DrCare247 REFERS TO A SET OF ONLINE SERVICES OPERATED AND MANAGED BY GENIX TECHNOLOGIES PVT LTD DULY REGISTERED AND INCORPORATED UNDER RELEVANT PROVISIONS OF INDIAN COMPANIES ACT, (“WE”, “US”, “COMPANY”). WE FACILITATE A VARIETY OF ONLINE PRODUCTS AND SERVICES ENABLED BY TELEPHONE, INTERNET, ONLINE MESSAGING, ONLINE CHAT, SMARTPHONE APPS AND OTHER METHODS (“SERVICES”).
By using our website, you hereby consent to our terms, as detailed below. All the information on this website is published in good faith and for general information purpose only. We do not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this website, is strictly at your own risk. We will not be liable for any losses and/or damages in connection with the use of our website.
From our website, you can visit other websites by following hyperlinks to such external sites. The website provides content from other internet websites or resources and while we try to ensure that material included on the website is correct, reputable and of high quality, we shall not be held liable or responsible if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the website.
Please be aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the “privacy policies” of these sites as well as their “terms of service” before engaging in any business or uploading any information. If you require any more information or have any questions about our site’s terms of service, please feel free to contact us by email at support@DrCare247.com.
Eligibility to use
Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website at our sole discretion. The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.
In order to use the Website, you must register for an account with us (“Account”). You represent and warrant that the registration and any Account-related information you provide is accurate and will be kept up-to-date. You alone are responsible for any and all activity that occurs in the Website through your Account, and you agree to immediately notify us upon becoming aware of any unauthorized use of your Account or any other breach of security related to the Website.
The Website is owned and provided by us. You are granted a limited, revocable, non-transferable, nonexclusive license to use the Website on computers, smart phones or other mobile devices that you own or control. We can terminate this license at any time and with or without any reason. The Website’s layout, content, graphics, photographs, images, audio, video, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Website (“Content”) contained in the Website are proprietary to us, our affiliates and/or third-party licensors. The Content is protected by Indian and international copyright and trademark laws, and you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our explicit permission . All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of some of the content on the Website may be owned by the third parties. This site is designed, updated and maintained by us or our licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.
Intent of Website
The material and information available on this Website is intended for informational purposes only, and does not constitute health or other advice nor should it replace consultations with qualified medical or other relevant professionals in your jurisdiction. Do not use this site or any of our services for emergency medical needs. You understand that, in case of a medical emergency, you must consult a qualified medical provider or other relevant professionals in your jurisdiction. Please consult a healthcare professional or other advisor for specific recommendations about your condition. We do not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by any professional through the Site, employees, others appearing on the Site at our invitation, or other visitors to the Site is solely at the user’s own risk.
THIS WEBSITE IS NOT INTENDED TO BE USED TO:
Treat a medical emergency or medical condition.
Advise or resolve legal, medical or financial issues outside the scope of what has been agreed or provided.
Information or advice provided on the Site by professionals should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment. Nothing transmitted to or from this Site constitutes the establishment of a doctor-patient relationship between you and any professional providing information or advice through the site. The site is not intended to diagnose a medical condition.
Though we have taken precaution to provide accurate data and information, we cannot and do not monitor post’s by the professionals registered on this website as the content is posted in real time and not reviewed by us prior to posting. The Content is not intended to be a substitute for face-to-face professional advice, diagnosis, or treatment. The user shall always seek the advice of an attorney, physician, financial professional or such other professional within the user’s jurisdiction with any questions regarding a legal, medical or financial condition. Never disregard professional legal, medical or financial advice or delay in seeking it because of information provided by a professional through the Site. The information made available on this Website changes rapidly and therefore, some of the information may be out of date. You agree to bear all risk associated with the use of or reliance on any such information, and release and hold us harmless from cause of action that may arise in connection with your reliance on information contained in this Website.
You understand and agree that we do not regularly review the posts on the Site and the views expressed therein are those of the posters and do not necessarily reflect those of the owners, managers, directors, employees, agents, partners, advertisers or affiliates of DrCare247. We assume no responsibility for the posts or the information contained therein, nor do we make any claims, promises or guarantees about the accuracy, suitability or completeness of any of the information on the Site or in the posts. All advice and/or information obtained directly or indirectly from the Site are provided at the user’s own risk.
You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Website;
modify, translate, adapt, merge, make derivative works of, disassemble, decompile or reverse engineer any part of the Website;
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
access or use the Website in order to build a similar or competitive product or service;
remove or destroy any copyright notices or other proprietary markings contained in the Website;
use the Website to upload or distribute any (or any links to) computer viruses, worms, malicious code or any software intended to damage or alter a computer system or data;
disrupt, disable, overburden, impair or otherwise interfere with the operation of the Website or the servers or networks connected to the Website, or violate the regulations, policies or procedures of such servers and networks;
attempt to gain unauthorized access to the Website or other computer systems or networks connected to the Website, through password mining or any other means;
Use the Website to harvest or otherwise collect or store any information for purposes other than those designed and implemented by us.
interfere with another User’s use and enjoyment of the Website;
impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse you, your website, your business or any statement you make, or present false information about the Website or use the Website to upload or share any content that:
infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website;
is unlawful, harmful, threatening, blasphemous, abusive, harassing, tortuous, defamatory, vulgar, obscene, paedophilic , pornographic, libellous, invasive of another’s privacy, hateful, racially, ethnically, relating or encouraging money laundering or gambling, or otherwise objectionable;
constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of duplicative or unsolicited messages, whether commercial or otherwise or Violates any law, regulation or contractual obligations.
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. Encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
We reserve the right (but have no obligation) to review any content that you upload to the Website. We may remove any content that violates the Code of Conduct, and suspend or terminate your Account at any time for any reason in our sole discretion with or without notice to you.
If any complaint is received against a user to the effect he/she has used the website for the above purposes, then upon receiving such complaint we will delete any inappropriate posts as quickly as possible; however, the submissions are generally posted in real-time and are not reviewed by us before they are posted to the Site. We reserve the right to terminate the account in question. We also reserve the right to initiate legal action against you.
For the purposes of this Agreement, the term Platform shall include the website, web application, native mobile application wherein the channel of communication involves email, phone, video, chat, sms as well as notifications. You are prohibited from violating or attempting to violate the security of the Website by:
Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, ‘flooding,’ ‘spamming’, ‘mail bombing’ or ‘crashing;
Sending unsolicited email, including promotions and/or advertising of products or services; or Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. When you submit your phone number along with your address or to request our call back, you consent to receive calls on that number for communication related to your order/request and other site related communication.
The Website is accessible to visitors/non-registered user, registered users and registered medical practitioners.
“Registered User” are users who have registered themselves by creating an account on the website by providing certain mandatory Information and use the website by username and password generated at the time of registration.
Non-Registered User” is a user who has not registered with the website and may have limited access to the information provided by website.
“Registered Medical Practitioner” or “RMP” are qualified Doctors registered with their State Council or Medical Council of India or any other authorised body involved in registration of Doctors and regulating their practise. RMP can provide following service:
Registered Users can book tele-consultation with RMP using platform.
RMP can provide information to the query raised by Registered Users.
Registered User can consult RMP privately.
RMP can publish health related information on website for the general use of Registered User.
Registered User, Non-Registered User and RMP are collectively referred to as “USERS”.
Features of the Website:
The Website offers following service:
Medium for obtaining generic and preliminary information from RMP on questions asked by them on website.
Medium to access generic and preliminary information provided by RMP to questions posted by other Registered User.
Medium to schedule Tele-consultation with RMP at the RMP’s premises.
Medium to interact with RMP privately through the phone, video,email, chat and other features available on the platform after the payment of consultation fee to the RMP and an internet handling fee to DrCare247.
Medium to pay RMP for interaction over platform after paying DrCare247 for internet handling fee.
Medium to access health related information and educational material posted on website by DrCare247 and RMP
Access to RMP Profiles as available in the Website. RMP profile includes their name, qualification, experience, specialization, consultation fees, personal statement, education, professional memberships etc.
Medium to know the RMP availability for Tele-consultation
Medium to access health related information and educational material posted on website by DrCare247 and RMP
Types of content on the Website:
The various types of content available on the Website may be categorised as follows:
Content provided by Registered Users including questions provided by Registered Users and interactions in the course of private interactions with RMPs (“User Content”);
Content provided by RMP including health related information and educational material; and information provided by way of responses to questions raised by Registered Users or in course of private interactions with Registered Users (“ RMP Content”);
Content which DrCare247 (through itself or its contractors) has generated or procured for the Website (“DrCare247 Content”);
USE OF THE SITE
Use by all Users (Registered, Non-Registered User and RMP) You will use the Website only for purpose and manner in compliance with all applicable Indian Laws and Agreement. ANY USE OTHER THAN THE INTENDED PURPOSE SHALL RESULT IN TERMINATION OF YOUR ACCESS.
You understand that as part of Your registration process as well as in course of Your use of the Website to impart knowledge and other promotional offer regarding the service you have opted for, You may receive SMS messages, phone call and e-mail from DrCare247 on Your registered mobile number and email id. It is your responsibility to ensure that You provide the correct number and e-mail id for the transaction You wish to enter into. Further, DrCare247 may also send notifications and reminders to You with respect to appointments scheduled by You for the features that You may be using on the Website. You hereby consent to receive such messages, phone call and e-mail from DrCare247
ROLE OF DrCare247
DrCare247s role is limited to a) providing a medium for hosting and publishing User Content and RMP Content b) providing a medium for Registered Users to raise health related questions and RMP’s to provide preliminary and generic information to the questions c) providing a medium for private interaction between Registered User and RMP d) providing a medium to find RMPs based on Registered User’s inputs and RMP profiles created by RMPs themselves and e) facilitating collection and disbursal of consultation fee of RMPs. DrCare247 role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, DrCare247 has no responsibility and / or liability in respect of the content and transactions on the Website including any User Content or RMP Content , information provided by RMPs, interactions between RMPs and Users. DrCare247 does not have the obligation to pre-screen or monitor User Content or RMP Content at any time. However DrCare247 may in its discretion elect to monitor any User Content or RMP Content and remove any User Content and RMP Content from the Website if it determines that such Content is in violation of this Agreement or any applicable law and best practices. Where DrCare247 removes any such Content from the Website, DrCare247 will make reasonable efforts to inform the User or RMP who had posted. Such actions do not in manner negate or dilute DrCare247’s position as an intermediary or impose any liability on DrCare247 with respect to User Content and/or RMP Content. If DrCare247 suspects any illegal, wrongful or fraudulent activity on the Website by any Registered User or RMP, DrCare247 shall inform the relevant government or law enforcement authorities. DrCare247 will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities. DrCare247 does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.
