1. GENERAL TERMS AND CONDITIONS
Thank you for visiting Dr India mobile app. Please read the Terms and Conditions contained in this document carefully since any use of this mobile app and all services constitute your acceptance of the Terms and Conditions set out herein. If you do not agree to these Terms and Conditions, please do not use this website or any other services. This mobile application is operated by Dr India Health Services Private Limited.
We provide Dr India mobile app users with access to the following services:
- a wide array of doctors,
- hospitals, nursing homes & clinics,
- Doc-talk & Second Opinion,
- Diagnostic Centres and Path Labs,
- Beauty and Fitness,
- Aesthetic & Cosmetic Surgery,
- Nursing Care,
- Pharmacy & Medical Accessories,
- Medical Assistants,
- Health Care Packages,
- Articles & News; and
- Health Insurance.
These services may be provided to you in a variety of mediums and devices now known or hereinafter developed mobile applications and tablet(mobile device). The resources to reach abovementioned services shall include, without limitation, websites, tools and applications, and sponsored programming (collectively, the “Services”).
Please note that the services provided by Dr India are not for any medical emergency situations. These services are for a general use by the users to give them an easy medium for finding the above mentioned services.
Please note that the services provided by Dr India are free of cost and absolutely free with no additional fees to be paid by the users to us. There would be a direct payment made by the user to the consultants, doctors, hospitals, pharmacies, labs, beauticians, or any other agencies which the user comes into contact through Dr India application. Dr India is not responsible for any disputes arising for the use of services or the payments to be made on the services provided by Dr India.
Charges to be paid for the Service of Doc-Talk & Second Opinion – There would be a minimal amount of INR [?] to be paid to the service of Doc-Talk & Second Opinion on the website of Dr India.
REFUND POLICY: The services provided on Dr India which are charged for would be refunded if the services are not provided as per the understanding between the user and us. The refund would be made within a period of one week for such failure of the service, if any.
We reserve the right to change, modify, add, or remove these Terms and Conditions at any time, and you agree (including by virtue of your continued use of our services) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance our services shall be subject to these Terms and Conditions. Please check these Terms and Conditions periodically for any modifications. Change any fees or charges for use of any of the services provided on a later date.
The Services may contain links to third-party sites or resources. Dr India mobile app is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Transactions that occur between you and any third-party are strictly between you and the third-party and are not the responsibility of Dr India mobile app. Because we are not responsible for the availability or accuracy of these outside resources or their contents, you should review the Terms and Conditions and privacy policies of these linked sites, as their policies may differ from ours.
We welcome links to the Site. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by Dr India mobile app. No changes or modifications to Dr India mobile app brand names or logos may be made. Use of Dr India mobile app brand names, or logos for purposes other than linking to the Dr India website if any, is expressly forbidden. The brand names and logos must not be used or associated with any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory, or unlawful site or materials in any way, or in any manner that would adversely affect the name, reputation, and goodwill of Dr India and its products. We retain and reserve all rights in and to Dr India trade names, trademarks, copyrights, and all other intellectual property with respect to its domain names, brand names, and logos. Dr India reserves the right to cancel the Permission at any time and for any reason. Upon receipt of such notification, use of the domain names, brand names, or logos must cease and the link between the web sites must terminate. Use of Dr India trademarks, trade names, logos, copyrighted material, or any other intellectual property of Dr India for any purpose not stated herein is expressly forbidden.
D) LEGALLY-COMPELLED DISCLOSURE OF USER INFORMATION
You agree that in the event we receive a subpoena or order issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP address, or other information in response thereto.
E) SYSTEMS RELIABILITY
Dr India aims to keep Services available twenty-four (24) hours a day, seven (7) days a week, and to maintain saved information. However, Dr India shall not be liable for lost, altered, or corrupted information or non-availability of the Services.
F) PROHIBITED ACTIVITIES
You are prohibited from doing any act that Dr India in its absolute discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to these services including, but
not limited to:
- Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual's consent) or any other of the legal rights of individuals;
- Using these services to defame or libel Dr India, its employees, or other individuals or acting in such a way that brings into disrepute the good name of Dr India;
- Uploading files that contain viruses that may cause damage to the property of Dr Indiaor the property of other individuals; and
- Posting or transmitting to these services any unauthorized material including, but not limited to, material that is in our opinion likely to cause annoyance, detrimental to or in violation of Dr India’s or any third party’s systems or network security, libelous, defamatory, racist, obscene, threatening, pornographic, profane, or is otherwise unlawful.
G) DISCLAIMER OF WARRANTIES AND LIABILITY
Neither Dr India nor its licensors makes any warranty whatsoever, including without limitation, that the operation of the Services will be uninterrupted or error-free; that any defects will be corrected; that the Services, including the servers that makes it available, is free of viruses or other harmful components; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of any Content, product or service provided on, accessible from or distributed through the Services.
THE SERVICES, INCLUDING ALL CONTENT AND PRODUCTS, INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH DR INDIA DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SERVICES AND THEIR CONTENT AND PRODUCTS IS AT YOUR SOLE RISK.
To the extent permitted under applicable law, no responsibility is assumed for any injury and/or damage to persons, animals, or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products, or procedures contained in the Services. Medical and health care providers should exercise their own independent clinical judgment. No suggested test or procedure should be carried out unless, in the provider's judgment, its use is justified. Because of rapid advances in the medical sciences, we recommend that the independent verification of diagnoses, indications, and drug dosages should be made. Discussions, views, and recommendations as to medical or health care procedures, methods, products, choice of drugs, and drug dosages are the responsibility of the authors and should be checked with current medical guidelines, hospital procedures, and pharmaceutical manufacturers.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL DR INDIA OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, PERSONAL INJURY (INCLUDING DEATH), LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR ITS CONTENT, PRODUCTS OR SERVICES, OR SHALL THE LIABILITY OF MD AWARE OR ITS SUPPLIERS AND LICENSORS EXCEED A SUM EQUAL TO THE FEES PAID BY YOU HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Dr India does not claim ownership, endorse, or take responsibility for any third-party products, information, guidelines, materials, or services that may be offered, advertised, provided, or displayed on the Services or incorporated in the Content, products or services contained on, accessible from or distributed throughout the Services.
Dr India would not be liable or held responsible for transactions, consultations that would be between the user and the doctors, nurses, consultation centres, agencies and all the other services provided through this application which you use. Any claims, discrepancies, grievances would be pursued personally and without making Dr India a part of such claims, discrepancies or grievances
H) RESTRICTIONS AND RIGHT TO TERMINATE
Dr India reserves the right, in its sole discretion, to restrict the users of its app content, from availing and using with intention to misuse its services and contents in the app. Further it reserves the right to terminate accounts of users at any time if any default, unwanted and undesirable behaviour or activity caused by users comes to notice of Dr India’s management. It also reserves the right, in its sole discretion, to update, change, limit or discontinue or terminate any aspect, content or feature of the app, as well as any aspect pertaining to the use of the app.
I) MOBILE SERVICES
If Dr India permits or makes available to you the ability to: (a) upload content to the services via your mobile telephone and/or tablet (“mobile device”), (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the services from your mobile device or (d) to access features through a mobile application you have downloaded and installed on your mobile device (collectively “Mobile Services”), your mobile carrier’s standard data, Internet, messaging, and other service fees and charges apply to your use of, and access to, the Mobile Services, and you are solely responsible for all such fees and charges. The Mobile Services may not be compatible with all mobile devices, carriers, and services, and Dr India does not make any representations or warranties regarding such compatibility. You are solely responsible for ensuring that your mobile device is compatible with the type of content being provided through the Mobile Services. You understand that content delivered as part of the Mobile Services may be delivered to your device through premium mobile services and acknowledge that you are solely and exclusively responsible for any charges for such services, including, but not limited to, any roaming charges.
You may be given the option to register to receive commercial messages from Dr India via your mobile device. You understand that you may be charged by your wireless service provider in connection with the receipt of such messages. You may “opt out” of receiving future messages by following the instructions provided (i) in the wireless messages or (ii) on the website where you registered to receive such messages.
You hereby agree to indemnify and hold Dr India, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers, and licensors harmless from and against any and all claims of liability, losses, damages, and costs, including, without limitation, reasonable attorneys' fees, arising from any violation by you of these Terms and Conditions or in connection with your use of or inability to use the Services or its Content, products, or services. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this clause. In such event, you shall provide us with such cooperation as is reasonably requested by us.
K) JURISDICTION AND GOVERNING LAW
The Dr India products, services, materials, offers, and information appearing on this mobile app are intended for users and/or customers in India only. Dr India makes no representation that the products, services, and content of this mobile app are appropriate or available in locations other than India. You and Dr India agree that any controversy or claim arising from or pertaining to the use of this mobile app shall be governed by the laws and under jurisdiction of Pune without giving effect to its choice-of-law provisions, and be submitted to the exclusive jurisdiction of the courts of Pune.
2. USER CONTENT SUBMISSION GUIDELINES
We may allow you to comment on and participate in interactive features on our mobile app or in social communities owned by Dr India. We may also allow you to submit content and materials for use on our mobile app via our online submission form or email. The things you post or submit for use on our mobile app are “User Content”.
You agree to these submission guidelines (“Guidelines”), our full Terms and Conditions, and any additional terms by submitting User Content.
A) ALL USER CONTENT SUBMITTED TO US
You agree that your User Content are accurate and complete. You also agree that:
Your User Content is created exclusively by you. This means that you did not copy it from any other source. If you did not create your User Content, anyone that created it or helped create it must give you permission to submit your User Content to us. You must obtain consent and a release from any person (or the legal guardians of any persons) depicted in your User Content before you submit it with full knowledge from these persons that we may exploit it in any manner whatsoever. Anyone you get consent from must understand that we will use the content you submit in any manner we think is appropriate.
Your User Content does not threaten or disparage others. This includes not harassing or intimidating other users. It also includes not defaming or libelling anyone. Your User Content does not use hateful language. This includes not making negative comments connected to race, national origin, or religion. You also cannot disparage someone because of their gender, age, or sexual preference.
Your User Content does not disclose confidential or personal information about others. Your User Content will only disclose personal information with the other person’s consent. This also means that your User Content does not include information you must keep confidential under contract. This also means that your User Content does not violate anyone’s privacy or publicity rights.
B) USER CONTENT POSTED ON OUR APP
We love to see all your comments, photos, and videos. By submitting or uploading your story, comment, photo, or video, you are authorizing Dr India to use, publish, and otherwise reproduce, modify, and distribute Community Content with or without your name in perpetuity, worldwide in any and all Dr India related media for any lawful purpose. These uses may include, but are not limited to, information, education, promotion, or advertising of Dr India or its products via the Internet, web sites, mobile apps, and social media. If individuals other than you appear in the photo or video, you must have permission to use the photo or video from the individuals.
C) CONTENT AND LIMITATIONS ON USE
All content contained on or accessed from the app, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, images, applications, programs, computer code and other information (collectively, the “Content”), including, but not limited to, the design, layout, “look and feel” and arrangement of such Content, is owned by Dr India and is protected by copyright, trademark, and other intellectual property and unfair competition laws.
You may print or download Content from the Services for your own personal, non-commercial, informational, or scholarly use, provided that you keep intact all copyright and other proprietary notices.
You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, or create other derivative works from, or sell, rent or license all or any part of the Content, products, or services obtained from the Services in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, relevant license or subscription agreement or authorization by us.
You may not reverse engineer, disassemble, decompile, or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in systematic retrieval of Content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our prior written permission.
Unless expressly authorized by us, you may not use any robots, spiders, crawlers, or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link, or index any Content; (ii) harvest personal information from the Services for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Services or any other person’s use of the Services. If the Services contain robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software, or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the mobile app, or any of the products or services provided on, accessed from or distributed through the Services. You may not probe, scan, or test the vulnerability of the Services or any network connected to the Site or breach the security or authentication measures on the Services or any network connected to the Site.
D) CHANGES TO THESE GUIDELINES
From time to time, we may change these Guidelines. We will post changes here, so check back every now and then. If you continue to use the Services after we post any changes to these Guidelines, you agree to be bound by those changes. If you do not accept these changes, you must stop submitting content to this Site, our other sites and our services.
In the event of any conflict between these terms and the full Terms and Conditions, the full Terms and Conditions shall be deemed to apply.