The words “use” or “using” in this Agreement means any time an individual, whether a patient or not, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, upload, download, transmit, receive or exchange data or communicate with the Website and/or App, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Website, for any purpose whatsoever (collectively “user”, “you”, “your” or “yourself”). This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Website and we reserve the right, at any time and from time to time, at our sole discretion, to change the terms of this Agreement. We will post notice of such changes to this Agreement on the Website. If you object to any such changes, your sole recourse shall be to stop using the Website and/or Services. Your continued use of the Website following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
“User Content” means and refers to any and all information whether personal, sensitive or other content, data, media and materials that you submit through this Website, the App and/or in relation to the Services, which may be displayed, viewed & accessed by the doctors on the Website regardless of the medium, format or form, now known or hereinafter developed or discovered, and regardless of where created, whether the characters are real or fictional, in any part of the world.
“Post” or “Posting” means and refers to any and all the information, ideas, opinions, messages, comments, suggestions and /or other information that you submit, post, display, transmit and /or exchange using the opportunity and means provided by this Website, to participate in forum services, blogs, web communities and other messages and communication facilities. User Content is also considered a “Posting”, and therefore, all terms and conditions contained herein shall apply to all terms and conditions contained within this Agreement. You are solely and entirely responsible for the consequences of all Postings that you upload and otherwise make available on the Website. Postings are not reflective of the Website or Doolae Healthcare and are solely the user’s views, ideas, opinions, or other information.
1.1 Subject to your compliance with the terms and conditions of this Agreement at all the times, Doolae Healthcare grants you a personal, non-exclusive, non-transferable, limited privilege to access the Website, the App and/or avail the Services.
1.2 Further, by using the Website, the App and/or the Services, you represent that:
- you are competent and can perform legally binding contracts;
- you have the authority to enter into this Agreement personally, and if applicable, on behalf of any company, organization or entity on whose behalf you use the Services and/or otherwise use the Website and/or the App;
- you are an adult and of legal age and/or otherwise eligible and permitted by law to avail these Services through this Website and/or the App; Doolae Healthcare reserves the right to deactivate and / or refuse to provide you with access to the Website, the App and/or the Services if it is brought to its notice or if it is discovered that you are in violation of any of the aforesaid representations.
Your use of the Website is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all acts and omissions that occur in, from, through or under your user name or password you shall not use, allow, or enable others to use the Website and/or the App to:
3.1 violate any local, state, national, or international law or regulation, judicial or governmental order, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or any other person; gain unauthorized access to the Website, the App, other users’ accounts, names, passwords, personally identifiable information, and/or sensitive personal data or information or other computers, websites or pages, connected or linked to the Website or to use the Website in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
3.2 host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which you do not have any right to;
- is grossly abusive, harmful, tortious, 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 whatsoever;
- harms 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 address 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;
- 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 of any other nation.
3.3 affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;
3.4 transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, or so-called “spamming” or “phishing”, chain letters, pyramid schemes, or any other form of solicitation;
3.5 transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files of programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
3.6 stalk, harass, or harm another individual, including by revealing the real name of any fellow user that has chosen to use an alias on the Website;
3.7 impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
3.8 use any ‘robot’, ‘spider’, ‘rover’, ‘scraper’ or any other data-mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute any data from the Website, our network or databases;
3.9 interfere with or disrupt the Website or servers or our networks, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.
3.10 Further you represent and warrant that:
- the Posting does and will not, in any way, violate or breach any terms of this Agreement;
- we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting, unless specifically so stated in any Additional Agreement(s);
- your User Content and our authorized use of the same do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights); and
- you have the right to grant the Website and Doolae Healthcare the right to use all such names, logos, brands, service or trade mark, sound, likeness or image of any person, firm or enterprise that are incorporated in your Postings;
If Postings originate from you or your account, you hereby understand, acknowledge and agree:
- that you specifically authorize the Website and Doolae Healthcare to use such Postings in whole or in part, worldwide, in perpetuity and in any and all media now known or hereinafter devised, alone or together with or as part of other information, content and /or material of any kind or nature;
- we have the right to delete, re-format and/or change your Postings in any manner we deem fit (although you will not be responsible for any such changes made);
- we do not assume any responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings; and
Postings do not reflect the views of the Website or Doolae Healthcare. We reserve the right to monitor, edit or screen any Postings. If we determine, in our sole discretion and judgement, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to
- refuse to allow you to Post;
- remove and delete Postings;
- revoke your right to use the Website; and/or
- use any technological, legal, operation or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Website.
