Pawesome, on behalf of itself and its affiliates/group companies under the brand "Pawesome" (“Pawesome”), is the author and publisher of the internet resource www.pawesome.co.in and the mobile application ‘Pawesome’ (together, “Website”). Pawesome owns and operates the services provided through the Mobile app/Website.

      1. NATURE AND APPLICABILITY OF TERMS

      Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.pawesome.co.in/privacy.html (“Privacy Policy”) before you decide to access the Mobile app/Website or avail the services made available on the Mobile app/Website by Pawesome. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Pawesome in connection with your visit to the Mobile app/Website and your use of the Services (as defined below).

      The Agreement applies to you whether you are -

      • A medical practitioner or health care provider (whether an individual professional or an organisation) or similar institution wishing to be listed, or already listed, on the Mobile app/Website, including designated, authorised associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or

      • A patient, his/her representatives or affiliates, searching for Practitioners through the Mobile app/Website (“End-User”, “you” or “User”); or

      • Otherwise a user of the Mobile app/Website (“you” or “User”).

      • This Agreement applies to those services made available by Pawesome on the Mobile app/Website, which are offered free of charge to the Users (“Services”), including the following:

      • For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors through the Mobile app;

      • For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Pawesome, and (iii) to make appointments with Practitioners.

      • The Services may change from time to time, at the sole discretion of Pawesome, and the Agreement will apply to your visit to and your use of the Mobile app to avail the Service, as well as to all information provided by you on the Mobile app at any given point in time. This Agreement defines the terms and conditions under which you are allowed to use the Mobile app/Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at info@pawesome.co.in. By downloading or accessing the Mobile app to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Mobile app/Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Mobile app to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Mobile app following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

        You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Mobile app or avail any Services. Your access to use of the Mobile app and the Services will be solely at the discretion of Pawesome. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

the Indian Contract Act, 1872,

the (Indian) Information Technology Act, 2000, and

the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practises and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

2. CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Mobile app/Website in any manner. By registering, visiting and using the Mobile app or accepting this Agreement, you represent and warrant to Pawesome that you are 18 years of age or older, and that you have the right, authority and capacity to use the Mobile app and the Services available through the Mobile app, and agree to and abide by this Agreement.

3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

The terms in this Clause 3 are applicable only to Users other than Practitioners.

