TERMS AND CONDITIONS
(For Patients and End-Users of PaxEM Health Platform)
These Terms and Conditions ("Terms") govern your access to and use of the mobile application "PaxEM Health," the associated website(s) and all related services (collectively, the "Platform"), provided by Future Path Health Private Limited ("PaxEM", "we", "us", "our"). Please read these Terms carefully before using the Platform.
By creating an account, tapping "I Agree" on any screen, or by accessing or using the Platform in any manner, user ("You" or "Your") agrees to be bound by these Terms. This constitutes a valid and binding agreement under Section 10A of the Information Technology Act, 2000. If you do not agree to these Terms, you shall not have any access to the Platform.
These Terms are to be read together with PaxEM's Privacy Policy, Cookie Policy (for users of the website version of the Platform), Cancellation & Refund Policy, and, where applicable to the feature you are using, PaxEM's Telemedicine Consent and Medical Disclaimer and Consent for Collection of Health Data (together, the "Platform Policies"). These Terms are framed in accordance with the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Digital Personal Data Protection Act, 2023, the Consumer Protection Act, 2019, and the Telemedicine Practice Guidelines, 2020.
1. DEFINITIONS
In these Terms, the following expressions have the meanings given below, unless the context otherwise requires:
1.1 "Applicable Law" means all statutes, rules, regulations, guidelines, notifications, and orders of any governmental or regulatory authority in India applicable to the subject matter of these Terms, including the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, the Consumer Protection Act, 2019, the Telemedicine Practice Guidelines, 2020, and the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, each as amended or replaced from time to time.
1.2 "Consultation" means an online (video, audio, or chat-based) or offline (in-person) medical Consultation booked by You with a Doctor through the Platform.
1.3 "Consultation Fee" means the fee independently set by the Doctor and payable by You for a Consultation, as displayed on the Platform before booking.
1.4 "Doctor" means a registered medical practitioner listed on the Platform through PaxEM Docs, who is independently contracted with PaxEM under a separate Doctor Onboarding Agreement and is not an employee or agent of PaxEM.
1.5 "Health Score" means the general wellness indicator calculated from health metrics provided by You.
1.6 "Medical Records" means prescriptions, appointment records, medical history, diagnostic reports, vaccination records, and other health-related documents stored in Your Health Wallet on the Platform.
1.7 "Platform" means the "PaxEM Health" mobile application and the website(s) together with all features and services made available thereon from time to time.
1.8 "Platform Policies" means the Privacy Policy, Cookie Policy, Cancellation & Refund Policy, Telemedicine Consent and Medical Disclaimer, and Consent for collection of Health Data, as published on the Platform from time to time.
1.9 "Prohibited Content" has the meaning given in Clause 5.
2. GENERAL
2.1. PaxEM is an entity that is duly registered under the Companies Act, 2013, carrying CIN U86909TS2026PTC214451, having its registered address at 1-89/24, Plot 6A, Durgam Cheruvu Road, RBI Colony, Phase 2, Kavuri Hills, Hitech City, Hyderabad – 500081, Telangana. PaxEM is an intermediary, as per the definition provided in Section 2(1)(w) of the Information Technology Act, 2000, and accordingly entitled to avail the benefits extended to intermediaries under Section 79 of the Act and IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
2.2. PaxEM reserves the right to update from time to time or modify this Agreement and every such modification shall be notified to You. Continued use of the Platform after modification conveys acceptance of the revised terms.
2.3. PaxEM shall provide certain services free of charge, while some shall be subject to subscription charges. Such charges, if any shall be communicated to You prior to availing such services.
2.4. PaxEM may deny access, suspend an account, or terminate access for any reason at its sole discretion if PaxEM determines You have breached or are likely to breach any law or this Agreement.
2.5. PaxEM is the owner and licensor of the software application known as "PaxEM Health" (patient version) and "PaxEM Docs" (doctors' version), all versions, editions, and add-ons included. The software-generated files, pictures, and any other data produced, along with all related documentation, are an integral part of PaxEM's intellectual property.
2.6. The Platform has been created exclusively for individual patients and users who want to obtain health services in an online/offline manner. The software is owned and licensed by PaxEM. The Platform allows patients to book consultations, get prescriptions, keep their medical records, and obtain other auxiliary services.
3. ELIGIBILITY AND ACCOUNT REGISTRATION
3.1. You hereby confirm that You are eligible in terms of the following:
3.1.1. That You are an adult (eighteen (18) years old or more).
3.1.2. That You are competent to enter into legal agreements and to use the Platform and receive services under the Indian Contracts Act, 1872.
3.1.3. That Your account has not been suspended or removed by PaxEM from availing their services.
3.2. PaxEM reserves the right to refuse service or suspend and terminate any Your accounts at its discretion if it believes that there was a violation of any law or this Agreement. Provided, such suspension or termination shall be preceded by a notice of 7 days to You and may also contain prior warning, unless immediate termination is required under regulatory direction/law in circumstances including but not limited to involving grave risk to patient safety, fraud, etc., where PaxEM shall act without any prior notice as mentioned under clause 26. PaxEM may temporarily suspend Your account during an impending/ongoing investigation.
4. USE OF PLATFORM
4.1. Accuracy of Information. You agree to give accurate and precise information while registering on the Platform and while using the Platform. All the information submitted to PaxEM while registering shall be accurate, true, and current.
