The purpose of this Website/App is to assist the User to book Doctor’s appointment easily and to provide them with an extensive selection of Doctors for a range of health issues.
This Website/App provides a wide selection of specialist Doctors to its User, who are experts in their field, which assists the User of this Website/App avail better and effective
Through the Website/App, the User, as per his / her medical needs, can select a Doctor and schedule an appointment for medical consultation. Once the User has chosen the Doctor and scheduled an appointment, We shall facilitate such appointments by duly connecting the User to the Doctor through an audio-video internet connection link. The User may also upload his / her medical records and other related information on the Website/App for the Doctor to review and can be assured that such data shall remain confidential at Our end.
This Website/App does not provide access to Doctors in case of medical emergencies through any means whatsoever. The User is hereby requested to contact local emergency services available in their respective areas / localities as and when such a need arises.
- GENERAL: In terms of information technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures. This document is published in accordance with the provisions of rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require
publishing the rules and regulations, privacy policies and terms and conditions of service / use for access or usage of this Website/App. The Website/App, i.e., www.Docterz.com , is owned by Altruistic Telemedicine Services Private Limited, registered at Amritsar.
- Definition: For the purpose of these terms and conditions of service / use, wherever the context so require, the term ‘Website/App’ shall mean www.Docterz.com
The terms ‘User / Client’ shall mean any natural or legal person who (1) is using / intends to use this Website/App, and (2) has provided the required information for the purposes of registering on this Website/App name or by simply visiting the Website by entering www.Docterz.com in any of the internet browsers. Any services provided by this Website/App that does not require registration does not absolve the User of the contractual relationship established by this agreement.
Wherever the context requires, the term ‘Doctor’ shall mean any person permitted to practice medicine by the Medical Council of India (MCI) or Dental Council of India (DCI) or a similar controlling body according to respective speciality, who will be verified and authenticated by Us. By accessing this Website/App in any way possible, the User is bound by the terms and conditions of service / use detailed in this agreement or any other document as required by Altruistic Telemedicine Services Private Limited. The User is requested to read the terms and conditions of service / use carefully before accepting the same and moving forward to using the Website/App.
The terms ‘We / Us / Our / Seller’ shall mean Altruistic Telemedicine Services Private Limited, which shall be responsible for managing the Website/App and making the services of the Website/App available to the User.
The use of the Website/App by the User is solely governed by this agreement detailing the terms and conditions of service / use, along with any other terms or policies published by Us. Moving past the home page of the Website or Downloading the App and using any of the services shall be taken to mean that the User has read and agreed to all of the terms and conditions so binding on the User as laid down in these terms.
- Change / Modification / Amendment of Terms: The User will be subjected to the rules, guidelines, policies, terms and conditions as applicable to any service that is provided by this Website/App, which shall be deemed to be incorporated into these terms and conditions of service / use and shall be considered as part of these terms and conditions of service / use. We hold the sole right to alter / amend / modify the terms and conditions of service / use without prior intimation to / permission from the User.
This relationship with Us creates on the User, a duty to periodically check the terms and conditions and stay updated with all the requirements. If the User continues to use the Website/App following such alteration / amendment / modification, such use will be deemed to constitute the User’s consent for the altered / amended / modified policies. As long as the User complies with these terms and conditions of service / use, We grant the User a personal, non-exclusive, non-transferable and limited privilege to enter and use the Website/App.
- MEMBERSHIP AND USAGE: The membership / usage of the Website/App is strictly restricted to those over the age of 18 years (Eighteen years), or to such group(s) that can be termed to have attained ‘Majority’ under the laws of the respective jurisdiction where this Website/App can be seen and is accessible or to emancipated minors, to possess legal parental and guardian consent, or are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmation, representations and warranties set forth in these terms and conditions of service / use, and to abide by and comply with these terms and conditions of service / use.
Membership cannot be availed by those who are deemed incompetent to contract under the Indian Contract Act, 1872 subject to the aforementioned conditions.
