Term & Conditions AND User Agreement

   

 This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.doctorooms.com website. Your use of www.doctorooms.com website (Hereinafter, referred to as "the Website"), including but not limited to, its related sites, applications, services and tools, is governed by the following terms and conditions as applicable to the Website and the general principles for other websites of our affiliates. This User Agreement for the Website shall come into effect on as soon as it is uploaded on the website. These terms and conditions constitute your binding obligations towards the “Doctorooms”.

 For the purpose of the User Agreement, Registered User / Guest User and wherever the context so require ‘You/ you/ your’ shall mean any natural or legal person who is browsing the Website or has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as a service provider or service recipient or guest user using the Website and is deemed to have accepted this electronic version of the present Terms & conditions and User Agreement.

 As a new Registered User/ Guest User, this User Agreement shall be effective and binding upon your browsing of the Website or acceptance of any terms & conditions. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ or on the ‘continue button’ as provided on a webpage or clicking on such related buttons while transacting as Guest User or such other actions including browsing of the Website, implies your acceptance. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Doctorooms Rules and Policies, please do not click on the "check box " and on the ”continue” button or such related button and do not seek to obtain access to or otherwise use the Website.

1. User Eligibility

 Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not browse the Website. As a minor if you wish to register on the Website such registration may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. Doctorooms reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Doctorooms’s notice or if it is discovered that you are under the age of 18 years or incompetent to contract.

1.1 Service Provider registration

 If you are registering as a service provider, you are hospital/clinic/business entity/Registered Medical Practitioner/Supporting Staff and you represent that you are duly authorized by the hospital/clinic/business entity/ Registered Medical Practitioner to accept this User Agreement and you have the authority to bind that hospital/clinic/business entity to this User Agreement.

1.2 Service Recipient registration

 If you are registering as a service recipient, you are a patient or a person interested in availing services provided by service providers or a guest user.

 From time to time, you shall be responsible for providing information by you. In this connection, you undertake that all such information shall be accurate and to the best of your knowledge or information. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed or act in any way prejudicial to Doctorooms.

2. Amendments

 Doctorooms may amend this terms and conditions at any time by posting a revised version on the Website. The revised version will be effective at the time the same is updated on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in Doctorooms Privacy Policy.

 By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by Doctorooms Privacy Policy as provided from time to time at the following source on the Website:

1. Doctorooms Privacy Policy.

 Please note: various underlined words and phrases are hyperlinked to various rules and policies on the Website.

3. Account and Registration Obligations

 If you use the Website as a User, you are responsible for maintaining the confidentiality of your User ID and Password. If you use the Website as a User you are responsible for maintaining the confidentiality of your email ID and cell number and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password , email id and cell number as the case may be. Also as a User, you shall ensure the physical security and possession of your cell phone. You agree, inter alia, to: 1. Provide true, accurate, current and complete information about yourself as prompted by Doctorooms's registration form or provided by You as Guest User (such information being the "Registration Data") 2. You can be required to input any of your private details including health and family related details; and 3. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Doctorooms has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement. Doctorooms has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

4. Electronic Communications

 When you use the Website or send electronic communnications or other data, information or communication to Doctorooms, you agree and understand that you are communicating with Doctorooms through electronic records and you consent to receive communications and give consent to Doctorooms to store information, process the information and related activities with electronic records as and when required or even otherwise as deem fit by the Doctorooms and its affiliates.

 You consent the Doctorooms to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your Information, in any media now known or not currently known, with respect to Your Information.

5. Fees and Services

 At present, the Membership on the Website is free for service recepients. However, before you register as a service provider, we request you to discuss our Fees and Credit Policy which is hereby incorporated by reference into this agreement. Doctorooms reserves the right to change its Fees and Credit policies from time to time. In particular, Doctorooms may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Doctorooms reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and Credit policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Doctorooms within such time as specified in the invoice.

5.1 Taxes

You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

5.2 Non-payment

Doctorooms reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to Doctorooms. Doctorooms also reserves the right to take legal action in case of non-payment of fees by you to Doctorooms.

6. Use of the Website

6.1

You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles.

i. "Your Information" is defined as any information you provide to us or other users of the Website ("Users") in the registration (as Registered User or as Guest User) or in the feedback area or through any other mode of communication. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. You agree to allow Doctorooms to store information, process the information and related activities with electronic records as and when required or even otherwise as deem fit by the Doctorooms and its affiliates.

ii. Your Information (or any items listed)

 The text in the following paragraphs is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules, 2011, in case of non-compliance with rules and regulations, user agreement and privacy policy for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.

You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that

(a) belongs to another person and to which You does not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c) harm minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) impersonate another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(i) 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

(j) shall not be false, inaccurate or misleading;

(k) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

Without prejudice to the generality of the above, Doctorooms does not permit transactions in the following items, including but not limited to, categories as stated in the Prohibited and Restricted Items Policy which can be accessed at;

(l) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and

(m) shall not link directly or indirectly to or include descriptions of items, goods or services that:

  • are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under;
  • are concurrently listed for sale on a web site other than the Website;

7. Platform for Communication

 The Website is only a medium whereby service providers and service recipients may meet and interact with one another for services and benefits therefrom. Doctorooms is not and cannot be a party to or control in any manner any transaction between any of the service providers or service recipients of the Website. Consequently

7.1 All commercial/ contractual terms are offered by and agreed to between service recipients and service providers alone. The commercial/ contractual terms include without limitation price, expenses, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services. Doctorooms does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial/contractual terms between service recipients and service providers.

7.2 Doctorooms is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). Doctorooms cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Doctorooms shall not and is not required to mediate or resolve any dispute or disagreement between Users.

7.3 Doctorooms does not make any representation or Warranty as to the item-specifics (such as services, speciality, experience, qualifications, quality, worth, and marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on or through the Website. In particular, Doctorooms does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website except specifically permitted by the Doctorooms. Doctorooms accepts no liability for any errors or omissions, whether on behalf of itself, it’s affiliates or third parties.

7.4 Doctorooms does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.

7.5 The Website is only a venue through which Users can reach a larger base to buy and sell items or services. Doctorooms is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly biparty contract between service recipients and service providers. At no time shall any right, title or interest over the items vest with Doctorooms nor shall Doctorooms have any obligations or liabilities in respect of such contract. Doctorooms is not responsible for unsatisfactory or delayed performance of services or damages or delays.

7.6 At no time shall any right, title or interest over the items vest with Doctorooms nor shall Doctorooms have any obligations or liabilities in respect of such contract. Doctorooms is not responsible for unsatisfactory or delayed performance of services or damages or delays. All items are offered by service providers are only for a restricted time and only for the available supply as offered by service providers.

7.7 You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.

8. Privacy

 You information is also governed by the Privacy Policy of the Website. We endeavour store and process Your Information on computers that are protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act, 2000 and rules there under. Our current Privacy Policy is available at [•] (website privacy page link). If you object to your Information being transferred or used in this way please do not use the Website.

Your Consent

By using the Site and/ or by providing your information, you consent to the collection and use of the information you disclose on the Site by Doctorooms in accordance with Doctorooms terms & conditions and Privacy Policy.

Breach

Without limiting other remedies, Doctorooms may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to

10.1 If you breach the User Agreement or Privacy Policy or the documents, agreements rules, policies, terms and conditions these incorporated herein by reference;

10.2 If Doctorooms is unable to verify or authenticate any information you provide; or

10.3 If it is believed that your actions may cause legal liability for you, other Users or Doctorooms. Doctorooms may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Doctorooms or use the Website in any manner whatsoever until such time that such User is reinstated by Doctorooms. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, Doctorooms reserves the right to recover any amounts due and owing by you to Doctorooms and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other legal proceedings against you.

10.4 Doctorooms has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Doctorooms may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and such necessary action against Guest User of such member and/or disqualify that member and any related members from availing protection through this program.

10.5 Doctorooms reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Doctorooms may at its sole discretion suspend, block, restrict, cancel the user id [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program.

11. Limitation of Liability

 In no event shall Doctorooms and its affiliates be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement.

 Doctorooms's liability in any circumstance is limited to the amount of fees, if any, paid by you to Doctorooms. Doctorooms, its associates, affiliates and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website Facility will be error free and/or uninterrupted. Consequently, Doctorooms assumes no liability whatsoever for any monetary or other damage suffered by you on account of

11.1The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website Facility; and Rules and Polices which are incorporated by way of reference in this Agreement.

11.2Any interruption or errors in the operation of the Website or Facility. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Doctorooms has been advised of the possibility of such damages).

12. Indemnity

 You shall indemnify and hold harmless Doctorooms and (as applicable) Doctorooms’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, Doctorooms Rules and Policies or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.

 You indemnify Doctorooms and (as applicable) Doctorooms’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under this agreement or any applicable law.

13. General

 None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Doctorooms and you shall have no authority to bind Doctorooms in any manner whatsoever.

 If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

 This Agreement sets forth the entire understanding and agreement between you and Doctorooms with respect to the subject matter hereof.

 In Doctorooms’s sole discretion, Doctorooms may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that Doctorooms assigns the Agreement on the same terms or terms that are no less advantageous to You.

14. Grievance Officer

 In accordance with Information Technology Act, 2000, and rules made there under, the name and contact details of the Grievance Officer is as per the privacy policy of the Website.

15. Arbitration

 If any dispute arises between you and Doctorooms during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Doctorooms. The place of arbitration shall be at Palanpur. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

16. Governing Law

 The User Agreement the documents it incorporates by reference shall be governed and construed in accordance with the laws of India.

 This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.