Terms of Service
(Last updated on 20 Jan 2018)
These Terms of Service together with the applicable policies which are incorporated herein by way of reference (“these Terms”) govern the access or use of the website www.docsapp.in (“the Website”), the application known as ‘DocsApp’ available for download on your communication device (“Application” or “App”) together with all the content, tools, facilities and services made available through the Website or the App (collectively “the Service”). Therefore, please read these Terms very carefully.
By clicking the box indicating acceptance of these Terms, you are indicating that you have read and understood these Terms and agree that these Terms constitute a legal and binding agreement between you and Phasorz Technologies Private Limited, 4B, 3rd Cross Street, Rajarajeshwari Nagar, Madipakkam, Chennai – 600091 (“we”, “us” or “our”). If you do not understand the Terms or if these Terms or any part of these Terms is not acceptable to you, please do not access or use the Service or any part thereof. In these Terms, “you” / “yours” / “yourself” denotes the natural person who accesses/uses the Service or any part thereof.
We reserve the right to update or modify these Terms at any time in our sole discretion without any prior notice to you. If we update or modify these Terms, we will post the revised version of these Terms on the Website / App and such revision shall become effective immediately on such posting. It is your responsibility to review these Terms periodically for updates / modifications. Your continued access or use of any of the Service after any revision becomes effective shall be deemed to constitute your acceptance and agreement to be bound by the revised Terms.
- Eligibility & Registration
- The access/use of the Service is meant only for persons who are competent to contract as per Indian law. If you are not ‘competent to contract’ as per Indian law (i.e. if you have not attained the age of majority according to the law to which you are subject, if you are not of sound mind or if you are disqualified from contracting by any law to which you are subject), you should not register or access/use the Service or any part thereof. If the law applicable to you does not allow you to receive the Services in your territory, you should not use this Service. If you are the parent/legal guardian/authorised person acting on behalf of a patient, you should disclose the same to us and by registering with us or accessing / using the Service on behalf of your ward, you affirm that you have the full and proper authority to represent the patient and accept these Terms on his/her behalf.
- To avail of the all the features of the Service, you must download the App from ‘Google Play’ or ‘Apple Store’ (which are third party applications, the use and access of which will be subject to Google’s Terms of Service or Apple’s Terms and Conditions respectively) and install the App onto your communication device. To install and/or use the App, you will need a communication device that meets certain technical requirements, which may change from time to time, a working internet connection and compatible software, for all of which you are solely responsible.
- Once you successfully install the App on your communication device, you have to provide certain information about yourself as requested when you attempt to register with us and start using the Service. You may be required to authenticate your identity using a one-time password (“OTP”) as a confirmation code, which will be transmitted to your mobile number provided to us when you seek to register with us through the short message service (“SMS”). If you cannot provide the OTP when required to do so or the authentication through the OTP fails, you may not be able to register with us and/or avail of the Service. However, you may still be able to access and use the Service always subject to these Terms
- Your registration with us and/or your right to access the Service is personal to you and you may not transfer this to anyone else. You may not use anyone else’s account at any time. You understand that anyone with access to your communication device may use your account and therefore, you should ensure that you have appropriate security measures on your communication device to prevent unauthorised use of your account with the Service. You will be solely responsible for any and all activities that occur under your account with us and we will not be liable for any loss or damage that may occur as a result of someone else using the Service through your account with us or obtaining your personal information from your communication device, either with or without your knowledge. If you become aware of any unauthorized use of your account with us, please notify us by writing to email@example.com with the title “Unauthorized Use of Account” and we will initiate action to stop further access under the said account.
- We reserve the right to terminate your registration and / or refuse to register you or to provide you with access to the Service, without notice, if we have reasonable cause to believe that you are in violation of or are likely to violate these Terms.
- Grant of License & Reservation of Rights
- We grant you a non-exclusive, personal, non-transferable, revocable, right and licence, subject always to these Terms to access/use the Service solely for your personal, non-commercial use.
- Except for the limited rights and license granted to you by these Terms, all rights in the Service (including all intellectual property rights therein or underlying the same, including in the Website and the App) are reserved by us.