Further, the User is solely responsible for protecting the confidentiality of his / her username and password and any activity under the account will be deemed to have been done by the User and will be attributed to the User. In the case that the User provides Us with false and inaccurate information or We have a reasonable cause to believe that the User has provided Us with false and inaccurate information, We hold the rights to suspend the User’s account on the Website/App and / or terminate this agreement without being held liable for the same.
The User may also be contacted by the service providers with whom We have entered into a contract in furtherance of Our rights, duties and obligations under other agreements and contracts or the policies followed by Us. Such contact will be made only in pursuance of the respective contracts, agreements and/ or policies.
- PAYMENT: The installation and use of this Website/App is free of cost. The User is hereby informed that We can amend this ‘no charge’ policy at any time.
If the User uses the Website/App to choose a Doctor and book an appointment for a video or telephonic consultation, then such a User shall be required to pay before the video or telephonic consultation can be scheduled and executed, using the payment method(s) provided for in the Website/App.
For the purpose of this section, ‘buyer’ would include any User choosing to use the paid services offered on Our Website/App.
While availing any of the payment method(s) available on the Website/App, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
- Lack of authorisation for any transaction/s; or
- Exceeding the preset limit mutually agreed by the User and between Bank/s; or
- Any payment issues arising out of the transaction/s; or
- Decline of any transaction/s for any other reason/s.
All payments made for the paid services offered on the Website/App by the User shall be compulsorily in Indian Rupees. The Website/App will not facilitate transaction with respect to any other form of currency with respect to the purchase(s) made on the
- Payment method(s) for buyers:
- The User, as a buyer, understands that upon initiating a transaction the User is entering into a legally binding and enforceable contract with Us to purchase the services from Us using the payment method(s) available on the Website/App, and the User shall pay for the transaction through the User’s issuing Bank to Us using the payment method(s) available on the Website/App.
- The User, as a buyer, agrees with Our electronic communication and electronic records and if required, using the automated features as may be provided by the payment method(s) available on the Website/App.
- We reserve the right to impose limits on the number of transactions and transaction price which We may receive from an individual credit / debit / cash card / valid Bank Account and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorised by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual buyer during any time period, and reserves the right to refuse the process transactions exceeding such limits.
- We reserve the right to refuse to process transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements by buyer with Us or breach /violation of any law or any charges imposed by issuing Bank or breach of any policy.
- We may do such checks as it deems fit before approving the receipt of transaction price from the buyer for security or other reasons at Our discretion. As a result of such check if We are not satisfied with the credibility of the buyer or genuineness of transaction / transaction price. We shall reserve the right to reject the receipt of transaction price.
- We may delay notifying the payment confirmation, if We deem it suspicious or for buyers conducting high transaction volumes to ensure safety of the transactions and transaction price. In addition, We may hold transaction price or remit transaction price to law enforcement officials (instead of refunding the same to buyer) on the request being made by such law enforcement officials or in the event the buyer is engaged in any form of illegal activity.
- The buyer acknowledges that We will not liable for any damages, interest or claims, etc., resulting from not processing transaction / transaction price or any delay in processing of a transaction / transaction price which is beyond Our control.
- THIRD PARTY INFORMATION: The content on the Website/App which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is Our content (hereinafter referred to as 'Content').
The Website/App may contain links to the content of third party websites that are not associated with Us. We have no control over any third party user generated content as We are merely an intermediary for the purposes of those content. In the event, if any of the third party content infringes any intellectual property of any person, the third party shall be solely responsible for any loss caused and we shall not assume any liability. The User may send as an email at email@example.com.
We do not monitor or review the content of other party’s Websites that are linked to / from the Website/App. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by Us and We should not be regarded as the publisher
of such opinions or material. Please be aware that We are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware and to read the privacy statements of these sites, when they leave our Website/App. The User should evaluate the security and trustworthiness of any other site – connected to the Website/App or accessed through the Website/App – himself / herself, before disclosing any Personal Information to them. We will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from the User’s disclosure of Personal Information to third parties.