4.2. Use of Platform in a Lawful Manner. You agree to use the Platform in compliance with this Agreement & other relevant Indian laws and regulations. The Platform will not be used for competing, benchmarking, or disruptive purposes.
4.3. Restrictions. You are prohibited from reproducing, distributing, displaying, selling, leasing, transmitting, creating derivative works from, translating, modifying, reverse engineering, decompiling, or otherwise exploiting the Platform or any part thereof except as specifically permitted in writing by PaxEM.
4.4. Account Responsibility. You will be fully responsible for all usage and access to the Platform from any person through the use of Your login information, whether such access is authorized or not. It will be Your responsibility to maintain the security of Your password and other identifying information.
4.5. Security Responsibilities. You will not perform any act which is in any way detrimental to or causes any damage to the Platform and its servers or networks. PaxEM shall pursue appropriate legal actions against You for any breach or any threat of breach of obligations hereunder.
4.6. Fraudulent Conduct. You must not impersonate any individual or organisation, nor falsely represent any information about Yourself, Your age, or Your affiliations. PaxEM reserves the right to suspend Your account and terminate You from its platform for any such fraudulent behaviour, as set out in Clause 26.
4.7. Prohibited Content. You shall not upload or send any content forbidden by applicable laws or listed as “Prohibited Content” as per Clause 5 of this Agreement.
4.8. Termination by You. You can stop using the services and ask for removal of Your data by contacting the PaxEM support team through email. Further, PaxEM shall seek some more information to act on such requests.
4.9. Credentials Confidentiality. You agree that You are fully responsible for keeping Your account credentials and password confidential. PaxEM is not liable in any way for any damage caused due to loss of confidentiality of login credentials, leading to leak of sensitive data.
4.10. “As Is”. The Platform and other services provided by PaxEM are available “as is”. PaxEM is entitled to change, add or remove any feature without any duty to customise services according to Your requests.
5. PROHIBITED CONTENT
5.1. Scope. You shall not post, store, upload, edit, distribute or in any manner publish via the PaxEM Health Platform any information or material that are included but are not limited to:
5.1.1. Belongs to another party and as regards to which You do not have any rights;
5.1.2. Is harmful, harassing, defamatory, obscene, pornographic, an invasion of another’s privacy, or in any manner unlawful;
5.1.3. Is abusive, racist, ethnically offensive, an attack on another individual, or incites discrimination;
5.1.4. Promotes money laundering, gambling, or any other unlawful financial transaction;
5.1.5. In any manner harms minors;
5.1.6. Infringes upon any patent, trademark, copyright or other proprietary right;
5.1.7. Is against any law in India at present;
5.1.8. Deceives or misleads the addressee about the origin of the information transmitted;
5.1.9. Contains any information that is grossly offensive or menacing in character;
5.1.10. Assumes the identity of another individual or entity;
5.1.11. Possesses software viruses, worms, trojans, or any other type of computer codes, files, or programs meant to hinder or disrupt the functioning of any computer system;
5.1.12. Endangers the unity, integrity, defence, security, or sovereignty of India, the friendly relations with other nations, or the public order;
5.1.13. Promotes any offense, obstructs an investigation into any offense, or insults any other nation;
5.1.14. Bypasses or subverts any form of digital rights management, usage restrictions, or other security systems associated with the Platform;
5.1.15. Reproduces any PaxEM content or other information available through the Platform in any manner.
5.2. PaxEM reserves the right to take down any such Prohibited Content and/or suspend/Terminate You access to the Platform and its service, taking into account the notice requirements outlined in Clause 30.
5.3. Preservation. PaxEM reserves the Right to preserve and such Prohibited Content as shall be required under the applicable law for legal purposes and shall disclose such content to law enforcement authorities as required.
5.4. You must not engage in any behaviour that constitutes an abuse or disruption of the Platform, including, but not limited to the following activities:
5.4.1. Crawling and/or indexing the Platform without written consent of PaxEM;
5.4.2. Automation of access using scripts, bots and other automated means;
5.4.3. Bot activity, API abuse, or any attempt to circumvent access controls;
5.4.4. Benchmarking, reverse engineering, or extraction of models;
5.4.5. Any action to cause overloading, disruption, and poor performance of servers.
5.4.6. Data scraping and/or data extraction from the Platform;
Under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, any aggrieved individual (not restricted to registered Users only) can submit a complaint for any Prohibited Content or grievances to PaxEM’s Grievance Officer (Clause 25).
All of the above actions would be considered misuse of the Platform and shall lead to an immediate suspension or termination of Your account under Clause 26, apart from legal consequences that shall accrue to PaxEM under Applicable Law.
6. APPOINTMENTS CONSULTATION AND TELEMEDICINE
6.1. For Non-Emergencies Only. Neither the Platform nor the services provided by it are designed to be used for any type of medical emergencies. In case of any kind of medical emergency, we strongly recommend that you contact your local emergency services immediately. Do not rely on the Platform in such an emergency.
6.2. Booking. Booking online (video, audio, or chat-based consultation) or offline (face-to-face Consultation) Consultations with Doctors is possible via the Platform. PaxEM only provides a service for booking, but the consultation itself is conducted by the Doctor independently. Prior to your first teleconsultation, you will have to separately acknowledge PaxEM's Telemedicine Consent and Medical Disclaimer, which regulate the rules of conducting teleconsultations.
