted by applicable law, the Company hereby disclaims and excludes all representations, warranties and liability with respect to all information, advice and any diagnosis provided by the RMPs, health instructors and subject-matter experts. User understands and acknowledges that any diagnostic services, vaccination services or other related health services provided as part of a program, package, voucher, or gameplan are governed by the terms of use of that particular service.
    • In the event of any complaints regarding a program, package, voucher, or gameplan facilitated by the Platform, the same can be reported to connect@proactiveforher.com
    • Cancellations and Refunds:

     

        1. All bookings are non-cancellable once paid for (i.e bookings cannot be cancelled once payment is made)
        2. All bookings are non-refundable except in cases of non-performance of services by Proactive For her/its chosen health coaches/experts.
        3. In case the customer has a medical or other issue due to which they need to cancel their booking either before they begin usage of their program/voucher/gameplan/package or after they have partially used their program/voucher/gameplan/package, Proactive will consider such cancellation requests on a case-by-case basis. Whether a refund will be provided will be determined by Proactive in its sole discretion.Proactive has the right to initiate a partial refund only in such cases, after deducting any fees for partial usage of the program/voucher/gameplan/package, on a pro-rata basis along with an additional 10% of the amount paid deductible as admin/cancellation fees. While considering the amount of partial refund, Proactive will consider pricing of utilised services as purchased at full price rather than the discounted price as part of the package pricing.
        4. Any refunds/partial refunds can take upto 10 business days to process
      1. In the event of cancellation of program, package, voucher, or gameplan facilitated by the Platform which the User has signed up for or the RMP or the health instructor or the wellness coach or the subject-matter expert/partner provider is not available for their session, then the Platform shall take reasonable efforts to give you prior notice of such cancellation/issue. In the event no notification is sent, then you may contact us at connect@proactiveforher.com. The Platform shall endeavour to reschedule the session as per User’s convenience or refund the payment made at the time of signing-up of the program. If the User cancels, then please refer to our cancellation and refund policy.

    THIRD PARTY INTERACTIONS

    From time to time, this Website may contain links, or host content or resources provided by third parties. We provide you with third party links/ content solely for your information and convenience. We do not make any representations or warranties about the content, suitability or appropriateness about the content or products contained in any third-party websites or resources. We urge you to read their internal policies for your continued interaction with such third parties.

    AVAILMENT OF EMI OPTIONS

    1.  Please note that if you customer has paid through third-party EMI provider like Simpl, Axio or a bank, customer is liable to make the consequent payment as raised by the concerned lender. Proactive is not responsible in case the customer chooses to discontinue the services.
    2.  In the case of customer plan cancellations purchased via EMI, Proactive will facilitate the refunds (if applicable) as per the relevant refund policy. The customer is advised to check with the respective bank/issuer offering the EMI how the cancellations or refund will affect the EMI terms and of any pre-closure or interest charges levied on the customer.
    3. The EMI facility is being offered by the respective banks to the customer and Proactive has no role to play in the approval, extension, pricing, modification, pre-closure, closure or any matter incidental thereto pertaining to offering of the EMI facility, which is decided at the sole discretion of the bank/lender.
    4. The EMI facility being offered by the banks/lender to the customers is governed by the respective terms and conditions of each bank/lender and the customer is advised to approach the bank/lender in case of any complaint, dispute or enquiry about an EMI transaction.
    5. Proactive shall not be held liable for any dispute arising out of or in connection with such EMI facility being offered by the respective banks/issuer.

     

                                                                                                     CANCELLATION, NO-SHOW, RESCHEDULE AND REFUND POLICY


    Teleconsultations or wellness sessions or health coaching sessions

     

     

     

    • Cancellations: Cancellations made 2 hours (120 mins) prior to the scheduled consultation start time will receive 100% refund, after which no refunds will be provided for cancellations. Please note that refunds on account of cancellation can take upto 10 business days to process.
    • Reschedules: 

      For physiotherapy appointments: One (1) free reschedule is allowed until 1 hour (60 mins) before the scheduled appointment start time. Post usage of the one (1) free reschedule, any further changes to appointment time slot cannot be accommodated. Customers can choose to book a new appointment (at full price) if they cannot attend their appointment. 