3.1 END-USER ACCOUNT AND DATA PRIVACY

  • 3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
  • 3.1.2 Pawesome may by its Services, collect information relating to the devices through which you access the Mobile app/Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Pawesome’s services and to build new services.
  • 3.1.3 Mobile app/Website allows Pawesome to have access to registered Users’ personal email or phone number, for communication purposes so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
  • 3.1.4 The Privacy Policy sets out, inter-alia:
  • The type of information collected from Users, including sensitive personal data or information;
  • The purpose, means and modes of usage of such information;
  • How and to whom Pawesome will disclose such information; and,
  • Other information mandated by the SPI Rules.
  • 3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
  • the fact that certain information is being collected;
  • the purpose for which the information is being collected;
  • the intended recipients of the information;
  • the nature of collection and retention of the information; and
  • the name and address of the agency that is collecting the information and the agency that will retain the information; and
  • the various rights available to such Users in respect of such information.
  • 3.1.6 Pawesome shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Pawesome or to any other person acting on behalf of Pawesome.
  • 3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Mobile app/website. The User shall be responsible for all usage of the User’s account and password, whether or not authorised by the User. The User shall immediately notify Pawesome of any actual or suspected unauthorised use of the User’s account or password. Although Pawesome will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of Pawesome or such other parties as the case may be, due to any unauthorised use of your account.
  • 3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Pawesome has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pawesome has the right to discontinue the Services to the User at its sole discretion.
  • 3.1.9 Pawesome may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
  • 3.1.10 Against every Practitioner listed in Pawesome.com, you may see a ‘show number’ option. When you choose this option, you choose to call the number through your mobile service.
  • 3.2 RELEVANCE ALGORITHM
  • Pawesome’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Mobile app/Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Pawesome. Pawesome will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Pawesome in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Mobile app/Website.
    • 3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
  • 3.3.1 Pawesome collects, directly or indirectly, and displays on the Mobile app/Website, relevant information regarding the profile and practice of the Practitioners listed on the Mobile app/Website, such as their specialisation, qualification, fees, location, visiting hours, and similar details. Pawesome takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Pawesome screens and validates information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
  • 3.3.2 The Services provided by Pawesome or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Pawesome does not provide or make any representation, warranty or guarantee, express or implied about the Mobile app/Website or the Services. Pawesome does not guarantee the accuracy or completeness of any content or information provided by Users on the Mobile app/Website. To the fullest extent permitted by law, Pawesome disclaims all liability arising out of the User’s use or reliance upon the Mobile app/Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Mobile app/website or any opinion or suggestion given or expressed by Pawesome or any User in relation to any User or services provided by such User.
  • 3.3.3 The Mobile app may be linked to the Mobile app of third parties, affiliates and business partners. Pawesome has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such Mobile app/websites or made available by/through our Mobile app. Inclusion of any link on the Mobile app does not imply that Pawesome endorses the linked site. Users may use the links and these services at User’s own risk.
  • 3.3.4 Pawesome assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Mobile app/Website or the downloading of any material, data, text, images, video content, or audio content from the Mobile app. If a User is dissatisfied with the Mobile app, User’s sole remedy is to discontinue using the Mobile app.
  • 3.3.5 If Pawesome determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Pawesome reserves the right to immediately suspend your access to the Mobile app or any of your accounts with Pawesome and makes such declaration on the Mobile app alongside your name/your clinic’s name as determined by Pawesome for the protection of its business and in the interests of Users. You shall be liable to indemnify Pawesome for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Pawesome or its Users.
  • 3.3.6 The information published under the head is derived from a benchmarking group that is determined to be relevant by Pawesome in the relevant city. Pawesome has published this information for guidance purposes and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. Pawesome is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.
    • BOOK APPOINTMENT
  • Pawesome enables Users to connect with Practitioners through: a) Book facility that allows Users book an appointment through the Mobile app; b) Value added mobile services which connect Users directly to the Practitioner’s number provided on the Mobile app.
  • 3.4.1 Pawesome will ensure Users are provided confirmed appointments on the Book facility. However, Pawesome has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. Provided, it does not fall under the heads listed under the Pawesome Guarantee Program, in which case the terms of this program shall apply.
  • 3.4.2 The results of any search Users perform on the Mobile app/Website for Practitioners should not be construed as an endorsement by Pawesome of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
  • 3.4.3 Without prejudice to the generality of the above, Pawesome is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Pawesome will not be liable for:
  • User interactions and associated issues User has with the Practitioner;
  • the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
  • any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
  • inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
  • any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
  • cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under, Pawesome Guarantee Program.
  • 3.4.4 Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that the same is provided in accordance with applicable law. User however understands that, Pawesome shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Mobile app/Website.
  • 3.4.5 In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the concerned Practitioner’s clinic:
  • User’s accounts will be temporarily disabled from booking further online appointments on Pawesome.com for next four (4) months, in case of, three(3) Valid PNS, as per the Patient-No-Show Policy. However, the User can continue to call the clinic via Pawesome.com to get an appointment.
    • 3.4.6 Cancellation and Refund Policy
  • In the event that, the Practitioner with whom User has booked a paid appointment via the Mobile Mobile app, has not been able to meet the User, User will need to write to us at info@pawesome.co.in within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Mobile app/Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.
  • Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.
    • 3.5 NO VETERINARIAN-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
