Terms and Conditions

1. Private & Secure Health Record Storage Service

1. Store of medical records for a user created or collected through multiple channels including but not limited to following instances:
   1. Care provider created records which may be private or shared with patient.
   2. End user uploaded the documents through Website and/or on Mobile Application.
   3. Records shared by vendors (diagnostic labs, and other services vendors) with DocIndia.
   4. Prescriptions shared by pharmacy or created by doctors or uploaded by end user.
   5. Records pulled from other competitors and/or hospitals and/or other medical record storage services.
2. User may use this service to manage all medical cases, appointments, and other medical records and map a digital overview of User's medical journey. User agrees that usage of the Services, Portal may receive User's medical records including User's diagnostic & other lab reports and doctor prescriptions from both Third-Party Service Providers and/or directly from the User(s).
3. The accuracy, integrity and the completeness of the information provided in the health records depend on the information provided by the User or the User authorized Third Party Service Provider. DocIndia website or App is merely facilitator communicating or storing information and does not in any manner alter the information so uploaded. DocIndia shall in no event be liable for any losses or injuries suffered by the User or arising out of any actions or omissions made by the User or any other person including a Third-Party Service Provider relying on the information so provided.

2. Self-Assessment Tool

1. DocIndia website and/or mobile apps offers technology based (including but not limited to Artificial Intelligence based Evaluation, Machine Learning/Probability based prediction models, Internet of Things or mobile based diagnosis tools, etc.) to self-diagnose your health vitals or provide probable prediction of potential disease based on the available information or it can be used to aid the diagnosis of disease, illness, disorder, other medical condition or potential medical conditions may arise in future.
2. The recommendations of the self-assessment tool are meant only for providing recommendations to the User on the possible diseases, disorders, illnesses etc. that User may possibly have, but not necessarily have, based on the information on the symptoms provided by the User. The said recommendations are not to be taken as a substitute for proper medical professional attention or consultation.
3. Owing to the complexity of medical-cases and the inherent limitation of technology, DocIndia does not in any manner, directly or indirectly, assure or guarantee the detection of any underlying diseases, disorders, illnesses etc., nor shall DocIndia be liable for the omission of any possible result.
4. Remedial suggestions, if any, made on the basis of the self-assessment report are not medical advice and do not act as prescription for medicinal drugs that are prescribed by a registered practitioner.