      For other appointments: One (1) free reschedule is allowed. Post usage of the one (1) free reschedule, any further changes to appointment time slot cannot be accommodated. Customers can choose to book a new appointment (at full price) if they cannot attend their appointment. 

     

     

     

     

    • Customer No Show Policy:

                        What is a Customer No-Show?
                        A customer failing to join the tele-consult within 10 mins from the appointment start time is considered a No-Show.
       
                         No-Show User/Patient/Customer:
                         No refunds will be processed in case of customer no-shows. In case there are delays from the customer’s end, Proactive For Her will not be liable and will not be able                     to provide a(n) refund/free reschedule/extended appointment duration et al.

     

     

     

     

    • Late Joining User/Patient/Customer:

     

    1. A customer is allowed to join late till 10 minutes from the appointment start time. If the customer does not join within 10 mins of the appointment start time, they will be marked as “no-show” and the teleconsult will end (doctor will no longer be available). 
    2. If a customer joins within 10 minutes of their start time, the appointment time will be reduced to the remainder of the slot booked. Proactive For Her will not be liable and will not be able to provide a(n) refund/free reschedule/extended appointment duration.

     

     

    • Free Consultation/Follow-ups:

     

      1. Depending on the type of consult booked, one (1) Free follow-up per teleconsult can be booked within 15 days from the date of appointment. If the user doesn’t see any slots to book within these 15 days, they can reach out to Proactive via call/WhatsApp to get an extension or request a different doctor, subject to availability
      2. Note that program/voucher/gameplan participants (for example PCOS program, vaginismus program, nutrition gameplan etc ) do not qualify for free follow-ups as their programs follow a specific structure and include a fixed number of appointments. Any consults provided as a followup after a diagnostics/lab test booking with Proactive is also not eligible for an additional free-follow-up. Any consults provided as part of a package booking with Proactive is also not eligible for an additional free-follow-up unless otherwise specified.
      3. If cancellation of the follow-up is unavoidable patients are requested to cancel 2 hours prior to the consultation time. Post cancellation the patient will have to pay for a new appointment.
      4. 1 reschedule is allowed till 2 hours prior to the follow-up consultation time. Post usage of 1st reschedule the patient will have to pay for a new appointment.

     

     

     

    Summary of cancellation and rescheduling policy based on type of appointment

    Type of consult

    Cancellation

    Rescheduling 

    No-show

    Physiotherapy appointments 

    Allowed up to 2 hours (120 mins) prior to the scheduled appointment start time. Full refund will be processed if your appointment is cancelled before 2 hours of the scheduled start time. No refund will be processed if you cancel your appointment less than 2 hours prior to the start time.


    One reschedule is allowed for free, up to the one (1) hour before the scheduled start time of the appointment. No rescheduling is allowed once your scheduled appointment start time is 1 hour (60 mins) away or less. If you fail to reschedule before the scheduled appointment start time and dont attend the appointment you will be considered a no-show

    No refund

    Other appointments

    Allowed up to 2 hours (120 mins) prior to the scheduled appointment start time. Full refund will be processed if your appointment is cancelled before 2 hours of the start time. No refund will be processed if you cancel your appointment less than 2 hours prior to the start time.

    One reschedule is allowed for free, up to the scheduled time of the appointment. If you fail to reschedule before the scheduled appointment time and dont attend the appointment you will be considered a no-show

    No refund

     

    For Physiotherapy appointments 

    Time from the scheduled appointment start

    More than 2 hours  (120 mins) from the scheduled appointment start time

    More than 1 hours but less than 2 hour from the scheduled appointment start time

    Less than 1 hours (60 mins) from the scheduled appointment start time

    Cancellation

    Yes, full refund will be issued. 

    No cancellation possible but rescheduling is possible. You have 1 (one) free reschedule available to use per appointment

    No cancellation possible 

    Rescheduling 

    1 reschedule allowed for free up to 60 mins before the scheduled appointment start time

    1 reschedule allowed for free up to 60 mins before the scheduled appointment start time

    No rescheduling is possible

     

     

     

    For other appointments 

    Time from appointment start

    More than 2 hours  (120 mins) from the scheduled appointment start time

    Less than 2 hours (120 mins) from the scheduled appointment start time

    Cancellation

    Yes, full refund will be issued. 