Other than when expressly allowed, any use of Our content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or
other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is prohibited.
The User posting any form of content on the Website/App must verify the truthfulness and authenticity of the particulars of the content, including the time, place and nature of the content being posted. Before allowing such content to be posted on the Website/App, We have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the User posting such content, if We feel that there is a need to check such accuracy.
We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if deemed necessary. Notwithstanding this, We can in no way be held liable for any false or misleading information.
In case any content is considered to be unlawful or against the law within any jurisdiction in which our Website/App can be seen and accessed, it shall be removed forthwith by Us on being intimated by the authorities of the respective jurisdiction that such content is in breach of the law of that jurisdiction. We cannot be held liable or questioned for the same.
- Information Collected: We may collect the following information:
- Personal data of the User such as, but not limited to, name, age, date of birth, occupation and gender;
- The User's email and contact information and GPS based location;
- The User's racking information such as, but not limited to, the device ID, Google ID and Android ID;
- The User’s data sent across through the Website/App;
- As a User of the Website/App, the User may provide information about himself / herself, User’s spouse or family, User's friends, and their health issues, gender, age, previous medication taken, previous medical conditions, allergies, etc.
- The Information specified above and collected by Us may be classified as 'Personal Information' or 'Sensitive Information' under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. Collection of information which has been designated as ‘sensitive personal data or information’ under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 requires the User’s
- External Links on the Website/App: The Website/App may include offers from Our vendors, advertisements, and hyperlinks to other websites, applications, content or resources. We have no control over such external links present in the Website/App, which are provided by persons or companies other than Us.
We may allow third parties / individuals to display advertisements when the User uses the Website/App.
- Our Use of the User’s Personal Information: The information provided by the User shall be used to contact the User when necessary. For more details about the nature of such communications, please refer to the ‘Communication’ clause at serial number 3 above. We use the User’s tracking information to help identify the User and to gather broad demographic information. The information is also used to customise the User’s experience of using the Website/App.
We may release the User’s Personal Information to third parties in order to comply with a Court Order or other similar legal processes, or when We believe, in good faith, that such disclosure is necessary to comply with the law or prevent imminent physical harm or financial loss or investigate or take action regarding illegal activities, suspected fraud, or violations of the terms and conditions of service / use set out in this agreement.
In case We are acquired by or merged with another company, We shall transfer the Personal Information disclosed by the User and Personal Information about the User to the company / firm We are acquired by or merge with. The information made available by Patients is displayed to the Doctors and vice versa. The information collected from the Doctors is displayed on the Website/App to enable a User to connect with the Doctor of their choice.
- Disclosure of The User's Personal Information to third parties: When the User uses the Website/App, We must provide a part of the User's Personal Information to third parties to give the User better services and for enhancement and visibility of the Website/App. However, We do not sell or rent individual customer names or other Personal Information to third parties except sharing of such information with Our alliance partners or vendors who are engaged by Us for providing various promotional and other benefits to our customers from time to time.
We may share Our data, including the User’s Personal Information, with Our parent and / or subsidiaries that are committed to serving the Users needs through use of the Website/App and related services, throughout the world.
We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can, and the User so authorise Us to, disclose the User’s Personal Information to law enforcement and other government officials as We, in Our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose Us / the User to any legal liability.
We gather data such as personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for other marketing and promotional purposes. However, in these situations, We do not disclose to these entities any information that could be used to identify the User personally. We may use third-party advertising companies to serve advertisement on Our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
- USER OBLIGATIONS: The User is a restricted User of the Website/App under the following circumstances as mentioned below:
- The User is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website/App. With Our prior permission, however, a limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/App is not permitted. The User shall not, nor allow third parties on his / her behalf to:
- Make and distribute copies of the Website/App.
- Attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompiled, transfer, exchange or translate the Website/App;
- Create derivative works of the Website/App of any kind whatsoever.
