The modified Agreement would be effective from the date of modification that is posted by AppiDoc on the Website and/or mobile applications. If you do not agree to any term that is contained in this Agreement, please immediately cease your use of the Website and/or mobile applications.
Terms of Offer. The Website and/or mobile applications offers certain services to its users (the “Services“) which are as set out below. By availing the Services, you agree to the terms set forth in this Agreement.
Proprietary Rights. AppiDoc has proprietary rights in the Website and/or mobile applications and you may not copy or reproduce the Website and/or mobile applications or any of its components in any manner. AppiDoc also has rights to all trademarks and trade dress and specific layouts of every page of the Website and/or mobile applications, including calls to action, text placement, images and other information.
Taxes. You shall be responsible for the payment of any tax that accrues to you under applicable law as a result of your use of the Website and/or mobile applications.
This Agreement and the Services provided by the Website and/or mobile applications are available to the following persons:
- A doctor/registered medical practitioner who is an individual (the “Doctor”); and
- A patient (the “Patient”) who is an individual above the age of eighteen (18) or a legal guardian, where the patient is below the age of eighteen (18), or where the patient has no capacity to contract under law, his/her legal guardian (the “Guardian”).
Both the Doctor, Patient as well as the Guardian are “Users” for the purpose of this Agreement, and are addressed herein as the “User” or simply as “you”.
The following constitute the Services offered by this Website and/or mobile applications:
Services for Doctors: Doctors may register on the Website and/or mobile applications and upload their profile thereon in the manner provided on the Website and/or mobile applications, detailing their area of consultation, years of experience, educational qualifications etc. Once registered, the Doctors shall also provide (i) time slots that are available for consultation; and (ii) the fee that is chargeable by them for a consultation lasting for a specified period of time (the “Consultation Fee”), (iii) the details of their individual bank account, along with number and IFSC code, to transfer the accrued consultation fees.
Services for Patients: Patients may register on the Website and/or mobile applications and obtain appointments with Doctors for online consultations. Once an appointment proposed by a Patient from within the time slots provided by a Doctor, the Doctor will connect with the Patient at the agreed time slot through the video/audio facility that is provided by the Website and/or mobile applications.
A Patient who is registered on the Website and/or mobile applications may propose an appointment with a Doctor by choosing one of the various time slots that are indicated by the Doctor with respect to his availability. Once the Patient chooses a slot, the Patient shall remit the Consultation Fee and the Doctor shall be notified of the same by way of email on the registered email id/sms on the registered mobile number] Once the appointment is fixed, the Patient shall be notified of such confirmation by way of an email on the registered email id/sms on the registered mobile number. AppiDoc shall collect the Consultation Fee on behalf of the Doctor and pass the same on to the Doctor. AppiDoc may collect the additional platform charges from the patient over and above the doctor consultation fees. AppiDoc may also charge a commission on the doctor consultation fees.
Please note that while AppiDoc shall make all possible efforts to ensure that timely email communications and SMSs are sent to the respective Users regarding the confirmation of an appointment, notification of an upcoming appointment etc., AppiDoc shall not be held liable where such a notification is not received by a User.
The Doctor shall initiate the audio/video conferencing with the Patient at the agreed time slot for the appointment. Where the Patient does not show up for a confirmed appointment, the Consultation Fee that is paid by such Patient shall not be refunded, but Patient will be given a chance to reschedule the appointment. However, Where the Doctor does not show up for a confirmed appointment or cancels an appointment (because of any reasons), the Patient may reschedule the appointment via the mobile application on any other convenient date. No refund of the Consultation Fee shall be made under any circumstance.
A User must be eighteen (18) years of age or older to visit or use the Website and/or use mobile applications and avail of the Services. By registering and using the Website and/or mobile applications a User represents to AppiDoc that he/she is eighteen (18) years of age or older, and that he/she has legal capacity to use the Website and/or mobile applications and the Services and to comply with the terms of the Agreement.
