Terms & Conditions
These Terms and Conditions of Use (hereinafter referred to as “Terms”) as hereinafter appearing are published in accordance with the provisions laid down under Rule 3(1)(a) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 and the same constitutes “Electronic Record” within the meaning of Section 2(t) of the Information Technology Act, 2000 and the Rules framed thereunder. These Terms are also governed by all applicable laws including but not limited to Indian Contract Act, 1872. These Terms being an electronic record does not require any signature.

Preface:
 
This Website (www.doctor4you.in_____ “Website”) and _____ (“Mobile Doctor4youApplication”) (collectively referred to as Digital Platform) is coined, adopted, maintained and operated by __________, Webricks Innovations Pvt. Ltd., Limited a Company incorporated under Laws of India, having its registered office at, Indore, (M.P.)___________ (hereinafter referred to as “Swastika______”).

Entire Agreement:
 
This Agreement (hereinafter defined) sets out the Terms under which the User(s) (hereinafter defined) is/are permitted to use the Website/Mobile Application and the Services (hereinafter defined) available thereunder.

Changes:
 
Company reserves its rights to modify, update, change, edit, alter, amend, revise or substitute (collectively “Revisions”) the Agreement from time to time. Any Revisions made will be effective immediately upon their posting on the Digital Platform.
 
Any material changes will be notified to the User(s) either through the Services, email(s), SMS or in-app push notifications. User(s) are encouraged to review these Terms periodically for any updates or Revisions. User(s) continued use of the services consequent to any Revisions, shall be deemed acceptance of such Revisions/revised terms and conditions.

Acknowledgement:
 
Before accessing or creating User Account (hereinafter defined) on the Digital Platform, User(s) are advised to carefully read these Terms and the Digital Platform’s Privacy Policy available on the login page / Home page,at ________ the Terms and the Privacy Policy are collectively referred to as “Agreement” herein. By accessing / browsing the Website / Mobile Application for any information and / or availing the Services, the User(s) hereby acknowledge that they have read, understood and accept all the terms and conditions of the Agreement and agree to abide by the same. If the User(s) do not consent or accept the terms and conditions of the Agreement they are advised to forthwith disengage from the Website/Mobile Application and stop the access / use thereof.

Company reserves the right to (i) accept or reject the request of the User(s) to create an account, (ii) terminate the account of registered User(s) for unauthorized use, or (iii) refuse the Services offered through this Digital Platform due to non-availability of Services.

Eligibility for accessing and availing the available Services on the Digital Platform:
 
Any person aged 18 years or above and capable of entering into a contract under the Indian Contract Act, 1872 and subject to acceptance by Company is permitted to create/ access User account to avail the available Services. Minors are prohibited from accessing or creating User Account; however Legal Guardian of the Minors can avail the available Services for Minors in accordance with applicable laws. Services are available only for the citizens of India and in the Territory. Users’ may please note that certain Services may be available or limited to only particular area within the Territory.



Interpretation:
 
In this Agreement:
 
The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of content thereof and shall not be used to interpret the provisions of this Agreement.

The terms “hereof”, “herein”, “hereto”, “hereunder” or similar expressions used in this Agreement mean and refer to this Agreement and not to any particular Clause of this Agreement. The terms “Clause” or “sub-clause” mean and refer to the Clause or sub-clause of this Agreement.

Any reference to any statute or statutory provision shall include: (i) all subordinate legislation made from time to time under that provision (whether or not amended, modified, re-enacted or consolidated), and (ii) such provision as from time to time amended, modified, re-enacted or consolidated (whether before or after the date of this Agreement) to the extent such amendment, modification, re-enactment or consolidation applies or is capable of applying to any transactions entered into under this Agreement and (to the extent liability thereunder may exist or can arise) shall include any past statutory provision (as from time to time amended, modified, re-enacted or consolidated) which the provision referred to has directly or indirectly replaced; and

No rule of construction or interpretation shall apply to the disadvantage or detriment of Company for having control or being responsible for the preparation of this Agreement.


Registration:

In order to view or access complete information and services offered by the company on the website / apps or similar interfaces, the User shall be required to make an account with the website / app either online or with help of an authorized representative or associate.

By registering themselves, the User agrees to be contacted by the Company through call, email and / or any other means of communication.

The User may be contacted for service-related reminders, updates, promotions, and latest schemes offered by the Company.

Limitation of Liability:

By using our Services, you confirm that you understand and agree to the following:

The Services availed by you from the healthcare service provider (“HSP”) (which inter alia include doctors / hospitals / clinics / diagnostic laboratories etc.) via Company are provided to you by the HSP you select and not by Company.

Company makes no express or implied representations or warranties about its software or services and disclaims any implied warranties, includes, but not limit to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. Company does not authorize anyone to make a warranty on behalf of Company.

Company only facilitates communications between you and the HSP and bears no responsibility for the quality and outcome of any such services obtained by you from the respective HSP.

Company may or has entered into Agreement with various HSP’s, engaged in the healthcare services on principal to principal basis without any fiduciary relationship and shall not be directly or indirectly responsible for any act or omission of such HSP’s. Users are requested to make independent enquiries and assessments and rely on professional advice independently obtained before availing any services from any HSP.

Company does not provide any medical or diagnostic services. If you receive any medical advice from a HSP you have contacted through Company, you are responsible for assessing such advice based on the information disclosed by you to the HSP, the consequences of acting on such advice, and all post consultation follow-up action, including following HSP’s instructions. You are advised to consult your family/ local doctor before acting upon the advice of the HSP. The advice of the HSP shall be considered as tentative advice and not a final advice. 

In the event that Company markets or promotes any services to you, please note that such Services will be provided by the relevant HSP, and you are responsible for undertaking an assessment regarding the suitability of such services and such HSP’s for your purpose. Marketing or promotion of Services should be considered as being for informational purpose only and does not constitute expert advice on the suitability of such services for your specific healthcare needs.

In no event, Company or its affiliates will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to: (i) these Terms and Conditions and Privacy Policy; (ii) your use or inability to use the Company Platforms; (iii) your use of any third party services including services provided by any HSP you contacted through Company.

Company does not control or endorse the content, messages or information found in any services provided by HSPs and merely acts as an aggregator / facilitator. Therefore, we specifically disclaim any liability with regard to the products and services offered by HSPs and any actions resulting from your participation in such products and services, and you agree that you waive any claims against Company relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against Company relating to the same. This section shall survive the termination of this agreement and the termination of your use of our Services.

During the initial stage of COVID, Company may recommend the basic tablets or Home Isolation & Care which was prescribed by ICMR as per https://www.icmr.gov.in/. Users are requested to make independent enquiries and assessments and rely on professional advice independently.

Data & Information Policy:

We respect your right to privacy in respect of any personal information provided to us. To see how we collect and use your personal information, please see our Privacy Policy. The Privacy Policy is by necessary implication part of this Terms and Conditions and the clauses therein are not repeated here for the sake of brevity.

Intellectual Property and Ownership:

You recognize and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the Company Platforms belong to us at all times or to those who grant us the license for their use.

No use of the Intellectual Property of the Company or third party which Company has a right to use may be made without the prior written authorization of Company.

Other Conditions

Pricing and Payment:

1. Price for usage rights of the Software shall be as decided by the Company from time to time. Payment must be made in advance or as agreed with the Company.

2. Company may add new Software for additional fees and charges or may proactively amend fees and charges for existing Software, at any time in its sole discretion.

3. You agree that the billing credentials provided by you for any purchases from Company will be accurate and you shall not use billing credentials that are not lawfully owned by you.

4. You agree to pay all fee and other charges along with applicable taxes towards Software or any Service. The fee payable may be dependent on the Plan that you decided to purchase and on any additional usage beyond limitations of Plans. Fee once paid is non-refundable.

5. The payment process would be considered to be complete only on receipt of the fees into Company’s designated bank account.

6. Fee is payable on due date without any responsibility on Company to send reminders for any Fee due and payable. Fees not received within the specified due dates attract late charges of 18% per annum from the due-date of payment, and any such charges may be levied at Company sole discretion.

7. Company reserves the right to modify the fee structure by providing a 30 (thirty) days’ prior notice.

8. In order to process the fee payments, Company might require details of your bank account, credit card number and other such financial information. Please see Privacy Policy of Company on how company handles financial information.

9. You can cancel your access to the Software by contacting us by email or any other mode of communication with the Company. One-time set-up fees, if any, charged by the Company shall not be refunded.

10. Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Software, or parts thereof, except that you are entitled to a pro-rated refund for the remaining period of subscription as of the date of termination or upon the expiry of 45 (forty five) days from the date of your written notice to Company.

11. The subscription fees are non-transferable and the payment made to the Company for a particular Software or Service cannot be transferred or carried over to another Software or Service.

Accuracy of Information Displayed:

We have made every effort to display, as accurately as possible, the information provided by the relevant third parties including HSPs. However, we do not undertake any liability in respect of such information and or with respect to any other information in regard to which you are capable of conducting your own due diligence to ascertain accuracy.

Company does not undertake any liability in respect of any information with respect to which you are capable of conducting your own due diligence to ascertain accuracy.

 C. DRESS-CODE
You shall at the time of availing the services wear appropriate outfit. If your outfit/ dress if found to be inappropriate the Company/ HSP will request you to rejoin the consultation after wearing appropriate outfit. If you fail to do so, the Company/ HSP reserves the right to terminate your consultation. The Company further reserves the right to block you from accessing its platform.

D. USE OF APPROPRIATE LANGUAGE 
During the consultation as well while communicating with the Customer Care executive of the Company, you shall maintain decorum and use appropriate language. The Company / HSP reserves the right to block you from accessing the platform, if any abusive or inappropriate language is used by you. 

Third Party Links And Resources:

Where any of the Company Platforms contain links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Company lists HSP information on its Software Services as per information provided by respective HSP. The information listed is displayed when you search for any HSP on the Company Software, and this information listed on the Software may be used by you to request for appointments. Such information on the Software may continue to appear even after the HSP in any way discontinues its relationship with Company. Company does not provide any ranking algorithm in relation to the listing made on its Software. Further, Company does not provide any advertising services for the HSPs. And merely lists them for information purposes; you are advised to undertake your own due diligence regarding such HSPs. Company reserves the right to list HSP’s who are not party to this Agreement and the HSP’s who have subscribed to this Terms of Use are listed along with them. Company reserves the right to modify the listing of HSP on its Software.

Company disclaims any responsibility and shall not be liable for ways in which your data is used by HSP’s and other authorized users of Software. It is the responsibility of the respective HSP alone with whom your data has been shared with your consent, to ensure that your data is used in compliance to applicable data privacy laws and as per your mandate. The Software of Company may be linked to the services of third parties, affiliates and business partners. Company has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such third party services. Inclusion of any link on the Software should not be deemed to imply that Company endorses the linked site. You may use the links and the third party services at your own risk, choice and preference.

Events Beyond our Control:

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

1. Strike, lockout or other forms of protest;
2. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
3. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster;
4. Inability to use public or private transportation and telecommunication systems;
5. Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination.
6. Any other event as may be notified by the Company

Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfill these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.

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.


Indemnity:

You agree to indemnify and hold harmless Company, its affiliates, group companies, associates, subsidiaries, joint ventures, officers, directors, employees, consultants, licensors, agents, and representatives from any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) your use of the Subscription Services; (b) your violation of these Terms of Use or any applicable law(s); (c) your violation of any rights of another person / entity, including infringement of their intellectual property rights; or (d) your conduct in connection with the App / Website.

Term, Termination & Disputes:

  1. This Agreement will remain in full force and effect for using any of the Services or Software in any form or capacity.
  2. You can request for termination of your relationship with Company at any time by providing 30 (thirty) days’ prior written notice to Company. During this 30-day period, Company will investigate and ascertain the fulfillment of any ongoing Services or pending dues related to Software or any other fees payable by you. The User shall be obligated to clear any dues with Company for any of its Software or Services which you have procured. Company shall not be liable to you or any third party for any termination of your access to the Software and / or the Services.
  3. Company reserves the right to terminate any account in cases: 
  4. You breach any terms and conditions of this Agreement or Privacy Policy;
  5. Company believes in its sole discretion that your actions may cause legal liability for the Company or are contrary to the interests of the Company.
  6. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Software under the same account, a different account or re-register under a new account, unless explicitly permitted by Company. On termination of an account due to the reasons mentioned herein, you shall no longer have access to data, messages, files and other content kept on the Software. You shall ensure that you maintain continuous backup of any content, data or information provided by you on the Software, in order to comply with your record keeping process and practices.
  7. Return of User’s Data: Upon request by You within 30 (thirty) days after the effective date of termination of Software Services due to non-payment, Company will make available to you for download a copy of your data in such mode and manner as the Company may decide. After such 30 (thirty) days period, Company shall have no obligation to maintain or provide any of such data and shall thereafter, unless legally prohibited, delete all your data in its systems or otherwise in its possession or under its control. In cases where you terminate the subscription voluntarily, it will be your sole responsibility to make a copy of your data before terminating the subscription.
  8. Even after termination, certain obligations as mentioned herein above or evident from their very nature to have been intended to survive will continue and survive termination.
  9. Even after termination the Agreement shall continue to be applicable for any cause of action that has arisen directly or indirectly on account of your usage of the Software or the Services provided by the Company.
  10. In the event of any dispute, you can raise the dispute with Our Customer Care Department, and our Customer Care Department will coordinate with the HSP and will strive to find an amicable solution for your dispute. 
  11. In absence of any amicable solution, the dispute between you and the Company, if any, arising out of this Agreement, shall be determined by a sole arbitrator (preferably a former Judge) appointed by the Company keeping in view the provisions of Arbitration and Conciliation Act, 1996. The place of Arbitration shall be Indore (M.P.) and the language to be used in the Arbitration proceeding shall be English. The laws of India would be applicable for settlement of disputes between the parties. The Courts in Indore shall have exclusive jurisdiction with respect to any dispute arising out of this Agreement.

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