  • 3.5.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Mobile app/Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Pawesome and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
  • 3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from Pawesome, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Mobile app/Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Mobile app/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.
  • 3.5.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital directly.
    • 3.6 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
  • 3.6.1 The contents listed on the Mobile app are (i) User generated content, or (ii) belong to Pawesome. The information that is collected by Pawesome directly or indirectly from the End- Users and the Practitioners shall belong to Pawesome. Copying of the copyrighted content published by Pawesome on the Mobile app for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Pawesome reserves its rights under applicable law accordingly.
  • 3.6.2 Pawesome authorises the User to view and access the content available on or from the Mobile app solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Mobile app, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Mobile app(collectively, "Pawesome Content''), are the property of Pawesome and are protected under copyright, trademark and other laws. Users shall not modify the Pawesome Content or reproduce, display, publicly perform, distribute, or otherwise use the Pawesome Content in any way for any public or commercial purpose or for personal gain.
  • 3.6.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
    • 3.7 REVIEWS AND FEEDBACK
  • By using this Mobile app, you agree that any information shared by you with Pawesome or with any Practitioner will be subject to our Privacy Policy.
  • You are solely responsible for the content that you choose to submit for publication on the Mobile app, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Pawesome in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Pawesome disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Pawesome shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
  • Your publication of reviews and feedback on the Mobile app/Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Mobile app that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Pawesome, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Pawesome may contact you through telephone, whatsapp, email, SMS, or any other electronic means of communication for the purpose of:
  • Obtaining feedback in relation to Mobile app or Pawesome’s services; and/or
  • Obtaining feedback in relation to any Practitioners listed on the Mobile app; and/or
  • Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;
  • and you agree to provide your fullest cooperation further to such communication by Pawesome. Pawesome’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
    • 3.8 RECORDS
  • Pawesome may provide End-Users with a facility known as ‘Records’ on its mobile application ‘Pawesome’. Information available in your Records is of two types:
  • User-created: Information uploaded by you or information generated during your interaction with Pawesome ecosystem, eg: appointment, medicine order placed by you.
  • Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘Pawesome’ or other Services of Pawesome software.
  • The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:
  • 3.8.1 Your Records are only created after you have signed up and explicitly accepted these Terms.
  • 3.8.2 Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Pawesome does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
  • 3.8.3 The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Pawesome is not liable for any interruption that may be caused to your access to the Services.
  • 3.8.4 The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by Pawesome, you should refer to your prescription before taking any medicines. Pawesome is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Pawesome Mobile app.
  • 3.8.5 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Pawesome is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Pawesome.
  • 3.8.6 Pawesome uses industry–level security and encryption to your Health Records. However, Pawesome does not guarantee to prevent unauthorised access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorised use or access, you shall immediately inform Pawesome of such unauthorised use or access. Please safeguard your login credentials and report any actual suspected breach of account to info@pawesome.co.in.
  • 3.8.7 If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have the right to share, upload and publish any sensitive personal information of your dependent. Pawesome assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Pawesome and its officers against any such claim or liability arising out of unauthorised use of such information.
  • 3.8.8 In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
  • 3.8.9 You may lose your “User created” record, if the data is not synced with the server.
  • 3.8.10 If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
  • 3.8.11 Pawesome is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
  • 3.8.12 The Health Records are shared with the phone numbers that are provided by your Practitioner. Pawesome is not responsible for adding the Health Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
  • 3.8.13 Pawesome is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
  • 3.8.14 Pawesome has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
  • 3.8.15 Pawesome will follow the law of land in case any constitutional court or jurisdiction mandates to share the Health Records for any reason.
  • 3.8.16 You agree and acknowledge that Pawesome may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
  • 3.8.17 You acknowledge that the Practitioners you are visiting may engage Pawesome's software or third party software for the purposes of the functioning of the Practitioner’s business and Pawesome's services including but not limited to the usage and for storage of Records (as defined in Section 3.8) in India and outside India, in accordance with the applicable laws.
  • 3.8.18 To the extent that your Records have been shared with Pawesome or stored on any of the Pawesome products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Pawesome pertaining to such previously visited clinics and hospitals who have tie ups with Pawesome for the purposes of their business and for Pawesome's services including but not limited to the usage and for storage of Records (as defined in Section 3.8) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Pawesome, to the mapping of such Records as may be available in Pawesome’s database to your User account.
    • 4. TERMS OF USE PRACTITIONERS
  • The terms in this Clause 4 are applicable only to Practitioners.
    • 4.1 LISTING POLICY
  • 4.1.1 Pawesome, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Pawesome reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Mobile app/Website in connection with you and your profile is found to be incorrect, you are required to inform Pawesome immediately to enable Pawesome to make the necessary amendments.
  • 4.1.2 Pawesome shall not be liable and responsible for the ranking of the Practitioners on external Mobile app/websites and search engines
  • 4.1.3 Pawesome shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Pawesome, where the User has expressly or implicitly consented to the making of disclosures or publications by Pawesome. If the User had revoked such consent under the terms of the Privacy Policy, then Pawesome shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Pawesome prior to its actual receipt of such revocation.
  • 4.1.4 Pawesome reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Mobile app/Website. However, Pawesome shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Mobile app/Website.
  • 4.1.5 Practitioners explicitly agree that Pawesome reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
  • 4.1.6 When you are listed on Pawesome.co.in