6.3. Confirmation and Cancellation. Appointment will be confirmed and communicated to you via the Platform. You can cancel your Consultation for free at any time prior to its scheduling without penalties. However, PaxEM does not undertake any responsibilities regarding Doctor's cancellation after confirmation, although in such case you will have the right for rescheduling or refund as set forth in clause 8.
6.4. Call Facility. Along with the online booking, the Platform also provides a “Call Doctor” facility in accordance with the Telemedicine Guidelines, enabling you to connect with the Doctors/Clinic.
6.5. Purpose. The Call Facility shall be solely used for Telemedicine Consultation and PaxEM is not liable for any misuse of the Call Facility. Any Misuse of this facility shall attract suspension/Termination of Your account in accordance with Clause 26, along with any legal action as required by applicable law.
6.6. Availability. PaxEM makes no guarantee regarding the availability of the Doctor at any point of time. The availability of the appointment depends on the Doctor’s schedule and can be changed or cancelled without notice.
7. MEDICAL RECORDS AND HEALTH DATA
7.1. Storage. You can access your medical prescriptions, appointment details, medical history, test reports, and all other relevant health records (hereinafter “Medical Records”). The storage of Medical Records will take place only after obtaining consent from you, and the Medical Records will be stored securely by encrypting them in PaxEM’s Health Vault.
7.2. Consent. Consent to Collect Health Information, which addresses in more detail the collection, use, disclosure, and retention of your Medical Records and other health information, which you should also review in conjunction with this Section, shall be separately asked to read and accept at the 1st time use by you.
7.3. It is your responsibility to manage your Medical Records, and you are able to download, retrieve, or delete them whenever you want according to PaxEM's Consent for Collection of Health Data and Privacy Policy.
7.4. Notifications. The Platform shall send notifications to you, including but not limited to, reminders for upcoming appointments, medications, or follow-up Consultations. These reminders are purely facilitative in nature.
7.5. Record Accuracy. The Medical Record is supplied by a Doctor or Healthcare Service Provider via PaxEM Docs. PaxEM will not ensure the accuracy of the medical record, and will not be responsible for any mistakes, omissions, or errors that shall exist. The liability for the accuracy of the Medical Records is exclusively the liability of the Doctor/Provider.
7.6. Improper Disclosure of Record. In case Medical Records have been disclosed improperly or unintentionally, PaxEM may withdraw such records without notice whatsoever in order to protect your interests.
7.7. Access for Technical Reasons. In some instances, PaxEM will have access to Medical Records to conduct repairs, recovery, and other technical fixes of issues. This access shall only be by duly authorised personnel and shall be recorded for compliance purposes.
7.8. Disclaimer of Liability. PaxEM will not be liable in case of non-provision, delay in provision or inaccuracy of Medical Records regardless of reasonable efforts made. PaxEM will not be liable in case of inaccuracy of any contact information or other data provided by Doctors in Medical Records.
7.9. Termination. Any misuse of the Medical Records service, which includes any form of misuse such as unauthorised access, alteration, or fraud, could lead to the suspension or termination of Your account. Refer to Clause 26.
8. AI ASSISTED FEATURES
8.1 The Platform has AI-assisted capabilities for your benefit, including a chat assistant that can answer general questions related to your health.
8.2 These AI-assisted capabilities provide general information only and are not a diagnosis, medical advice, or any kind of substitution for Consultations with a qualified Doctor and cannot be used as such. Any AI-generated information is provided strictly for informational purposes only. In case a doctor makes use of AI-assisted decision support software in the course of your Consultation, the responsibility for making clinical decisions rests entirely on the Doctor, as specified in PaxEM's Telemedicine Consent and Medical Disclaimer.
8.3 Your use of AI-assisted capabilities and processing of your information for this purpose (also via third-party AI services utilised by PaxEM) are covered by PaxEM's Consent for Collection of Health Data.
8.4 Under circumstances where it is allowed by the Applicable Law, PaxEM reserves the right to use anonymous or de-identified data created via your utilization of the AI-assisted features in order to enhance and refine its AI models. This data will be processed in such a way that no information about your personal identity will be revealed and it will be processed in accordance with the terms of PaxEM’s Privacy Policy and Consent for Collection of Health Data.
9. HEALTH SCORE
9.1 The Platform shall provide you with a general wellness measurement indicator ("Health Score") that is derived using the health metrics that you have provided or opted to connect from a health application or a wearable device that you use.
9.2 The Health Score is a general wellness measurement indicator only, and it is neither a medical diagnosis nor a clinical evaluation of your fitness for any insurance product and should not be taken as such.
9.3 PaxEM does not make your Health Score or the data used in the derivation of your Health Score available to any insurer or insurance partner or any third party.
10. HEALTH WALLET
You will always have to ensure that You keep Your own backup of any Medical Record stored in Your Health Wallet. Although PaxEM offers safe storage and access facilities to You, it shall in no way be held accountable for any destruction, loss, or corruption of the Medical Records. You are recommended to keep Your own backup of any prescriptions, reports, and other health-related documents.
11. INSURANCE SERVICE
11.1. The Platform shall enable you to browse and compare different insurance products and be directed to the portal of PaxEM’s insurance partner for purchase or management of such insurance policies. As of the date of these Terms, the above-mentioned feature is provided in collaboration with OneAssure (owned by Prost Technologies Private Limited), an independently licensed insurance intermediary.
11.2. The involvement of PaxEM in such transaction is limited to enabling you access to such third-party service. The insurance product offered, together with the terms of the policy, its cost, its appropriateness for your needs and the process of claims handling is solely the responsibility of the relevant insurance company and/or PaxEM’s insurance partner.
