Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at __________________ (“Privacy Policy”) before you decide to access the Website, App or avail the services made available on the Website, App by Doctors App. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Doctors App 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 -
i. 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
ii. A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
iii. Otherwise a user of the Website (“you” or “User”). This Agreement applies to those services made available by Doctors App on the Website, App, which are offered 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:
i. Create and maintain Accounts,
ii. Search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Doctors App, and
iii. To make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of Doctors App, and the Agreement will apply to your visit to and your use of the Website, App to avail the Service, as well as to all information provided by you on the Website, App at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website, App 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 _______________________.
Any accessing or browsing of the Platform and using the Services (as defined in these Terms and Conditions) indicates your Agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms and Conditions, then you may discontinue access or use of the Platform.
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.
Your access to use of the Website, App and the Services will be solely at the discretion of Doctors App. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
i. The Indian Contract Act, 1872,
i. The Indian Contract Act, 1872,
iii. 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”).
iv. Telemedicine Practice Guidelines.
When You use the Platform, You represent that You meet the following primary eligibility criteria:
a. You are at least 18 years old or accessing the Platform under the supervision of a parent or guardian, who in such a case will be deemed as the recipient / end-user of the Services (as defined in these Terms and Conditions) for the purpose of these Terms and Conditions.
b. If Your age is below that of 18 years, your parents or legal guardians can transact on behalf of You if they are registered users. You are prohibited from purchasing any material the sale or purchase of which to/by minors is prohibited and which is for consumption by adults only.
c. You are legally competent to contract, and otherwise competent to receive the Services (as defined in these Terms and Conditions). Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents, etc. are not eligible to use the Platform.
d. DeCoders Hub/Doctors App reserves the right to terminate your membership and/or refuse to provide You with access to the Platform if DeCoders Hub/Doctors App discovers that You are under the age of 18 years.
e. Your registered id can only be utilized by You wherein Your details have been provided and We do not permit multiple persons to share a single login/ registration id.
f. We reserve our rights to refuse access to use the Services offered at the Platform to new Users or to terminate access granted to existing Users at any time without assigning s any reasons for doing so and you shall have no right to object to the same.
g. Organizations, companies, and businesses may not become registered Users on the Platform or use the Platform through individual Users.
h. You agree and acknowledge that You shall (i) create only 1 (one) account; (ii) provide accurate, truthful, current, and complete information when creating your account and in all Your dealings through the Platform; (iii) maintain and promptly update your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify DeCoders Hub/Doctors App if You discover or otherwise suspect any security breaches relating to the Platform; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
i. We at Our discretion, reserve the right to permanently or temporarily suspend Users, to bar their use and access of the Platform, at any time while We investigate complaints or alleged violations of these Terms of Use or any Services, or for any other reason.
Through the Platform, We provide You with the following services (“Services”):
Users need to register on the Platform in order to use the Platform or the Services provided through the Platform. In order to register, You have to provide certain personal details including but not limited to Your name, phone number, email address, birth date, gender, etc.
i. You can book an appointment for a medical consultation with a healthcare or wellness service provider/doctor/physician (“HSP”) listed on the Platform. Medical consultations on the Platform shall be available for multi specialties.
ii. You will receive a confirmation of appointment for medical consultation with a HSP, on the Platform and/or via SMS and/or email / online communication messaging services. We reserve the right to reschedule or cancel an appointment without any prior notice. The time provided for a consultation to you is indicative and actual consultation time may change depending on the consulting HSP’s discretion or other circumstances, for which You shall be accordingly communicated. You agree that there might be technological/logistic/unforeseen circumstances that might lead to delay or cancellation of the consultation for which appropriate resolution either as rescheduling/ refund shall be provided. For any support related to issue/s faced by You pre/during / post consultation, You can reach Us through various channels as set out on the Platform and Our team shall help You for the same. Consultations can be booked, rescheduled, or cancelled free of cost up to _____ minutes prior to the scheduled /booked appointment time for an audio/video/chat-based consultation (“Online Medical Consultation”) and up to ________) minutes prior to the scheduled/booked the appointment time for a physical visit based consultation. You are allowed to reschedule an Online Medical Consultation up to a maximum of _______ times for free and are allowed to reschedule a physical consultation _____ times for free.
iii. Your consulting HSP reserves the right to provide a free review, post- medical consultation.