- Nature of Service & Limitations
- No Doctor-Patient Relationship between Us
- We do not practice medicine and do not provide medical consultation. We merely provide a technology platform and infrastructure that enables you to connect with participating medical practitioners listed on the Service and to use the messaging or communication facilities of the Service that are designed to enable you to communicate with others (‘Communication Tools”) to consult with a medical practitioner recommended to you.
- Medical practitioners listed on the Service have signed / accepted contracts with us and represented to us that they are duly qualified to practice medicine in India and are enrolled on the Medical Register in one of the States in India. While we make reasonable enquiries to confirm the veracity of this representation made to us by the medical practitioners, we shall not be responsible for any misrepresentation or fraud in this regard. We do not recommend or endorse any medical practitioners or make any representations or warranties with respect to the quality of the medical services a medical practitioner may provide to you.
- The use of the Service does not create a doctor/patient relationship between you and us. All medical consultation shall be provided to you by the concerned medical practitioner directly and as such, the medical practitioner you consult with shall be solely responsible for compliance with all requirements applicable to his or her professional services provided to you and liable to you for all medical consultation, medical advice, diagnosis or treatment recommended or provided to you. We shall not be responsible or liable for any defect or deficiency in the medical consultation, diagnosis or treatment recommended to you by any medical practitioner.
- Any diet plans or advice or information that may be provided on or through the Service is for information only, does not constitute a medical opinion or advice or a diagnosis or treatment and is not a substitute for professional medical advice, diagnosis or treatment.
- We are not responsible for the accuracy of the results of any Self – Assessment Tests made available as part the Service. These tests are solely for information purposes to suggest probable risks to users having a particular health issue and the results of the tests do not constitute a medical opinion or diagnosis. You should consult a medical professional before acting on the results of any such tests.
- Not for Medical Emergencies & Not a replacement for your Primary Care Physician
- The Service we provide is NOT for use for medical emergencies, for life threatening conditions or for when you need acute care. You should not disregard or delay to seek medical advice from your physician based on anything that appears or is provided to you by or through the Service.
- The consultation provided to you by medical practitioners through the Communication Tools are not intended to replace your relationship with your primary care physician and you should continue to consult with your primary care physician and other health care professionals as needed / recommended. You should seek emergency help or follow-up care when recommended by a medical practitioner or when you are of the opinion that such help or care is prudent in your sole opinion.
- Limitations of Online Consultation and Informed Consent
- When you seek consultation with any medical practitioner using the Communication Tools made available through the Service, you understand the limitations and potential risk of online consultations, including but not limited to the inability to carry out a physical examination or other extensive investigations; delays or failure arising from the disruption of communication devices or Communication Tools; the insufficient quality of information transmitted online, lack of access to your medical records or medical history amongst others and the inherent risks of breach of privacy associated with sharing your sensitive personal information or medical information through the Communication Tools. You take full responsibility for ensuring that any information you submit is complete and accurate and understand that the medical practitioner relies solely on information provided by you. We shall not be responsible for any errors in transmission or for the corruption or compromise of any information communicated over telecommunication services. Therefore, before sharing any information or acting on any information or advice offered to you by or through the Service, you should confirm that you have understood and accept the associated limitations and risks and agree that you are not using the Service as a substitute for consultation with your primary care physician.
- The transmission, storage and/or retrieval of data and information and the provision of the Service through the internet is subject to a variety of factors beyond our reasonable control, including any interruption or unavailability of third-party telecommunication services used to host / provide the Service. In no event will we be liable for any failure or interruption of the Service, including without limitation those failures or interruptions resulting in part or entirely from circumstances beyond our reasonable control.
- Without prejudice to the above, a medical practitioner may, in his or her sole discretion and professional judgment, determine that the online consultations through the Service are not appropriate for some or all of your needs and, accordingly, may elect not to provide services to you through the Service.
- No Sale or Offer to Sell Drugs /Medicines
- We do not distribute, sell, stock, exhibit or offer for sale any drugs or medicinal preparations and merely allow you to use the functionality offered by the Service to transmit orders for drugs / medicinal preparations to third party pharmacies through us and pay for your purchases through us. If you are the customer of a third party online pharmacy that has in turn referred you to one of our participating medical practitioners for a consultation, you hereby consent and authorise the concerned medical practitioner and us to transmit any prescription/s that may be issued to you pursuant to your consultation, to the said third party online pharmacy. All offers for sale, orders and the sale of drugs / medicinal preparations shall be between you and the concerned third party pharmacy and we shall not be a party to the said transaction. Therefore, we shall not be responsible or liable for any defect or deficiency in the goods or the service provided to you by a pharmacy.
