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Terms and Conditions

Simplify Wellness India Private Limited (“DoctorC”) owns and operates the website/domain name ‘https://doctorc.in/’and the platforms, over which it delivers its products and services, including mobile application based platforms (“Platforms”). The Platforms provide diagnostic services, listings, Doctor consultations and other healthcare products and services. The products and services offered by DoctorC includes the Platforms and other features, content, functionality and/or applications offered, from time to time, by DoctorC in connection with the Platforms. These Terms pertain to all websites of DoctorC, including websites owned, operated or sponsored by any of the subsidiaries or affiliates of DoctorC, if any.

These Terms of Use (the “Terms”) sets forth the legally binding terms which shall govern your use and access of the Platforms. By using, linking, referencing or accessing the Platforms, you agree to be governed by and thereafter will be governed by these Terms, including in relation to indemnity, limited liability, and the applicable Indian laws. Please read these terms carefully and if the same are not acceptable to you, then you must forthwith exit from the Platforms and discontinue the use of the Platforms.

These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and DoctorC in connection with your visit to the Website and your use of the Services (as defined below).

The Agreement applies to you whether you are -

  1. A 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 Platform, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or

  2. A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or

  3. Otherwise a user of the Website (“you” or “User”).

This Agreement applies to those services made available by DoctorC on the Platform, which are offered free of charge to the Users (“Services”), including the following:

  1. Diagnostics services, including home service and aggregation; listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Platform;

  2. Pharmacy services, including home delivery services provided by partner pharmacies;

  3. Doctor / Practitioner consultation services provided over the phone;

  4. And other services that may be offered through the Platform.

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

This Agreement defines the terms and conditions under which you are allowed to use the Platform 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 tc@doctorc.in.

By downloading or accessing the Platform to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Terms of Service and Privacy Policy, as available on the Platform, 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 Platform 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. You should read the Agreement at regular intervals. Your use of the Website 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 Platform or avail any Services.

Your access to use of the Platform and the Services will be solely at the discretion of DoctorC.

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

  1. the Indian Contract Act, 1872;
  2. the (Indian) Information Technology Act, 2000; and
  3. 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”).

DoctorC as it deems necessary may modify/ amend these Terms, from time to time, and such modifications/ amendments shall be effective upon posting of the modified/amended Terms of Use by DoctorC on the Platforms. You agree to be governed and be, at all time, in compliance of such amended Terms.

CONDITIONS OF USE

Your use of the Platforms is subject to the following terms:

  1. Eligibility: Use of and registration with the Platforms shall be deemed to be void/ invalid where such use/ registration is prohibited, under these Terms or applicable law. By using the Platforms, you represent and warrant that your use of the Platforms does not violate any applicable law or regulation.

  2. Term: These Terms shall be effective and remain in full force, and effect, at all times, while you are using the Platforms.

  3. Non-commercial Use by Users: The Platforms are only for the personal use of the users and may not be used in connection with any commercial endeavours except for those that are endorsed or approved by DoctorC. Illegal and/or unauthorized use of the Platform, including without limitation collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Platforms, is prohibited. DoctorC reserves the right to pursue any and all remedies available at law or in equity in response to any illegal, threatened or unauthorized use of the Platform.

  4. Proprietary Rights in Content on DoctorC: All content, data, material, including images, sounds, videos, the identity of customers, sponsors and affiliates of DoctorC, the data/ material of DoctorC customers, sponsors and affiliates, accessible through/ on the Platform (collectively, “DoctorC Content”) is protected by copyright, trademark, patent, trade secret, other intellectual property rights and other laws, and DoctorC owns or has the right to use and retains all rights in the DoctorC Content.

The Platforms may display, contain content of other persons and entities including customers, sponsors, affiliates, and other DoctorC licensors. Except for content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, stored or sell any content appearing on or through the Platforms.

By using, accessing or attempting to access the Platforms that require the use of username, passwords, login image and phrase or any other method of authentication or any combination of authentication methods (“Secure Access”), you are certifying that you are the person legally associated with the username, password, login image and phrase or additional method(s) of authentication being used. Unauthorized access or use or attempts to access the Platforms, except through Secure Access, is prohibited and may violate applicable laws. DoctorC, as may be determined at its sole discretion, may report such unauthorized access, use or attempts to access or use to law enforcement authorities.

You are responsible for maintaining the confidentiality of your username, password, login image and phrase or any other method of authentication and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify DoctorC immediately, of any unauthorized use of your account or password, or any other breach of security. You will be liable for losses incurred by DoctorC or any other user of or visitor to the Platforms due to someone else using your username, password, login image and phrase or any other method of authentication, or account as a result of your failing to keep your account information secure and confidential. DoctorC will not be responsible or liable for any loss or damage arising from your failure to comply with these Terms.

  1. Prohibited Activity: Activities, including as provided below, as may be determined by the Company from time to time shall be considered to be illegal or prohibited in relation to use of the Platforms (“Prohibited Activity”). DoctorC reserves the right to investigate and take appropriate actions, including legal actions against any person if DoctorC believes (in its sole discretion), that such a person has violated these Terms, including without limitation reporting such violation to law enforcement authorities. Prohibited Activity includes but is not limited to:
    1. criminal or tortious activity, pornography, including child pornography, fraud, trafficking obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

    2. advertising to, or solicitation of, any user to buy or sell any products or services through the Platforms other than someone authorized by DoctorC. You may not transmit any chain letters or junk email to other users;

    3. any automated use of the system, such as using scripts to send comments or messages; interfering with, disrupting, or obstructing the operations of the Platforms, the networks, servers or services connected to the Platforms;

    4. using any information, including DoctorC Content, obtained from the DoctorC in order to harass, abuse, or harm another person;

    5. upload files that contain software or other material protected by intellectual property laws or by rights of privacy of publicity unless you own or control such rights or have received all necessary consents;

    6. uploading files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer/ or other devices;

    7. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others or trace or seek to trace any information on any other user of or visitor to the Platforms, or any other customer, including any account not owned by you;

    8. Send unsolicited messages or messages in a language that is prohibitive, defamatory, vulgar, or such like or objectionable, obscene or pornographic communications, which are inconsistent with the established laws of India or which cause nuisance;

    9. Attempt to gain unauthorized access to any portion or feature of the Platforms or any other systems or networks connected to the Platforms or to any server by hacking or other means;

    10. Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity or use someone else’s credentials to access / use the Platforms;

    11. Breach of the security or authentication measures on the Platforms or any network connected to the Platforms;

    12. Use any device, program, algorithm or method to access, acquire, copy or monitor any portion of the Platforms to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platforms;

    13. Use any device or software to interfere or attempt to interfere with the proper working of the Platforms or any transaction being conducted on the Platforms, or with any other person’s use of the Platforms;

    14. “Frame” or “mirror” or “scrape” any content or information contained on or accessible from the Platforms without the prior written approval of DoctorC, as may be appropriate; and

    15. using the Platforms in a manner inconsistent with these Terms and any, and all, applicable laws and regulations;

    16. Attempt any of the above acts or permit another person to do any of the above acts.

  1. Trademarks and Copyright Policy:

    All trademarks, services marks, trade names, logos, and icons are proprietary to DoctorC. Nothing contained on the Platforms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Platforms without the written permission of DoctorC. Your use of the trademarks displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.

    The Platforms also contain text, trademarks, logos, sounds, artwork and computer code, software, graphics, images, and other material protected by copyrights or other proprietary rights and laws (“Proprietary Material”), owned by DoctorC or their licensors. Any use of such Proprietary Material other than as permitted herein is expressly prohibited without the prior permission of DoctorC and/or the relevant rights holder in writing. Except as expressly provided in these Terms, no part of the Platform and no Proprietary Material may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without DoctorC express prior written consent.

    You shall not copy, modify, distribute, or reproduce in any way any copyrighted material, trademarks or other confidential or proprietary information belonging to others without obtaining the prior written consent of the owner of such materials or rights. It is the policy of DoctorC to terminate access of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to DoctorC by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Platforms in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Platforms; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. DoctorC ’s Copyright Agent for notice of claims of copyright infringement can be reached at tc@doctorc.in. DoctorC has the right to remove from the Platforms any content that is alleged to infringe third party’s intellectual property rights.

  2. Privacy Policy

    The use of the Platforms and all personal information is subject to DoctorC Privacy Policy, which is incorporated herein by this reference. All information for the accounts you have with DoctorC is used, disclosed and kept secure and confidential in the manner specified in the Privacy Policy.

    DoctorC reserves the right to disclose any information that DoctorC deems necessary to comply with any applicable law, regulation, legal process or governmental request. DoctorC also may disclose your information when it determines that applicable law requires or permits such disclosure.

    Subject to the provisions of applicable laws, DoctorC may disclose any information about you (including your identity) if DoctorC determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Platforms, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) DoctorC rights or property, or the rights or property of visitors to or users of the Platform, including DoctorC customers.

    DoctorC may preserve any transmittal or communication by you with DoctorC through the Platform or any service offered on or through the Platform, as permitted under applicable laws

  3. Advertising

    DoctorC follows the following guidelines prescribed by The Advertising Standards Council of India (“ASCI”) for the promotion of goods and services through advertisements:

    1. the producer must only make honest representation in the advertisements;
    2. the advertisements must not be offensive in any way to the general public;
    3. the advertisements must not be used for the promotions of products, hazardous or harmful to society or to individuals particularly minors, to a degree unacceptable to society at large; and
    4. advertisements must not in any way hamper competition

  4. Disclaimers

    DoctorC is not responsible for any incorrect or inaccurate content posted on the Platforms, including whether caused by customers or by any of the hardware, software or functionality associated with or utilized in the Platforms. The Platforms may contain links to other websites. DoctorC is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by DoctorC. Inclusion of any linked website on the Platforms does not imply approval or endorsement of the linked website by DoctorC. When you access these third-party sites, you do so at your own risk. DoctorC takes no responsibility for the goods or services provided by third parties, including customers, sponsors, advertisers, strategic partners or affiliates. DoctorC is not responsible for the conduct, whether online or offline, of any user of the Platforms. DoctorC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any information on the Platforms. DoctorC is not responsible for any problems or technical malfunction of any communications network or lines, online systems, servers or providers, hardware or software, due to technical problems or traffic congestion on the Internet or on any of the Platforms or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Platforms. Under no circumstances shall DoctorC be responsible for any loss or damage, including personal injury or death, resulting from use of the Platform, attendance or participation in a DoctorC event or promotion, from any content posted on or through the Platforms, or from the conduct of any users of the Platforms, whether online or offline. The Platforms provide the content on “as - is” and ‘as available’ basis and DoctorC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. DoctorC cannot guarantee and does not promise any specific results from use of the Platforms.

    DoctorC cannot be held responsible for any inaccuracies in advertisements on the Platform, and therefore, will not be liable for any losses arising from or in relation to such advertisements.

    DoctorC has no obligation to monitor the chat areas, news groups, forums, and/or other message or communication facilities. However, DoctorC reserves the right at all time\s to disclose any information deemed necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

    Furthermore, DoctorC reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Platforms, or any portion of the Platforms, for any reason; (2) to modify or change the Platforms, or any portion of the Platforms, and any applicable policies or terms; and (3) to interrupt the operation of the Platforms, or any portion of the Platforms, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

  5. Limitation on Liability

    Other than as set out in these terms and conditions, in no event shall DoctorC be liable for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Platforms, even if DoctorC has been advised of the possibility of such damages. The Platforms and its content are delivered on an “as-is” and “as-available” basis. Your sole remedy against DoctorC will be to stop using the Platforms.

    You assume total responsibility for your use of the Platforms and any linked sites. Your sole remedy for dissatisfaction with your use of our Platforms is to stop using the Platforms. You agree that under no circumstances will DoctorC be liable for any damages, whether direct, indirect, incidental, consequential, special, punitive or exemplary damages, arising out of or in any way connected with your use of or inability to use the Platforms or any linked websites, including but not limited to: loss of revenue, trading losses, anticipated profits, business, savings, goodwill or data; any failure of performance, denial of service, attack, interruption, defect, operator errors, inconvenience or delay in operation or transmission or computer virus; or failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet); severe or extraordinary weather conditions (including flood, earthquake, or other act of god); fire, war, insurrection, terrorist act, riot, labour dispute and other labour problems, accident, emergency or action of government; or third party theft of, destruction of, unauthorized access to, alteration or use of your information, equipment or property, even if DoctorC has been advised of the possibility of or could have foreseen the damages. Further, DoctorC will not be responsible for any failure to comply, by you or any third party, with these Terms or with applicable laws.

    Subject to the terms and conditions set out herein, DoctorC can only be held liable only with respect to:

    1. home service, including sample collection; and / or
    2. transportation and collection of the sample.

  6. Disputes

    You agree that all matters relating to your access to or use of the Platforms, including all disputes, will be governed by the laws of India.

    You agree that the courts at Hyderabad, India shall have exclusive jurisdiction in respect of all disputes arising in relation to use of/registration with the Platforms. In case of any disputes, controversies and/or differences of opinion arising with reference to the use of the Platforms, you hereby agree that, it shall be adjudicated by referring the same to a sole arbitrator, appointed by DoctorC. The venue of Arbitration shall be at Hyderabad and the proceedings of the arbitration shall be governed by the Indian Arbitration and Conciliation Act 1996, or any statutory modification or re-enactment thereof for the time being in force. The arbitration proceedings shall be conducted in the English language.

  7. Indemnity

    You agree that your access to, and use of, the Platforms and the DoctorC Content thereof is at your risk. You agree that the use of the Platforms is not a secure method of transmitting information, and that the risk of any loss of information or interception of information by any third party will be borne by you and that DoctorC shall not be liable for the same. You agree to indemnify and hold DoctorC, its subsidiaries and affiliates, and their respective directors, officers, agents, sponsors, partners, shareholders and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made against DoctorC by any person due to or arising out of or in connection with your use of the Platforms.

    Although DoctorC agrees to take best efforts to protect security of the data placed on the internet, DoctorC shall not be liable at all for any virus, misuse if any, of any data placed on the Internet, by third parties "hacking" or unauthorised access, transactions or use of information. You will at all times indemnify DoctorC from and against all actions, proceedings, claims and demands whatsoever for or on account of or in relation to any use of the Platforms and from and against all damages, costs, charges and expenses in respect thereof. You agree, that under no circumstances shall DoctorC be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages arising from viruses, worms, trojan horses or other code that has contaminating or destructive properties or your referencing, using, accessing, inability to use or access or linking to or from the platforms of DoctorC or any errors or omissions in the DoctorC Content thereof.

    Furthermore, DoctorC shall not be liable for any damages or injuries arising out of or in connection with the use of the Platforms or its non-use including non-availability or failure of performance, loss or corruption of data, loss of or damage to property (including profit and goodwill), work stoppage, computer failure or malfunctioning, or interruption of business; error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure or for any failure to act upon Instructions or to provide any facility for any cause that is beyond DoctorC control.

    In the event DoctorC takes any legal action against you as a result of your violation of these Terms, DoctorC will be entitled to recover from you, all costs of such action, in addition to any other relief granted to DoctorC. You agree that DoctorC will not be liable to you or to any third party for termination of your access to the Platforms as a result of any violation of these Terms.

    In the event, the exclusion of certain warranties or the limitation or exclusion of liability for consequential or incidental damages is not permitted under laws, regulations or statutes. The liability of DoctorC shall be limited to the greatest extent permitted by applicable laws.

  8. Other

    By using the DoctorC Platforms or other interaction portal/ services you agree to have accepted these Terms of Use in relation to use of the Platforms and other interaction portal/ service. The failure of DoctorC to exercise or enforce any of these Terms shall not operate as a waiver of any of such right or provision. The section titles are for convenience only and have no legal or contractual effect. DoctorC are trademarks of DoctorC.

  9. Google

    Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users.

    https://support.google.com/adwordspolicy/answer/1316548?hl=en

    We use Google AdSense Advertising on our website.

    Google, as a third party vendor, uses cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads to our users based on their visit to our site and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

    We have implemented the following:

    • Remarketing with Google AdSense

    • Google Display Network Impression Reporting

    We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.

    Opting out: Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.

Please contact us at tc@doctorc.in with any questions regarding these Terms.