Agreement Overview
The following terms (the "Terms of Use" or the "Agreement") constitute an agreement between you and ThePharmanest, Inc. ("ThePharmanest," "we," or "us"), the operator of our healthcare platform and related websites, applications, services and mobile applications, and all associated services (collectively, the "Services") provided by ThePharmanest.
This Agreement constitutes a contract between you and us that governs your access to and use of the Services. This means you must agree to this Agreement in order to access and/or use our Services. If you do not agree, then you may not use the Services. As used in this Agreement, "you" means any visitor, user, or other person who accesses our Services; whether or not such person registered for a ThePharmanest Account.
Important Legal Notice
PLEASE REVIEW THE ARBITRATION NOTICE AND CLASS ACTION WAIVER CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES BETWEEN YOU AND THEPHARMANEST BY BINDING, INDIVIDUAL ARBITRATION EXCEPT FOR EXCLUDED DISAGREEMENTS. YOU ACKNOWLEDGE AND AGREE THAT (1) YOU AND THEPHARMANEST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND (2) YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION.
Service Usage and Account Creation
To access certain features of our Services, you may be required to create a ThePharmanest Account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate
- Maintain the security of your password and account
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activities under your account
If you create a ThePharmanest Account or use the Services on behalf of an individual other than yourself, you represent that you are authorized by such individual to accept this Agreement on such individual's behalf and bind them to this Agreement.
Acceptable Use Policy
You agree to use our Services only for lawful purposes and in accordance with this Agreement. You agree not to:
- Use the Services in any way that violates applicable laws or regulations
- Transmit or post any content that is harmful, threatening, abusive, or defamatory
- Impersonate any person or entity or misrepresent your affiliation
- Interfere with or disrupt the Services or servers
- Attempt to gain unauthorized access to any portion of the Services
- Use automated systems to access the Services without permission
- Post false, inaccurate, or misleading information
Healthcare Provider Services
Our platform connects you with healthcare providers ("Healthcare Providers") who offer medical services. Please note:
Healthcare Provider Relationship
ThePharmanest is not a healthcare provider and does not practice medicine. We facilitate connections between patients and Healthcare Providers, but we do not provide medical advice, diagnosis, or treatment.
- Healthcare Providers are independent professionals responsible for their own services
- You are responsible for verifying provider credentials and qualifications
- Medical decisions should be made in consultation with qualified healthcare professionals
- Emergency medical situations require immediate contact with emergency services
Payment Terms
Certain Services may require payment. By using paid Services, you agree to:
- Pay all fees associated with your use of the Services
- Provide accurate billing and payment information
- Pay fees when due according to the applicable payment terms
- Be responsible for all taxes associated with your use of the Services
We reserve the right to change our fees at any time, with notice to you as required by law.
Privacy and Data Protection
ThePharmanest's collection and use of Personal Data in connection with the Services is described in ThePharmanest's Privacy Policy. By using our Services, you consent to our collection and use of your information as described in our Privacy Policy.
HIPAA Compliance
Where applicable, we comply with HIPAA requirements for protecting your health information. Please review our Privacy Policy for detailed information about how we handle protected health information.
Intellectual Property
The Services and their contents, including but not limited to text, graphics, images, logos, and software, are owned by ThePharmanest or our licensors and are protected by intellectual property laws.
- You may not copy, modify, distribute, or create derivative works
- You may not reverse engineer or attempt to extract source code
- Limited license is granted solely for your personal, non-commercial use
- All rights not expressly granted are reserved
Disclaimers and Limitation of Liability
Service Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
To the maximum extent permitted by law, ThePharmanest shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses.
Termination
We may terminate or suspend your access to the Services at any time, with or without cause, and with or without notice. Upon termination:
- Your right to use the Services will cease immediately
- We may delete your account and all associated data
- Provisions that by their nature should survive will remain in effect
- You remain liable for all fees and charges incurred prior to termination
Indemnification
You agree to indemnify, defend, and hold harmless ThePharmanest and our officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:
- Your use of the Services
- Your violation of this Agreement
- Your violation of any third-party rights
- Any content you submit or transmit through the Services
Changes to Terms
We are constantly trying to improve our Services, so these Terms of Use may need to change along with our Services. We reserve the right to change the Terms of Use at any time, and if we do make material changes, we will place a notice on our site, send you an email, and/or make reasonable attempts to notify you by some other means.
If you don't agree with the new Terms of Use, you are free to reject them; however, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms of Use becomes effective, that means you agree to all of the changes.
Service Modifications
We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one or any part of the existing Services. Under no circumstances will ThePharmanest be liable for any suspension or discontinuation of the Services or any portion thereof, and any use of new features or services will be governed by this Agreement.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in California.
Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
Survival Clause
Provisions that, by their nature, should survive termination of this Agreement shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights.