11.3. In case any complaint or any dispute arises concerning an insurance policy purchased from this facility, such a complaint or dispute must be referred to the respective insurance company or PaxEM’s insurance partner according to their procedures. The Grievance Officer of PaxEM (clause 25) will help you with the process if you fail to contact the respective entity.
12. SUBSCRIPTION PLANS
12.1. PaxEM shall provide subscription options (such as PaxEM Plus) offering further benefits such as increased health record storage, AI assistant access, Health Score, and fitness monitoring, for a fee to be paid periodically, as detailed on the Platform at the time of purchase.
12.2. Details regarding subscription charges, billing period, and benefits will be clearly presented prior to your subscribing. Unless explicitly mentioned otherwise at the time of purchase, subscription renewals are automatic at the conclusion of each billing period, subject to cancellation by you.
12.3. Your subscription can be cancelled at any point via the Platform, with effect from the conclusion of the current billing period, and you will not be entitled to a refund for the remaining part of the billing period you have paid for, save where required under Applicable Law or separately set out in PaxEM's Cancellation & Refund Policy.
13. FEES, PAYMENTS, CANCELLATIONS, NO-SHOWS AND REFUNDS
13.1. Consultation Fees. The Consultation Fees payable to Doctors for each Consultation (“Consultation Fee”) shall be determined and set individually by such Doctors. The Consultation Fee will be clearly communicated to You before any booking takes place, and the confirmation of booking will mean acceptance of the applicable Consultation Fee. PaxEM will not make any change or interfere with the Consultation Fee set by the Doctor other than making statutory deductions and commission.
13.2. Payment Processing. All payments made by you in respect of Consultations shall be made through the payment gateway integrated into the Platform (currently, it is Razorpay). PaxEM collects the Consultation Fee on the Doctor's behalf through Razorpay's nodal account mechanism, and remits the balance to the Doctor after deducting its commission and applicable statutory deductions.
13.3. Taxes. You shall be responsible for payment of any applicable service tax, GST, or other statutory levies on the Consultation Fee.
13.4. Card, UPI, and bank account details entered at the time of payment are handled entirely within Razorpay's own PCI-DSS-compliant environment and are not stored on PaxEM's servers. Razorpay's own terms of service and privacy policy govern the handling of your payment credentials by Razorpay.
13.5. Refunds.
13.5.1. Cancellation by You. You shall cancel a booking of Consultation free of charge before its scheduled date. In this case, the Consultation Fee that was paid will be returned to You within 14 business days by means of the same method of payment.
13.5.2. Cancellation by Doctor. If the Doctor cancels a booked Consultation or does not come to it because of some reasons on his/her part, then You will have a right to choose between rescheduling the Consultation without any extra charges or receiving a full refund of the Consultation Fee.
13.5.3. Your No Show. If You miss a Consultation without prior cancellation, the Consultation Fee will not be refunded except if otherwise is stated in PaxEM’s Cancellation and Refund Policy.
13.5.4. Technical Issues. If the Consultation could not occur due to issues with PaxEM’s system, You will have a right to receive a full refund of the fee. The refund will be provided only by PaxEM and won’t be taken from the Doctor.
13.6. Payment Disputes. Any dispute related to payment, refund, or deduction should be communicated to PaxEM within 2 days of the transaction. If you do not raise the dispute within this time frame, the transaction will be deemed accepted. PaxEM will make efforts to resolve any disputes in good faith however, Nothing in this clause shall prevent your right to approach any Consumer Forum under the Consumer Protection Act,2019.
13.7. Termination. Misuse of the process for refund, such as claiming fraud or providing false bank details, can lead to either the suspension or termination. Refer to Clause 26.
14. REVIEWS AND RATINGS
14.1. Upon the completion of a Consultation, you shall be asked to provide a rating and written review for that Doctor pertaining to that particular Consultation. Only if You participated in a verified Consultation with a Doctor can You post a review for that Doctor.
14.2. Reviews must be truthful and factual based on your experience of the Consultation, and should not contain any Prohibited Content as mentioned in section 5. Reviews should be posted for the sole purpose of providing feedback on your Consultation experience.
14.3. PaxEM reserves the right to reject any review or not post it at all if it is reasonably determined to contain Prohibited Content, to be irrelevant to the Consultation, to be a false/fabricated review, or to have been posted from an account violating these Terms.
14.4. By posting a review, you grant PaxEM a non-exclusive, royalty-free and perpetual licence to display, publish and use the review on the Platform.
14.5. Health professionals have a mechanism through which they can indicate or raise objections to reviews that they consider false or defamatory. This will be considered by PaxEM in line with its Review Policy. You might be required to provide additional information regarding this objection.
14.6. PaxEM is under no obligation to post every Review.
15. LIMITATION OF LIABILITY
15.1. Facilitator Role. You acknowledge that PaxEM acts solely as a Healthcare Technology facilitator that connects the Patients with Medical Practitioners. PaxEM does not provide medical advice, treatment or diagnosis and cannot be considered as a Healthcare provider under any law.
15.2. No Warranties. PaxEM makes no warranties, express or implied, in regard to the Platform and its services and disclaims all implied warranties, including without limitation merchantability, fitness for a particular purpose, quality, accuracy, or non-infringement. No employee, agent, or representative of PaxEM is authorised to warrant anything on behalf of PaxEM.