The role of Doolae Healthcare in publishing Postings is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Doolae Healthcare disclaims all responsibility with respect to the content of Postings, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Doolae Healthcare shall not be liable to pay any consideration to any User for re-publishing any content across any of its or its affiliates platforms.
Doolae Healthcare may disclose or transfer Posting to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. Doolae Healthcare will comply with any duly-issued government or court directions to disable access to the Posting, should it be found to be illegal by a competent governmental authority.
5.Payment, Cancellation and Refund Policy
Upon registration, you would be able to avail our Services and chose the specific products and/or Service you wish to avail, including those products and/or Services that are available upon making the specified payments. Doolae Healthcare shall be solely responsible for collecting and processing payments, no requests for refunds will be entertained. Doolae Healthcare shall establish appropriate arrangements with payment gateways, e-wallets and other similar service providers to receive or effect payments from users for the purchase of the Services.
Doolae Healthcare shall not refund any amounts received upon a successful dispatch of the product and/or scheduling of appointment for consultation. However, Doolae Healthcare shall, either refund, reschedule and/or replace under the following specifically identified circumstances:
- should the consultation not be possible, on account of the unavailability of the Doctor concerned, at the option of the User, either reschedule the appointment or initiate the refund;
- should the product that has been paid for is delivered in a damaged condition and/or incomplete and/or otherwise rendered useless or inadequate at the time of delivery, then at the option of the User, either initiate replacement of such a product or the refund.
In case refund is initiated to be initiated, then [100%] of amount received and Convenience fees will be refunded to end user.
At the time of cancellation, amount will be refunded via same source of payment and will be subject to the payment terms of the source only. Amount will be refunded within 7 working days.
Doolae Healthcare shall endeavour to address all requests for refunds within 24 hours of receipt of such requests for a refund. However, depending upon the jurisdiction of the transaction or your residence, the monies may reach your account anywhere between 7 – 28 working days. Doolae Healthcare calculates and reconciles the revenues at the close of every calendar month and thus, all requests for refunds shall certainly be entertained and addressed towards the end of every calendar month, in the event that the same were not addressed previously.
Doolae Healthcare shall share the details of the commercial conversion, if any, relating to the User Content submitted by you and the total amounts, if any, become due and payable to you and send the same into you via your preferred mode of communication and/or account. You may have to disclose certain additional other Personally Identifiable Information such as the requisite payment particulars, including UPI Address, VPA, Bank Account Details, Credit or Debit Card Numbers, and so forth, in order to enable Doolae Healthcare to debit the said due and payable sums.
6.Ownership of Intellectual Property
The contents of this Website, including all Website databases, proprietary information, articles, software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, and all copyrightable or otherwise legally protectable elements of the Website and the App, including, without limitation, the selection, compilation, arrangements, sequence and ‘look and feel’ and all trade marks, service marks and trade names; patents, designs, algorithms and other industrial property rights including “logos”, “rental” rights and rights to remuneration, whether arising by operation of law, contract, license or otherwise and all registrations, initial applications, renewals, extensions, continuations, divisions or reissues here now or hereinafter in force (including any rights in any of the foregoing) (individually and/or collectively “Material”), are the property of Doolae Healthcare, and any of their successors and assigns, and any of their respective licensors, advertisers, suppliers and operational service providers and are legally protected, under Thai and foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly state so in writing, the term “Website” includes “Materials” as well.
Further, we own all the rights, title and interests in any compilation, collective work, adaptations, translations and/or any other derivative work created by using and/or incorporating your User Content (excluding your original content / User Content). You grant us and our users an irrevocable, non-exclusive, royalty free or fully paid (as applicable), perpetual right and license to distribute User Content, directly and through third party distributors, regardless of the medium, format or form, now known or hereinafter developed or discovered, including but limited to the digital formats by all digital distribution means available.
We respect and protect the intellectual property and other proprietary rights, both our own and those of others. You acknowledge and agree that you shall not upload, post, reproduce or distribute any content on or through the Website or the App that is violative of the intellectual property and other proprietary rights of a third party, without obtaining the permission of the owner of such rights. Any intellectual property or other proprietary content distributed on or through the Website or App with the consent of the owner must contain the appropriate proprietary rights notice. The unauthorized submission or distribution of intellectual property or other proprietary content is illegal and could subject you to personal liability or criminal prosecution. Nothing on the Website or App should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from Doolae Healthcare.