At ThePharmanest (Ayka Telecom and Software LLC), we are committed to protecting your privacy. We take great care with your personal information that we gather when you access or use our websites, applications, and services owned and operated by ThePharmanest and that link to this Privacy Policy (collectively, the "Services").
This Privacy Policy is meant to help the users of our Services ("Users", "you," or "your") understand how we treat your Personal Data. In addition to Users who create a ThePharmanest account to use the Services, for purposes of this Privacy Policy, "Users" also includes users of our Services who do not have a ThePharmanest account (for example, if you visit our websites or download our mobile application without creating a ThePharmanest account) ("Visitors").
Important Notice
BY USING OR ACCESSING THE SERVICES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY, AND YOU HEREBY CONSENT THAT WE WILL COLLECT, USE, AND SHARE YOUR INFORMATION IN THE WAYS DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU MAY NOT USE THE SERVICES.
HIPAA and Protected Health Information (PHI)
Certain demographic, health and/or health-related information that ThePharmanest collects about Users on behalf of our Healthcare Providers as part of providing the Services may be "protected health information" ("PHI") governed by the Health Insurance Portability and Accountability Act ("HIPAA").
This Privacy Policy does not apply to PHI, which is instead regulated by HIPAA. HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed. Please read the Notice of Privacy Practices of your Healthcare Provider to understand how your PHI can be used and disclosed.
Personal data that a User provides to ThePharmanest when ThePharmanest is not acting as a Business Associate is not PHI and ThePharmanest's use of this information is therefore covered by this Privacy Policy.
Categories of Personal Data We Collect
Each table below details the categories of Personal Data that we may collect and may have collected about you over the past twelve (12) months, depending on your relationship with ThePharmanest. "Personal Data" means any information that identifies or relates to a particular individual, and includes information referred to as "personally identifiable information" or "personal information" under applicable data privacy laws.
Visitors and Users
| Category and Examples of Personal Data | Source of Data | Business Purpose(s) for Collection |
|---|---|---|
| Online Identifiers IP Address, device ID, browser type, operating system |
You, Third Parties | Providing and Improving Services, Marketing |
| Web Analytics Webpage interactions, referring sources, request IDs |
You, Third Parties | Providing and Improving Services, Marketing |
| User Demographic Data Gender, date of birth |
You | Providing and Improving Services, Correspondence |
| Geolocation Data IP-based location, zip code, city, address |
You, Third Parties | Providing and Improving Services, Marketing |
Users Only
| Category of Personal Data | Source of Data | Business Purpose(s) for Collection |
|---|---|---|
| Personal Identifiers Name, email, phone, mailing address |
You | Providing Services, Correspondence |
| Commercial Information Payment card information, billing details |
You | Providing Services, Correspondence |
| Health Information Health conditions, medical history, provider visits |
You | Providing Services, Correspondence |
| Insurance Information Insurance plan, member ID, group ID |
You | Providing Services, Correspondence |
How We Use Your Personal Data
Providing, Customizing, and Improving the Services
- Creating and managing your account or user profiles
- Providing you with requested products, services, and information
- Meeting or fulfilling the reason you provided information to us
- Providing support and assistance for the Services
- Improving the Services through testing, research, and analytics
- Personalizing Services and communications based on your preferences
- Fraud protection, security, and debugging
Marketing the Services
- Marketing and selling the Services
- Showing you advertisements, including interest-based advertising
Corresponding with You
- Responding to correspondence and contacting you when necessary
- Sending appointment reminders and healthcare information
- Sending communications about resources, providers, or services
How We Share Your Personal Data
We may share your Personal Data with the following categories of third parties:
- Service Providers: Companies that provide services on our behalf
- Healthcare Providers: Medical professionals you book appointments with
- Insurance Providers: For billing and coverage verification
- Analytics Partners: For website and service analytics
- Ad Networks: For advertising purposes
- Parties you authorize: When you give explicit consent
Data Security
We implement appropriate technical and organizational security measures to protect your Personal Data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the Internet or electronic storage is 100% secure.
Data Retention
We retain your Personal Data for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. When determining retention periods, we consider factors such as the nature of the data, the purposes for processing, and applicable legal requirements.
Your Rights and Choices
Depending on your location, you may have certain rights regarding your Personal Data, including:
- Right to access your Personal Data
- Right to correct inaccurate Personal Data
- Right to delete your Personal Data
- Right to restrict processing of your Personal Data
- Right to data portability
- Right to object to processing
- Right to withdraw consent
To exercise these rights, please contact us using the information provided below.
Children's Privacy
Our Services are not intended for children under 13 years of age. We do not knowingly collect Personal Data from children under 13. If you believe we have collected information from a child under 13, please contact us immediately.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time. We will notify you of any material changes by posting the new Privacy Policy on our website and updating the "Last Updated" date. Your continued use of the Services after any changes indicates your acceptance of the updated Privacy Policy.