3. Consultation Services

1. "Consult" is a Service provided by DocIndia that allows Users to seek medical consultation by communicating with registered Practitioners on the Website/platform. The Practitioner is assigned by DocIndia based on multiple parameters such as date and time of consultation request placed by the user, health problems etc. via the system's algorithm/software-program that identifies the most relevant Practitioner, or the Users may also choose the Practitioner through search options made available on the Website/platform. The scope of this feature as detailed herein is collectively referred to as "Consult". The Consult Service include any form of consultation between Practitioner/Care Provider and End User or its representative including but not limited to — video/tele/e-consultation/On site consultation/Consultation in clinic/Consultation through Text or WhatsApp.
2. DocIndia makes reasonable efforts to ensure that relevant information of medical experts such as their specialization, qualification, area of practice, experience, fees, location, visiting hours, etc. provided under the consultation service is accurate and updated at frequent intervals; however, DocIndia shall not be liable for any inaccuracy or incompleteness of such information or any direct or indirect losses or injuries caused on account of such inaccuracies or incompleteness.
3. DocIndia makes no guarantee, representation, or warranty, whether expressed or implied, with respect to professional qualifications, quality of work/advice or expertise of the medical experts providing consultation services and shall in no event be liable for any claims pertaining to malpractice, negligence, deficiency of services on the part of the medical expert.
4. Consultation service is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises 'in-person consultation', it is the sole responsibility of the User, to book an appointment for physical examination or/and in-person consultation whether the same is with the Practitioner listed on the Website or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, DocIndia shall not be held liable in any manner whatsoever.
5. The consultation service is provided for medical ailments, disorder, diseases etc. which do not require any physical intervention of a medical expert, or which do not constitute a medical emergency such as accidents, bleeding injuries, burns, sexual abuse/assault etc. In case, you require physical attention or care of a medical expert or are suffering a medical emergency, you are strictly advised not to use the consultation services and call local emergency service. The use of consultation services shall be at your own judgement and perception, DocIndia shall not be, directly or indirectly, liable for any injury or loss, in any manner whatsoever.
6. Consultation service is provided at the express consent by the User and the same shall not be construed as a replacement for physical consultation and are meant for general consultation only.
7. Any prescriptions made by the medical expert based on the consultation services shall be at the sole discretion of the medical expert and such medical expert shall be solely responsible for making such prescription. DocIndia does not endorse any prescription, nor does it deals in medical drugs. The use of any medical drugs prescribed by the medical expert during the consultation service is User's own discretion and sole responsibility.
8. By availing consultation services, User provides its consent to DocIndia for recording, saving, and storing for record purposes all such communication/material used in consultation services availed through the Portal by User. DocIndia shall use such material in the event such records are required to be produced as evidence on the direction of a court of law or in an anonymized and aggregated form for commercial use. DocIndia may review such data from time to time for quality evaluation purposes. However, under normal circumstances, DocIndia will not access any information that identifies a User and shall either omit, mask, or anonymize User's personal information at the time of quality evaluation.
9. By availing consultation services, User provides its consent to DocIndia's support staff to join the call purely for the purpose of providing support service in case of technical and operational difficulty.
10. The User hereby agrees and consents to DocIndia that its medical team may carry out an audit of his/her consultations with the Practitioner for the purpose of improving treatment quality, user experience, and other related processes. The User acknowledges that the subject matter of audit may include texts, messages, photographs, reports, audio or video recordings or any other material exchanged between the User and the Practitioner which could inter alia include User's personal information, including sensitive personal information. This personal information will be processed in accordance with the Privacy Policy.
11. Users shall not use abusive language with the Practitioner. In the event of an abuse from the User reported by a Practitioner, DocIndia reserves the right to terminate the service and shall not provide such services in future to the User. DocIndia is not responsible for honoring any refund request towards his/her consultation paid to DocIndia.
12. Users may share images or videos of the affected areas of their body parts with the Practitioner only if it is absolutely necessary for diagnosing his/her condition and if he/she is personally comfortable in sharing such images or videos.
13. Users shall ensure that any interaction/communication with the Practitioners, including sharing images or videos of the body parts, shall be only through the Website. The Users shall not rely on any other external modes of communication for interacting/communicating with the Practitioners.
14. Users shall be prepared to share all relevant documents or reports to the Practitioner promptly upon request.
15. For every paid consultation, the Users shall not obtain consultation for more than one User. In the event, the Users attempt to obtain consultation for more than one User through a single paid consultation, such consultations will not be addressed by the relevant Practitioner.
16. Users shall not persuade Practitioners to prescribe drugs (including higher dose strength) that do not conform to the regulations under the Telemedicine Guidelines. The restricted drugs are as follows:
    1. Medication for Medical Termination Pregnancy (MTP)
    2. Drugs under the following pharmaceutical classifications such as sedatives, hypnotics, opioids, schedule X drugs, or fourth generation antibiotics.
17. If restricted drugs are indicated for treatment or management of a disease or condition by a Practitioner, the User shall physically visit the Practitioner of their choice to confirm the requirements/necessity for prescribing such restricted drugs.
18. User understands and agree to provide accurate information and will not use the services for any acts that are illegal in nature.
19. The User agrees and understands that the transaction with the Practitioner and DocIndia are subject to jurisdiction of Indian laws and that any claim, dispute, or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times. The User further agrees and understands that the Practitioner is a medical practitioner who is licensed to practice medicine in India and the onus is on the User to determine if he/she is eligible to consult with the Practitioners via the Website. It is expressly clarified that at no point in time can it be construed that the Practitioner is practicing medicine in a territory other than India, irrespective of where the User is located and procures medical services or engages in communication with the Practitioner, in any manner whatsoever.
20. The User shall indemnify and hold harmless DocIndia and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and advocate fees) arising due to or in relation to the use of Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.
21. The User shall make payment using the payment gateway to make payments online, solely at User's discretion. Should there be any issues with regard to the payment not reaching the DocIndia's account, the User may contact DocIndia's support team via online form: https://www.docindia.org/contact-us

4. Your Responsibilities

Even though some services are provided free of charge, the usual and customary charges for any opinion services rendered by collaborating with health care providers profiled on the Website will apply and will be entirely your responsibility.