REPRESENTATIONS AND WARRANTIES OF DOCTORS
Each Doctor registering on the Website and/or mobile applications represents, warrants and undertakes to AppiDoc as follows:
- That he or she is qualified to provide medical services and holds valid licenses and approvals that are required for the provision of such services under applicable laws in India;
- That he or she has not committed any act or omission that would disqualify him or her from providing medical services;
- That all information that has been uploaded by him or her on the Website and/or mobile applications is true, complete and accurate;
- That he or she shall at all times comply with the provisions of all laws, rules and regulations that are applicable to doctors practicing in the territory of India;
- That he or she shall provide the highest quality medical services to each of the Patients that engage him or her;
- That he or she shall not assign any of his/her obligations in connection with the provision of the Services; and
- That he or she shall maintain or Patient related date in utmost confidence.
AppiDoc shall prohibit a Doctor from using and providing Services on the Website and/or mobile applications if he or she is in actual or potential breach of his or her obligations hereunder.
PERSONAL DATA AND OTHER INFORMATION MADE AVAILABLE ON THE WEBSITE AND/OR MOBILE APPLICATIONS
AppiDoc is not responsible for the authenticity of the personal information or personal data that is supplied by a User on the Website and/or mobile applications. The User shall be responsible for maintaining the confidentiality of his/her User account access information and password, and the User shall be held solely liable for all usage of his/her User account and password, whether or not authorized by him/her. The User shall be obligated to intimate AppiDoc regarding any misuse or suspected misuse of his/her User Account information.
Where a User provides information that is not authentic or is incomplete, AppiDoc may at its sole discretion discontinue providing the Services to that User by disabling his/her User Account.
Each User represents and warrants to AppiDoc that the content uploaded by them on the Website and/or mobile applications shall not infringe the intellectual property rights of any person.
THE WEBSITE AND/OR MOBILE APPLICATIONS AND THE SERVICES
Content; Intellectual Property; Third Party Links. In addition to providing the Services, the Website and/or mobile applications may also offer other information related to the Services either directly or through indirectly through links to third-party website and/or mobile applications. AppiDoc may not be the sole owner of all the information that is made available on the Website and/or mobile applications. The proprietary rights to all information that is created by AppiDoc and made available on the Website and/or mobile applications shall belong to AppiDoc alone. Unauthorized use of any content or material that is available on the Website and/or mobile applications may violate intellectual property rights of other parties. You shall use the content on this Website and/or mobile applications only for personal, noncommercial use. Any links to third-party website and/or mobile applications that are provided on the Website and/or mobile applications are for convenience and does not amount to AppiDoc being responsible, in any manner, for such third party website and/or mobile applications and their content. You may use such third party content at your own risk.
The Website and/or mobile applications shall not be used by you for any illegal or unlawful purpose. Your use of the Website and/or mobile applications shall be in compliance with all applicable laws and regulations. You shall not interfere or hinder the use of the Website and/or mobile applications by other Users, and you shall not engage in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication.
By using this Website and/or mobile applications, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website and/or mobile applications in a lawful manner. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from AppiDoc or the applicable third party (if content belonging to such third party is being used).
Please note that AppiDoc is only an “intermediary” as defined in the Information Technology Act, 2000 and can only control the information and content posted by itself on the Website and/or mobile applications. AppiDoc does not have the ability to control User-generated content on the Website and/or mobile applications. You are solely responsible for your interactions with other Users and any content you post. AppiDoc may monitor interactions between Users and remove any content from the Website and/or mobile applications that it considers objectionable or inappropriate.
RESTRICTIONS ON USE
The Users of the Website and/or mobile applications and/or the Services shall not 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 proprietary right;
- 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;
- impersonates 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; or
- Threatens the unity, integrity, defense, 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.
AppiDoc retains the right to remove from the Website and/or mobile applications any content that contravenes any of the above conditions.
DISCLAIMER OF WARRANTIES
Please note that your use of the Website and/or mobile applications and the Services shall be at your sole risk. AppiDoc disclaims all warranties of any kind, whether express or implied, including, but not limited to non-infringement of third party rights with respect to the contents of the Website and/or mobile applications, or any reliance upon or use of the Website and/or mobile applications contents or products.
Further, AppiDoc makes no warranty:
- That the content made available on the Website and/or mobile applications is complete, updated or accurate; or
- That the third party information made available on the Website and/or mobile applications or the third party links made available on the Website and/or mobile applications are accurate, reliable or complete.