15.3. Doctor’s Responsibility. Medical Consultations, prescriptions, and medical opinions are rendered directly by the selected Doctor. PaxEM is not responsible in any way for the quality, accuracy, or result of any service that you receive from the Doctors or other service providers. You will assess such medical Consultation and perform all follow-up actions personally.
15.4. No Liability. Under no circumstances will PaxEM or any affiliates be liable to You for:
15.4.1. Improper conduct, behaviour or discomfort as a result of Doctors and/or their staff;
15.4.2. Mistakes, inaccuracies or omissions in Medical Records provided by Doctors;
15.4.3. Ads or marketing messages posted on the Platform;
15.4.4. Any viruses that might affect Your computer as a consequence of using the Platform; or
15.4.5. Abandoned, incorrect, false or non-existent Doctor profiles posted on the Platform.
15.5. Indirect Damages. PaxEM is not responsible for any incidental, indirect, special, punitive, reliance, or consequential damages of any kind whatsoever resulting from:
a) the Terms and Conditions or Privacy Policy,
b) the use of the Platform, or
c) reliance by You on any third-party services, including Doctors.
d) Any incorrect Prescription given by the consulted Doctor.
15.6. Aggregate Cap. The Aggregate liability of PaxEM and its directors, officers, employees, agents, or service providers ("Protected Entities") from all liabilities for all damages, losses, and causes of action (whether contractual, negligent, tortious or otherwise) to more than INR 10,000/- (Indian Rupees Ten Thousand Only).
16. INDEMNITY
16.1. You agree to indemnify, defend, and hold harmless PaxEM, its affiliates, group companies, associates, subsidiaries, directors, officers, employees, consultants, licensors, agents, and representatives ("Indemnified Parties") from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney fees and litigation costs) resulting from or relating to:
a) Your use or misuse of the Platform and services;
b) Your breach of these Terms and Conditions or any applicable laws;
c) Your infringement of any intellectual property rights or other rights of any third party; and
d) Your conduct in relation to the Platform, including but not limited to fraud, impersonation, and abuse of the Platform's payment facilities.
16.2. Third-Party Claims. You shall indemnify PaxEM from all claims made by the Doctors, diagnostic centres, pharmacies, insurance companies, or any other third parties resulting from Your conduct, omission, or violation of this Agreement.
16.3. Governmental or Regulatory Proceedings. You shall indemnify PaxEM for all expenses, fines, or damages caused as a result of regulatory or legal proceedings resulting from Your violation of the law, misuse of the Platform, or submission of inaccurate information.
16.4. Notice and Defence. Upon being informed of any claim that is to be indemnified, PaxEM will immediately notify You. You will fully participate in defending against any such claim. PaxEM will have the option of assuming sole responsibility for defence and control of any matter otherwise covered by the indemnity.
16.5. Notice of Termination. Any abuse of the Platform that results in any indemnifiable claims against PaxEM could result in the suspension or termination under Clause 26 (Termination).
17. DATA PROTECTION AND POLICY
17.1. Data Collection. PaxEM's collection, use, storage, and sharing of your personal data, including any health data, is governed by PaxEM's Privacy Policy and Cookie Policy (for website users) and, where applicable to the feature you are using, PaxEM's Consent for Collection of Health Data, all of which form part of these Terms by reference and should be read carefully.
17.2. Purpose of Use. Collection, processing, and disclosure of Your Personal and Medical Information will be done strictly in line with the Consent for Collection of Health Data, which is separately presented to You at the moment of first use of the particular service. Your consent to the collection of your Personal and Medical Information for the purposes of and not limited to:
a) appointments booking and Consultations;
b) storage and retrieval of Medical Record;
c) payment processing and refund processing;
d) reminders, notifications and service updates;
e) improving the Platform usability and functionalities;
f) compliance with laws and regulations.
17.3. Legal Compliance. PaxEM shall collect, process, store and use Your personal data in accordance with the provisions contained in the Digital Personal Data Protection Act, 2023.
17.4. Sharing of Data. PaxEM will share Your data with:
a) Doctors and health care providers via PaxEM Docs for purposes of Consultations only;
b) Payment gateway companies for transactions;
c) Insurers, pharmacies, or laboratories on the condition that the user has chosen to use their services;
d) Regulatory bodies, law enforcement agencies, or Courts where disclosure is mandatory by law.
17.5. Service Providers. PaxEM shall use third-party service providers in connection with hosting, analytics, communication, or technical support services. These third parties will be bound by obligations of confidentiality and will process personal information solely at the direction of PaxEM.
17.6. Data Security. PaxEM will put in place reasonable security measures, including encryption and logging measures, to protect You from any unauthorised access, use, modification, or deletion.
17.7. Data Retention and Deletion. Your data will only be kept as long as it is reasonably necessary to achieve the purposes described in this Privacy Policy or in accordance with applicable laws. You can request to delete personal information by contacting PaxEM support services.
17.8. Your Rights. You shall have the right to:
a) Access Your personal data stored via the Platform;
b) Rectify any inaccuracies in such data;
c) Revoke Your consent to the Processing, provided that the services are discontinued;
d) Delete his/her data, provided that Clause 17.7 is satisfied.
17.9. Notice of Termination. Misuse of the Platform through any form of unauthorised access, interference, or any form of disclosure of information shall lead to suspension or termination of the Your account, as provided in Clause 26 (Termination).