- Pharmacies who we deal with have represented to us that they are duly qualified and licensed to sell drugs and medicinal preparations as per applicable law in India. While we make reasonable enquiries to confirm the veracity of this representation made to us by the pharmacies, we shall not be responsible for any misrepresentation or fraud in this regard. We do not recommend or endorse any pharmacy or make any representations or warranties with respect to the quality of the drugs or medicinal preparation they may sell to you or their services in relation to the sale/purchase transaction.
- Medical practitioners may prescribe medications when medically indicated in their sole professional judgment. In the event that a medical practitioner does prescribe a medication, it will be his/her duty to comply with all applicable laws and we advise them to prescribe a medication as determined appropriate in his/her sole discretion and professional judgment. You agree that any prescriptions that you acquire from a medical practitioner by/through the Service shall be solely for your personal use. You agree to fully and carefully read and follow all instructions provided to you by the medical practitioner and all product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
- The third party pharmacy may require you to produce clear and valid prescriptions as required by law for the sale of drugs / medicinal preparations to you.
- No Diagnostic / Medical / Clinical Tests or Service
- We do not provide diagnostic or medical or clinical test services. You may use the features available through the Service to book appointments with third party diagnostic laboratories / centres who deal with us. The medical / clinical test or diagnostic services are provided to you directly by the concerned laboratories or centres. We make no representations or claims, including as to the accuracy or quality, of the tests or results obtained by you from diagnostic laboratories / centres and shall not be responsible or liable for any defect or deficiency in the services provided to you by a diagnostic laboratory/ centre.
- Diagnostic laboratories / centres who we deal with have represented to us that they are duly certified / licensed and have the necessary equipment, qualified personnel, experience and expertise to provide their services to you in India. While we make reasonable enquiries to confirm the veracity of this representation made to us by the diagnostic laboratories / centres, we shall not be responsible for any misrepresentation or fraud in this regard.
- Use of Service
- You agree to use the Service (including the Communication Tools) only in accordance with these Terms and all applicable laws. You may not use the Service in any manner that could damage, disable, overburden or impair our computer systems or interfere with any other party’s use and enjoyment of any Service. You should not attempt to gain unauthorized access to any Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
- Without prejudice to the above, you agree not to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- 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;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
- You are solely responsible for all information you transmit or share using the Communication Tools and we are not obliged to monitor the same. However, we reserve the right to review any information or materials you share using the Communication Tools and to remove (without notice to you) any information or materials that we find, in our sole discretion, violates any applicable law or these Terms. To this extent, you hereby waive doctor-patient confidentiality and expressly authorise us to review all information you transmit or share using the Communication Tools. In the event of non-compliance with the Terms, we may (without notice to you), immediately terminate your registration with us and/or prevent your access or use of the Service.
- Payment For Service
- We use a third party payment gateway for processing payments due to us. The processing of payments will be subject to the terms, conditions and privacy policies of the payment gateway, in addition to these Terms. We don’t control and are not liable for the security or performance of the payment gateway. You agree to pay us, through the payment gateway, all charges at the rates then in effect for any purchase in accordance with the applicable payment terms. We reserve the right to correct, or to instruct our payment gateway to correct, any errors or mistakes, even if payment has already been requested or received.
- Your Data and Information
- Notwithstanding anything contained in these Terms, you hereby permit us to store all information you transmit or share using the Communication Tools (including your patient / medical records) and to share the same with medical practitioners who you consult with to enable them to render their medical services to you. You hereby permit us to transit prescriptions for medicines with pharmacies, including online medical pharmacies that refer you to us, to enable them to service your order for the drugs and medicinal preparations ordered by you. Subject to the above, all your medical / patient records pertaining to the services you avail through the Service shall remain your property.
- While placing an order for sale of Drugs / Medicinal Preparations with us, you fully authorize us to share your personal details like Name, Address, Phone Number etc. as well as the Medicine Prescription to third party online pharmacy for the purpose of processing your order. The same Third Party Online Pharmacies may, in turn, store/use this information for their internal purposes. Also, on placing an order with us, you authorize the third party online pharmacies to contact you via Phone/ SMS / Email for the purpose of fulfilling your order.