Each User shall note and agree to the following terms:
- The information provided by the Doctors and displayed on the Website and/or mobile applications relating to the practice areas of the Doctor, expertise, educational qualifications etc. are not reviewed or vetted by AppiDoc and AppiDoc shall not in any manner be responsible for any inaccuracy with respect to such information.
- AppiDoc does not endorse or recommend the engagement of any particular Doctor listed on the Website and/or mobile applications, and a Patient shall engage with a Doctor at the Patient’s own risk and volition.
- AppiDoc is not an expert on the provision of medical or healthcare services of any type.
- AppiDoc shall not be responsible for any wrong advice or medication or the quality of the treatment being given by the Doctors or for any medical negligence on the part of the Doctor.
- The Website and/or mobile application is not intended to be used in a situation of emergency, and AppiDoc does not warrant that a Doctor would be available for consultation at any particular time or circumstance.
- AppiDoc shall not be responsible for any misconduct or inappropriate behaviour by a Doctor.
- AppiDoc is not liable for any damage or harm resulting from any posts by or interactions between Users.
- AppiDoc strives to provide the highest level of service to our customers. Appidoc shall not be responsible for any interruption of service as we depend on many third party service providers for connecting calls, videos, email and sms from our application.
LIMITATION OF LIABILITY
The aggregate liability of AppiDoc to a User with respect to the Website and/or mobile applications content and for the Services and/or for any breach of this Agreement is limited to the value of the Consultation Fee paid (where the User is a Patient) or received (where the User is a Doctor) by that User. AppiDoc shall not be liable for any direct, indirect, incidental, special or consequential damages in connection with this Agreement or in connection with the Services.
You shall indemnify, defend and hold harmless AppiDoc as well as each of its representatives, employees, contractors, agents, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses in relation to all claims arising out of (a) a breach of the obligations undertaken by you under the terms of this Agreement; (b) use or misuse by you of the Website and/or mobile applications content; (c) breach of any intellectual property or other proprietary rights of any person or entity; or (d) the inaccuracy or incompleteness of any information or data you supplied on the Website and/or mobile applications.
If and when so required, AppiDoc may seek written assurances from you regarding your undertaking to indemnify AppiDoc, and your failure to provide such assurances would amount to a material breach of this Agreement. AppiDoc may participate in any legal proceedings where you are defending a third party claim related to your use of any of the Website and/or mobile applications or of the Services. You shall notify AppiDoc of any third party legal proceeding that is initiated in relation to the Website and/or mobile applications or the Services, to which legal proceeding you are a party.
REDRESSAL OF GRIEVANCES
If a User has any questions or grievances regarding the Website and/or mobile applications, the contents thereof or the Services, the User may reach out to [Mrs Vishnu Vandana] of the AppiDoc customer support at [email@example.com] (the “Grievance Officer”). The Grievance Officer shall address any complaint or grievance that is raised by a User within a period of one (1) month from when it is raised.
Force Majeure. AppiDoc shall not responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott. AppiDoc may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and/or mobile applications and the provision of the Services.
Entire Agreement. This Agreement comprises the entire agreement between you and AppiDoc with respect to the use of the Website and/or mobile applications.
No Waiver. A delay or failure by AppiDoc to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
Notices: All notices given to a User by AppiDoc or by a User to AppiDoc or another User shall be in writing and in the English language. Such notice shall be sent by e-mail or mailed by a prepaid internationally-recognized courier service to the intended recipient at the address set out below, or any changed address that is notified by either Party:
Notice to AppiDoc:
AppiDoc Healthcare Private Limited
No. 205, first floor,
3 rd main, Dollars Colony,
2nd Stage RMV Extension,
Notice to User:
At the email address provided by you at the time of registration on the Website and/or mobile applications.
Governing Law; Jurisdiction. This Agreement is governed by the provisions of Indian law, including but not limited to the following:
- the Indian Contract Act, 1872;
- the (Indian) Information Technology Act, 2000;
- the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; and
- the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
This Website and/or mobile applications originates from the State of Karnataka in India. This Agreement will be governed by the laws that are applicable in the State of Karnataka. By using this Website and/or mobile applications, you consent to the jurisdiction and venue of the courts located in Karnataka, India in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.
Termination. AppiDoc may terminate your access to the Website and/or mobile applications without any notice to you if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement.