Aadharshila Medicare, on behalf of itself and its affiliates/group companies under the brand "My Doctor" (“My Doctor”), is the author and publisher of the internet resource www.mydoctor.org.in and the mobile application ‘My Doctor’ (together, “Website/application”). My Doctor owns and operates the services provided through the Website and application.

Nature & Applicability of Terms

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.mydoctor.org.in (“Privacy Policy”) before you decide to access the Website/application or avail the services made available on the website/application My Doctor. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and in connection with your visit to the Website/application and your use of the Services (as defined below).

The Agreement applies to you whether you are -

• A Hospital or medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website/application, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
• A patient, his/her representatives or affiliates, searching for Practitioners through the Website/application (“End-User”, “you” or “User”); or
• Otherwise a user of the Website/application (“you” or “User”). This Agreement applies to those services made available by My Doctor on the Website/application, which are offered free of charge to the Users (“Services”), including the following:
• For Hospital or Practitioners: Listing of Hospitals, Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website/application;
• For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Hospitals and Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by My Doctor, and (iii) to make appointments with Practitioners.

  The Services may change from time to time, at the sole discretion of My Doctor, and the Agreement will apply to your visit to and your use of the Website/application to avail the Service, as well as to all information provided by you on the Website/application at any given point in time.

  This Agreement defines the terms and conditions under which you are allowed to use the Website/application and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at aadharshilamedicare@gmail.com.

  By downloading or accessing the Website/application to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the private policies, as available on the Website/application, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website/application to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

  We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website/application following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

  You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website/application or avail any Services.

  Your access to use of the Website/application and the Services will be solely at the discretion of My Doctor.

  The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

• the Indian Contract Act, 1872,
• the (Indian) Information Technology Act, 2000, and
• the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”)

Conditions Of Use

You must be 18 years of age or older to register, use the Services, or visit or use the Website/application in any manner. By registering, visiting and using the Website/application or accepting this Agreement, you represent and warrant to My Doctor that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website/application and the Services available through the Website/application, and agree to and abide by this Agreement.

Terms Of Use Applicable To All Users Other Than Practitioners

The terms in this Clause 3 are applicable only to Users other than Practitioners.

• END-USER ACCOUNT AND DATA PRIVACY
  
  • The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
  • My Doctor may by its Services, collect information relating to the devices through which you access the Website/application, and anonymous data of your usage. The collected information will be used only for improving the quality of My Doctor’s services and to build new services.
  • The Website/application allows My Doctor to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
  • The Privacy Policy sets out, inter-alia:

    The type of information collected from Users, including sensitive personal data or information;

    The purpose, means and modes of usage of such information.

    How and to whom My Doctor will disclose such information;and,

    Other information mandated by the SPI Rules.

  • The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:

    the fact that certain information is being collected;

    the purpose for which the information is being collected;

    the intended recipients of the information;

    the nature of collection and retention of the information; and

    the name and address of the agency that is collecting the information and the agency that will retain the information; and

    the various rights available to such Users in respect of such information.

  • My Doctor shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to My Doctor or to any other person acting on behalf of My Doctor.
  • The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website/application. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify My Doctor of any actual or suspected unauthorized use of the User’s account or password. Although My Doctor will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of My Doctor or such other parties as the case may be, due to any unauthorized use of your account.
  • If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or My Doctor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, My Doctor has the right to discontinue the Services to the User at its sole discretion.
  • My Doctor may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
• RELEVANCE ALGORITHM
  

  My Doctor’s relevance algorithm for the Practitioners is a fully automated system that lists the hospital or Practitioners, their profile and information regarding their Practice on its Website/application. These listings of hospitals or Practitioners do not represent any fixed objective ranking or endorsement by My Doctor. My Doctor will not be liable for any change in the relevance of the Hospitals or Practitioners on search results, which may take place from time to time. The listing of Hospitals or Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. My Doctor in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website/application.

• LISTING CONTENT AND DISSEMINATING INFORMATION
  
  • My Doctor collects, directly or indirectly, and displays on the Website/application, relevant information regarding the profile and practice of the Practitioners listed on the Website/application, such as their specialization, qualification, fees, location, visiting hours, and similar details. My Doctor takes reasonable efforts to ensure that such information is updated at frequent intervals. Although My Doctor screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
  • The Services provided by My Doctor or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). My Doctor does not provide or make any representation, warranty or guarantee, express or implied about the Website/application or the Services. My Doctor does not guarantee the accuracy or completeness of any content or information provided by Users on the Website/application. To the fullest extent permitted by law, My Doctor disclaims all liability arising out of the User’s use or reliance upon the Website/application, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website/application, or any opinion or suggestion given or expressed by My Doctor or any User in relation to any User or services provided by such User.
  • The Website/application may be linked to the website/application of third parties, affiliates and business partners. My Doctor has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such website/applications or made available by/through our Website/application. Inclusion of any link on the Website/application does not imply that My Doctor endorses the linked site. User may use the links and these services at User’s own risk.
  • My Doctor assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website/application or the downloading of any material, data, text, images, video content, or audio content from the Website/application. If a User is dissatisfied with the Website/application, User’s sole remedy is to discontinue using the Website/application.
  • If My Doctor determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, My Doctor reserves the right to immediately suspend your access to the Website/application or any of your accounts with My Doctor and makes such declaration on the website/application alongside your name/your hospital’s name/clinic’s name as determined by My Doctor for the protection of its business and in the interests of Users. You shall be liable to indemnify My Doctor for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected My Doctor or its Users.
• Book Appointment Facility
  My Doctor enables Users to connect with Hospitals or Practitioners through booking facility that allows Users book an appointment through the Website/application
  • My Doctor will ensure Users are provided confirmed appointment on the Book facility. However, My Doctor has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment.
  • If a User has utilized the application services, My Doctor reserves the right to share the information provided by the User with the Hospital or Practitioner and store such information, in accordance with our Privacy Policy.
  • The results of any search Users perform on the Website/application for Hospitals or Practitioners should not be construed as an endorsement by My Doctor of any such particular Hospital or Practitioner. If the User decides to engage with a Hospital or Practitioner to seek medical services, the User shall be doing so at his/her own risk.
  • Without prejudice to the generality of the above, My Doctor is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any treatment and interactions between User and the Hospital or Practitioner. User understands and agrees that My Doctor will not be liable for:

    User interactions, treatment and associated issues User has with the Hospital or Practitioner;

    the ability or intent of the Hospital (s) or Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;

    any wrong medication or quality of treatment being given by the Hospital (s) or Practitioner(s), or any medical negligence on part of the Hospital (s) or Practitioner(s);

    inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Hospital or Practitioner to provide agreed Services;

    any misconduct or inappropriate behavior by the Hospital or Practitioner or the Practitioner’s staff;

  • Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, My Doctor shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website/application.
  • Cancellation and Refund Policy
    

    In any case the amount will not be refunded by the My Doctor website/application. However, users can discuss their problems with hospital/practitioner and with mutual understanding the amount may be refunded by the hospital /practitioner.

    Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User isrequired to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.

• No doctor-patient relationship; not for emergency use
  
  • Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website/application (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between My Doctor and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
  • It is hereby expressly clarified that, the Information that you obtain or receive from My Doctor, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website/application is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website/application. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
  • The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
• Content ownership and copyright conditions of access
  
  • The contents listed on the Website/application are (i) User generated content, or (ii) belong to My Doctor. The information that is collected by My Doctor directly or indirectly from the End- Users and the Practitioners shall belong to My Doctor. Copying of the copyrighted content published by My Doctor on the Website/application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and My Doctor reserves its rights under applicable law accordingly.
  • My Doctor authorizes the User to view and access the content available on or from the Website/application solely for ordering, receiving, delivering and communicatingonly as per this Agreement. The contents of the Website/application, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website/application (collectively, "My Doctor Content"), are the property of My Doctor and are protected under copyright, trademark and other laws. User shall not modify the My Doctor Content or reproduce, display, publicly perform, distribute, or otherwise use the My Doctor Content in any way for any public or commercial purpose or for personal gain.
  • User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
• Records
  

  My Doctor may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘My Doctor’. Information available in your Records is of two types:

  • User-created: Information uploaded by you or information generated during your interaction with My Doctor ecosystem, eg: appointment, medicine order placed by you.
  • Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘My Doctor Ray’ or other Services of My Doctor software.
    

    The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

  • Your Records is only created after you have signed up and explicitly accepted these Terms.
  • Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and My Doctor does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
  • The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, My Doctor is not liable for any interruption that may be caused to your access of the Services.
  • The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by My Doctor, you should refer to your prescription before taking any medicines. My Doctor is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the My Doctor app.
  • It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. My Doctor is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with My Doctor.
  • My Doctor uses industry–level security and encryption to your Health Records. However, My Doctor does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform My Doctor of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@mydoctor.org.in
  • If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be our sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. My Doctor assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify My Doctor and its officers against ny such claim or liability arising out of unauthorized use of such information.
  • In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
  • You may lose your “User created” record, if the data is not synced with the server.
  • If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
  • My Doctor is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
  • The Health Records are shared with the phone numbers that are provided by your Practitioner. My Doctor is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
  • My Doctor is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
  • My Doctor has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
  • My Doctor will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
  • You agree and acknowledge that My Doctor may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
  • You acknowledge that the Practitioners you are visiting may engage My Doctor's software or third party software for the purposes of the functioning of the Practitioner’s business and My Doctor's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in cordance with the applicable laws.
  • To the extent that your Records have been shared with My Doctor or stored on any of the My Doctor products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by My Doctor pertaining to such previously visited clinics and hospitals who have tie ups with My Doctor for he purposes of their business and for My Doctor's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with My Doctor, to the mapping of such Records as may be available in My Doctor’s database to your User account.
• My Doctor Health Cash
  
  • My Doctor Health Cash is a grant of benefit in the form of credits in the My Doctor accounts of the Users (“My Doctor Health Cash”) in the form and under such circumstances decided by My Doctor from time to time.
  • My Doctor Health Cash can be redeemed by the User only to pay online for the following services on the Website/application:

    OPD Registration

    Diagnostic tests

    Hospitalization

    Buying Medicines

    (The above services on the Website/application are collectively referred to as “Permitted Services”.)

  • Every time a User using (i) Android version 4.31 or above; or (ii) iOS version 4.24 or above of the My Doctor mobile application; or (iii) the My Doctor website/application (www.mydoctor.org.in), uses HealthCash to pay online for any of the Permitted Services availed by him/her, only such percentage of the total amount to be paid for the availed Permitted Services, as may be prescribed by My Doctor from time to time on the respective My Doctor mobile application or website/application (www.mydoctor.org.in), can be redeemed by such User using the My Doctor HealthCash per transaction.
  • My Doctor HealthCash neither can be converted to actual money nor can be transferred to any bank accounts.
  • The My Doctor HealthCash received by each User may or may not have an expiry date associated with it and the said expiry date is subject to the following:

    The expiry date associated with My Doctor HealthCash may vary from time to time. However, the same cannot exceed beyond 1 (one) year.

    The expiry date of My Doctor HealthCash may be intimated to each User by way of SMS or e-mail or in-App notification on the Website/application.

    The expiry date of My Doctor HealthCash can be viewed by each User in the designated page for HealthCash in the Website/application.

    The User acknowledges that My Doctor has agreed to offer My Doctor HealthCash in its sole discretion. Nothing in these Terms shall be interpreted to restrict My Doctor’s right to withdraw the My Doctor HealthCash before the expiry date.

  • My Doctor reserves its discretion to deny My Doctor HealthCash to any User in its sole discretion, notwithstanding compliance by such User of the requirements set out in the Terms, applicable law or otherwise.
  • Other than the conditions set out in these Terms, accrual, utilization, expiry or any other treatment of My Doctor HealthCash may be further restricted by the terms governing the specific service or facility offered by My Doctor or its business associates, the procurement of which entitles My Doctor HealthCash to a User (“HealthCash Terms”). In the event of any inconsistency between these Terms and the HealthCash Terms in relation to accrual, utilization, expiry or any other treatment of My Doctor HealthCash by a User, the HealthCash Terms shall override these Terms to the extent of such inconsistency.

Terms Of Use Practitioners

The terms in this Clause 4 are applicable only to Practitioners.

• Listing Policy
  • My Doctor, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. My Doctor reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website/application in connection with you and your profile is found to be incorrect, you are required to inform My Doctor immediately to enable My Doctor to make the necessary amendments.
  • My Doctor shall not be liable and responsible for the ranking of the Practitioners on external website/applications and search engines.
  • My Doctor shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by My Doctor, where the User has expressly or implicitly consented to the making of disclosures or publications by My Doctor. If the User had revoked such consent under the terms of the Privacy Policy, then My Doctor shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by My Doctor prior to its actual receipt of such revocation.
  • My Doctor reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website/application. However, My Doctor shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website/application.
  • Practitioners explicitly agree that My Doctor reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
  • You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and My Doctor accepts no liability for the same.
• Profile ownership and editing rights
  My Doctor ensures easy access to the Practitioners by providing a tool to update your profile information. My Doctor reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, My Doctor takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using My Doctor’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, My Doctor may modify or delete parts of your profile information at its sole discretion with or without notice to you.
• Reviews And Feedback Display Rights Of My Doctor
  
  • All Critical Content is content created by the Users of www.mydoctor.org.in (“Website/application”) and the clients of My Doctor customers and Practitioners, including the End-Users. As a platform, My Doctor does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of My Doctor and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. My Doctor’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
  • My Doctor reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website/application.
  • My Doctor shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
  • You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. My Doctor shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. My Doctor however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.
  • My Doctor will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website/application shall be applicable mutatis mutandis in relation to Critical Content posted on the Website/application.
  • If My Doctor determines that you have provided inaccurate information or enabled fraudulent feedback, My Doctor reserves the right to immediately suspend any of your accounts with My Doctor and makes such declaration on the website/application alongside your name/your clinics name as determined by My Doctor for the protection of its business and in the interests of Users.
• Relevance Algorithm
  My Doctor has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. My Doctor shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.
• Independent Services
  Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by My Doctor.
• My Doctor Reach Rights
  My Doctor reserves the rights to display sponsored ads on the Website/application. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, My Doctor will not be liable for the accuracy of information or the claims made in the Sponsored ads. My Doctor does not encourage the Users to visit the Sponsored ads page or to avail any services from them. My Doctor will not be liable for the services of the providers of the Sponsored ads.
  You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and My Doctor accepts no liability for the same.
• Book Appointment
  • As a valuable partner on our platform we want to ensure that the Practitioners experience on the My Doctor booking platform is beneficial to both, Practitioners and their Users.
  • Practitioner understands that, My Doctor shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of My Doctor.
• Practitioner Undertaking
  The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that overn the Practitioner shall be followed and utmost care shall be taken in terms of the onsultation/ services being rendered.
• Usage In Promotional & Marketing Materials In recognition of the various offerings and services provided by My Doctor to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow My Doctor to include a brief description of the services provided to Practitioner in My Doctor’s marketing, promotional and advertising materials; (b) allow My Doctor to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to My Doctor’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.

Rights & Obligations Relating to Content

• As mandated by Regulation 3(2) of the IG Rules, My Doctor hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
  • belongs to another person and to which the User does not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate 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, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
• Users are also prohibited from:
  
  • violating or attempting to violate the integrity or security of the Website/application or any My Doctor Content;
  • transmitting any information (including job posts, messages and hyperlinks) on or through the Website/application that is disruptive or competitive to the provision of Services by My Doctor;
  • ntentionally submitting on the Website/application any incomplete, false or inaccurate information;
  • making any unsolicited communications to other Users.
  • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website/application;
  • attempting to decipher, decompile, disassemble or reverse engineer any part of the Website/application;
  • copying or duplicating in any manner any of the My Doctor Content or other information available from the Website/application;
  • framing or hot linking or deep linking any My Doctor Content.
  • circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
• My Doctor, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. My Doctor shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
• In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, My Doctor has the right to immediately terminate the access or usage rights of the User to the Website/application and Services and to remove non-compliant information from the Website/application.
• My Doctor may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit My Doctor to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by My Doctor as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between My Doctor or any person on its behalf and the User or where the User has consented to data transfer.
• My Doctor respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

Termination

• My Doctor reserves the right to suspend or terminate a User’s access to the Website/application and the Services with or without notice and to exercise any other remedy available under law, in cases where,
  • Such User breaches any terms and conditions of the Agreement;
  • A third party reports violation of any of its right as a result of your use of the Services;
  • My Doctor is unable to verify or authenticate any information provide to My Doctor by a User;
  • My Doctor has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User;
  • My Doctor believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for My Doctor or are contrary to the interests of the Website/application.
• Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website/application under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website/application by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

Limitation Of Liability

• In no event, including but not limited to negligence, shall My Doctor, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website/application or the content, materials and functions related thereto, the Services, User’s provision of information via the Website/application, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
  • provision of or failure to provide all or any service by Practitioners to End-Users contacted or managed through the Website/application;
  • Any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website/application;
  • Any unauthorized access to or alteration of your transmissions or data; or
  • Any other matter relating to the Website/application or the Service.

  In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website/application or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only)

Retention & Removal

My Doctor may retain such information collected from Users from its Website/application or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

Applicable Law & Dispute Settlement

• You agree that this Agreement and any contractual obligation between My Doctor and User will be governed by the laws of India.
• Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website/application or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by My Doctor. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Chittorgarh. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
• Subject to the above Clause 9.2, the courts at Chittorgarh shall have exclusive jurisdiction over any disputes arising out of or in relation to this agreement, your use of the Website/application or the Services or the information to which it gives access.

Contact Information Grievance Officer

• If a User has any questions concerning My Doctor, the Website/application, this Agreement, the Services, or anything related to any of the foregoing, My Doctor customer support can be reached at the following email address: support@mydoctor.org.in or via the contact information available from the following hyperlink: http://www.mydoctor.org.in/website/contact-us.asp
• In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website/application or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at our customer support : support@mydoctor.org.in

Severability

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under 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.

Waiver

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 My Doctor. Any consent by My Doctor to, or a waiver by My Doctor 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.