18. DEVICE SECURITY
It is Your responsibility to secure Your device, system, antivirus application, and connection while using the Platform. PaxEM will not be held accountable for any form of loss or damage that results due to Your negligence in securing Your device. The device should be kept clear of any malware and should have proper security updates.
19. INTELLECTUAL PROPERTY
19.1. The Platform, along with the software, source code, databases, designs, documentation, and other related materials, is the exclusive property of PaxEM. All trademarks, logos, service marks, trade names, and brand names appearing in connection with the Platform, including but not limited to “PaxEM Health” and “PaxEM Docs,” are the exclusive property of PaxEM. Unauthorized use of any of these marks is strictly forbidden.
19.2. License to Use. Upon the fulfilment of the terms set out herein, PaxEM hereby provides You with a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for the sole purpose of personal healthcare use. No ownership rights will be conferred to You due to this license.
19.3. Restrictions. You are prohibited from:
a. reproducing, modifying, adapting, translating, or creating derivations of the Platform;
b. reverse-engineering, decompiling, or disassembling the software;
c. removing, concealing, or modifying any copyright notice, trademark, or proprietary rights notice;
d. exploiting the Platform commercially or redistributing it.
19.4. Third Party Content. The Platform shall include content, software or services which are licensed from third parties. All rights in such third-party content shall be owned by the relevant licensors. You will be bound by the additional conditions, if any, imposed by such licensors.
19.5. User Content. All the content uploaded by You, including medical data, feedback, suggestions, shall belong to the You. However, through uploading such content, You give PaxEM a worldwide, royalty-free, non-exclusive right to use, store and process such content for the provision of services only.
19.6. Breach. In case of any breach of intellectual property rights, Your account shall be suspended or terminated depending on the notice procedure provided in Clause 30 and Clause 26 (Termination). Also, PaxEM shall have the right to apply civil or criminal remedies available by law.
20. ADVERTISEMENTS AND PROMOTIONS
20.1. The Platform may, from time to time, display promotional content relating to PaxEM's own services (such as subscription plans) or the services of PaxEM's confirmed business partners (such as the insurance services described in Clause 11). Any such promotional content will be clearly distinguishable from the healthcare services provided through the Platform. PaxEM does not carry general third-party advertising on the Platform.
20.2. No Endorsement. PaxEM does not endorse, support, or make any warranties regarding the quality, accuracy, or reliability of any third-party advertisements and promotions posted on the Platform. Such posting is not an indication of any approval by PaxEM of the products/services offered in the advertisement/promotions.
20.3. Your Responsibility. It is clarified that use of any advertisement or promotions is solely at your discretion. You are encouraged to verify independently and take professional Consultation before using any third-party product or service.
20.4. Additional Terms of Promotion. Promotions offered by third parties as advertised on the Platform might come with their own set of terms. The responsibility is on you to check and comply with these terms. PaxEM is not liable for any dispute arising due to the third party's promotion offer.
20.5. Prohibited Promotions. You are prohibited from uploading, transmitting, and distributing any unauthorised advertising, spamming, chain letters, pyramid schemes, and solicitation via the Platform. Such actions shall lead to suspension or termination as elaborated in Clause 26.
21. DISCLAIMER OF WARRANTIES
21.1. “As-is Basis”. By using the Platform, You confirm and acknowledge that the Platform and services are available on an “as-is” (Clause 4). No representations or warranties of any sort are provided by PaxEM with regard to the Platform and its features.
21.2. No Medical Guarantee. PaxEM makes no warranty as to Consultations, prescriptions, or medical opinions received through the Platform will satisfy Your needs, achieve the desired result or will not contain errors. Responsibility for medical advice lies completely with the Doctor.
21.3. No Technical Guarantee. PaxEM makes no warranty as to:
a) Availability, continuity, security, and accuracy of the Platform;
b) Correction of the errors in the Platform;
c) Lack of viruses and other harmful content in the Platform and its servers;
d) Reliability of results received due to use of the Platform.
21.4. Third-Party Services. PaxEM does not provide any warranty with respect to third-party services, which shall include diagnostic labs, pharmacies, insurance companies, or advertisers. The use of third-party services by the You is at your own risk.
21.5. Your Responsibility. Your shall be solely responsible for checking the completeness and usefulness of any information received via the Platform. PaxEM will not be responsible for the use of any such information.
21.6. Statutory Exceptions. The provisions of this Clause shall not be construed as excluding or limiting any warranties that are not capable of exclusion or limitation under law, including consumer rights under Indian law.
22. INTERNATIONAL USERS
22.1. The Platform can be used by Users based outside India. PaxEM currently runs the Platform in compliance with the law of India, and does not guarantee that the Platform conforms with the laws of other jurisdictions.
22.2. If you use the Platform from outside India, it is your responsibility to make sure that your usage of the Platform is in compliance with the laws of your jurisdiction.
22.3. PaxEM does not currently offer cross-border teleconsultations as a separate category of services, and any Consultation of this kind is at the discretion of the Doctor in respect of his licensing conditions.
