Docconsult Services LLP ("Docconsult") is the author and publisher of the internet resource www.Docconsult.in and the mobile application 'Docconsult' (together, "Website"). Docconsult owns and operates the services provided through the Website.1. NATURE AND APPLICABILITY OF TERMS
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 time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@Docconsult.in.
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, 1872,
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 this Agreement.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
3. A END-USER ACCOUNT AND DATA PRIVACY
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 their practice.
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.
Docconsult's relevance 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 Website.
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. (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 difficulties; 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 EMERGENCY USE
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 directly.
3. F. DOCCONSULT CONSULT
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.
The Practitioner 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 Practitioners.
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 being rendered.
The Practitioner 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.
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 Practitioner.
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 Users).
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 law accordingly.
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 personal gain.
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
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.
3. I. RECORDS 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:
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 such information.
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 the Records.
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. LISTING POLICY
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 amendments.
4. A. (ii) Docconsult shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
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. (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 www.Docconsult.in
("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 these Terms.
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. DOCCONSULT CONSULT
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. (ix) Practitioner hereby represents and warrants that he/she
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 credentials.
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.
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 worldwide.
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.
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 that: belongs to another person and to which the User does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law 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; impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of 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.
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; intentionally submitting on the Website any incomplete, false or inaccurate information;
making any unsolicited communications to other Users;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website; attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
copying or duplicating in any manner any of the Docconsult Content or other information available from the Website; 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 Software.
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. 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 andpractices.
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 no event
shall the Protected Entities be liable for:
provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
any unauthorized access to or alteration of your transmissions or data; or
any other matter relating to the Website or the Service.
8. RETENTION AND REMOVAL
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: www.Docconsult.in/contact
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 tribunal.
1. a. TERMS OF SERVICE – ONLINE APPOINTMENT BOOKING FACILITY.
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 partners.
1. c. OBJECTIVES OF ONLINE APPOINTMENT BOOKING FACILITY The two-fold objective of www.Docconsult.in is to ensure: 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' privilege button.
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 privileges: Online Appointments Booking Facility Patients can seamlessly book appointments 24x7 on www. Docconsult.in or Docconsult App. Improve relevance score on Docconsult.in.