    No cancellation possible but rescheduling is possible. You have 1 (one) free reschedule available to use per appointment

    Rescheduling 

    One reschedule allowed for free up to the scheduled start time of the appointment 

    Yes if you havent used your one free reschedule already, you can reschedule the appointment during this time 

     

    At-home lab tests & at-home vaccination services

    • Cancellations and Refund:

     

      1. All bookings are non-cancellable once paid for (i.e bookings cannot be cancelled once payment is made)
      2. All bookings are non-refundable except in cases of non-performance of services by Proactive For her/its chosen lab or vaccination partners.
      3. Home collection/vaccination slots are subject to availability. In any of non-availability of chosen date/slot, any lockdowns and/or restrictions imposed by the ongoing COVID-19 pandemic, adverse weather conditions or any other unforeseen circumstances, the sample collection slot/vaccination slot might change (in such cases, Proactive For Her will notify the customer). If the chosen slot is not available, Proactive is not liable to cancel the booking and refund the customer. Proactive For Her will offer alternate available slots, closest to the date/slot that was originally booked.
      4. In case the customer has a medical issue due to which they need to cancel their appointment once booked, Proactive will consider such cancellation requests on a case-by-case basis. Whether a refund will be provided will be determined by Proactive in its sole discretion. Proactive has the right to initiate a partial refund only in such cases, with 10% of the amount paid deductible as admin/cancellation fees
      5. If more than one item is purchased at the same time or if bundled services are purchased (e.g package of 3 doses of vaccine), and partial cancellation is requested, Proactive will consider such cancellation requests on a case-by-case basis. Whether a refund will be provided will be determined by Proactive in its sole discretion. Proactive has the right to initiate a partial refund only in such cases, with an additional 10% of the amount paid deductible as admin/cancellation fees. While considering the amount of partial refund, Proactive will consider pricing of utilised services as purchased at full price rather than the discounted price as part of the package pricing.
      6. Any refunds/partial refunds can take upto 10 business days to process

     

     

     

    • Rescheduling:

     

      1. Rescheduling of sample collection slot/vaccination appointment once confirmed by Proactive For Her might attract an additional rescheduling charge of upto 250 INR (Indian rupees).
      2. Requests to reschedule sample collection/vaccination appointment need to be conveyed to Proactive For Her atleast 2 hours prior to the chosen time slot.

     

     

    • No-show:
    • What is a No-Show?: A customer not physically present/available at the address provided for at-home services (lab tests or vaccination) during the slot chosen would be considered a no-show.
    • No-Show policy: No refunds will be processed in case of no-shows. Proactive For Her will try reschedule the appointment to another day/time slot of the customer’s choosing, subject to availability. To reschedule a no-show may attract an additional charge of upto 250 INR (Indian rupees). Proactive For Her is not liable to provide a(n) refund/free reschedule.

     

     

     

    • Bundled services - Programs, vouchers, packages, gameplans (availed at home or in Proactive clinics)

     

      1. Definition: these refer to any bundled services including not not limited to bundled teleconsultations, lab tests, vaccinations etc that are put together in the form of a bundled offering, program, package, voucher, or gameplan.
      2. Cancellations and Refund:
        1. All bookings are non-cancellable once paid for (i.e bookings cannot be cancelled once payment is made)
        2. All bookings are non-refundable except in cases of non-performance of services by Proactive For her/its chosen health coaches/experts.
        3. In case the customer has a medical or other issue due to which they need to cancel their booking either before they begin usage of their program/voucher/gameplan/package or after they have partially used their program/voucher/gameplan/package, Proactive will consider such cancellation requests on a case-by-case basis. Whether a refund will be provided will be determined by Proactive in its sole discretion.Proactive has the right to initiate a partial refund only in such cases, after deducting any fees for partial usage of the program/voucher/gameplan/package, on a pro-rata basis along with an additional 10% of the amount paid deductible as admin/cancellation fees. While considering the amount of partial refund, Proactive will consider pricing of utilised services as purchased at full price rather than the discounted price as part of the package pricing.
        4. Any refunds/partial refunds can take upto 10 business days to process
      3. Rescheduling: Rescheduling of services booked as part of a  program/voucher/gameplan/package is subject to availability of relevant experts who are part of the program or availability of appointment slots for any other services. In case Proactive is unable to reschedule based on the user’s request,  Proactive will not be liable and will not be able to provide a refund.
      4. Late joining or missed sessions: If a user is not able to attend specific sessions or services provided as part of the program/voucher/gameplan/package, Proactive will not be liable and will not be able to provide a(n) refund/free reschedule/extended session duration.

     

     

    • Services at Proactive Clinics
    • Consultations
    • Cancellations: Cancellations made 2 hours (120 mins) prior to the consultation time will receive 100% refund, after which no refunds will be provided for cancellations. Please note that refunds on account of cancellation can take upto 10 business days to process.
    • Reschedules: Reschedules: 

     

    1. For physiotherapy appointments: One (1) free reschedule is allowed until 1 hour (60 mins) before the scheduled appointment start time. Post usage of the one (1) free reschedule, any further changes to appointment time slot cannot be accommodated. Customers can choose to book a new appointment (at full price) if they cannot attend their appointment. 
    2. For other appointments: One (1) free reschedule is allowed. Post usage of the one (1) free reschedule, any further changes to appointment time slot cannot be accommodated. Customers can choose to book a new appointment (at full price) if they cannot attend their appointment.  

     

    • Refunds: Once the appointment at the clinic begins, all bookings are non-refundable except in cases of non-performance of services by Proactive For Her/its chosen lab partners. If an appointment is cancelled 2 hours in advance of the scheduled appointment start time, then a refund will be processed as per the policy. 
    • Free Consultation/Follow-ups: 1 Free follow-up can be booked within 15 days from the date of appointment depending on the type of appointment and specialisation booked. If cancellation of the follow-up is unavoidable patients are requested to cancel 2 hours prior to the consultation time. Post cancellation the patient will have to pay for a new appointment.

     

     

     

    • Lab tests, vaccinations and other services/packages/programs/screening services
    • Cancellations and Refund:

     

        1. All bookings are non-cancellable once paid for (i.e bookings cannot be cancelled once payment is made)
        2. All bookings are non-refundable except in cases of non-performance of services by Proactive For her/its chosen lab or vaccination partners.
        3. In case the customer has a medical issue due to which they need to cancel their appointment once booked, Proactive will consider such cancellation requests on a case-by-case basis. Whether a refund will be provided will be determined by Proactive in its sole discretion. Proactive has the right to initiate a partial refund only in such cases, with 10% of the amount paid deductible as admin/cancellation fees
        4. If more than one item is purchased at the same time or if bundled services are purchased (e.g package of 3 doses of vaccine), and partial cancellation is requested, Proactive will consider such cancellation requests on a case-by-case basis. Whether a refund will be provided will be determined by Proactive in its sole discretion. Proactive has the right to initiate a partial refund only in such cases, with an additional 10% of the amount paid deductible as admin/cancellation fees. While considering the amount of partial refund, Proactive will consider pricing of utilised services as purchased at full price rather than the discounted price as part of the package pricing.
        5. Any refunds/partial refunds can take upto 10 business days to process

     

     

     

    •  Customer No Show/Late-comer Policy for in-clinic services:
    • What is a Customer No-Show?: A customer failing to reach the clinic within 10 mins from the appointment start time is considered a No-Show.
    • No-Show User/Patient/Customer: No refunds will be processed in case of patient no-shows. In case there are delays from the patient’s end, Proactive For Her will not be liable and will not be able to provide a(n) refund/free reschedule/extended appointment duration at all.
    • Late User/Patient/Customer: A patient is allowed to reach late till 10 minutes from the appointment start time. If a patient reaches late, the appointment time will be reduced to the remainder of the slot booked. Proactive For Her will not be liable and will not be able to provide a(n) refund/free reschedule/extended appointment duration. If a patient reaches more than 10 minutes late for the appointment, this will be considered a no-show and any service to be provided will be subject to availability of slots. Any rescheduling once the appointment time has begun and the customer is marked as no-show will be subject to availability and at the sole discretion of Proactive.

     

     

    Summary of cancellation and rescheduling policy based on type of appointment taken at Proactive clinics

     

    Type of consult

    Cancellation

    Rescheduling 

    No-show

    Physiotherapy appointments 

    Allowed up to 2 hours (120 mins) prior to the scheduled appointment start time. Full refund will be processed if your appointment is cancelled before 2 hours of the scheduled start time. No refund will be processed if you cancel your appointment less than 2 hours prior to the start time.


    One reschedule is allowed for free, up to the one (1) hour before the scheduled start time of the appointment. No rescheduling is allowed once your scheduled appointment start time is 1 hour (60 mins) away or less. If you fail to reschedule before the scheduled appointment start time and dont attend the appointment you will be considered a no-show

    No refund

    Other appointments

    Allowed up to 2 hours (120 mins) prior to the scheduled appointment start time. Full refund will be processed if your appointment is cancelled before 2 hours of the start time. No refund will be processed if you cancel your appointment less than 2 hours prior to the start time.

    One reschedule is allowed for free, up to the scheduled time of the appointment. If you fail to reschedule before the scheduled appointment time and dont attend the appointment you will be considered a no-show

    No refund

     

     

     

     

     

    For Physiotherapy appointments 

    Time from the scheduled appointment start

    More than 2 hours  (120 mins) from the scheduled appointment start time

    More than 1 hours but less than 2 hour from the scheduled appointment start time

    Less than 1 hours (60 mins) from the scheduled appointment start time

    Cancellation

    Yes, full refund will be issued. 

    No cancellation possible but rescheduling is possible. You have 1 (one) free reschedule available to use per appointment

    No cancellation possible 

    Rescheduling 

    1 reschedule allowed for free up to 60 mins before the scheduled appointment start time

    1 reschedule allowed for free up to 60 mins before the scheduled appointment start time

    No rescheduling is possible

     

     

     

    For other appointments 

    Time from appointment start

    More than 2 hours  (120 mins) from the scheduled appointment start time

    Less than 2 hours (120 mins) from the scheduled appointment start time

    Cancellation

    Yes, full refund will be issued. 

    No cancellation possible but rescheduling is possible. You have 1 (one) free reschedule available to use per appointment

    Rescheduling 

    One reschedule allowed for free up to the scheduled start time of the appointment 

    Yes if you havent used your one free reschedule already, you can reschedule the appointment during this time 

     

     

     

     

    DISCLAIMER AND LIMITATION OF LIABILITY

    1. We assume no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access, viewing, or use of the Platform.
    2. To the maximum extent permitted by law, we will not be liable in any way for any loss or damage suffered by you through use of or access to this Platform, or our failure to provide this Platform. We take all reasonable care to ensure the availability of the Platform. However, the Platform may at times be unavailable due to maintenance or other technical issues, or for reasons beyond our control. We do not warrant uninterrupted access to the Platform. We have no obligation to notify you in the event of unavailability of the Platform.Our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide this website or any part of it, or for any problems with this Website, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to enabling the resupply of the affected Services or Rs 10,000.
    3. We may provide links to third-party websites, our payment service providers/partners, who may process your payment details. We are not responsible for the availability or proper functioning of such linked pages or sites, and we will not be held responsible for any loss or inconvenience encountered as a result of using such third-party links.
    4. We may provide some content, data, graphics, images, information, suggestions, guidance, including the blogs posted on the Platform or the Platform may host webinars from time to time which may be provided by subject-matter experts, healthcare instructors or medical professionals. Such information is provided on an as is basis and does not create a patient-doctor relationship between the Platform and the User and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular health condition. All such information provided on the Platform is merely for information purposes only. The Platform or the Company does not represent or warrant, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Platform. In no event shall the Company be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
    5. The Company is not involved in providing any healthcare or medical advice or diagnosis directly or indirectly to any User and hence is not responsible for any interactions between Users and the RMPs, healthcare instructors and diagnostic service providers providing such information. You understand and agree that the Company will not be liable for:
      1. your interactions and associated issues you may have with the RMP, diagnostic services providers, vaccination providers, screening service providers health instructors, wellness coaches (as the case may be)
      2. the ability or intent of the RMP, diagnostic services providers, vaccination providers, screening service providers health instructors, wellness coaches (as the case may be) or the deficiency in fulfilling their obligations towards Users;
      3. any medication or quality of treatment being given by the RMPs, diagnostic services providers, vaccination providers, screening service providers health instructors, wellness coaches (as the case may be), or any medical negligence on part of the RMPs,  diagnostic services providers, vaccination providers, screening service providers health instructors, wellness coaches (as the case may be)that may or may not cause any form of injury to you;
      4. inappropriate treatment, cancellation of appointments, unavailability of the RMP, diagnostic services providers, vaccination providers, screening service providers health instructors, wellness coaches (as the case may be) or similar difficulties or any type of inconvenience suffered by User due to a failure on the part of the RMPs, healthcare instructors and diagnostic service providers to provide any agreed services;
      5. any misconduct or inappropriate behavior by the RMPs,diagnostic services providers, vaccination providers, screening service providers health instructors, wellness coaches (as the case may be) or their staff.
      6. you understand and agree that your engagement with any RMPs, diagnostic services providers, vaccination providers, screening service providers health instructors, wellness coaches (as the case may be) does not in any manner create any medical professional or patient relationship between you and the Company, nor does it constitute an opinion, medical advice, or diagnosis or treatment of any particular condition; you understand that the prescriptions which are provided by the RMPs, are prescribed merely on an online consultation basis if you choose to do a teleconsultation with Proactive. Whether you do a teleconsultation or visit a Proactive clinic in person, the prescriptions provided by the RMPs are solely generated based upon the RMPs expertise and the information provided by the User. It is only the RMPs who is solely liable for or responsible towards the diagnosis conducted and the advice provided in the prescription pursuant to the same and the Company is in no way responsible for such prescription, diagnosis, or advice and hence disclaims all warranties in that regard; and 
      7. you acknowledge that the diagnostic services, vaccination services, screening services and any other health services  (as the case may be) provided at your home/provided address are provided by third party service providers and not by the Company. The Company is merely a facilitator which facilitates services between you and the service provider and if relevant creates a smart report as an attachment (which is not to be taken as or substituted for medical advice provided by the doctors, and only suggests recommendatory practices for better living), which is provided along with test results contained in the report provided by the diagnostic service provider.  The diagnostic services providers, vaccination providers, screening service providers/other health service providers are solely liable for or responsible towards the actual test and analysis undertaken and the underlying diagnosis provided in the lab/test/health report. The Company hereby disclaims and excludes all warranties with respect to all information and diagnosis contained in the lab report.