23. FORCE MAJEURE
23.1. Definition. For the purpose of this Agreement, "Force Majeure Event" shall include:
a) any event or circumstances which are beyond the reasonable control of PaxEM, including but not limited to:
b) acts of God, natural calamities, floods, earthquakes or epidemics,
c) war, terrorism, civil commotion, riots or armed conflict,
d) strike, lock-out or any other industrial dispute,
e) acts of Government, regulations, change of laws,
f) fire, explosion or accident,
g) failure of telecommunication, internet or electricity supply,
h) pandemic or any other health emergency as declared by relevant authorities.
i) Outages that are not under the control of PaxEM including but not limited to cloud outage, AWS outage, Cyber-attacks, ransomware, DNS failures
23.2. Waiver of Liabilities. In case of any force majeure event, the liabilities of PaxEM in relation to this Agreement will be waived until the duration of such event. PaxEM will not be responsible for any delays, disruptions, and failures in performance due to such circumstances.
23.3. Notice. PaxEM will use reasonable efforts to notify You regarding the occurrence of a force majeure event and its likely duration.
23.4. Resumption of Services. PaxEM will recommence fulfilment of its obligations at the earliest possible opportunity after the end of the Force Majeure Event.
23.5. Right to Terminate the Agreement. In the event that a Force Majeure Event persists for a time period in excess of 10 days, PaxEM has the right to terminate this Agreement without any liability whatsoever, provided that the conditions stated Clause 26 are adhered to.
24. AUDIT LOG AND SYSTEM RECORDS
System logs, log-in records, hardware data, audit logs, and transaction logs created by the use of the Platform could be held by PaxEM. This will be done for the sake of security, fraud prevention, dispute resolution, and regulatory compliance. PaxEM can keep such logs for the duration that is required by Applicable Law, and the same could be disclosed by PaxEM to law enforcement agencies, regulatory authorities, or court of law when it is required. The logs could be used as evidence in litigation or any regulatory proceedings as well.
25. GRIEVANCE REDRESSAL MECHANISM
25.1. Appointment. As per the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the Consumer Protection Act, 2019, there shall be a Grievance Officer appointed by PaxEM, bearing email id: Gopinathsurey@gmail.com.
25.2. Scope. The Grievance Officer can be approached with regards to any complaint including but not limited to:
a) use or abuse of the Platform by anyone, including other users, Doctors, or third-party entities;
b) breach of the Terms or any Policy associated with the Platform;
c) disputes that have not been resolved about Consultations, payments, refunds or Medical Records;
d) posting of any content on the Platform, including reviews, which You feel breaches Clause 5 (Prohibited Content) or is in any way unlawful;
e) any privacy or data protection matter involving Your Personal Data and/or Medical Records.
25.3. Complaint Mode. The complaint may be lodged with the Grievance Officer through an e-mail or through the post at the registered address of PaxEM as provided in Clause 30 (Notices and Communication) or through the facility provided for grievances on the Platform.
25.4. Acknowledgement and Resolutions. Upon receiving the Grievance, the Officer shall:
a) Acknowledge receipt of your complaint within 7 working days; and
b) Resolve your complaint or provide you with a substantial response indicating what action is being taken and when resolution can be expected within 14 working days;
25.5. Third Party Grievances. In case the grievance is concerned with any service being rendered by a third party (including Doctors, hospitals/clinics, the payment gateway, or the insurance partner of PaxEM), the Grievance Officer shall endeavour to help you escalate your concern to the concerned third party but the resolution of the grievance is a responsibility of that particular third party, as per the respective sections of these Terms.
25.6. Maintenance of Records. PaxEM shall maintain a record of the Grievances raised by You in accordance with the Applicable Law.
26. TERMINATION
26.1. Termination by You. This Agreement shall be terminated by You at any time upon discontinuance of use of the Platform and request for removal of his account and data by contacting PaxEM support.
26.2. Termination by PaxEM. PaxEM reserves the right to terminate or suspend Your account and access to the Platform in case of and not limited to:
a) Violation of this Agreement;
b) Misuse of the services, including fraudulent activity, harassment of the Doctors or data misappropriation;
c) Breach of any applicable laws and regulations;
d) Non-payment of fees or misuse of the payment/refund procedure;
e) Intellectual Property Rights infringement;
f) Upload of Prohibited Content as provided in Clause 5;
g) Misuse of Medical Records/Call Facility;
h) Any other conduct leading to liability for PaxEM.
26.3. Notice. In all cases except that of serious misconduct, illegal conduct, or regulatory requirements, PaxEM will give the You notice of at least 10 days in writing before termination.
26.4. Immediate Termination. There shall be immediate termination in circumstances including but limited to:
a. There are fraud, impersonation or criminal activities;
b. Security and integrity of India are threatened;
c. There is a regulatory or court order for immediate suspension;
d. The Force Majeure Event continues for more than 10 days
as per Clause 23.
26.5. Effect of Termination. In the event of termination:
a. Your right to use the Platform will automatically terminate;
b. PaxEM is entitled to terminate Your account and all Your Data, where permitted under relevant law;
c. All Your pending payments shall survive termination until payment.
26.6. No Waiver. Termination of this Agreement does not operate as a waiver of any of PaxEM’s rights or remedies.
26.7. Survival Clause. The clauses relating to Limitation of Liability (Clause 15), Indemnity (Clause 16), Data Protection and Policy (Clause 17), Intellectual Property Rights (Clause 19), Advertisements and Promotions (Clause 20), Disclaimer of Warranties (Clause 21), Force Majeure (Clause 23), Governing law and Jurisdiction (Clause 27) and Miscellaneous Provisions (Clause 31) shall remain in full force and effect upon termination of this Agreement irrespective of the fact that the use of the Platform or Your account is terminated.