- We are requesting for your email address, so we can send you invoices for the transactions you make on DocsApp and also to help you refer your friends and family and therefore earn referral bonus.
- Intellectual Property Rights
We/our licensors own all copyright, trade marks, domain names and other intellectual property rights in or related to the Service and all its various components. Except for your personal data and information, all information, content and material contained on the Website, the App and/or Service is our intellectual property. No information, content or material from any part of the Service may be copied, reproduced, republished, uploaded, recorded, posted, transmitted or distributed in any way (including by using any automated programs, software, or any other method of screen scraping), except for your personal and non-commercial use, without our express written permission.
- Changes to Service
We reserve the sole and complete discretion with respect to the operation of the Service and we may add, modify, suspend or discontinue any functionality or feature of the Service or any of the services provided by us without any notice to you.
- Third Party Links and Advertisements
- The Service may contain links to third party websites/applications and third party advertisements, that are not maintained or controlled by us. Third party links and advertisements are provided for your convenience only and does not imply endorsement or any representation or warranty by us to content, goods or services that may be offered by these third parties.
- Warranty Disclaimer
You acknowledge and agree that your use of the Service is solely at your own risk, and that you assume full responsibility for all risks associated therewith. All information, products or services contained on or provided through the Service are provided “as is”, without any warranty of any kind, express or implied. We do not make any warranty or representation as to the quality, quantity, potency, purity, standard, nature or manner of performance of any of the information, products or services contained on or provided through the Service. We hereby disclaim, to the maximum extent permitted by applicable law, all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for any particular purpose, title, non-infringement, reliability, accuracy, completeness, timeliness or that the availability of the Service will be uninterrupted, timely, secure, or error free.
- Limitation & Exclusion of Liability
To the fullest extent permitted by law, in no event will we be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, whether or not we have been warned of the possibility of such damages. In any event, our total aggregate liability to you, if any, will not exceed the charges paid to us by you (if any) for the particular Service in questions OR Rs. 1,000/- whichever is lower.
We reserve the right to suspend and/or terminate your access to the Service with or without notice, if you breach these Terms. Upon suspension or termination, your right to procure the Service shall immediately cease and we reserve the right to remove or delete your information that is available with us, including but not limited to account details.
All notices to us shall be in writing and shall be made via e-mail to firstname.lastname@example.org or such other email address as notified in these Terms and all notices to you shall be made through the Service, via e-mail to the e-mail address you provide at the time of your registration or to your communication device registered with us.
- Governing Law and Jurisdiction:
The interpretation of these Terms and the resolution of any dispute relating to your access or use of the Service shall be governed by the laws of India. If any action or other proceeding is brought on or in connection with these Terms or your access or use of the Service, the venue of such action shall be exclusively at Bengaluru to the exclusion of any other court that may otherwise have had such jurisdiction in the matter.
- Grievance Redressal:
If you have any concern or grievance with respect to the Service, please e-mail us at email@example.com and we will study the matter and take such action as we deem appropriate under the circumstances.
our services, We may collect and, in some circumstances, disclose information about you. Such information may be classified
as personal information under the purview of
Regulation 4 of the
Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
ANY CAPITALISED WORDS USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADING
USED HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE
You”, “Your”, “Yourself” and “User” shall mean and refer to natural and legal individuals who use the Application, including
End-Users, Patients, general Users and Practitioners.
Application” shall mean and refer to DocsApp.
Personal Information” shall mean and refer to any personally identifiable information that We may collect from You.
Third Parties” refer to any application, website, company or individual apart from the User and the creator of the Application.
In order to use the services of this Application, You are required to register Yourself by verifying the authorised device.
to practices of businesses that we do not own or control or people we do not employ.
understand how your personal information will be treated as you use this Site and its services. The following discloses
our information gathering and dissemination practices.
We may collect the following information:
Personal data of the User such as, but not limited to, Your name, Your age, date of birth, occupation and gender;
The User’s e-mail and contact information, GPS based location;
The User’s tracking Information such as, but not limited to the device ID, Google Advertising ID and Android ID;
The User’s data sent across through the Application.