LINKS TO THIRD PARTY WEBSITES
User may be provided links on the Website that direct User to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively “Third Party Websites”). DrCare247 does not promote any Third Party Websites that are available on Website.
The Website, User Content RMP Content and the DrCare247 Content are protected by applicable intellectual property laws.DrCare247 Rights to the Website and DrCare247 Content.
All intellectual property associated with Website, any software, techniques and processes used in connection with the Website, belongs exclusively to DrCare247 or its licensors. By using the website User is not granted any rights impliedly or expressly.
DrCare247 and/or its licensors own all proprietary rights with respect to names and trademarks contained on the Website. The name, “DrCare247” is the trademark and copyright (or any other intellectual property right) of DrCare247 and/or its licensors. Any use of the trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of DrCare247 and may be actionable under the applicable laws.
Except as stated otherwise in this Agreement all DrCare247 Content (including all intellectual property rights to such content) is owned exclusively by DrCare247 and/or its licensors.
When you use the Website in accordance with this Agreement, a limited royalty-free right is granted to you by DrCare247 to use DrCare247 Content for personal and non-commercial use in India for the time that You are either a Registered User or an RMP or for the time that You make use of the Website, whichever is less.
Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
Unless expressly authorized by DrCare247, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the DrCare247 Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
Rights in User Content And RMP Content All the rights including intellectual property right with respect to user content is vested with User.
You hereby grant DrCare247 perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content (in case You are a Registered User) or RMP Content (in case You are a RMP) including the right to copy, distribute, display, reproduce, modify, adapt, the User Content or RMP Content, as the case may me, and create derivate works of the User Content or RMP Content, as the case may be.
You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank or other payment wallet service providers that may be used and not taken by us. We will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.
Refusal of Service
We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part or function thereof) with or without notice if a computer virus, bug, or other technical problem corrupts the security, or for proper administration of the service.
This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to us. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for any service already ordered from the Website or affect any liability that may have arisen under the User Agreement.
the accuracy, reliability, completeness, correctness, authenticity or timeliness of the Content, software, text, graphics, links, or communications provided to the user on or through the use of the Site.
The compliance by the Company, with government laws, rules, regulations and notifications in force in any country, or the laws of any jurisdiction with regard to the ability to use the Site or requiring disclosure of information contained on the Site
We understand/ agree that we make no claim that the contents of the Site, such as text, graphics, images and information obtained from service providers and any other material contained on the Site is appropriate or may be downloaded in a particular jurisdiction. Access to the Site and Content may not be legal by certain persons or in certain states or countries. If you access the Site from outside India, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Provisions relating to the liability, user submissions, Indemnity, Jurisdiction, and Entire Agreement, survive the expiration or termination of these Terms and Use for any reason whatsoever. We also understand that for all consultations including medical consultations in particular, before acting on any of the advice offered in/through the site, we should confirm that such action is applicable and suitable to us, by referring to our own medical practitioner or by obtaining a second and third opinion of other medical practitioners. The limitations associated with consultations or other services exclusive of physical examination, in person medical advice or onsite and extensive investigations are hereby accepted and agreed to by us. We further absolve from all liability, DrCare247 and its owners, managers, directors, employees, agents, partners, advertisers and/ or affiliates from any legal responsibility for any incorrect or misleading information provided by any professional or contained within the Site.
We also absolve professionals engaged by the Company who offer services through the website from any responsibility or liability whatsoever, for any medical, legal or financial events or outcomes related to services attained by us through the use of the services.
You as the user agree that the site shall be used on own free will and shall not be guided in any manner including by way of any promotional emails, phone calls and advertisements from the Company and its affiliates and partners. The use of the Site and the Content is therefore entirely at your own risk. As the user, you agree that, to the fullest extent permitted by law, neither Singularity Healthcare IT System Pvt Ltd, its licensors, its suppliers, nor any third parties mentioned on the Site shall, in any event whatsoever, be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption, including any computer virus) resulting from the use or inability to use, by you, of the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages. To the extent permitted by law, all legal claims if any, arising in connection with your use of the Site and any of its Content, shall be brought within One (1) year from the date of occurrence of the event giving rise to such action.
Jurisdiction, Mediation & Arbitration
We hope that any dispute will be resolved amicably by Mediation between both the parties. Failing which, the dispute will be subject to arbitration in Bangalore in English under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost. You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement. This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Bangalore.
Entire Agreement & Severability
If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and us with respect to the Websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Websites/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.