Terms & Conditions
Docconsult Services LLP (“Docconsult”)
is the author and publisher of the internet resource
and the mobile application ‘Docconsult’ (together, “Website”).
Docconsult owns and operates the services provided through the Website.
- 1. NATURE AND APPLICABILITY OF TERMS
Please carefully go
through these terms and conditions ("Terms”) and the privacy
policy available at www.Docconsult.in/privacy (“Privacy
Policy”) before you decide to access the Website or avail the services
together constitute a legal agreement (“Agreement”) between you and
Docconsult 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 representatives or
affiliates, 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 Docconsult 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 (1) create and maintain ‘Health Accounts’, (2) search for Practitioners by
name, specialty, and geographical area, or any other criteria that may be
developed and made available by Docconsult, and (3) to make appointments with Practitioners.
The Services may change
from time to time, at the sole discretion of Docconsult, 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
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 support@Docconsult.in.
By downloading or
accessing the Website to use the Services, you irrevocably accept all the
conditions stipulated in this Agreement, the
Terms of Service
, as available on the Website, and agree to abide by them.
This Agreement supersedes all previous oral and written terms and conditions
(if any) communicated to you relating to your use of the Website to avail the
Services. By availing any Service, you signify your acceptance of the terms of
We reserve the right to
modify or terminate any portion of the Agreement for any reason and at any
time, and such modifications shall be informed to you in writing You should
read the Agreement at regular intervals. Your use of the Website following any
such modification constitutes your agreement to follow and be bound by the
Agreement so modified.
You acknowledge that you
will be bound by this Agreement for availing any of the Services offered by us.
If you do not agree with any part of the Agreement, please do not use the
Website or avail any Services.
Your access to use of the
Website and the Services will be solely at the discretion of Docconsult.
The Agreement is published
in compliance of, and is governed by the provisions of Indian law, including
but not limited to:
the Indian Contract Act,
the (Indian) Information
Technology Act, 2000, and
the rules, regulations,
guidelines and clarifications framed there under, including the (Indian)
Information Technology (Reasonable Security Practices and Procedures and
Sensitive Personal Information) Rules, 2011 (the ”SPI Rules”), and the
(Indian) Information Technology (Intermediaries Guidelines) Rules, 2011
(the ”IG Rules”).
You must be 18 years of
age or older to register, use the Services, or visit or use the Website in any
manner. By registering, visiting and using the Website or accepting this
Agreement, you represent and warrant to Docconsult 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
TO ALL USERS OTHER THAN PRACTITIONERS
The terms in this Clause 3
are applicable only to Users other than Practitioners.
3. A END-USER ACCOUNT AND DATA PRIVACY
3. A .(i) The terms “personal
information” and “sensitive personal data or information” are defined under the
3. A .(ii) Docconsult
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 Docconsult’s
services and to build new services.
3. A .(iii) The Website
allows Docconsult to have access to registered Users’ personal email or phone
number, for communication purpose so as to provide you a better way of booking
appointments and for obtaining feedback in relation to the Practitioners and
3. A .(iv) 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 Docconsult
will disclose such information; and,
Other information mandated
by the SPI Rules.
3. A .(v) The User is
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 nature of collection
and retention of the information; and
the name and address of
the agency that is collecting the information and the agency that will retain
the information; and
the various rights
available to such Users in respect of such information.
3. A .(vi) Docconsult 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 Docconsult or to any other
person acting on behalf of Docconsult.
3. A .(vii) 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 Docconsult of
any actual or suspected unauthorized use of the User’s account or password.
Although Docconsult will not be liable for your losses caused by any unauthorized
use of your account, you may be liable for the losses of Docconsult or such
other parties as the case may be, due to any unauthorized use of your account.
3. A .(viii) If a User
provides any information that is untrue, inaccurate, not current or incomplete
(or becomes untrue, inaccurate, not current or incomplete), or Docconsult has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Docconsult has the right to discontinue the Services to
the User at its sole discretion.
3. A .(ix) Docconsult may
use such information collected from the Users from time to time for the
purposes of debugging customer support related issues.
3. A .(x) Against every
Practitioner listed in Docconsult.in, you may see a ‘show number’ option. When
you choose this option, you choose to call the number through a free telephony
service provided by Docconsult, and the records of such calls are recorded and
stored in Docconsult’s servers. Such records are dealt with only in accordance with
Docconsult should be used only for appointment and booking purposes, and not
for consultation on health-related issues. Docconsult accepts no liability if
the call facility is not used in accordance with the foregoing.
3. B. RELEVANCE ALGORITHM
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 Docconsult. Docconsult will not be liable for any
change in the relevance of the Practitioners on search results, which may take
place from time to time. The listing of Practitioners will be based on
automated computation of the various factors including inputs made by the Users
including their comments and feedback. Such factors may change from time to
time, in order to improve the listing algorithm. Docconsult in no event will be
held responsible for the accuracy and the relevancy of the listing order of the
Practitioners on the Website.
3. C. LISTING CONTENT AND DISSEMINATING INFORMATION
3. C. (i) Docconsult
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. Docconsult takes reasonable efforts to
ensure that such information is updated at frequent intervals. Although
Docconsult 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.
3. C. (ii)The Services
provided by Docconsult 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). Docconsult does not provide or make any representation,
warranty or guarantee, express or implied about the Website or the Services.
Docconsult 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, Docconsult 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 Docconsult or any User in
relation to any User or services provided by such User.
3. C. (iii)The Website may
be linked to the website of third parties, affiliates and business partners.
Docconsult 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 Docconsult endorses the linked site. User may use the links and these
services at User’s own risk.
3. C. (iv).Docconsult
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 from the Website. If a User is
dissatisfied with the Website, User’s sole remedy is to discontinue using the
3. C. (v) If Docconsult
determines that you have provided fraudulent, inaccurate, or incomplete
information, including through feedback, Docconsult reserves the right to
immediately suspend your access to the Website or any of your accounts with
Docconsult and makes such declaration on the website alongside your name/your
clinic’s name as determined by Docconsult for the protection of its business
and in the interests of Users. You shall be liable to indemnify Docconsult for
any losses incurred as a result of your misrepresentations or fraudulent
feedback that has adversely affected Docconsult or its Users.
3. D. APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS
3. D. (i) While Docconsult
will try to ensure a confirmed appointment for an End-User who requested an
appointment on Website, Docconsult does not guarantee that a patient will get a
confirmed appointment. Further, Docconsult 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.
3. D. (ii) Docconsult
provides value added telephonic services which connects Users directly to the
Practitioners and the information exchanged between the User and the
However, it is at the discretion of the User, to avail the Service. If a User
has used the telephony service, Docconsult reserves the right to share the
contact details of the User with the Practitioners contacted.
3. D. (iii) 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 Docconsult
responsible for any such interactions and associated issues. For avoidance of
doubt, Docconsult 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. The results of any search you perform on the
Website for Practitioners should not be construed as an endorsement by
Docconsult of any such particular Practitioner. Docconsult 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.
3. D. (iv) Without prejudice
to the generality of the above, Docconsult will 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
any misconduct or
inappropriate behaviour 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.
3. D. (v) Further, Docconsult
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 Docconsult’s sole discretion and may be modified or
withdrawn at its sole discretion. Docconsult may moderate such feedback at any
time. Docconsult 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.
3. D. (vi) Online
Appointment Booking facility is governed by Terms of Service listed in schedule 3.
3. E. NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR
3. E. (i) 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 Docconsult and you and does
not constitute an opinion, medical advice, or diagnosis or treatment of any
particular condition, but is only provided to assist you with locating
appropriate medical care from a qualified practitioner.
3. E. (ii) It is hereby
expressly clarified that, the Information that you obtain or receive from
Docconsult, 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. E . (iii) 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 contact an ambulance service or hospital
3. F. (i) Docconsult Consult
is a feature on the application that enables Practitioners and patients to
connect with each other through: 'Consult Basic' model and
'Consult Direct' model:
The Basic Consult model:
Enables Users to connect with Practitioners by posting health related queries
on the application, which will be visible on the public health feed.
Practitioners can respond to such queries using a special software application
provided to Practitioners by Docconsult. The public queries posted by the Users
are sent to multiple Practitioners, chosen through a fully automated system.
The automated system chooses Practitioners based on inter alia the information
furnished by each Practitioner, the number of questions answered by the
Practitioner and the rating or reviews procured by the Practitioner. Docconsult
will not be responsible for the Practitioners chosen to respond to the queries.
3. F. (ii) Terms for Practitioners:
The Practitioner shall
reply to the patient after receiving patient’s communication. In case of
non-compliance with regard to reverting/ adhering to the applicable
laws/rules/regulations/guidelines by the Practitioner, Docconsult has the right
to show other available Practitioners to the patient or remove Practitioners
from the platform/Docconsult application/site.
understands and agrees that, Docconsult shall at its sole discretion, at any
time be entitled to, show other Practitioners available for consultation.
The Practitioner further
understands that, there is a responsibility on the Practitioner to treat the
patients on this model, as the Practitioner would have otherwise treated the
patient on a physical one-on-one consultation model.
The Practitioner has the
discretion to cancel any consultation at any point in time in cases where the
Practitioner feels, it is beyond his/her expertise or his/her capacity to treat
the patient. In such cases, patient has the option of choosing other
The Practitioner shall at
all times ensure that all the applicable laws that govern the Practitioner
shall be followed and utmost care shall be taken in terms of the consultation
acknowledges that should Docconsult find the Practitioner to be in violation of
any of the applicable laws/rules/ regulations/guidelines set out by the
authorities then Docconsult shall be entitled to cancel the consultation with
such patient or take such other legal action as may be required.
It is further understood
by the Practitioner that the information that is disclosed by the patient at
the time of consultation, shall be confidential in nature and subject to
patient and Practitioner privilege.
The Practitioner shall
ensure patient’s consent is obtained prior to uploading the prescription/health
records of the patient on the account of the patient during such consultation.
3. F. (iii) Terms for Patients:
The User hereby grants
consent to Docconsult to feature the queries posted by the User on the
Docconsult Basic model and agrees that any such information provided by the
Docconsult Consult is
intended for general purposes only and is not meant to be used in
emergencies/serious illnesses requiring physical consultation. Further, if the
Practitioner adjudges that a physical examination would be required and advises
‘in-person consultation’, it is the sole responsibility of the patient, to book
an appointment for physical examination and in-person consultation whether the
same is with the Practitioner listed hereunder or otherwise. In case of any
negligence on the part of the patient in acting on the same and the condition
of the patient deteriorates, Docconsult shall not be held liable. All the
The User understands and
agrees that Docconsult Consult, is merely a consulting model, any interactions
and associated issues with the Practitioner on Docconsult Consult including but
not limited to the User’s health issues and/or the User’s experiences is
strictly between the User and the Practitioner. The User shall not hold
Docconsult responsible for any such interactions and associated issues.
As a User, you understand
that, Docconsult is not a medical service provider, nor is it involved in
providing any healthcare or medical advice or diagnosis, it shall hence not be
responsible for any outcome from the consultation between the User and the
Docconsult Consult is a
platform being made available to Users to assist them to obtain consultation
from Practitioners and does not intend to replace the physical consultation
with the Practitioner.
You understand that, your
conversations with the Practitioner may be retained in our database, for legal
and/or administrative requirements (example: to resolve issues raised by Users
either for refund or to conduct investigation in case of issues raised by
If you decide to engage
with a Practitioner to procure medical services to you, you shall do so at your
own risk. Docconsult shall not be responsible for any breach of service or
service deficiency by any Practitioner.
3. G. CONTENT OWNERSHIP AND COPYRIGHT
CONDITIONS OF ACCESS
3. G. (i) The contents
listed on the Website are (i) User generated content, or (ii) belong to
Docconsult. The information that is collected by Docconsult directly or
indirectly from the End- Users and the Practitioners shall belong to
Docconsult. Copying of the copyrighted content published by Docconsult on the
Website for any commercial purpose or for the purpose of earning profit will be
a violation of copyright and Docconsult reserves its rights under applicable
3. G. (ii) Docconsult
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 (collectively, ”Docconsult
Content”), are the property of Docconsult and are protected under copyright,
trademark and other laws. User shall not modify the Docconsult Content or
reproduce, display, publicly perform, distribute, or otherwise use the
Docconsult Content in any way for any public or commercial purpose or for
3. G. (iii) User shall not
access the Services for purposes of monitoring their availability, performance
or functionality, or for any other benchmarking or competitive purposes.
3. H. REVIEWS AND FEEDBACK
By using this Website, you
agree that any information shared by you with Docconsult or with any
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 Docconsult in
publishing Critical Content is restricted to that of an ‘intermediary’ under
the Information Technology Act, 2000. Docconsult disclaims all responsibility
with respect to the content of Critical Content, and its role with respect to
such content is restricted to its obligations as an ‘intermediary’ under the
said Act. Docconsult 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 intellectual property or publicity or privacy rights, or (b)
violates any applicable law or regulation, including but not limited to the IG
Rules and SPI Rules. Docconsult, at its sole discretion, may choose not to
publish your reviews and feedback, if so required by applicable law, and in
accordance with Clause 5 of these Terms. You agree that Docconsult 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 Docconsult’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 Docconsult.
Docconsult’s Feedback Collection and Fraud Detection Policy, is annexed as the
Schedule hereto, and remains subject always to these Terms.
Docconsult may provide
End-Users with a free facility known as ‘Records’ on its mobile application ‘Docconsult’.
Information available in your Records is of two types:
uploaded by you or information generated during your interaction with
Docconsult ecosystem, eg: appointment, medicine order placed by you.
Records generated by your interaction with a Practitioner who uses ‘Docconsult
Ray’ or other Services of Docconsult software.
The specific terms
relating to such Health Account are as below, without prejudice to the rest of
3. I. (i) Your Records is
only created after you have signed up and explicitly accepted these Terms.
3. I . (ii )Any Practice
created Health Record is provided on an as-is basis at the sole intent, risk
and responsibility of the Practitioner and Docconsult does not validate the
said information and makes no representation in connection therewith. You
should contact the relevant Practitioner in case you wish to point out any
discrepancies or add, delete, or modify the Health Record in any manner.
3. I. (iii) The Health
Records are provided on an as-is basis. While we strive to maintain the highest
levels of service availability, Docconsult is not liable for any interruption
that may be caused to your access of the Services.
3. I. (iv) The reminder
provided by the Records is only a supplementary way of reminding you to perform
your activities as prescribed by your Practitioner. In the event of any
medicine reminders provided by Docconsult, you should refer to your
prescription before taking any medicines. Docconsult is not liable if for any
reason reminders are not delivered to you or are delivered late or delivered
incorrectly, despite its best efforts. In case you do not wish to receive the
reminders, you can switch it off through the Docconsult app.
3. I. (v) It is your
responsibility to keep your correct mobile number and email ID updated in the
Records. The Health Records will be sent to the Records associated with this
mobile number and/or email ID. Every time you change any contact information
(mobile or email), we will send a confirmation. Docconsult is not responsible
for any loss or inconvenience caused due to your failure in updating the
contact details with Docconsult.
3. I. (vi) Docconsult uses
industry–level security and encryption to your Health Records. However,
Docconsult does not guarantee to prevent unauthorized access if you lose your
login credentials or they are otherwise compromised. In the event you are aware
of any unauthorized use or access, you shall immediately inform Docconsult of
such unauthorized use or access. Please safeguard your login credentials and
report any actual suspected breach of account to support@Docconsult.in.
3. I. (vii) If you access
your dependents’ Health Records by registering your dependents with your own
Records, you are deemed to be responsible for the Health Records of your
dependents and all obligations that your dependents would have had, had they
maintained their own separate individual Records. You agree that it shall be
your sole responsibility to obtain prior consent of your dependent and shall
have right to share, upload and publish any sensitive personal information of
your dependent. Docconsult assumes no responsibility for any claim, dispute or
liability arising in this regard, and you shall indemnify Docconsult and its
officers against any such claim or liability arising out of unauthorized use of
3. I. (viii) In case you
want to delete your Records, you can do so by contacting our service support
team. However only your account and any associated Health Records will be
deleted, and your Health Records stored by your Practitioners will continue to
be stored in their respective accounts.
3. I. (ix) You may lose your “User created” record, if
the data is not synced with the server.
3. I. (x) If the Health
Record is unassessed for a stipulated time, you may not be able to access your
Health Records due to security reasons.
3. I. (xi) Docconsult is
not liable if for any reason, Health Records are not delivered to you or are
delivered late despite its best efforts.
3. I. (xii) The Health
Records are shared with the phone numbers that are provided by your
Practitioner. Docconsult is not responsible for adding the Heath Records with
incorrect numbers if those incorrect numbers are provided by the Practitioner.
3. I. (xiii) Docconsult is not responsible or liable for
any content, fact, Health Records, medical deduction or the language used in
your Health Records whatsoever. Your Practitioner is solely responsible and
liable for your Health Records and any information provided to us including but
not limited to the content in them.
3. I. (xiv) Docconsult has
the ability in its sole discretion to retract Health Records without any prior
notice if they are found to be shared incorrectly or inadvertently.
3. I. (xv) Docconsult will
follow the law of land in case of any constitutional court or jurisdiction
mandates to share the Health Records for any reason.
3. I. (xvi) You agree and
acknowledge that Docconsult may need to access the Health Record for cases such
as any technical or operational issue of the End User in access or ownership of
3. I. (xvii) You
acknowledge that the Practitioners you are visiting may engage Docconsult's
software or third party software for the purposes of the functioning of the
Practitioner’s business and Docconsult's services including but not
limited to the usage and for storage of Records (as defined in Section 3.10) in
India and outside India, in accordance with the applicable laws.
3. I. (xviii) To the extent
that your Records have been shared with Docconsult or stored on any of the
Docconsult products used by Practitioner’s you are visiting, and may in the
past have visited, You hereby agree to the storage of your Records by
Docconsult pertaining to such previously visited clinics and hospitals who have
tie ups with Docconsult for the purposes of their business and for
Docconsult's services including but not limited to the usage and for
storage of Records (as defined in Section 3.10) in India and outside India, in
accordance with the applicable laws and further agree, upon creation of your
account with Docconsult, to the mapping of such Records as may be available in
Docconsult’s database to your User account.
The terms in this Clause 4
are applicable only to Practitioners.
4. A. (i) Docconsult,
directly and indirectly, collects information regarding the Practitioners’
profiles, contact details, and practice. Docconsult 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 Docconsult immediately to enable Docconsult to make the necessary
4. A. (ii) Docconsult shall
not be liable and responsible for the ranking of the Practitioners on external
websites and search engines
4. A. (iii) Docconsult
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 Docconsult, where the User has expressly or
implicitly consented to the making of disclosures or publications by
Docconsult. If the User had revoked such consent under the terms of the Privacy
Policy, then Docconsult 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 Docconsult prior to its actual receipt of
4. A. (iv) Docconsult
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, Docconsult shall not be
liable if any inactive, inaccurate, fraudulent, or non- existent profiles of
Practitioners are added to the Website.
4. A. (v) Practitioners explicitly agree that
Docconsult reserves the right to publish the Content provided by Practitioners
to a third party including content platforms.
4. A. (vi) When you are listed on Docconsult.in,
End-Users may see a ‘show number’ option. When End-Users choose this option,
they choose to call your number through a free telephony service provided by
Docconsult, and the records of such calls are recorded and stored in Docconsult’s
servers. Such records are dealt with only in accordance with the terms of the
Docconsult should be used only for appointment and booking purposes, and not
for consultation on health-related issues. Docconsult accepts no liability if
the call facility is not used in accordance with the foregoing.
4. A. (vii) You as a
Practitioner hereby represent and warrant that you will use the Services in
accordance with applicable law. Any contravention of applicable law as a result
of your use of these Services is your sole responsibility, and Docconsult
accepts no liability for the same.
4. B. PROFILE OWNERSHIP AND EDITING RIGHTS
Docconsult ensures easy
access to the Practitioners by providing a tool to update your profile
information. Docconsult reserves the right of ownership of all the Practitioner’s
profile and photographs and to moderate the changes or updates requested by
Practitioners. However, Docconsult 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 Docconsult’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, Docconsult may modify or delete parts of your
profile information at its sole discretion with or without notice to you.
4. C. REVIEWS AND FEEDBACK DISPLAY RIGHTS OF DOCCONSULT
4. C.(i) All Critical
Content is content created by the Users of
(“Website”) and the clients of Docconsult
customers and Practitioners, including the End-Users. As a platform, Docconsult
does not take responsibility for Critical Content and its role with respect to
Critical Content is restricted to that of an ‘intermediary’ under the
Information Technology Act, 2000. The role of Docconsult and other legal rights
and obligations relating to the Critical Content are further detailed in
Clauses 3.9 and 5 of these Terms. Docconsult’s Feedback Collection and Fraud
Detection Policy, is annexed as the Schedule hereto, and remains subject always
to these Terms.
4. C. (ii) Docconsult
reserves the right to collect feedback and Critical Content for all the
Practitioners, Clinics and Healthcare Providers listed on the Website.
4. C. (iii) Docconsult 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. C. (iv) You understand
that by using the Services you may be exposed to Critical Content or other
content that you may find offensive or objectionable. Docconsult 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.
Docconsult however, as an ‘intermediary, takes steps as required to comply with
applicable law as regards the publication of Critical Content. The legal rights
and obligations with respect to Critical Content and any other information
sought to be published by Users are further detailed in Clauses 3.9 and 5 of
4. C. (v) Docconsult will
take down information under standards consistent with applicable law, and shall
in no circumstances be liable or responsible for Critical Content, which has
been created by the Users. The principles set out in relation to third party
content in the terms of Service for the Website shall be applicable mutatis
mutandis in relation to Critical Content posted on the Website.
4. C. (vi) If Docconsult
determines that you have provided inaccurate information or enabled fraudulent
feedback, Docconsult reserves the right to immediately suspend any of your
accounts with Docconsult and makes such declaration on the website alongside
your name/your clinics name as determined by Docconsult for the protection of
its business and in the interests of Users.
4. D. RELEVANCE ALGORITHM
Docconsult has designed
the relevance algorithm in the best interest of the End-User and may adjust the
relevance algorithm from time to time to improve the quality of the results
given to the patients. It is a pure merit driven, proprietary algorithm which
cannot be altered for specific Practitioners. Docconsult shall not be liable
for any effect on the Practitioner’s business interests due to the change in
the Relevance Algorithm.
4. E. 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 Docconsult.
4. F. (i) Docconsult Consult enables Practitioners to
connect with the Users by responding to the health related queries posted by
them on their Health Accounts using the special software application provided
to Practitioners by Docconsult (“Doctor App”).
4. F. (ii) The User may
post two types of queries on their Health Accounts (i) public query, which is
sent through Docconsult Consult to multiple Practitioners and enables any of
the chosen Practitioner to respond to the query posted; and (ii) private query,
which will be only sent to the Practitioner that the User has chosen.
4. F. (iii) The public queries posted by the Users are
sent to multiple Practitioners through a fully automated system installed in
the Doctor App. The automated system chooses Practitioners based on inter alia
the information furnished by each Practitioner, the number of questions
answered by the Practitioner and the rating or reviews procured by the
Practitioner. Docconsult does not guarantee in any manner that any query will
be directed to a particular Practitioner and will not be responsible for the
Practitioners chosen to respond to the queries.
4. F. (iv) Practitioner agrees that, when providing any
written response to a User’s query that constitutes a performance of his/her
services, the Practitioner shall not post language that may be considered
abusive, objectionable or demeaning to the User or in general.
4. F. (v) In the event, the Practitioner indicates as
part of his response the pre-consultation fee payable for the advice solicited
through the private query, Docconsult shall provide the User an option to
directly remit the amount to the Practitioner through the Health Account and
subsequently deduct a portion from the amount paid as its fee for the
performance of the services.
4. F. (vi) Docconsult
shall remit the fees to the Practitioner in accordance with the terms agreed
between the Practitioners and Docconsult in the Software License and Services
Agreement executed between them.
4. F. (vii) Docconsult
reserves the right to revise the fee terms at any time at their discretion. The
Practitioner’s continued use of the services and Doctor App shall constitute
his/her consent to such revision.
4. F. (viii) Practitioner
hereby agrees that it shall use the Doctor App for the purpose specified in
unlawful purpose, including impersonating another person.
4. F. (ix) Practitioner hereby represents and warrants
is qualified to provide
medical services within the territory of India;
has obtained all licenses
as required by law to provide medical services and has not committed any act or
omission that might prejudice its continuance or renewal; and
has provided Docconsult
true, accurate, complete and up to date details about their qualification and
4. F.(x) Practitioner
agrees that he/she shall at all times abide by the applicable medical
regulations including the code of
4. F. (xi) Practitioners
shall promptly renew their licenses required to provide medical services and
notify Docconsult about the same.
4. F. (xii) Docconsult
reserves the right to terminate any account of the Practitioner in case:
the Practitioner breaches
Docconsult is unable to
verify or authenticate any information provided to it by a Practitioner; or
Docconsult in its sole and
absolute discretion believes that actions of the Practitioner may cause legal
liability for Docconsult or other Users and / or may adversely affect the
services rendered by Docconsult.
4. F. (xiii) Practitioner
hereby agrees that, for any User that contacts the Practitioner using
Docconsult Consult, only he/she shall be allowed to perform the services for
the User and that the Practitioner may under no circumstances be permitted to
transfer the performance of Your Services to any other person, whether under
their supervision or not. The Practitioner accepts all responsibility and
liability for the use of Docconsult Consult, including the performance of its
services, by any other party claiming to be the Practitioner and hereby agrees
to indemnify Docconsult against any claim or loss that may be faced by
Docconsult consequent to such use.
4. F. (xiv) Practitioner
hereby agrees to hold in strictest confidence all information provided by a
User to him/her under all circumstances. Practitioner agrees that he/she shall
not disclose any information or documentation provided by a User to any other
person, nor shall he/she allow, by act or omission, such information or
documentation to be acquired by any other person.
4. F. (xv) Practitioner
agrees to render his/her services and fulfill their obligations towards their
patients using their best efforts, skill and ability.
4. F. (xvi) Practitioner agrees
and understands that some or all his/her may be made available to the general
public through the Doctor App or otherwise by the Company and that he/she has
no objection to the same.
4. F. (xvii) Practitioner
hereby agrees to assign to Docconsult in perpetuity all intellectual property
rights residing in the responses provided by him/her for use by Docconsult
4. F. (xviii) Practitioner
hereby agrees not to seek the contact details of any User or to contact any
User except through the Doctor App.
4. F. (xix) Any
communication sent by or through Docconsult to the Practitioner is based solely
on information uploaded by the Users. Docconsult shall not be responsible for
the incompleteness or inaccuracy such information, including if as a result of
such inaccuracy, a communication is sent to an unintended recipient.
4. F. (xx) Practitioner
shall be liable to indemnify and hold Docconsult harmless from and against all
actions, claims, damages, losses and expenses, including court costs and
reasonable attorneys’ fees, arising out of or resulting from any breach,
default, contravention, non-observance, non-performance, improper performance
of any of its obligations or the terms, conditions, covenants and provisions
5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
5. A. As mandated by Regulation 3(B) of the IG
Rules, Docconsult hereby informs Users that they are not permitted to host,
display, upload, modify, publish, transmit, update or share any information
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;
infringes any patent,
trademark, copyright or other proprietary rights;
violates any law for the
time being in force;
deceives or misleads the
addressee about the origin of such messages or communicates any information
which is grossly offensive or menacing in nature;
contains software viruses
or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer resource;
threatens the unity,
integrity, defence, security or sovereignty of India, friendly relations with
foreign states, or public order or causes incitement to the commission of any
cognizable offence or prevents investigation of any offence or is insulting any
5. B. Users are also prohibited from:
violating or attempting to
violate the integrity or security of the Website or any Docconsult 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 Docconsult;
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 Docconsult Content or other information available from
framing or hot linking or
deep linking any Docconsult Content.
circumventing or disabling
any digital rights management, usage rules, or other security features of the
5. C. Docconsult, 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. Docconsult shall also be entitled to
preserve such information and associated records for at least 90 (ninety) days
for production to governmental authorities for investigation purposes.
5. D. In case of non-compliance with any
applicable laws, rules or regulations, or the Agreement (including the Privacy
Policy) by a User, Docconsult 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. E. Docconsult may disclose or transfer
User-generated information to its affiliates or governmental authorities in
such manner as permitted or required by applicable law, and you hereby consent
to such transfer. The SPI Rules only permit Docconsult to transfer sensitive
personal data or information including any information, to any other body
corporate or a person in India, or located in any other country, that ensures
the same level of data protection that is adhered to by Docconsult as provided
for under the SPI Rules, only if such transfer is necessary for the performance
of the lawful contract between Docconsult or any person on its behalf and the
User or where the User has consented to data transfer.
Docconsult respects the
intellectual property rights of others and we do not hold any responsibility
for any violations of any intellectual property rights
6. A. Docconsult 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;
Docconsult is unable to
verify or authenticate any information provide to Docconsult by a User;
Docconsult has reasonable
grounds for suspecting any illegal, fraudulent or abusive activity on part of
such User; or
Docconsult believes in its
sole discretion that User’s actions may cause legal liability for such User,
other Users or for Docconsult or are contrary to the interests of the Website.
6. B. 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 Docconsult, 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 Proected Entity has been advised of the possibility of such damages. In
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.
Docconsult 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; and according to the SPI Rules. Computer web server
logs may be preserved as long as administratively necessary.
9. APPLICABLE LAW AND DISPUTE SETTLEMENT
9. (i) You agree that thi
Agreement and any contractual obligation between Docconsult and User will be
governed by the laws of India.
9. (ii) 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 India, before a sole arbitrator appointed by Docconsult.
Arbitration shall be conducted in accordance with the Arbitration and
Conciliation Act, 1996. The seat of such arbitration shall be Jaipur. All
proceedings of such arbitration, including, without limitation, any awards,
shall be in the English language. The award shall be final and binding on the
parties to the dispute.
9. (iii) Subject to the above Clause 9.2, the courts
at Bengaluru shall have exclusive jurisdiction over any disputes arising out of
or in relation to this Agreement, your use of the Website or the Services or
the information to which it gives access.
10. CONTACT INFORMATION GRIEVANCE OFFICER
10. (i) If a User has any questions concerning
Docconsult, the Website, this Agreement, the Services, or anything related to
any of the foregoing, Docconsult customer support can be reached at the
following email address: support@Docconsult.in or via the contact information
available from the following hyperlink:
10. (ii) In accordance with the Information Technology
Act, 2000, and the rules made there under, 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 our
Grievance Officer at: Name: Ashish Sethi Designation: Head – Customer Experience
Email: support@Docconsult.in Telephone: 0141-2785199 (Ask to be connected to
the Grievance Officer) In the event you suffer as a result of access or usage
of our Website by any person in violation of Rule 3 of the IG Rules, please
address your grievance to the above person.
If any provision of the
Agreement is held by a court of competent jurisdiction or arbitral tribunal to
be unenforceable under applicable law, then such provision shall be excluded
from this Agreement and the remainder of the Agreement shall be interpreted as
if such provision were so excluded and shall be enforceable in accordance with
its terms; provided however that, in such event, the Agreement shall be
interpreted so as to give effect, to the greatest extent consistent with and
permitted by applicable law, to the meaning and intention of the excluded
provision as determined by such court of competent jurisdiction or arbitral
1. a. TERMS OF SERVICE – ONLINE APPOINTMENT BOOKING FACILITY.
1. a. PARTNERS -
Docconsult’s esteemed Partners are doctors, clinic managers, and other medical
1. b. ONLINE APPOINTMENT BOOKING FACILITY
- Online Appointment Booking
is a facility offered by www.Docconsult.in to patients for booking appointments online with our
1. c. OBJECTIVES OF ONLINE APPOINTMENT BOOKING FACILITY
- The two-fold objective
Excellent experience for
our patients by minimizing their waiting time
Excellent experience for
our partners by maximizing their utilization of time
1. d. MANDATORY TERMS OF SERVICE FOR PARTNERS
Every doctor should honour
all appointments booked via Docconsult.in.
It is mandatory that the
patient meets the same doctor with whom the appointment has been confirmed.
The doctor should
communicate about any expected delay/cancellation at least 2 hours prior to the
scheduled time of appointment.
Non-compliance to the
above will lead to poor patient experience and may attract penalties from
Docconsult including, but not limited to, withdrawal of the ‘Book’ Privilege
button and might have an adverse effect on the relevance score of the
establishment on Docconsult reserves the right to withdraw the ‘Book’
1. e. MANDATORY TERMS OF SERVICE FOR PATIENTS
‘Instant - Book
Appointment’ button on Docconsult.in is a privilege given to the Patient,
Docconsult reserves the right to withdraw this in case of repeated instances of
“Patient No Show”.
1. f. PRIVILEGES FOR PARTNERS
For complying with the
terms of service on www.Docconsult.in the partners will be offered following
Online Appointments Booking Facility
Docconsult.in or Docconsult App.
- Patients can seamlessly
book appointments 24x7 on www.
- Improve relevance score on