Doolae Healthcare employs multiple measures to prevent infringement of such rights over this Website and to promptly end any such violation that might occur. We have a policy of removing User Content that violates any intellectual property and/or other proprietary rights; suspend access and/or terminate the account of any user who uses to the Services and/or the Website to violate any intellectual property and/or other proprietary rights. If you believe that the Website contains elements that infringe your intellectual property or other proprietary rights, please send a written notice containing a statement of the alleged infringement to firstname.lastname@example.org
Your written notice must: a) contain your physical or electronic signature; b) contain a statement, under penalty of perjury, that you are the owner or the authorized signatory of the owner and believe that the Material on our Website is infringing in nature; c) contain a statement that the information contained in the written notice is accurate; d) identify the original intellectual property or rights thereto, claimed to be infringed; c) identify the allegedly infringing Material to enable us to locate the Material; and e) contain adequate information by which we can contact you (including postal address, telephone number and email address).
If you are a user whose Post was removed or access to it disabled, and you believe that the same was removed owing to a mistake or a misidentification, then please send us a notice to the aforementioned address. Your notice may contain the same information as is required in items a) and e) above in addition to i) identification of the Material that has been removed or disabled along with it’s location on the Website and ii) a statement, under penalty of perjury, that the Material has been removed owing to a mistake or a misidentification.
You may not copy, reproduce, publish, make derivative works, resell, distribute, or make any commercial use or non-commercial use, of any User Content, databases or materials available through our Services, the Website or the App. You may not copy or download, without authorization, sell, sub-license or redistribute our software applications or incorporate them (or any portion of them) into another product. You may not reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted) or the communications protocol for accessing the Services, the Website or other Material on the Website. You may not modify, adapt or create derivative works from the software or remove proprietary notices in the software.
8.Disclaimer and Limitation Of Liability
THIS WEBSITE, THE APP, THE MATERIALS, SERVICES, USER CONTENTS AND POSTINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU EXPRESSLY AGREE THAT USE OF THE SAME IS AT YOUR SOLE RISK. THE WEBSITE, DOOLAE HEALTH OR IT’S AFFILIATES DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTEE OR ASSURANCE THAT THE WEBSITE WILL BE AVAILABLE FOR USE, OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS, OR OPERATIONS WILL BE AVAILABLE OR UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE WEBSITE, OR AS TO THE FITNESS, ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR THROUGH THE SERVICES OR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, WILL WE, OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR RELIANCE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT) USE OF THE SERVICE OR THE WEBSITE. FURTHER, UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE AMOUNT OF FEES YOU PAID OR DUE TO US (IF APPLICABLE) FOR A PERIOD OF SIX MONTHS PRIOR TO THE DATE YOU SUBMIT A CLAIM.
In those jurisdictions that do not permit exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, our liability shall be the minimum permitted under such applicable law in such jurisdictions.
You agree to indemnify, defend and hold the Website, Doolae Healthcare, it’s officers, directors, employees, licensors, affiliates, subcontractors, successors and assigns harmless from and against all third party claims, losses, claims, liability, damage, action or cause of action (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) breach or violation of this Agreement or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity or public posting of your Postings. Doolae Healthcare will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
We reserve the right, at our expense, to assume the exclusive defense and control of any matter and all negotiations for settlement or compromise, including those otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
Neither party shall be deemed an employee, agent, partner or legal representative of the other for any purpose, and neither shall have or represent that it has any right, power or authority to bind the other or to assume or create any obligation or responsibility under law expressed or implied on behalf of the other or in the name of the other unless provided in this Agreement.
You agree to communicate with us electronically. Your affirmative act of registering, using or logging into the Services and the Website constitutes your acceptance to this Agreement. WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY, AT OUR DISCRETION, EITHER I) VIA EMAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS; OR 2) BY POSTING THE NOTICE ON THIS WEBSITE. The delivery of any Notice is effectively when sent or posted by us, regardless of whether you read the Notice or actually received the delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Services, the Website and/or the App. In case you wish to send us a notice, you may communicate electronically at the below mentioned email address: email@example.com
13.Governing Law and Jurisdiction
Grievance Officer- In accordance with Information Technology Act 2000 and Rules made there under, the name and contact details of the Grievance Officer who can be contacted with respect to any complaints or concerns including those pertaining to breach of this Agreement; violations specified under Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011 (to be resolved within thirty six (36) hours; and other policies or questions are published as under:
E-mail address: firstname.lastname@example.org
(9:00 AM to 5:30 PM from Monday to Friday except Public Holidays)
If any provision of the Agreement is held to be unenforceable under the applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Doolae Healthcare. Any consent by Doolae Healthcare to, or a waiver by Doolae Healthcare of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.