You can have an Online Medical Consultation via audio call or video call or chat on the Platform with the HSP selected by You /allocated to You:
Please ensure that You are equipped with proper video conference equipment and internet connectivity as required for the Service You want to avail. In case of inadequate video conference equipment, technical error, or defective internet connectivity, We reserve the right to reschedule or cancel Your appointment without any notice.
You understand and acknowledge that there will not be any physical examination involved and the Online Medical Consultation services shall be provided remotely in accordance with these Terms and Conditions. The opinion delivered by the HSP shall solely be based on the verbal communication between the concerned HSP and the patient, and any test reports and other information provided/uploaded by You on the Platform.
Your medical records may be viewed by the HSP on the chat facility provided on the Platform in the course of medical consultations and will remain accessible to You for a specific number of days after a particular consultation concludes, as determined by the HSP.
i. The Services are not meant in any way for emergency and life-threatening conditions. It is advised to take the patient to the nearest hospital in such cases or as advised by HSP.
ii. In case the HSP is not responding You are advised to get in touch with our customer care.
You shall receive an e-prescription on the Platform after consultation with the concerned HSP
You can access your medical records on the Platform.
Doctors App enables Users to connect with Practitioners through App and Website.
a. Doctors App will ensure Users are provided confirmed appointment on the Book facility. However, Doctors App has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment.
b. Without prejudice to the generality of the above, Doctors App is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Doctors App will not be liable for:
i. User interactions and associated issues User has with the Practitioner;
ii. the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
iii. any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
iv. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
v. any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
vi. cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged.
c. Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Doctors App shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website, App.
d. Where the User has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of Doctors App, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.
e. Doctors App reserves the right to make the final decision in case of a conflict. The total aggregate liability of Doctors App with respect to any claims made herein shall be INR _____.
The terms in this Clause are applicable only to Practitioners.
a. Doctors App, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Doctors App 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, App in connection with you and your profile is found to be incorrect, you are required to inform Doctors App immediately to enable Doctors App to make the necessary amendments.
b. Doctors App shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines.
c. Doctors App 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 Doctors App, where the User has expressly or implicitly consented to the making of disclosures or publications by Doctors App. If the User had revoked such consent under the terms of the Privacy Policy, then Doctors App 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 Doctors App prior to its actual receipt of such revocation.
d. Doctors App 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, App. However, Doctors App shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website/App.
e. Practitioners explicitly agree that Doctors App reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
f. 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 Doctors App accepts no liability for the same.
Doctors App ensures easy access to the Practitioners by providing a tool to update your profile information. Doctors App reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Doctors App 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 Doctors App 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, Doctors App may modify or delete parts of your profile information at its sole discretion with or without notice to you.
We do not practice medicine and do not provide medical consultation. We merely provide a technology platform and infrastructure that enables you to connect with participating medical practitioners listed on the Service and to use the messaging or communication facilities of the Service that are designed to enable you to communicate with others (‘Communication Tools”) to consult with a medical practitioner recommended to you.
Medical practitioners listed on the Service have signed / accepted contracts with us and represented to us that they are duly qualified to practice medicine in India and are enrolled on the Medical Register in one of the States in India. While we make reasonable enquiries to confirm the veracity of this representation made to us by the medical practitioners, we shall not be responsible for any misrepresentation or fraud in this regard. We do not recommend or endorse any medical practitioners or make any representations or warranties with respect to the quality of the medical services a medical practitioner may provide to you.
The use of the Service does not create a doctor/patient relationship between you and us. All medical consultation shall be provided to you by the concerned medical practitioner directly and as such, the medical practitioner you consult with shall be solely responsible for compliance with all requirements applicable to his or her professional services provided to you and liable to you for all medical consultation, medical advice, diagnosis or treatment recommended or provided to you. We shall not be responsible or liable for any defect or deficiency in the medical consultation, diagnosis or treatment recommended to you by any medical practitioner.
Any diet plans or advice or information that may be provided on or through the Service is for information only, does not constitute a medical opinion or advice or a diagnosis or treatment and is not a substitute for professional medical advice, diagnosis or treatment.