Last Updated
This Privacy Policy was last updated on January 1, 2024.
At ThePharmanest, we are committed to providing quality healthcare services and ensuring customer satisfaction. This Refund Policy outlines the terms and conditions under which refunds may be issued for our various services.
Important Policy Notice
Please read this policy carefully before using our services. By using our services, you agree to be bound by this Refund Policy. This policy may be updated from time to time, and any changes will be posted on our website.
General Refund Guidelines
Our refund policy is designed to be fair and transparent while protecting both our patients and healthcare providers. Refunds will be processed according to the specific terms outlined below for each service type.
Processing Time
Approved refunds will be processed within 5-7 business days. Refunds will be issued to the original payment method used for the transaction.
Consultation Services Refund Policy
45-Minute Rule for Consultations
For all consultation services, including virtual consultations, second opinions, and specialist consultations:
- Full Refund: Available if cancellation occurs more than 45 minutes before the scheduled appointment time
- Partial Refund (50%): Available if cancellation occurs within 45 minutes but more than 15 minutes before the appointment
- No Refund: If cancellation occurs within 15 minutes of the scheduled appointment time
- Cancellation Fee: INR 75 administrative fee applies to all cancellations
Important Timing Notice
Please note that the 45-minute rule is strictly enforced. We recommend scheduling appointments well in advance and setting reminders to avoid last-minute cancellations.
Telehealth Services Refund Policy
6-Hour Rule for Telehealth Consultations
For telehealth consultations and virtual visits:
- Full Refund: Available if cancellation occurs more than 6 hours before the scheduled appointment
- Partial Refund (25%): Available if cancellation occurs within 6 hours but more than 2 hours before the appointment
- No Refund: If cancellation occurs within 2 hours of the scheduled appointment time
- Technical Issues: Full refund available if technical problems prevent completion of the consultation
Technical Support
If you experience technical difficulties during your telehealth consultation, please contact our support team immediately. We provide technical assistance and will offer a full refund if the issue cannot be resolved.
Medical Review and Report Services
Medical Review Refund Policy
For medical record reviews, second opinion reports, and medical consultations:
- Full Refund: Available if cancellation occurs before medical records are submitted for review
- Partial Refund (50%): Available if cancellation occurs within 24 hours of record submission
- No Refund: Once medical review process has begun (typically 48 hours after submission)
- Quality Guarantee: If you are not satisfied with the quality of the medical review, we offer a one-time revision at no additional cost
Medical Review Timeline
Medical reviews typically take 3-5 business days to complete. Once the review process begins, refunds are not available as our medical professionals have already invested time in your case.
Subscription Services Refund Policy
Subscription Plan Cancellations
For monthly and annual subscription plans:
- Monthly Plans: Can be cancelled at any time with no refund for the current billing period
- Annual Plans: Pro-rated refund available for unused months if cancelled within first 30 days
- Free Trial: No charges if cancelled during free trial period
- Unused Services: No refunds for unused consultations or services within subscription plans
Emergency and Urgent Care Services
Emergency Consultation Policy
For emergency and urgent care consultations:
- No Refunds: Emergency consultations are non-refundable due to their urgent nature
- Immediate Response: Emergency services are provided immediately and cannot be cancelled
- Quality Assurance: If service quality is unsatisfactory, we offer a complimentary follow-up consultation
Emergency Service Notice
Emergency services are billed immediately upon initiation and are non-refundable. For life-threatening emergencies, please contact your local emergency services (911 in the US).
Refund Request Process
How to Request a Refund
To request a refund, please follow these steps:
- Contact Support: Email healthcare@thepharmanest.com or call 8885627006
- Provide Information: Include your appointment ID, date of service, and reason for refund request
- Submit Documentation: Any relevant documentation supporting your refund request
- Await Review: Our team will review your request within 24-48 hours
- Receive Decision: You will be notified of the refund decision via email
Required Information
Please have your appointment confirmation number, payment receipt, and account information ready when requesting a refund to expedite the process.
Exceptional Circumstances
We understand that exceptional circumstances may arise. In cases of:
- Medical emergencies preventing appointment attendance
- Technical failures on our platform
- Provider unavailability due to unforeseen circumstances
- Natural disasters or force majeure events
We will review refund requests on a case-by-case basis and may provide full refunds or reschedule services at no additional cost.
Dispute Resolution
If you are not satisfied with our refund decision, you may:
- Request a review by our senior management team
- Provide additional documentation supporting your case
- Escalate through our formal complaint process
We are committed to resolving all disputes fairly and promptly.
Contact Information for Refunds
For all refund-related inquiries, please contact us:
Policy Updates
This Refund Policy was last updated on January 1, 2024. We reserve the right to modify this policy at any time with notice to our users.
Contact Information
If you have any questions about our legal policies, please contact us: