MyZindagi Terms of Use

Synnapps Private Limited (“Synnapps”) is the author and publisher of the internet resource MyZindagi.pk and the mobile application ‘MyZindagi’ (together, “Website”). Synnapps owns and operates the services provided through the Website.

  1. NATURE AND APPLICABILITY OF TERMS

    Please carefully go through these terms of use (“Terms”) and the privacy policy available at MyZindagi.pk (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by MyZindagi. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and MyZindagi in connection with your visit to the 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 organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “You” or “User”); or
    • A patient, his/her representative or affiliate, searching for Practitioners through the Website (“End-User”, “You” or “User”); or
    • Otherwise a user of the Website (“You” or “User”).

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

    • For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
    • For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by MyZindagi, and (iii) to make appointments with Practitioners.

    The Services may change from time to time, at the sole discretion of MyZindagi, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

    This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at [email protected]

    By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Terms of Service and Privacy Policy, as available on the Website and as amended from time to time, 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 Website to avail the Services. By availing any Service, you indicate your free consent and acceptance of the terms and conditions of this Agreement.

    We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, without prior notice, however, we advise that. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your acceptance agreement to follow and be bound by the Agreement so modified.

    You acknowledge that you will be bound by this Agreement or any amended agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

    Your access to use of the Website and the Services will be solely at the discretion of MyZindagi.

  2. CONDITIONS OF USE

    By registering, visiting and using the Website or accepting this agreement, you represent and warrant to MyZindagi that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this agreement.

  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.

    1. END-USER ACCOUNT AND DATA PRIVACY

      1. The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
      2. MyZindagi may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of MyZindagi’s services and to build new services.
      3. The Website allows MyZindagi to have access to registered Users’ personal email, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
      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 MyZindagi will disclose such information; and,
        • Other information mandated by the SPI Rules.
      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.
      6. MyZindagi 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 MyZindagi or to any other person acting on behalf of MyZindagi.
      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 Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify MyZindagi of any actual or suspected un-authorized use of the User’s account or password. MyZindagi shall not be liable for your losses caused by any un-authorized use of your account. However, you may be liable for any loss to MyZindagi or such other parties as the case may be, due to any un-authorized use of your account.
      8. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or MyZindagi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MyZindagi has the right to discontinue the Services to the User at its sole discretion.
      9. MyZindagi may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
      10. MyZindagi may provide End-Users with a free facility known as ‘Health Account’ on the Website and its mobile application MyZindagi. The specific terms relating to such account are as below, without prejudice to the rest of these Terms and the Privacy Policy:
        • Your Health Account is only created after you have signed up and explicitly accepted these Terms and conditions.
        • Information available in your Health Account is of two types:
          • Patient-created: Information generated and uploaded by you.
          • Practice-created: Information generated by your interaction with a Practitioner who uses MyZindagi or other Services of software.
          • Any Practice created information is provided on an as-is basis and MyZindagi does not validate the said information and makes no representation in connection therewith. You are advised to contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the information in any manner.
          • The Health Account is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, MyZindagi is not liable for any interruption that may be caused to your access of the Services.
          • It is your responsibility to keep your email ID updated in the Health Account. The records will be sent to the account associated with this email ID. Every time you change any contact information (mobile or email), we will send a confirmation. MyZindagi is not responsible for any loss or inconvenience caused due to your not updating your contact details for the Health Account.
          • MyZindagi uses industry–level security and encryption to your Health Account. However, MyZindagi cannot guarantee prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to [email protected]
          • If you access your dependents’ record through your Health Account by registering your dependents with your own Health Account, you are deemed to be responsible for the records of your dependents and all obligations that your dependants would have had, had they maintained their own separate individual Health Accounts.
          • In case you want to delete your Health account, you can do so by accessing 'Profile' from within your account. This will ensure that your account and any associated records will be deleted from the Health Account. This will however not delete your records stored by your doctor(s) and Practitioners.
    2. RANKING ALGORITHM

      MyZindagi’s ranking algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by MyZindagi. MyZindagi shall not be liable for any change in the ranking of the Practitioners, 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. MyZindagi in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.

    3. LISTING CONTENT AND DISSEMINATING INFORMATION

      1. MyZindagi collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. MyZindagi takes reasonable efforts to ensure that such information is updated at frequent intervals. Although MyZindagi screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
      2. The Services provided by MyZindagi, 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). MyZindagi does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. MyZindagi does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, MyZindagi disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by MyZindagi or any User in relation to any User or services provided by such User.
      3. The Website may be linked to the website of third parties, affiliates and business partners. MyZindagi has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that MyZindagi endorses the linked site. User may use the links and these services will be at User’s own risk.
      4. MyZindagi assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content etc. from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
      5. If MyZindagi determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, MyZindagi reserves the right to immediately suspend your access to the Website or any of your accounts with MyZindagi and makes such declaration on the website alongside your name/your clinic’s name as determined by MyZindagi for the protection of its business and in the interests of Users. You shall be liable to indemnify MyZindagi, its Directors, Owners, Partners and staff for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected MyZindagi or its Users.
    4. APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS

      1. While MyZindagi will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, MyZindagi does not guarantee that a patient will get a confirmed appointment. Further, MyZindagi has no liability if such appointment is confirmed but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.
      2. MyZindagi provides value added telephonic services which connects Users directly to the Practitioners and the information exchanged between the User and the Practitioners is stored and used in accordance with the Privacy Policy. However, it is at the discretion of the User, to avail the Service. If a User has used the telephony service, MyZindagi reserves the right to share the contact details of the User with the Practitioners contacted.
      3. You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold MyZindagi responsible for any such interactions and associated issues. For avoidance of doubt, MyZindagi is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Website. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk and results. The results of any search you perform on the Website for Practitioners should not be construed as an endorsement by MyZindagi of any such particular Practitioner. MyZindagi shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.
      4. Without prejudice to the generality of the above, MyZindagi shall not be liable for:
        • any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
        • any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties;
        • any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
        • cancellation or rescheduling of booked appointment or any variance in the fees charged;
        • any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
      5. Further, MyZindagi 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 another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at MyZindagi sole discretion and may be modified or withdrawn at its sole discretion. MyZindagi may moderate such feedback at any time. MyZindagi shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Website.
    5. NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

      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 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 MyZindagi 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.
      2. It is hereby expressly clarified that, the Information that you obtain or receive from MyZindagi, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
      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 a another person’s behalf), please immediately contact an ambulance service or hospital directly.
    6. ZINDAGI CONSULT

      1. MyZindagi enables Users to connect with Practitioners by posting health related queries on their respective Health Accounts. MyZindagi allows Practitioners to respond to such queries using a special software application provided to Practitioners by MyZindagi.
      2. The User hereby grants consent to MyZindagi to transfer the health related queries posted by the User to Practitioners for the provision of the services under MyZindagi Consult and agrees that any such information provided by the User will be subject to our Privacy Policy.
      3. MyZindagi is intended for general purposes only and is not meant to be used in emergencies. All the conditions prescribed in Clause 3.5 of this Terms of Use shall apply to the Users.
      4. The User understands and agrees that any interactions and associated issues with the Practitioner on MyZindagi including but not limited to the User’s health issues and the User’s experiences is strictly between the User and the Practitioner. The User shall not hold MyZindagi responsible for any such interactions and associated issues. MyZindagi is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between the User and the Practitioner, the User interacts with. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk and cost. MyZindagi shall not be responsible for any breach of service or service deficiency by any doctor or health care provider.
    7. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

      1. The contents listed on the Website are (i) User generated content, or (ii) belong to MyZindagi. The information that is collected by MyZindagi directly or indirectly from the End- Users and the Practitioners shall belong to MyZindagi. Copying of the copyrighted content published by MyZindagi on the Website, for any commercial purpose(s) or for the purpose of earning profit(s) shall be a violation of copyright of MyZindagi and MyZindagi reserves its rights under applicable laws to prosecute the Infringer, accordingly.
      2. MyZindagi authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website are the property of MyZindagi and are protected under copyright, trade mark and other laws. User shall not modify the MyZindagi Content or reproduce, display, publicly perform, distribute, or otherwise use the MyZindagi Content in any way for any public or commercial purpose or for personal gain(s).
      3. User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
    8. REVIEWS AND FEEDBACK

      By using this Website/App, you agree that any information shared by you with MyZindagi 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 Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of MyZindagi in publishing Critical Content is restricted to that of an ‘intermediary’. MyZindagi 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’. MyZindagi shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.

      Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party’s intellectual property or publicity or privacy rights., You agree that MyZindagi may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

      • Obtaining feedback in relation to Website or MyZindagi’s services; and/or
      • Obtaining feedback in relation to any Practitioners listed on the Website; and/or
      • Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;

      and you agree to provide your fullest co-operation further to such communication by MyZindagi.

  4. TERMS OF USE PRACTITIONERS

    The terms in this Clause 4 are applicable only to Practitioners.

    1. LISTING POLICY

      1. MyZindagi, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. MyZindagi 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 Website in connection with you and your profile is found to be incorrect, you are required to inform MyZindagi immediately to enable MyZindagi to make the necessary amendments.
      2. MyZindagi shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
      3. MyZindagi 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 MyZindagi, where the User has expressly or implicitly consented to the making of disclosures or publications by MyZindagi. If the User had revoked such consent under the terms of the Privacy Policy, then MyZindagi 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 MyZindagi prior to its actual receipt of such revocation.
      4. MyZindagi 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 Website. However, MyZindagi shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
      5. MyZindagi reserves the right to publish the User information to a third party, subject to prior explicit informed consent from the User.
      6. You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable laws. Any contravention of applicable laws as a result of your use of these Services is your sole responsibility, and MyZindagi accepts no liability for the same.
    2. PROFILE OWNERSHIP AND EDITING RIGHTS

      MyZindagi ensures easy access to the Practitioners by providing a tool to update your profile information. MyZindagi reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, MyZindagi 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 MyZindagi’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, MyZindagi may modify or delete parts of your profile information at its sole discretion with or without notice to you.

    3. REVIEWS AND FEEDBACK DISPLAY RIGHTS OF ZINDAGI

      1. All Critical Content is content created by the Users of MyZindagi.pk (“Website”) and the clients of MyZindagi customers and Practitioners, including the End-Users. As a platform, MyZindagi does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’. The role of MyZindagi and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. MyZindagi’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
      2. MyZindagi reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
      3. MyZindagi 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. You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. MyZindagi 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. MyZindagi however, as an ‘intermediary’, takes steps as required to comply with applicable laws 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 3.9 and 5 of these Terms.
      5. MyZindagi will take down information under standards consistent with applicable laws, 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 Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
      6. If MyZindagi determines that you have provided inaccurate information or enabled fraudulent feedback, MyZindagi reserves the right to immediately suspend any of your accounts with MyZindagi and makes such declaration on the website alongside your name/your clinics name as determined by MyZindagi for the protection of its business and in the interests of Users.
    4. RANKING ALGORITHM

      MyZindagi has designed the ranking algorithm in the best interest of the End-User and may adjust the ranking from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary ranking algorithm which cannot be altered for specific Practitioners. MyZindagi shall not be liable for any effect on the Practitioner’s business interests due to the rank of the doctor in the Ranking Algorithm.

    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 MyZindagi.

    6. ZINDAGI REACH RIGHTS

      MyZindagi reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, MyZindagi shall not be liable for the accuracy of information or the claims made in the Sponsored Listings. MyZindagi does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. MyZindagi will not be liable for the services of the providers of the Sponsored Listings.

      You represent and warrant that you will use these Services in accordance with applicable laws. Any contravention of applicable laws as a result of your use of these Services is your sole responsibility, and MyZindagi accepts no liability of any kind for the same.

  5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

    1. MyZindagi 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(s) for the time being in force; or morality;
      • 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 the country, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
      • Is likely to hurt the religious susceptibilities of any class;
    2. Users are also prohibited from:
      • violating or attempting to violate the integrity or security of the Website or any MyZindagi Content;
      • transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by MyZindagi;
      • intentionally submitting on the Website any incomplete, false or inaccurate information;
      • making any unsolicited communications to other Users;
      • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
      • attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
      • copying or duplicating in any manner any of the MyZindagi Content or other information available from the Website;
      • Framing or hot linking or deep linking any MyZindagi Content.
      • Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
    3. MyZindagi, 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. MyZindagi 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 etc.
    4. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, MyZindagi has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
    5. MyZindagi 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. MyZindagi will only transfer sensitive personal data or information including any information, to any other body corporate or a person in Pakistan, or located in any other country, that ensures the same level of data protection that is adhered to by MyZindagi, only if such transfer is necessary for the performance of the lawful contract between MyZindagi or any person on its behalf and the User or where the User has consented to data transfer.

      MyZindagi respects the Intellectual Property Rights of others and we do not hold any responsibility for any violations of any Intellectual Property Rights

  6. TERMINATION

    1. MyZindagi reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,

      • Such User breaches any terms and conditions of the Agreement;
      • A third party reports violation of any of its right as a result of your use of the Services;
      • MyZindagi is unable to verify or authenticate any information provide to MyZindagi by a User;
      • MyZindagi has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
      • MyZindagi believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for MyZindagi or are contrary to the interests of the Website.
    2. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
  7. LIMITATION OF LIABILITY

    In no event, including but not limited to negligence, shall MyZindagi, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

    • provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
    • any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
    • any unauthorized access to or alteration of your transmissions or data; or
    • any other matter relating to the Website or the Service.
  8. RETENTION AND REMOVAL

    MyZindagi may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information. Computer web server logs may be preserved as long as administratively necessary.

  9. APPLICABLE LAW AND DISPUTE SETTLEMENT

    1. You agree that this Agreement and any contractual obligation between MyZindagi and User will be governed by the laws of Pakistan.
    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 Website or the Services or information to which it gives access, shall be determined by arbitration in Pakistan, before a sole arbitrator appointed by MyZindagi
  10. CONTACT INFORMATION GRIEVANCE OFFICER

    1. If a User has any questions concerning MyZindagi, the Website, this Agreement, the Services, or anything related to any of the foregoing, MyZindagi customer support can be reached at the following email address: contact information available from the following hyperlink: www.myzindagi.pk
    2. If you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact us
  11. SEVERABILITY

    If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be un-enforceable 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 MyZindagi. Any consent by MyZindagi to, or a waiver by MyZindagi 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.

SCHEDULE

  1. MyZindagi Feedback Collection and Fraud-Detection Policy

    1. Scope

      This policy document covers the philosophy, intent and methodology used by MyZindagi to collect Feedback from Patients about Doctors and other Practitioners who are part of the MyZindagi eco-system.
    2. Philosophy and Intent

      At MyZindagi, we believe in transparency and authenticity, and these are the 2 primary pillars on which the Feedback collection system is built. We intend to help Patients make a well-informed decision when it comes to their Health and authentic Feedback helps them achieve that. Doctors being MyZindagi closest friends throughout our successful journey, would be the other beneficiary, with authentic Feedback circulating in the Patient circles.

    3. How we collect Feedback

      As of now MyZindagi endeavors to reach out to the following group of authentic Patients:

      • Patients who have booked appointments through MyZindagi app:

        MyZindagi reaches out to these Patients via SMS/E-mail within 3 days after their scheduled appointment schedule and ask them for Feedback on their appointment experience at the Clinic with the Doctor. MyZindagi has complete ownership of this flow of feedback collection since MyZindagi is responsible for giving the best experience to patients booking an appointment.

    4. Nature of Feedback

      The MyZindagi Feedback Collection System currently asks Patients about their appointment experience. The information collected would primarily be categorized as below:

      • Doctor recommendation – whether the patient would recommend the doctor to his/her friends and family
      • Wait-time – how long the patient had to wait for his/her appointment
      • Doctor Feedback – Patient’s testimonial about appointment experience with the Doctor
    5. Authenticity of Feedback Collection

      As part of our efforts to collect and display authentic Feedback, MyZindagi abides by these set of rules:

      • A Patient would be probed with SMS/E-mail for Feedback on an appointment with a Doctor only once in a month
      • A Patient cannot give multiple Feedback for a single appointment
      • Appointments booked via MyZindagi includes (but not restricted to) appointments from the following sources:
        • Doctor and Practice profile on MyZindagi.com or smartphone apps
  2. MyZindagi Feedback Moderation and Fraud Detection Policy

    1. Scope: This Policy document intends to explain the Feedback Moderation and Fraud Detection system deployed in MyZindagi.
    2. Philosophy and Intent: An online healthcare ecosystem of MyZindagi magnitude sees a large number of Patients giving Feedback about their Appointment experience on a daily basis. Given the volume of Feedback entering the MyZindagi Feedback Collection System we consider it very important to make sure only the helpful and authentic feedback reach out to the Patients who visit MyZindagi.com and assist them in their Patient experience.
    3. Helpful and Authentic feedback: A helpful and authentic Feedback is one that complies with MyZindagi Feedback Standards and other information points probed by MyZindagi Feedback Collection System, and more importantly, is submitted by an authentic user. Some of the Feedback we do not entertain on MyZindagi are:
      • Feedback that is 3-worded or less – we have observed that they don’t help patients looking for insightful patient experiences
      • Feedback that tends to have ulterior motives – advertising, spam, abuse, etc.
    4. Moderation Team: We have a team of moderators that examine questionable Feedback. We also use automated tools on the site that help flag questionable content for review and we are working on enabling our large and passionate community of millions of users keep an eye out as well.
    5. Moderation team would be responsible for screening the Feedback posted by Patients abiding by MyZindagi Feedback Standards.
    6. Each Feedback is evaluated as a whole while moderating – e.g. A Feedback that happens to start with relevant information and ends up with statements that do not comply with MyZindagi Feedback Standards would not be published. A moderator can take the following generic stances on any incoming Feedback:
      • Publish
      • Withhold for investigation
      • Decline to publish
    7. Moderation Rate: The majority of Feedback is posted within 48 hours of submission. If a Feedback is flagged for a closer look by our moderators, it may take longer, especially during our busiest days. We try to base every decision we make on what our members will find helpful and relevant. At times, Feedback under investigation may take several weeks to process.
    8. Positive and negative Feedback: As long as Feedback meets our guidelines, we’re happy to post it whether it’s positive or negative. The majority of our Feedback is indeed positive, and we do not influence or change the content.
    9. Fraud Detection: Misusing or manipulating Feedback systems for personal benefit is the last thing MyZindagi would want to entertain on the MyZindagi Feedback System. MyZindagi has come up with its own standards and processes to detect Fraud and deal with them in the appropriate manner.
    10. Fraud as defined by MyZindagi: The following actions may be considered fraudulent:
      • Attempts by a Doctor or Clinic to boost his/her/its own property’s reputation by:

        • Writing feedback for his/her own practice
        • Asking friends or relatives to write positive feedback
        • Submitting feedback on behalf of a Patient
        • Copying comment cards and submitting them as feedback
        • Pressuring MyZindagi or a Patient to remove a negative feedback
        • Offering incentives such as discounts, upgrades, or any special treatment in exchange for feedback
        • Hiring an optimization company, third party marketing organization, or anyone to submit false feedback
      • Attempts by a Doctor to damage his/her competitors by submitting negative feedback.
    11. Bottom Line: Any attempt to mislead, influence or impersonate a Patient is considered fraudulent and will be subject to penalty.
    12. Detecting fraud: Unfortunately we are unable to disclose the specifics of our Fraud Detection System but we can tell you that we dedicate significant time and resources ensuring that the content on MyZindagi reflects quality feedback by authentic Patients. We have quality assurance specialists who have brought a wide range of professional experience to enhance our prevention methods and our team spends thousands of hours every year ensuring the integrity of Feedback on MyZindagi. We also use automated tools that help flag questionable content for review, and very soon we will enable our large and passionate community of users to keep an eye out as well.
    13. Repercussions of being fraudulent: If we determine that there is fraudulent Feedback submitted for a Doctor/Clinic , there could be several consequences:

      • A fraudulent health-care entity might not be the right choice for a Patient. So a
      • Doctor/Clinic may drop by several points in the MyZindagi index.
      • We are working on putting up a penalty notice, explaining that the feedback about Doctor/Clinic is suspicious, and this may appear on the listing page.
    14. Legal side of fraudulent reviews: In addition to being a violation of our terms of service and an unethical practice, this is also a violation of the law in many jurisdictions. In July 2009, New York Attorney General Andrew Cuomo settled a case which resulted in a $300,000 penalty for a company posting fake consumer reviews. It is also illegal to post fake reviews in the United Kingdom, France, Italy, and Germany, Ireland, Sweden and the Netherlands (among other countries) pursuant to the EU Unfair Commercial Practices Directive, adopted by these countries.

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