Terms & Conditions - CallDoc

TERMS OF SERVICE

GENERAL

The mobile / tablet application CallDoc (hereinafter referred to as “Application” or “App”), is owned by Oncall Medicate Pvt Ltd, Having registered office at ED-15/C, Pitampura, Delhi 110034.

a).  For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a user of the Application by installing the Application. The term “We”, “Us”, “Our” shall mean CallDoc. “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it and the Terms of Service, and other Policies available on our Website, “mycalldoc.com”. “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and CallDoc.

The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value. The terms used herein shall have the same meaning ascribed to them in the Terms of Service, Privacy Policy, and other policies available on the Website www.mycalldoc.com(“Website / Site”).

b).  By using the App, You accept and agree to be bound by this Agreement, the Privacy Policy, as well as rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this Application, including the Terms and Polices on the Website that shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. Your use of Our Application is evidence that You have read and agreed to be contractually bound by these Terms of Service and our Privacy Policy. Please read the terms carefully. The use of this Application by You is governed by this policy and any policy so mentioned by terms of reference.

c).  We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updates on its requirements. If You continue to use the Application or avail of its services following such change, it is deemed as consent by You to the so amended policies. Your continued use of the Application is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.

d).  These Terms constitute a binding and enforceable contract between Calldoc and you, an end user of the App and the services available through the App (“you”). You may authorize other persons to use the App on your behalf in certain cases; in such events, you shall be liable for all acts or omissions of the person you authorize to use the App. If you are using the App on behalf of another party, you represent and warrant that (a) these Terms have been explained in their entirety to the other party and (b) you have the authority to enter into these Terms on behalf of such party and bind such party to these Terms.

You represent and warrant that you have full legal capacity and authority to agree and bind yourself to these Terms. You represent that you are over 18 years of age. If you are below the age of 18, you may only use the App if your guardian or parent has expressly agreed to these Terms on your behalf, and your guardian or parent shall be responsible and liable for your obligations arising out of these Terms.

If you do not agree with any of these terms, please discontinue using the Application.

RESTRICTIONS ON USE

To fully avail the services of the Application and use it, you must download the app from the ‘Google Playstore APP’ / Apple store, and verify your phone number. Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are for any reason, unable to provide ‘Consent’ as per the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, you are not eligible to register for, use or avail the services available on the Application.

Without limiting any other provisions of these Terms, you may not use this Application for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this Application may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason.

User Account

a).  You can consult with Doctors either through an account you create, or authorize someone to create on your behalf to which you have access on the App (“User Account”).

b).  We might require you to share information, including information pertaining to your identification in the process of creation of the User Account. You agree that all information provided in this regard is complete, true, and accurate. Separately, you should ensure the confidentiality of details of the User Account, including usernames and passwords. Please note that all personal information shared with us shall be treated and processed in accordance with our Privacy Policy.

c).  You are solely responsible and liable for all activities that take place on or through the User Account. We are not liable for any unauthorized access to User Accounts, including but not limited to hacking and security breaches. We reserve, at our sole discretion, the right to suspend a User Account if we are of the opinion that the User Account is being accessed by an unauthorized party.

d).  The Company reserves the right to manage the hours when Doctors are made available online through the App.

e).  Depending on your requirements, and subject to the other terms hereunder, you may either book an appointment with a specific Doctor of your choice on the App or choose to have an appointment booked with the next available Doctor. Please note that certain Doctors may require you to book an appointment in advance. You agree and acknowledge that Doctors have the sole right to accept or reject your appointment.

f).  Doctors have the right to deny consultations in certain cases. This may happen for different reasons, including without limitation, if the Doctor is of the opinion that your ailment requires a physical consultation to treat you effectively. You will not be charged for consultation fees, if applicable, for cases covered under Clause 5(b).

g).  Subject to the payment of a cancellation fee, you are entitled to cancel an appointment with a Doctor prior to the commencement of the consultation.

h).  If you are unable to complete a consultation with a Doctor due to a technical failure at your end, and if you cannot connect within two minutes from the time the connection was lost, the consultation session will automatically terminate. You shall not be entitled to a refund in such cases.

i).  CallDoc does not provide features for the video or audio of a consultation to be recorded in any form. You undertake and warrant that you shall not record any consultation in any manner. Failure to adhere to this clause will immediately result in termination of the contract.

INTERMEDIARY APPLICATION

The Website is a Platform that Patients and Practitioners utilize to meet and interact with one another for their transactions. We act as aggregators who display to the End User / Patients Practitioners best suited to your needs, based on the Content provided to us / updated on the Website / updated on the Mobile Application, or applications built on it, by Practitioners and End Users, including without limitation Content relating to area of Practitioner area of specialization, expertise, experience, availability, and geographic location.