You are responsible for all use of the Website and for all use of your Credentials, including use by others to whom you have given your Credentials. You shall use the Website and the Services for intended, lawful, and non-commercial purposes only. You shall not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Website or the Services. You shall not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

1. copy, modify, adapt, translate, or reverse engineer any portion of the Website, its content or materials and/or the services.
2. remove any copyright, trademark or other proprietary rights notices contained in or on the Website and/or the Services or in or on any content or other material obtained via the Website and/or the Services.
3. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, or index any portion of the Website and/or the Services.
4. access, retrieve or index any portion of the Website and/or the Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or medical health care providers.
5. reformat or frame any portion of the web pages that are part of the Website and/or the Services.
6. fraudulently misuse the Services by scheduling an appointment with a health care provider which you have no intention of keeping.
7. create user accounts by automated means or under false or fraudulent pretences; or
8. collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
9. You may not use contact information provided by our users or collaborating health care providers, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM.
10. In addition to our rights in these Terms, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms.

5. Termination

DocIndia reserves the right to suspend or terminate services provided through the Website and under this Agreement, with or without notice at any time, in its sole discretion, and to exercise any other remedy available under law.

6. Intellectual Property

• You shall not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to DocIndia, Third Party Service Provider or others (including without limitation unlicensed third-party content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information.
• If DocIndia becomes aware that one of our users is a copyright infringer, it is our policy to take reasonable steps within our power to terminate that User. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide us with relevant documentary and other evidence and we will be happy to take corrective action accordingly.

7. Limitation of Liability

In no event, including but not limited to negligence, shall DocIndia, or any of its directors, officers, employees, agents or service providers, affiliates and group companies (collectively, the "DocIndia Affiliates") 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 or the content, materials and functions related thereto, the Services, User's provision of information via the Website, even if such protected entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

• any content posted, transmitted, exchanged, or received by or on behalf of any User or other person on or through the Website.
• any unauthorized access to or alteration of your transmissions or data.

8. Severability

If any provision of the Agreement is invalid as per applicable law, 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.

9. 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 DocIndia. Any consent by DocIndia to, or a waiver by DocIndia 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.

10. User–Third Party Service Provider Disputes

• Users are solely responsible for their interactions with Third Party Service Provider. DocIndia reserves the right, but has no obligation, to monitor disputes between you, other Users and/or Third-Party Service Providers and to immediately terminate the privileges of any User.
• DocIndia Website, for provision of Services facilitates between the User and Third-Party Service Provider and no associations or interactions that happen between the User and Third-Party Service Provider is the responsibility of DocIndia. Accordingly, DocIndia shall not be responsible for the quality of the services rendered and the products supplied or payment due therefore. The same shall be availed of/rendered or procured/supplied on terms mutually agreed between the concerned User and Third-Party Service Provider. In the event of any claims arising on account thereof, the sole remedy shall be against the concerned User and/or Third-Party Service Provider and not DocIndia.