    Except otherwise expressly provided, any content or information is provided “as is” without warranty of any kind, either express or implied.

     

    1. Proactive collects, directly or indirectly, and displays on the Application, relevant information regarding the profile and practice of the RMPs and other health experts/instructors or wellness coaches listed on the website, such as their specialization, qualification, area of practice, experience, fees, location, visiting hours, and similar details. Although we take reasonable efforts to ensure that such information is accurate and updated at frequent intervals, we cannot be held liable for any inaccuracies or incompleteness represented on the Application pertaining to RMP or other expert/coach content.It is hereby expressly clarified that, the Information that you obtain or receive from Proactive, is for informational and User’s personal 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 pertaining to the RMPs or other coaches/experts  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. 

    SUSPENSION AND TERMINATION

    You hereby agree that we have the right to immediately suspend access to the website if we suspect any violation of the Terms or any applicable laws & regulations. The Company shall have the right to keep and use data related to the website.

     

     

    GOVERNING LAW

    These terms shall be governed by the laws of India and the exclusive jurisdiction of the courts of Bengaluru, without regards to any conflict of law provisions, and for resolution of any dispute arising out of your use of the Services.

     GRIEVANCES

    If a User has any questions concerning the Platform, this Agreement, the Services, or anything related to any of the foregoing, User can reach us at the following email address: connect@proactiveforher.com.

    In accordance with the Information Technology Act, 2000 of India, 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: Nazneen Fayaz

    E-mail Id: connect@proactiveforher.com

    Contact no.: +91-9882080808, +91-9002019002 (this number is also available to chat via WhatsApp)

    Address: No. 610, 12th main, HAL 2nd stage, Indiranagar, Bengaluru, Karnataka, 560038

     

    SEVERABILITY

     If any provision or provisions of these Terms, shall be held to be illegal, invalid, or, unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.

    CHANGES TO TERMS OF USE AND ASSIGNMENT

    We may from time to time change these Terms of Use. We will notify you at least 30 (thirty) days before such changes apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time, and you agree to cooperate with us in connection with such an assignment or transfer. We recommend that you periodically check this page for any revised terms. Your continued use of the Services will be deemed to constitute your acceptance of all such revised terms.