We are not responsible for the accuracy of the results of any Self Assessment Tests made available as part the Service. These tests are solely for information purposes to suggest probable risks to users having a particular health issue and the results of the tests do not constitute a medical opinion or diagnosis. You should consult a medical professional before acting on the results of any such tests.
The Service we provide is NOT for use for medical emergencies, for life threatening conditions or for when you need acute care. You should not disregard or delay to seek medical advice from your physician based on anything that appears or is provided to you by or through the Service.
The consultation provided to you by medical practitioners through the Communication Tools are not intended to replace your relationship with your primary care physician and you should continue to consult with your primary care physician and other health care professionals as recommended or needed. You should seek emergency help or follow-up care when recommended by a medical practitioner or when you are of the opinion that such help or care is prudent in your sole opinion.
When you seek consultation with any medical practitioner using the Communication Tools made available through the Service, you understand the limitations and potential risk of online consultations, including but not limited to the inability to carry out a physical examination or other extensive investigations; delays or failure arising from the disruption of communication devices or Communication Tools; the insufficient quality of information transmitted online, lack of access to your medical records or medical history amongst others and the inherent risks of breach of privacy associated with sharing your sensitive personal information or medical information through the Communication Tools. You take full responsibility for ensuring that any information you submit is complete and accurate and understand that the medical practitioner relies solely on information provided by you. We shall not be responsible for any errors in transmission or for the corruption or compromise of any information communicated over telecommunication services. Therefore, before sharing any information or acting on any information or advice offered to you by or through the Service, you should confirm that you have understood and accept the associated limitations and risks and agree that you are not using the Service as a substitute for consultation with your primary care physician.
The transmission, storage and/or retrieval of data and information and the provision of the Service through the internet is subject to a variety of factors beyond our reasonable control, including any interruption or unavailability of third-party telecommunication services used to host / provide the Service. In no event will we be liable for any failure or interruption of the Service, including without limitation those failures or interruptions resulting in part or entirely from circumstances beyond our reasonable control. Without prejudice to the above, a medical practitioner may, in his or her sole discretion and professional judgment, determine that the online consultations through the Service are not appropriate for some or all of your needs and, accordingly, may elect not to provide services to you through the Service.
We do not distribute, sell, stock, exhibit or offer for sale any drugs or medicinal preparations. If you are the customer of a third-party online pharmacy that has in turn referred you to one of our participating medical practitioners for a consultation, you hereby consent and authorise the concerned medical practitioner and us to transmit any prescription/s that may be issued to you pursuant to your consultation, to the said third party online pharmacy. All offers for sale; orders and the sale of drugs / medicinal preparations shall be between you and the concerned third-party pharmacy and we shall not be a party to the said transaction. Therefore, we shall not be responsible or liable for any defect or deficiency in the goods or the service provided to you by a pharmacy.
Medical practitioners may prescribe medications when medically indicated in their sole professional judgment. In the event that a medical practitioner does prescribe a medication, it will be his/her duty to comply with all applicable laws and we advise them to prescribe a medication as determined appropriate in his/her sole discretion and professional judgment. You agree that any prescriptions that you acquire from a medical practitioner by/through the Service shall be solely for your personal use. You agree to fully and carefully read and follow all instructions provided to you by the medical practitioner and all product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
User understands and agrees that the App is merely a technology platform. App shall not be held responsible in any manner for any error or omission or act committed on part of the Medical Practitioner.
i. In the event that, the Practitioner with whom User has booked a paid appointment via the Website/App, has not been able to meet the User, User will need to write to us at ___________________ within (____) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next (__) to (__) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and User’s account will be temporarily disabled from booking further online appointments on Doctors App for next (___) months. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.
ii. Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.
You shall not upload to, distribute, or otherwise publish through the Platform, the following Prohibited Content, which includes any content, information, or other material that:
a. belongs to another person and which you do not own the rights to;
b. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;
c. is hateful, racially or ethnically objectionable, disparaging of any person;
d. relates to or seems to encourage money laundering or gambling,
e. harm minors in any way;
f. infringes any patent, trademark, copyright, or other proprietary rights;
g. violates any law in India for the time being in force;
h. deceives or misleads the addressee about the origin of your message and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
i. communicates any information which is grossly offensive or menacing in nature;
j. impersonates another person;
k. contains software viruses or any other computer code and malicious programs.
l. File or program designed to interrupt, destroy or limit the functionality of any computer resource;
m. Threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order, promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
n. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
o. incites any offence or prevents investigation of any offence or insults any other nation;
p. is abusive or inappropriate to the HSP conducting your medical consultation or any employees, consultants or technicians of Decoders Hub/Doctors App; and
q. is not relating to the medical consultation or relating to any of the services you avail from us.
You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and/or immediately terminate your access to the Services and/or to the Platform
You agree and undertake to indemnify and keep indemnified Decoders Hub/Doctors App, its affiliates, the concerned HSP, representatives, and each of their respective directors/Proprietor/Partner, officers or employees (“Indemnified Persons”) and us for any losses, costs, charges, and expenses including reasonable attorney fees that the concerned Indemnified Persons may suffer on account of Deficiency or shortfall in Services/misdiagnosis/faulty judgment/interpretation errors/perception error arising from:
a. Your failure to provide correct and/or complete clinical information/history about the patient in a timely and clinically appropriate manner; or
b. Suppression of material facts; or your failure to provide relevant clinical information about the patient; or
c. Misinterpretation of the advice/prescription/diagnosis/investigation report by you; or
d. Failure to follow doctor’s advice/prescription by you; or
e. Failure to follow instructions of the HSP in respect of the Services or medical procedures prescribed by the HSP by you;
f. Incorrect or inaccurate credit/debit card details provided by you; or
g. Using a credit/debit card which is not lawfully owned by you; or
h. You permitting a third party to use your password or other means to access your account.
By using our Services, you confirm that You understand and agree to the following:
a. The Services availed by you from an HSP via the Platform are provided to You by the HSP you select, and not by Decoders Hub/Doctors App. The limitation of liability specified in this section also applies to any Services availed by You from any third-party seller of services listed on the Platform.
b. The Platform only facilitates communications between You and the HSP and as such Doctors App/Decoders Hub bears no responsibility for the quality and outcome of any such Services obtained by You from the respective HSP, to the extent permitted by applicable law.
c. Decoders Hub/Doctors App itself does not provide any medical consultation or diagnostic services. If You receive any medical advice/investigation reports from an HSP you have contacted through the Platform, You are responsible for assessing such advice, and reports the consequences of acting on such advice or reports, and all post-consultation follow-up action, including following the HSP’s instructions.
d. The Services provided through the Platform is not intended in any way to be a substitute for face- to -face consultation with a doctor. Decoders Hub/Doctors App advices the Users to make an independent assessment in respect of its accuracy or usefulness and suitability prior to making any decision in reliance hereof.
We may terminate this arrangement at any time, with or without cause. If you wish to terminate this arrangement, you may do so at any time by discontinuing your access or use of this Platform.
We reserve the right to refuse the use of Services immediately in case your conduct is deemed by us to be in contravention of applicable acts, laws, rules, and regulations or these Terms and Conditions or considered to be unethical/immoral; and
For change in law specifically, we reserve our rights to suspend our obligations under any contract indefinitely, and/or provide Services under revised Terms and Conditions.
The use of our Platform shall be governed by the laws applicable in India, without reference to the conflict of laws principles;
Any dispute relating to the use of our Services shall be subject to the exclusive jurisdiction of the courts at _________, India; and
If any dispute, difference, or claim arises between Us and You in connection with this Agreement or the validity, interpretation, implementation, or alleged breach of this Agreement or anything is done, omitted to be done pursuant to this Terms and Conditions, You shall first endeavour to resolve the same through conciliation and negotiation. However, if the dispute is not resolved through conciliation and negotiation within 30 days after the commencement of such conciliation or within such period mutually agreed in writing, then We may refer the dispute for resolution by arbitration under the Indian Arbitration and Conciliation Act, 1996 as amended from time to time ("the Act”) by a sole arbitrator to be appointed mutually by Us. In the event the parties fail to agree on a sole arbitrator, a sole arbitrator shall be appointed in accordance with the Act. The seat and venue of arbitration will be in _______. The Arbitration shall be conducted in the English language.
If a User has any questions concerning Doctors App/Website, this Agreement, the Services, or anything related to any of the foregoing, Doctors App customer support can be reached at the following email address: _______________ or via the contact information available on the App/Website.
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 ____________ through our Contact Us page or write an email to ______________________.
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.