11. Disclaimer of Warranties

1. USER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AND THAT USE OF SERVICES SHALL BE AT SOLE RISK OF USER. DOCINDIA, ANY SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE AND AGENT ("DOCINDIA") EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR EXPRESS WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN CONNECTION WITH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PORTAL OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
2. Without limiting the generality of the foregoing, DocIndia makes no warranty and will not be liable, in any manner whatsoever, for claims pertaining to malpractice, negligence, deficiency of Services on the part of a Third Party Service Provider and/or such other claims pertaining to, including, without limitation: (a) quality, authenticity and availability of the services and products; (b) delay in performance/delivery or non-performance/delivery of the services and products availed/procured; (c) injury, death and/or side effects caused due to the services and products availed/procured; (d) non-maintenance or any loss of any User Content (including health and medical records); (e) insurance and other related services.
3. You accept and acknowledge that DocIndia does not verify any content or information provided by or obtained from either the Users or Third Party Service Providers, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties' use or reliance upon the Portal, the Services, data and reports by Third Party Service Providers, representations and warranties made by the other parties on the Portal or any opinion or suggestion given or expressed by DocIndia or any Third Party Service Provider in relation to any Services provided by DocIndia.
4. DocIndia is not responsible for the conduct, whether online or offline, of any User of the Services or Third-Party Service Provider. DocIndia 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 User communication or any User Content or DocIndia Content or data from any Third-Party Service Provider.
5. Under no circumstances shall DocIndia be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any User Content or DocIndia Content posted on or through the Services, or from the conduct of any Users of the Services or Third-Party Service Provider, whether online or offline. DocIndia cannot guarantee and does not promise any specific results from the use of the Services.
6. This site is controlled and operated from India and DocIndia makes no representation that the content, information, or materials made available herein are appropriate or will be available for use in other locations. Access and use of this Portal from outside India is entirely at your sole risk and you agree and undertake to be responsible for compliance with all applicable local laws and agree to release, discharge, and absolve the DocIndia Parties from any liability or loss in this respect.
7. DocIndia reserves the right to introduce and initiate new features, functionalities, and components to the Portal and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, DocIndia is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Portal without any prior notice to you.

12. Disputes and Governing Law

1. The parties agree that this Agreement and any contractual obligation between DocIndia and User will be governed by the laws of India.
2. The courts at Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, User's use of the Website or the Services or the information to which it gives access.

13. Force Majeure

DocIndia and/or a User will not be in default, if its/his/her failure to perform any obligations hereunder (other than any payment obligation) is caused by supervening conditions beyond that party's reasonable control, including without limitation acts of God, civil commotion, strikes, labor disputes, internet service interruptions or slowdowns, vandalism or hacker attacks, or governmental demands or requirements.

14. Infringement Notification

1. If you believe in good faith that any DocIndia content, User Content or material posted or otherwise made accessible on this site, violates these Terms of Use, or is prohibited or restricted by applicable laws, rules and regulations, or violates your proprietary rights, or is abusive or threatens and harms other users of this site, please compile the following information and email it to: cs@docindia.org and which email shall contain at least the following information:
2. a clear identification of the allegedly prohibited/unlawful/abusive material on the Portal (with specific URL reference);
3. Your contact details: name, address, e-mail address and phone number.
4. in case of an alleged violation of proprietary rights (including copyright, trademark or privacy rights), a statement that you believe, in good faith, that use of proprietary material allegedly infringed on Portal is not authorized by you or your agent or law;
5. a statement that you believe, in good faith, that such material is prohibited/unlawful/abusive; and
6. a statement that the information provided in the notice is accurate, and under penalty of perjury and that the signatory is authorized to act on your behalf.
7. The email notification provided by you under this clause shall be executed by your electronic signature or the electronic signature of the person directly affected by the violation of these Terms of Use.
8. In such an event, DocIndia may contact you for any further information and reserves the right to determine, at its sole discretion, whether such DocIndia Content violates these Terms of Use or is otherwise abusive/prohibited/unlawful and may take such action it deems appropriate. If you resort to any mala fide use of the notification process set out above, DocIndia reserves the right to restrict your access to the Portal.

15. Indemnity

You agree to defend, indemnify, and hold harmless the Website, the Company, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Website, (b) your use of the Services, or (c) the violation of the Terms by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

16. Limitation of Liability (Cap)

• IN NO EVENT SHALL DOCINDIA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF USE, DATA OR PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, OR ANY OTHER INTANGIBLE LOSSES, EVEN IF YOU OR ANY THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DOCINDIA'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DOCINDIA (IN THE FORM OF COMMISSION AS MARKETPLACE) FOR THE SERVICES DURING THE TERM OF YOUR USE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT DOCINDIA SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

17. Assignment

You may not assign your rights and obligations under these Terms of Use without the prior written consent of DocIndia. DocIndia may assign its rights and obligations to a third party upon issuing written notification via an announcement on the website and/or Mobile Application.

18. Contact Us

Please feel free to contact us in case of any queries, grievances or to report any abuse or violations of these Terms of Use, by emailing at cs@docindia.org or through our Contact Us page.