PRIVACY POLICY

DocsApp, the creator of this Privacy Policy ensures its commitment to Your privacy with regard to the protection of your information. This privacy policy contains information about DocsApp. In order to provide You with uninterrupted use of 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.

If You have any queries or concerns regarding this privacy policy, You should contact DocsApp Customer Support Desk.

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 USER NOR THE CREATERS OF THIS PRIVACY POLICY MAY USE THE HEADING TO INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER. THIS PRIVACY POLICY SHALL BE COTERMINOUS TO THE PRIVACY POLICY GOVERNING THE USE OF WWW.DOCSAPP.IN.

  1. Definitions

  1. We”, “Our”, and “Us” shall mean and refer to the creators of this privacy policy.

  2. 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.

  3. Application” shall mean and refer to DocsApp.

  4. Personal Information” shall mean and refer to any personally identifiable information that We may collect from You.

  5. Third Parties” refer to any application, website, company or individual apart from the User and the creator of the Application.

  1. Overview

In order to use the services of this Application, You are required to register Yourself by verifying the authorised device. This Privacy Policy applies to your information that we collect and receive on and through DocsApp; it does not apply to practices of businesses that we do not own or control or people we do not employ.

By using this Application, you agree to the terms of this Privacy Policy. Please read the following Privacy Policy to 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.

  1. Information Collected

We may collect the following information:

  1. Personal data of the User such as, but not limited to, Your name, Your age, date of birth, occupation and gender;

  2. The User’s e-mail and contact information, GPS based location;

  3. The User’s tracking Information such as, but not limited to the device ID, Google Advertising ID and Android ID;

  4. 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’ under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 . 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) Rules requires your express consent. By affirming your assent to this Privacy Policy, you provide your consent to such collection 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.

  1. 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 and review their privacy policy.

We may allow third parties/individuals to display advertisements when you use the Application.

  1. 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 Our Terms of Use. In case We are acquired by or merged with another company, We shall transfer information disclosed 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.

  1. 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 other than those described in this Privacy Policy. For example, but without limiting and foregoing, we may be forced to 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.

    1. 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. .

    2. 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.

    3. 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

  1. Website Terms

By downloading and / or using this Application, you hereby agree to be bound by the Terms of Use / Service , Privacy Policy, 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.



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.

  1. Eligibility & Registration

  1. 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.
  2. 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.
  3. 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
  4. When you register with us and/or access or use the Service, you confirm that you have provided accurate, current and complete information about yourself and that you will keep all such information current, complete and accurate at all times for as long as you use the Service. All the data and information that you provide or that is collected from your access/use of the Service shall be treated and protected in accordance with our Privacy Policy, which is deemed a part of these Terms.
  5. 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 help@docsapp.in with the title “Unauthorized Use of Account” and we will initiate action to stop further access under the said account.  
  6. 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.

  1. Grant of License & Reservation of Rights

  1. 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.
  2. 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.

  1. Nature of Service & Limitations

  1. No Doctor-Patient Relationship between Us

  1. Not for Medical Emergencies & Not a replacement for your Primary Care Physician

  1. Limitations of Online Consultation and Informed Consent

  1. No Sale or Offer to Sell Drugs /Medicines

  1. No Diagnostic / Medical / Clinical Tests or Service

  1. Use of Service

  1. 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.
  2. Without prejudice to the above, you agree not to host, display, upload, modify, publish, transmit, update or share any information that:
  1. 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.

  1. Payment For Service

  1. Some parts of the Service are chargeable as may be specified from time to time. We will tell you about applicable charges for any paid Service and the payment terms presented to you when you use or order a paid Service are deemed part of these Terms of Use. As a convenience to you, we also collect payments due to medical practitioners, pharmacies and diagnostic laboratories / centres for their services that you avail or book through the Service. Subject to receipt of the payments from you, we will be responsible to pass on the payments due to these third parties. We reserve the right to change our charges and payment terms at any time provided however that the new charges will not be applicable to orders accepted before the change is notified. If you don't pay for paid Service on time, we reserve the right to suspend or cancel your order for the said Service or to not provide you with the ordered Service. We shall not be responsible for any Service that is not provided to you if you fail to pay the applicable charges for the same. Charges paid are non-refundable except in our sole discretion.
  2. 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.

  1. Your Data and Information

  1. When you register with us and/or access the Service, you will be required to provide certain personal data and information about yourself to us. When you access or use the Service, we also collect and store certain information and data about you and your access/use. Our Privacy Policy which is available here and here   explains what personal information and data we collect and how we treat your personal data and information and protect your privacy. The terms of our Privacy Policy are deemed incorporated in these Terms and forms a part of these Terms. Therefore, please read our Privacy Policy carefully. When you access or use the Service, you consent to the collection and use of your personal data and information in accordance with our Privacy Policy.  
  2. 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.
  3. 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.
  4. 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.

  1. 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.

  1. 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.

  1. Third Party Links and Advertisements

  1. 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.
  2. When you click on any of these third party links, you are leaving the Service and will be subject to the terms of use and privacy and security policies of the third party site. You link to any such third party website /applications entirely at your own risk.

  1. 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.

  1. 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.

  1. Termination

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.

  1. Notices

All notices to us shall be in writing and shall be made via e-mail to help@docsapp.in 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.

  1. 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.

  1. Miscellaneous:

If any term or provision of these Terms shall be declared invalid by a court of competent jurisdiction, then such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and the remainder of these Terms shall remain in full force and effect, according to its terms. The failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause. Your right to use the Service is personal to you and you shall not assign or transfer in any manner any of your rights, obligations or interest in these Terms or your subscription to any third party. We may freely assign our rights and obligations hereunder. Should there be any conflict between these Terms and any other notice/communication, the terms and conditions set forth in these Terms shall prevail, to the extent of such conflict. These Terms (including the Privacy Policy and other notices on the Website / the App, which are incorporated and deemed part of these Terms), constitute the entire agreement between us and supersedes all prior agreements regarding the subject matter hereof. When you use the Service and provide any information on or through the Service; or when you click any of the buttons available on the Website or the App; or when you send an e-mail to us, you are communicating with us through electronic records. You hereby consent that such electronic records, whether sent by you or automatically generated by the computer system when you click on any of the buttons available on the Website or the App or the Service, shall be deemed to be communications sent in writing by you.

  1. Grievance Redressal:

If you have any concern or grievance with respect to the Service, please e-mail us at help@docsapp.in and we will study the matter and take such action as we deem appropriate under the circumstances.

I have read and understood these Terms of Use (including the Privacy Policy and other notices on the Website / App) and agree to all of the provisions contained therein.