As a User of DocsApp, you may provide information about yourself, your spouse or family, your friends, their health issues,
gender of the patient, age of the patient, previous medication taken, previous medical conditions, allergies, etc.
The Information specified above and collected by us may be classified as ‘Personal Information’ or ‘Sensitive Information’
Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules,
. Collection of information which has been designated as ‘sensitive personal data or information’ under the
Information Technology (Reasonable security practices and procedures and sensitive personal data or information)
as required under applicable law. Our Services may be unavailable to you in the event such consent through an email
is not given.
For Practitioners using DocsApp, we would collect your Name, Education, Specialization, address of practicing hospitals/clinics,
Contact information, achievements, Device ID (IMEI), Location, etc. If you use DocsApp by accessing it through your
Google+ and Facebook Profiles and other API’s, we collect such data as well.
External Links on The Application
The Application may include offers from our vendors, advertisements, hyperlinks to other websites, applications, content
or resources. We have no control over such external links present in the Application, which are provided by persons
or companies other than Us.
You acknowledge and agree that We are not responsible for any collection or disclosure of your Personal Information by
any external sites, applications, companies or persons, nor are do We endorse any advertising, products or other material
on or available from such external application, websites or resources.
You further acknowledge and agree that We are not liable for any loss or damage which may be incurred by You as a result
of the collection and/or disclosure of Your personal information by external applications, sites or resources, or as
a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other
materials on, or available from such applications, websites or resources. These external applications, websites and
resource providers may have their own privacy policies governing the collection, storage, retention and disclosure of
Your Personal Information that You may be subject to. We recommend that You enter the external application or website
We may allow third parties/individuals to display advertisements when you use the Application.
Our Use of Your Information:
The information provided by You shall be used to contact You when necessary. For more details about the nature of such
communications, please refer to out Terms of Service. We use Your tracking information to help identify you and to gather
broad demographic information. The information is also used to customise your experience of using DocsApp.
We may release your Personal Information to a third-party in order comply with a Court Order or other similar legal procedure,
or when we believe in good faith that such disclosure is necessary to comply with the law; prevent imminent physical
harm or financial loss; or investigate or take action regarding illegal activities, suspected fraud, or violations of
by You and information about You to the company we are acquired by or merge with.
The information made available by Patients is displayed to Practitioners and vice versa. The information collected from
Practitioners is displayed on the Application to enable a User to connect with a Practitioner of their choice.
Disclosure of Your Information to Third Parties:
When you use our Application, we must provide some of your personal information to third parties (like AppVirality) to
give you better services and for enhancement and visibility of our Application. However, we do not sell or rent individual
customer names or other Personal Information to third parties except sharing of such information with our alliance partners
or vendors who are engaged by us for providing various promotional and other benefits to our customers from time to time.
Due to the existing regulatory environment, we cannot ensure that all of your information shall never be disclosed in ways
disclose Your Personal Information to the government, law enforcement agencies or other Third Parties. Under certain circumstances,
Third Parties may unlawfully intercept or access transmission or private communications, or abuse or misuse Your Personal
Information that they may collect from our Application. Therefore, we do not promise, and you should not expect, that
your personally identifiable information or private communications would always remain private. We may share your personal
information to those service providers and Practitioners with which you make arrangements through our website. We provide
them with the Personal Information needed to make and complete the appointment / answer the query you pose.
We may share our data, including Your Personal Information, with our parent and/or subsidiaries that are committed
to serving your needs through use of our Application and related services, throughout the world.
We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual
property rights, fraud and other rights. We can, and You so authorise Us, disclose Your Personal Information to
law enforcement and other government officials as We, in Our sole discretion, believe necessary or appropriate,
in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal
or may expose Us/ Us or You to any legal liability.
We gather up data such as personally identifiable information and disclose such information in a non-personally identifiable
manner to advertisers and other third parties for other marketing and promotional purposes. However, in these situations,
we do not disclose to these entities any information that could be used to identify you personally. We may use third-party
advertising companies to serve advertisement on our behalf. These companies may employ cookies and action tags (also
known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third
parties collect via cookies and action tags is completely anonymous
and other Policies as set forth on the website
www.docsapp.in. It is hereby further specified that all the Terms and Policies on the Website shall be coterminous
to these terms.