The Platform allows you to upload materials and information, including but not limited to documents, images etc(“User Information”). You understand that User Information is shared with the Doctors you select. Doctors may use your User Information to diagnose or otherwise advise you.

You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub- licensable, and royalty-free license to use, display, store, host, communicate, make available, modify, adapt, translate, and create derivative works of the User Information

(i) for the functioning of and in connection with the Platform and
(ii) in order to share the User Information with Doctors that you select through the Platform.

You represent and warrant that

(i) your User Information does not and shall not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content, and
(ii) all User Information is true, complete, and accurate.

You represent and warrant that your User Information is not defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive. Our treatment of User Information shall be in accordance with our Privacy Policy. However, if a User choose to proceed with a Practitioner displayed / identified / listed by us, for any purpose whatsoever, including without limitation, posing a question, seeking medical advisory service, exchanging Patient information, charts, DICOM Images, seeking appointments, we are not a party to such interaction and take no liability arising from such communication.

COMMUNICATIONS

By using this Application, it is deemed that You have consented to receiving telephonic calls, SMSs and/or emails from us and other Users. Such communications shall be sent to You on the telephone number and/or email id provided by You for the use of this Application which are subject to our Privacy Policy. Such communication by Us is for purposes that inter alia include clarification calls, marketing calls and promotional calls.

In the event you use the Appication to book appointments with any Practitioner, We may send booking confirmation, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS, Chat, or by voice call on the contact number provided by You at the time of making the appointment. This includes contacting you through information received from other parties. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls.

PRACTITIONER DISPLAY

CallDoc collects, directly or indirectly, and displays on the Application, relevant information regarding the profile and practice of the Practitioners listed on the Application, such as their specialization, qualification, area of practice, experience, fees, location, visiting hours, and similar details. Although we take reasonable efforts to ensure that such information is accurate and updated at frequent intervals, we cannot be held liable for any inaccuracies or incompleteness represented on the Application pertaining to Practitioner Content.

The Regular Medical Practioner who register himself on this Platform acknowledge that he has gone through and understood the Telemedicine Practice Guidelines (file:///C:/Users/a/Downloads/Telemedicine%20Guidelines.%20MOHFW.%20MCI%2025th%20March%202020.pdf ) released by The Ministry of Health and Family Welfare along with NITI Aayog released on 25.03.2020, to allow registered medical practitioners for providing telemedicine consultation enabling Registered Medical Practioners to provide Healthcare using telemedicine. The RMP using this plateform undertakes to abide by the guidelines as prescribed by the Ministry of Health and Family Weilfate alongwith NITI Aayog and shall keep himself/herself updated about any further guidelines. It is hereby expressly clarified that, the Information that you obtain or receive from CallDoc is for informational and User’s personal purposes only. We make no guarantees, representations or warranties, whether expressed or implied, quality of work, expertise or other information pertaining to the Practitioners provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information. CallDoc is not meant to be a substitute for emergency medical care.

DISCLAIMERS

i. CallDoc does not support any Practitioners displayed / made available through the Application.
ii. CallDoc assumes no liability for the repercussions of using the application for the purpose of transmitting User’s medical / personal data to any other User, including without limitation, loss of data, failure to boot, or other errors in the working of the device on to which the application has been downloaded.
iii. CallDoc is an application used by Practitioners to promote their Services. By using CallDoc, the User understands and accepts that CallDoc does not endorse any Practitioner’s services.

USER’S OBLIGATIONS

The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.

1.  You hereby certify that you are at least 18 years of age.
2.  You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Application, including, without limitation, any usage rules set forth in this Agreement.
3.  You undertake not to:

a).   Cut, copy, distribute, modify, recreate, reverse engineer, distribute, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Application. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Application is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained.
b).   Access (or attempt to access) the Application and/or the materials or Services by any means other than through the interface that is provided by the Application. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application is prohibited. You acknowledge and agree that by accessing or using the Application or Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Application. Further, You may report such offensive content.
c). &nbsnbsp Use the Application in any manner that may impair, overburden, damage, disable or otherwise compromise CallDoc’s services.
d).   Use the User information made available through CallDoc to further any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft.
e).   UUse the User information made available through CallDoc to abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
f).   Engage in any activity that interferes with or disrupts access to the Application or the Services (or the servers and networks which are connected to the Application);
g).   Probe, scan or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Application, or exploit the Application or Service or information made available or offered by or through the Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Application;
h).   Disrupt or interfere with the security of, or otherwise cause harm to, the Application, systems resources, servers or networks connected to or accessible through the Applications or any affiliated or linked applications;
i).   Violate any applicable laws or regulations for the time being in force within or outside India;
j).   Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

UPDATES

From time to time, the Application may automatically check the version of the Application installed on the Device and, if applicable, provide updates for the Application (hereinafter referred to as “Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application. By installing the Application, You authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Application and Updates shall be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).