- The User agrees not to access (or attempt to access) the Website/App and / or the materials or services of the Website/App by any means other than through the interface that is provided by the Website/App. The use of deep link, robot, spider or other automatic devise, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/App or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/App, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/App. The User acknowledges and agrees that accessing or using the Website/App or services may expose the User to content from other Users that the User may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/App. However, in such cases, the User may report such offensive content by sending Us an email at firstname.lastname@example.org.
- The Website/App by nature allows the User to upload information. The User undertakes to ensure that such material is in accordance with applicable laws. Further, the User undertakes not to:
While We shall not be held liable or answerable to anyone for any such acts on the User’s part, violation of this clause would lead to potential criminal legal action against such a User, either by other Users of the Website/App or by Us. We can (and the User hereby expressly authorises Us to) disclose any information about the User to law enforcement or other government official, as We, in Our sole discretion, believe necessary or appropriate or appropriate in connection with the investigation and/ or resolution of possible crimes, especially those that may involve personal injury. The User understands that We have the right at all times to disclose any information (including the identity of the persons providing information or material on the Website/App) as necessary to satisfy any law, regulation or valid governmental request. This mayinclude, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the Website/App or the services (or the servers and networks which are connected to the Website/App);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his / her affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation Women (Prohibition) Act, 1986;
- Post any file that infringes the copyright, patent or trademark of other legal entities.
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/App or another’s computer;
- Download any file posted by another User of a service that he / she knows, or reasonably should know, cannot be legally distributed in such manner;
- Probe, scan or test the vulnerability of the Website/App or any network connected to the Website/App, nor breach the security or authentication measures on the Website/App or any network connected to the Website/App. The User may not reverse look up, trace or seek to trace any information on any other User, of or visitor to, the Website/App, or any other customer of the Website/App, including any account not owned by the User to its source or exploit the Website/App or service or information made available or offered by or through the Website/App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than the User’s own information, as provided for by the Website/App;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website/App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website/App or any affiliated or linked sites;
- Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this section.
- Use the Website/App or any material or content for any purpose that is unlawful or prohibited by these terms and conditions of service / use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website/App or other third parties;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Violate the terms and conditions of service / use, including but not limited to, any applicable additional terms of the Website/App contained herein or elsewhere;
- Violate any code of conduct or other guidelines, which may applicable for or to any particular service;
- Threaten 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.
- Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
- Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- Create liability for Us or cause Us to lose (in whole or in part) the services of are internet service provider ("ISPs") or other suppliers;
We have no obligation to monitor the material posted on the Website/App. We shall have the right to remove or edit any content that in its sole discretion violates or alleges to violate, any applicable law or either the spirit or letter of these terms and conditions of service / use. Notwithstanding this right, THE USER REMAINS SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS THE USER POST ON THE WEBSITE/APP. In no event shall We assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and /or appearance of content on the Website/App. The User hereby represents and warrants that he / she have all necessary rights in and to all content which he / she provides and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortures, or otherwise unlawful information.
- CANCELLATION AND REFUND POLICY: In case of cancellation or non-confirmation of any appointment by Us due to any reasons, whether or not such a reason is attributable to the Doctor, We will refund to the User the appointment / consultation charges, paid by the User using the payment method(s) provided for in the Website/App in booking such appointment, excluding the amount paid by the User towards the government taxes and transaction fees charged by any intermediary.
In case the User cancels his / her appointment, then the following shall apply:
|TIME BEFORE APPOINTMENT
|Up to 48 hours from the time of appointment
|From 24 to 48 hours from the time of appointment
||20% of the fee charged for appointment will be deducted
|From 12 to 24 hours from the time of appointment
||50% of the fee charged for appointment will be deducted
|Less than 12 hours from the time of Appointment
||100% of the fee charged for appointment will be deducted/ no refund
- LOCATION: Presently, We book appointments for video or telephonic consultations as per the availability of the Doctors chosen by the User as per his / her medical needs. We DO NOT book appointments for the direct consultation of the Doctor as per the physical location of the User and as per the availability of the Doctors in that particular locality or area or city.
- DISCLAIMERS: THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE USER SHALL USE OUR SERVICES AT HIS / HER OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN ‘AS IS’ BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN THE USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF THE USERS OR OTHER THIRD PARTIES. THE USER RELEASES US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS / PARTNERS, OFFICERS, EMPLOYEES AND AGENTS (TOGETHER) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER ‘CLAIM’) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM THE USER HAS AGAINST ANY THIRD PARTIES. THE USER UNDERSTANDS AND AGREES THAT WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO INVALID COUPON. WE ACCEPT NO LIABILITY FOR ANY ERROR OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO THE USER WHETHER ON BEHALF ITSELF OR THIRD PARTIES. WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES.
The User understands that the Website/App is a platform that Users utilise to book appointments for video or telephonic consultations as per the availability of the Doctors chosen by the User as per his / her medical needs. Even though We take all necessary
steps to verify the authenticity of the Doctors, the User understands that We shall not be liable for any deficiencies including, but not limited to, misconduct, injury caused or lack of knowledge at the Doctor’s end. We are not a party to such interaction and take no liability that arises from any such acts of the Doctor.
WEBSITE/APP DOES NOT PRACTICE MEDICINE OR ANY OTHER LICENSED PROFESSION, AND DOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE OR ANY OTHER PROFESSION UNDERTAKEN BY THE DOCTORS, EACH OF WHOM IS RESPONSIBLE FOR HIS OR HER SERVICES AND COMPLIANCE WITH REQUIREMENTS APPLICABLE TO HIS OR HER.
All the Doctors who deliver services through the Website/App are independent professionals solely responsible for the services each provides to the User. THE WEBSITE/APP DOES NOT PRACTICE MEDICINE OR ANY OTHER LICENSED PROFESSION, AND DOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE OR ANY OTHER PROFESSION UNDERTAKEN BY THE DOCTORS, EACH OF WHOM IS RESPONSIBLE FOR HIS OR HER SERVICES AND COMPLIANCE WITH REQUIREMENTS APPLICABLE TO HIS OR HER PROFESSION AND LICENSE. Neither the Website/App nor any third parties who
promote the services or provide the User with a link to the services shall be liable for any professional advise the User obtains from Doctors via such services.
FURTHER, THE USER UNDERSTANDS THAT BY SIGNING THESE TERMS AND CONDITIONS OF SERVICE / USE, THE USER ACKNOWLEDGED THAT THERE EXISTS NO PATIENT-DOCTOR RELATIONSHIP BETWEEN THE USER AND THE WEBSITE/APP, AS WELL AS BETWEEN THE USER AND THE DOCTOR ON PORTAL.
THIS INTERACTION BETWEEN DOCTOR AND USER IN NO WAY SUBSTITUTES PHYSICAL OR IN PERSON CONSULTATION.
All communications between the Doctor and the User are in the nature of separate transactions, which includes without any limitation all warranties related to consultation and post-consultation services related to the appointment. We do not have any control
over such information and play no determinative role in the finalisation of the same and hence, do not stand liable for the outcomes of such communications.
We do not endorse any specific Doctor on the Website/App nor place any guarantee as to the quality and value of such Doctors. Any such recommendations made by other Users and / or the Website/App does not verify or acknowledge the same.
Further, We may suggest apt treatments or services in accordance with the information provided by the User within our knowledge, but We do not guarantee any effectiveness or success of using these services. Subject to above-stated condition, a contract exists between the Doctor and the User and as such any breach of contract and thus, any claim arising from such breach, is the subject matter of the Doctor and the User alone and We are in no way a party to such breach or involved in any suit arising from the same breach.
Even though We authenticate and approve the Doctors, the User is expected to check the creditworthiness of the Doctor and the genuineness of that Doctor’s skill. We are not liable for the same. We are in no way liable for any deficiency of services that may
We are not liable for the general conduct of the Doctor and We shall not be liable for any unwarranted act performed by the Doctor. The User is advised to ensure his / her safety.
The content on the Website/App is general in nature and summarised, and is provided for informational purpose only. The content of the Website/App, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals,
does not constitute professional advice, or recommendation of any kind.
We do not assure any liability for the contents of any material provided on the Website/App through advertisements by the third parties. Reliance on any information provided by Us, other visitors to the Website/App or by the third parties through advertisement is solely at the User’s own risk. We assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in materials provided to the User. We reserve the right to change or discontinue, at any time, any aspect or feature of the Website/App. The User do hereby grants Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights he / she has in his / her information, in any media now known or not currently known, with respect to his / her information to enable Us to use the information for the purpose of providing the Services.
The User release and indemnify Us and / or any of our officers and representative from any cost, damage, liability or other consequence of any kind of the actions of other Users of the Website/App and specifically waive any claims that the User may have in this regard under any applicable law. Please note that there could be risks in dealing with underage persons or people acting under false pretense.
- INDEMNIFICATION AND LIMITATION OF LIABILITY: THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE WEBSITE/APP INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY THE USER PURSUANT TO THESE TERMS AND CONDITIONS OF SERVICE / USE. THE USER AGREES TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, THE USER’S USE OF THE WEBSITE/APP, ANY CLAIM THAT THE USER’S MATERIAL CAUSED DAMAGE TO A THIRD PARTY, THE USER’S VIOLATION OF THE TERMS AND CONDITIONS OF SERVICE / USE, OR THE USER’S VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- SEVERABILITY If a provision of these terms and conditions of service / use is determined by any court or other competent authority to be unlawful and / or unenforceable, the other provisions will continue in effect. If any unlawful and / or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted only, and the rest of the provision will continue in effect.
- VIOLATION / BREACH OF THESE TERMS AND CONDITIONS OF SERVICE / USE: Without prejudice to Our other rights under these terms and conditions of service / use, the User’s rights under the agreement may automatically terminate without notice if the User fail to comply with its terms. If the User do not comply with the terms and conditions of service / use, We have the right to take any action We deem appropriate. We may terminate the agreement or restrict, suspend or terminate the User’s access to the Website/App or the User’s use of the service at Our discretion without notice at any time and / or bringing court proceedings against the User, including if We determine that the User's use violates the agreement, is improper, substantially exceeds or differs from normal use by other Users, or otherwise involves fraud or misuse of the service or harms our interests or those of another User of the service or of a third party.
- NO WAIVER: Our failure to insist upon or enforce the User’s strict compliance with the agreement will not constitute a waiver of any of Our rights.
- Mediation: In case of any dispute between the parties, the parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both parties. In the event that the parties are unable to reach such an amicable solution within thirty (30) days of one party communicating the existence of a dispute to the other party, the dispute will be resolved by arbitration, as detailed here in below.
- Arbitration: In the event that the parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator, who shall be appointed by the Website/App, and the award passed by such sole arbitrator will be valid and binding on both parties. The parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Amritsar in the state of Punjab, India. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Amritsar shall have exclusive jurisdiction over any disputes arising between the parties.
- MISCELLANEOUS: We reserve the right to change these terms and conditions of service / use at any time in its discretion and to notify users of any such changes solely by changing this terms and conditions of service / use. The User’s continued use of the Website/App after the posting of any amended terms and conditions of service / use shall constitute the User’s agreement to be bound by any such changes. The User’s use of this Website/App prior to the time this terms and conditions of service / use were posted will be governed according to the terms and conditions of service / use that applied at the time of the User’s use. We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or User at any time for any reason. In addition, we may at any time transfer rights and obligations under this agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Us or any of their assets. We hereby reserve the right to block usage of the Website/App if any breach of the terms and conditions of service / use is caused by the User. This can in no way be construed as a waiver of any legal right under Indian law to claims any damages or initiate any legal proceedings against the User.