  • 4.1.7 You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Pawesome accepts no liability for the same.
    • 4.2 PROFILE OWNERSHIP AND EDITING RIGHTS
  • Pawesome ensures easy access to the Practitioners by providing a tool to update your profile information. Pawesome reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Pawesome takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Pawesome’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Pawesome may modify or delete parts of your profile information at its sole discretion with or without notice to you.
    • 4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF PAWESOME
  • 4.3.1 All Critical Content is content created by the Users of www.pawesome.co.in (“Mobile app/Website”) and the clients of Pawesome customers and Practitioners, including the End-Users. As a platform, Pawesome does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of Pawesome and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.7 and 5 of these Terms. Pawesome’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
  • 4.3.2 Pawesome reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Mobile app/Website.
  • 4.3.3 Pawesome shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
  • 4.3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Pawesome shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Pawesome however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.7 and 5 of these Terms.
  • 4.3.5 Pawesome will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Mobile app/Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Mobile app/Website.
  • 4.3.6 If Pawesome determines that you have provided inaccurate information or enabled fraudulent feedback, Pawesome reserves the right to immediately suspend any of your accounts with Pawesome and makes such declaration on the Mobile app/Website alongside your name/your clinics name as determined by Pawesome for the protection of its business and in the interests of Users.
    • 4.4 RELEVANCE ALGORITHM
  • Pawesome has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. Pawesome shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.
    • 4.5 INDEPENDENT SERVICES
  • Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Pawesome.
    • 4.6 BOOK APPOINTMENT AND CALL FACILITY
  • 4.6.1 As a valuable partner on our platform we want to ensure that the Practitioners experience on the Pawesome booking platform is beneficial to both Practitioners and their Users.
  • 4.6.2 Practitioner understands that, Pawesome shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Pawesome.
    • 4.7 PRACTITIONER UNDERTAKING
  • The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practising medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
    • 4.8 USAGE IN PROMOTIONAL & MARKETING MATERIALS
  • In recognition of the various offerings and services provided by Pawesome to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow Pawesome to include a brief description of the services provided to Practitioner in Pawesome’s marketing, promotional and advertising materials; (b) allow Pawesome to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to Pawesome’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.
    • 5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
  • 5.1 As mandated by Regulation 3(2) of the IG Rules, Pawesome hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
  • belongs to another person and to which the User does not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
    • 5.2 Users are also prohibited from:
  • violating or attempting to violate the integrity or security of the Mobile app/Website or any Pawesome Content;
  • transmitting any information (including job posts, messages and hyperlinks) on or through the Mobile app that is disruptive or competitive to the provision of Services by Pawesome;
  • intentionally submitting on the Mobile app any incomplete, false or inaccurate information;
  • making any unsolicited communications to other Users;
  • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Mobile app;
  • attempting to decipher, decompile, disassemble or reverse engineer any part of the Mobile app/Website;
  • copying or duplicating in any manner any of the Pawesome Content or other information available from the Mobile app/Website;
  • framing or hot linking or deep linking any Pawesome Content.
  • circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
  • 5.3 Pawesome, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Pawesome shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
  • 5.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Pawesome has the right to immediately terminate the access or usage rights of the User to the Mobile app and Services and to remove non-compliant information from the Mobile app.
  • 5.5 Pawesome may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Pawesome to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Pawesome as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Pawesome or any person on its behalf and the User or where the User has consented to data transfer.
  • Pawesome respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
  • 6. TERMINATION
  • 6.1 Pawesome reserves the right to suspend or terminate a User’s access to the Mobile app/Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
  • Such User breaches any terms and conditions of the Agreement;
  • A third party reports violation of any of its right as a result of your use of the Services;
  • Pawesome is unable to verify or authenticate any information provide to Pawesome by a User;
  • Pawesome has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
  • Pawesome believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Pawesome or are contrary to the interests of the Mobile app/Website.
  • 6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Mobile app/Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Mobile app/Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practises.
  • 7. LIMITATION OF LIABILITY
  • In no event, including but not limited to negligence, shall Pawesome, or any of its staffs, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Mobile app/Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Mobile app/Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
  • provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Mobile app;
  • any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Mobile app;
  • any unauthorised access to or alteration of your transmissions or data; or
  • any other matter relating to the Mobile app or the Service.
  • In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Mobile app/Website or the Services exceed, in the aggregate Rs. 300/- (Rupees One Thousand Only).
  • 8. RETENTION AND REMOVAL
  • Pawesome may retain such information collected from Users from its Mobile app or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
  • 9. APPLICABLE LAW AND DISPUTE SETTLEMENT
  • 9.1 You agree that this Agreement and any contractual obligation between Pawesome and User will be governed by the laws of India.
  • 9.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Mobile app/Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Pawesome. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Salem. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
  • 9.3 Subject to the above Clause 9.2, the courts at Salem shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Mobile app/Website or the Services or the information to which it gives access.
  • 10. CONTACT INFORMATION GRIEVANCE OFFICER
  • 10.1 If a User has any questions concerning Pawesome, the Mobile app/Website, this Agreement, the Services, or anything related to any of the foregoing, Pawesome customer support can be reached at the following email address: info@pawesome.co.in or via the contact information available from the following hyperlink: www.pawesome.co.in/.
  • 10.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Mobile app/Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Office at:

  • Rasiinfotech
    143/3 Amaravathy Nagar
    Bangalore Highway,
    Salem - 636302.
    Email: info@pawesome.co.in

  • In the event you suffer as a result of access or usage of our Mobile app/Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
  • 11. SEVERABILITY
  • If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
  • 12. WAIVER
  • No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Pawesome. Any consent by Pawesome to, or a waiver by Pawesome of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
  • 13. PayG OFFER TERMS AND CONDITIONS
  • By accessing the Mobile app/Website at https://payg.in, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Mobile app/Website are protected by applicable copyright and trademark law.
    • 13.1. Use Licence
  • Permission is granted to temporarily download one copy of the materials (information or software) on Xsilica Software Solutions' Mobile app/Website for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence you may not: modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on Xsilica Software Solutions' Mobile app/Website;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or "mirror " the materials on any other server.
  • This licence shall automatically terminate if you violate any of these restrictions and may be terminated by Xsilica Software Solutions at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.
    • 13.2. Disclaimer
  • The materials on Xsilica Software Solutions' Mobile app/Website are provided on an 'as is' basis. Xsilica Software Solutions makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  • Further, Xsilica Software Solutions does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Mobile app/Website or otherwise relating to such materials or on any sites linked to this site.
    • 13.3. Limitations
  • In no event shall Xsilica Software Solutions or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Xsilica Software Solutions' Mobile app/Website, even if Xsilica Software Solutions or a Xsilica Software Solutions authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
    • 13.4. Accuracy of materials
  • The materials appearing on Xsilica Software Solutions' Mobile app/Website could include technical, typographical, or photographic errors. Xsilica Software Solutions does not warrant that any of the materials on its Mobile app/Website are accurate, complete or current. Xsilica Software Solutions may make changes to the materials contained on its Mobile app/Website at any time without notice. However Xsilica Software Solutions does not make any commitment to update the materials.
    • 13.5. Links
  • Xsilica Software Solutions has not reviewed all of the sites linked to its Mobile app/Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Xsilica Software Solutions of the site. Use of any such linked Mobile app/Website is at the user's own risk.
    • 13.6. Modifications
  • Xsilica Software Solutions may revise these terms of service for its Mobile app/Website at any time without notice. By using this Mobile app/Website you are agreeing to be bound by the then current version of these terms of service.
    • 13.7. Governing Law
  • These terms and conditions are governed by and construed in accordance with the laws of Hyderabad and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.