ACTIONS UNDERTAKEN ON YOUR DEVICE

Upon download and installation of the Application, You grant the following permissions to the Applications to perform the following actions on the device You have installed the Application in.

a).   To read from, write on, modify and delete data pertaining to the Application on the device’s hard disk and/or external storage;
b).   To access information about networks, access networks including wifi networks, receive and send data through the network;
c).   To determine Your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks;
d).   To determine Your exact location from sources such as, but not limited to GPS.
e).   To access the model number, IMEI number and details about the operating system of the device the Application has been installed on, as well as the phone number of the device.
f).   To retrieve information about other applications running on the device the Application has been installed on and open them.
g).   To detect when the phone had been switched off and switched on for the purpose of sending notification/ push notifications.
h).   To access and change the display and sound settings of the device the Application has been installed in.

ETIQUETTE AND PRIVACY

The network resources of CallDocmay not be used to impersonate another person or misrepresent authorization to act on behalf of others or CallDoc. All messages transmitted via CallDoc should correctly identify the sender. The Consumer may not alter the attribution of origin in electronic mail messages or while posting any information. The Consumer shall not attempt to undermine the security or integrity of computing systems or networks of CallDoc, its partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. All Consumer-specific information provided by the Consumer in connection with Services shall be governed by the CallDoc Privacy Policy, which can be studied in detail at www.mycalldoc.com/privacy. As part of these Terms and Conditions, the Consumer understands, has read and accepts all Terms and Conditions contained within the CallDoc Privacy Policy. CallDoc reserves the right to terminate any account that does not dinclude a valid email address on file. This email address must be stored in the profile for the Consumer’s account on the CallDoc system.

FORCE MAJEURE

We shall have no liability to you if we are prevented from or delayed in performing our obligations or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or sub-contractors.

REFUNDS, CANCELLATIONS, DISPUTES AND CHARGEBACKS

a).  No cancellation or refunds are permitted in CallDoc.
b).  In exceptional cases,User may submit a claim for a refund for a purchase by emailing help@mycalldoc.com and providing a clear and specific reason for the refund request and the exact terms that have been violated. Whether a refund will be provided will be determined by Company in its sole discretion. Refund requests must be submitted within 30 days of purchase.

These Terms shall be governed by, construed and enforced in accordance with the laws of India. Subject to other provisions in this paragraph, courts in New Delhi/Delhi shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Platform.
Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in [Bengaluru] in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this paragraph. The tribunal shall consist of 1 (One) arbitrator appointed by us. The language of the arbitration shall be English.
The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto. Each party to the arbitration shall bear its own costs with respect to any dispute.

COPYRIGHT

a).  All information, content, services and software displayed on, transmitted through, or used in connection with the Application, including for example text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the “App Content”), as well as its selection and arrangement, is owned by Us other Third Parties. You may use the App Content only through the Application, and solely for your personal, non-commercial use.
b).  You may not, republish any portion of the App Content on any Internet, Intranet or extranet site or incorporate the App Content in any database, compilation, archive or cache. You may not distribute any App Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the App Content. You may not scrape or otherwise copy the App Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Application; not to insert any code or product or manipulate the content of the Application in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.

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.mycalldoc.com. It is hereby further specified that all the Terms and Policies on the Website shall be coterminous to these terms.

Miscellaneous

(a) Modification – – We reserve the right at any time to modify these Terms and to add new or additional terms or conditions on your use of the Platform. Such modifications and additional terms and conditions will be made available on the Platform and, if applicable, will be communicated to you. Unless expressly rejected (in which instance these Terms shall terminate), such modifications or additions will be effective immediately and will be incorporated into these Terms. Your continued use of the Platform will be deemed acceptance of such modifications and additions.
(b) Severability – If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the paragraph, in which case the entirety of the relevant provision will be deemed to be deleted).
(c) Notices – – All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to the registered address of Oncall Medicare Pvt. Ltd. and the address provided by the User on the data base of the App.
(d) Third Party Rights – No third party shall have any rights to enforce any terms contained herein.
(e) Translations – Any translated version of these Terms is provided solely for your convenience. To the extent any translated version of these Terms conflicts with this English version, this English version shall prevail.