27. GOVERNING LAW AND JURISDICTION
27.1. This Agreement shall be governed by and construed in accordance with the laws of India.
27.2. Subject to Clause 17.3 & 17.4, the Courts in Hyderabad, Telangana, India, shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Platform.
27.3. Nothing in this Section shall preclude either party from seeking urgent interim relief before any court of competent jurisdiction.
27.4. Consumer Rights Preserved. Notwithstanding Clause 27.2, nothing in these Terms shall restrict your statutory right, as a consumer, to file a complaint before a consumer forum or commission having jurisdiction over your place of residence or the place where the cause of action arose, in accordance with the Consumer Protection Act, 2019.
27.5. Escalation. In case of dissatisfaction, You can approach the National Consumer Helpline (NCH) or any consumer forum under the Consumer Protection Act, 2019.
28. ORDER OF PRECEDENCE
In the case of any conflict or inconsistencies between these Terms and the Platform Policy (including, without limitation, the Privacy Policy, Telemedicine Consent, Medical Disclaimer and Consent for Collection of Health Data), the following order of precedence shall apply:
a. Consent for Collection of Health Data shall apply in relation to the collection, processing and disclosure of health data and sensitive personal information;
b. Telemedicine Consent and Medical Disclaimer shall apply in relation to teleconsultations and the obligations of the Doctors and Patients during such teleconsultations;
c. Cancellation & Refund Policy shall apply in relation to the refunds, cancellation or rescheduling of the Consultations;
d. In all other cases, these Terms shall apply.
e. Nothing in this section shall limit your statutory rights under the Applicable Laws including the Consumer Protection Act, 2019.
29. AGREEMENT AND WAIVER
29.1. Entire Agreement. This Agreement, including the Privacy Policy and other policies set forth by PaxEM on the Platform, makes up the whole agreement between the You and PaxEM regarding the subject matter covered herein. It overrides all previous or concurrent communications, representations, understandings, or agreements, whether oral or written, concerning the Platform and services.
29.2. No Reliance. You agree that You have not relied on any representations, warranties or statements other than those contained in this Agreement and the Privacy Policy.
29.3. Waiver. Any waiver by PaxEM of any breach or default by You will not be construed as a waiver of any prior or subsequent breach or default. Any such waiver must be in writing and signed by an authorized representative of PaxEM.
29.4. No Assignment. You shall not assign, transfer, or delegate any of Your rights or obligations hereunder without the prior written consent of PaxEM. Any purported assignment that violates this Clause shall be invalid and of no effect.
29.5. Survival Clause. The terms of this Clause shall survive termination of this Agreement and remain binding on You even in the event of discontinuance of use of the Platform and/or closure of the Your account.
30. NOTICES AND COMMUNICATION
30.1. Mode of Communication. All communications and notices under this agreement will be sent in writing using one or more of the following methods of communication:
a) Electronic mail (e-mail) to the You
b) In-Platform notifications or pop-ups.
c) SMS/push notifications to the Your registered mobile number.
d) Physical delivery to the registered office of PaxEM
30.2. Registered Office. All physical notices to PaxEM will be sent to:
a) Future Path Health Private Limited
b) Registered Office: 1-89/24, Plot 6A, Durgam Cheruvu Road, RBI Colony, Phase 2, Kavuri Hills, Hitech City, Hyderabad – 500081, Telangana
c) E-Mail: harin@paxem.health
30.3. Deemed Receipt. Notices will be treated as having been received when:
a. Once successfully transmitted to the recipient’s server when sent by email;
b. Once delivery is confirmed when sent by SMS or push notification;
c. Once receipt has been acknowledged at the registered office when delivered physically; and
d. When made available on the Platform – once accessed by You.
30.4. Change in Contact Information. You must notify PaxEM about any changes made to their email address, phone number, or communication preferences. PaxEM will not be responsible for the failure of notice delivery if the information provided by You is out-of-date or incorrect.
30.5. Calculation of Notice Period. For the purposes of Clause 26 (Termination), the notice period will start from the deemed receipt date in Clause 30.3.
31. MISCELLANEOUS PROVISIONS
31.1. Headings. Headings and sub-headings included in this Agreement are included for ease of understanding purposes only and shall not affect the interpretation of the provisions herein.
31.2. Interpretation. References to the singular include the plural, and vice versa, and references to "including" mean " including without limitation."
31.3. Relationship of the Parties. No provision of this Agreement shall be interpreted as constituting a partnership, joint venture, agency, or employment relationship between PaxEM and You. You agree that PaxEM acts only as an intermediary.
31.4. No Third-Party Beneficiaries. Unless otherwise provided, there are no third-party beneficiaries of this Agreement.
31.5. Amendment. PaxEM is entitled to amend, modify or update the present Terms and Conditions on its sole discretion. Such amendment will be communicated to You in accordance with Clause 30 (Notices and Communication). Usage of the Platform after such an amendment constitutes Your acceptance of the amendments.
31.6. Assignment. PaxEM is entitled to assign or transfer its rights and obligations arising out of this Agreement to any affiliate, successor or acquirer without having to obtain Your prior consent.
31.7. Cumulative Remedies. Rights and remedies conferred by the present Agreement are cumulative and not exhaustive of any other rights and remedies available in law.
31.8. No Waiver. Any failure or delay by PaxEM in enforcing any provision of the Terms shall not constitute a waiver of such provision. Any waiver of a provision will be valid only if it is made in writing and will apply solely to that particular instance.