DocMitra Private Limited, on behalf of itself and its affiliates/group companies under the brand "DocMitra" (“DocMitra”) is the author and publisher of the internet resource www.DocMitra.com. DocMitra owns and operates the services provided through the Website.
DocMitra is an online aggregator of data related to health sector (Hospitals, Doctors and Diagnostic Centre). At "DocMitra" the patient can search best Hospitals, Doctors and Diagnostic Centre.
1. NATURE AND APPLICABILITY OF TERMS
Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.docmitra.com/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by DocMitra. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and DocMitra in connection with your visit to the Website and your use of the Services (as defined below). The Agreement applies to you weather you are
A medical practitioner or health care provider (whether an individual Doctor or an organization) or similar institution, including, hospitals, clinics, nursing home, Diagnostic Centre (pathology, microbiology, biochemistry and radio diagnosis) wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”);
A patient, his/her representatives or affiliates, searching for Hospitals, Doctors and Diagnostic Centre through the Website (“User”); or
Otherwise a user of the Website (“you” or “User”).
The Services may change from time to time, at the sole discretion of DocMitra, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at info@DocMitra.com.
By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the relevant Contract for subscription and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of DocMitra.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
the Indian Contract Act, 1872,
the (Indian) Information Technology Act, 2000, and
the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “Personal Information Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IT Rules”).
2. CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to DocMitra that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS
USER ACCOUNT AND DATA PRIVACY
The terms “personal information” and “sensitive personal data or information” are defined under the Personal Information Rules, and are reproduced in the Privacy Policy.
DocMitra may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of DocMitra’s services and to build new services.
The Website allows DocMitra to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
the fact that certain information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the nature of collection and retention of the information; and
the name and address of the agency that is collecting the information and the agency that will retain the information; and
the various rights available to such Users in respect of such information.
DocMitra shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to DocMitra or to any other person acting on behalf of DocMitra.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or DocMitra has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DocMitra has the right to discontinue the Services to the User at its sole discretion.
DocMitra may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify DocMitra of any actual or suspected unauthorized use of the User’s account or password. Although DocMitra will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DocMitra or such other parties as the case may be, due to any unauthorized use of your account.
The User hereby authorises and grant their unconditional consent to DocMitra to share the medical records and medical prescriptions that User may upload on DocMitra website with the online pharmacy companies. User hereby agree while sharing such information of User with any third party shall not constitute any kind of breach by DocMitra and User shall always abide by this covenant. DocMitra shall take all reasonable care while sharing these prescriptions with third parties relevant to receive such information, however, User hereby agree that in case of any data breach, DocMitra shall not be responsible towards User for such breach.
4. RELEVANCE ALGORITHM
DocMitra relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their accreditations, specialities, procedures (Cost And Detail), quality indicators, facilities, hospital empanelment’s and insurances, patient feedback loop system, clinical achievements, academic details, professional details, location with contact numbers and blogs on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by DocMitra. DocMitra will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. DocMitra in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.
5. DOCTORS SERVICES
As a condition of your use of and access to the diagnostic services provided through the Website and Your acceptance of these Terms of Use, You are subject to the following rules/ guidelines: Terms for use of the Doctor Services:
DocMitra hereby enrolls or registers the Doctor to render its Services to the Users of Website, and the Doctor hereby agrees to render and provide the Services to the Users, in accordance with the terms and conditions agreed with the Users and strictly in compliance of Applicable Law.
Doctor hereby undertakes to devote his time, best efforts, attention and expertise in rendering the Services to the Users. The Doctor shall, at all times, faithfully, efficiently, competently and diligently undertake the Services in compliance with Applicable Law.
In rendering the Services to the Users, Doctor shall be acting as an independent practitioner and not as an employee or agent of DocMitra. As independent practitioner, the Doctor shall not have any authority, express or implied, to commit or obligate DocMitra in any manner whatsoever, except as specifically authorised from time to time in writing by an authorised representative of DocMitra.
The Doctor agrees and undertakes that during the term of this Agreement and while rendering the Services to the Users of Website, it shall be responsible and obligated to procure, comply with the terms and keep in force all applicable approvals and permissions that may be required by the Doctor and / or make the requisite statutory filings as required, under applicable law for undertaking the Services.
In performance of the Services, the Doctor agrees and undertakes that it will exercise the standard of skill, care and diligence that may be expected of a Doctor and experienced person performing similar services.
The Doctor hereby agrees and understands that consideration in connection with the Services being rendered to the Users, Doctor shall collect his fees directly with Users or without any obligation or liability to DocMitra, unless such fees has been paid by the Users through Website using the online payment channels available thereby. Further, it is hereby clarified that DocMitra shall charge a commission from the Doctor as per payment plan opted by the Doctor on Website or otherwise, which shall be paid by the Doctor to DocMitra in terms of the policy published by DocMitra on its Website (www.DocMitra.com)
The Doctor represents and warrants to DocMitra that: (1) the Doctor is free to enter into this Agreement with DocMitra without violation of any third party rights and that this Agreement will not result in violation of any applicable law or any contract or restrictive condition that the Doctor may have with any third party; (2) the Doctor is not a party to any arrangement or agreement which will compromise their duties and responsibilities under this Agreement; and (3) All information provided by the Doctor to DocMitra is truthful and accurate and Doctor shall be solely liable and responsible for any misrepresentation or wrong information being provided to DocMitra or to the Users through DocMitra’s website.
DocMitra provides Services through the Website as a marketplace and facilitates the Users to avail services offered by Doctors through the Website. DocMitra is not and shall not be responsible for any services rendered by the Doctors and does not deal with any of Doctors client or patient managed by Diagnostic Centre through the Website and only provides facilitation Services to the Users through the Website. Use of the Website may require the Doctors to use software and the Doctors have to ensure the procurement of such software from the concerned providers. User and the Doctors agree to use the Website and the materials provided therein only for purposes that are permitted by: (a) these Terms of Use; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.
Doctors may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
DocMitra will provide to the Doctors basic support for the Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Services available within the reasonable time, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond DocMitra reasonable control, including without limitation Force Majeure Events (as defined herein below). DocMitrawill provide the Services only in accordance with applicable law(s) and government regulations.
The Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Doctors are permitted to make against DocMitra application programming interface, and, other limitations dependent on the Doctors plan, for example, number of SMS, or number of Users. Any such limitations are specified in the Doctors plans. The Services provide real-time information to enable Doctors to monitor such Doctors compliance with such limitations.
Notwithstanding anything to the contrary contained herein, Doctors alone shall be liable for Doctors dealings and interaction with the Users who avail the services of the Doctors contacted or managed through the Website and DocMitra shall have no liability or responsibility in this regard. DocMitra does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Doctors, Hospitals or any diagnostic centre or any third party through the Website. The Services should not be used for emergency appointment purposes.
Notwithstanding anything to the contrary contained herein, Doctors alone shall be liable for dealings and interaction with Users contacted or managed through the Website and DocMitra shall have no liability or responsibility in this regard. DocMitra does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information generated by the Doctors.
DocMitra may, at its sole discretion, suspend Doctors or Users ability to use or access the Website at any time while DocMitra investigates complaints or alleged violations of these Terms of Use, or for any other reason. DocMitra has the right to edit profiles of Doctors to make them more suitable for package searches on the Website. If Doctors and/ or Users find any wrong information on the Website in relation to such Doctors and/ or User, they can contact DocMitra immediately for such corrections. DocMitra shall have no liability or responsibility in this regard.
6. HOSPITAL SERVICES
As a condition of your use of and access to the hospital services provided through the Website and Your acceptance of these Terms of Use, You are subject to the following rules/ guidelines:Terms for use of the Hospital Services:
DocMitra hereby enrolls or registers the Hospital to render its Services to the Users of Website, and the Hospital hereby agrees to render and provide the Services to the Users, in accordance with the terms and conditions agreed with the Users and strictly in compliance of Applicable Law.
Hospital hereby undertakes to perform the Services using best efforts, attention and expertise in rendering the Services to the Users. The Hospital shall, at all times, faithfully, efficiently, competently and diligently undertake the Services in compliance with Applicable Law.
In rendering the Services to the Users, Hospital shall be acting as an independent entity and not as agent of DocMitra. As independent entity, the Hospital shall not have any authority, express or implied, to commit or obligate DocMitra in any manner whatsoever, except as specifically authorised from time to time in writing by an authorised representative of DocMitra.
The Hospital agrees and undertakes that during the term of this Agreement and while rendering the Services to the Users of Website, it shall be responsible and obligated to procure, comply with the terms and keep in force all applicable approvals and permissions that may be required by the Hospital and / or make the requisite statutory filings as required, under applicable law for undertaking the Services.
In performance of the Services, the Hospital agrees and undertakes that it will exercise the standard of skill, care and diligence that may be expected of a Hospital and experienced person performing similar services.
The Hospital hereby agrees and understands that consideration in connection with the Services being rendered to the Users, Hospital shall collect the fees directly with Users or without any obligation or liability to DocMitra, unless such fees has been paid by the Users through Website using the online payment channels available thereby. Further, it is hereby clarified that DocMitra shall charge a commission from the Hospital as per payment plan opted by the Hospital on Website or otherwise, which shall be paid by the Hospital to DocMitra in terms of the policy published by DocMitra on its website (www.DocMitra.com)
The Hospital represents and warrants to DocMitra that: (1) the Hospital is free to enter into this Agreement with DocMitra without violation of any third party rights and that this Agreement will not result in violation of any applicable law or any contract or restrictive condition that the Hospital may have with any third party; (2) the Hospital is not a party to any arrangement or agreement which will compromise their duties and responsibilities under this Agreement; and (3) All information provided by the Hospital to DocMitra is truthful and accurate and Hospital shall be solely liable and responsible for any misrepresentation or wrong information being provided to DocMitra or to the Users through DocMitra’s website.
DocMitra provides Services through the Website as a marketplace and facilitates the Users to avail Hospital facilities offered by hospital through the Website. DocMitra is not and shall not be responsible for any information collected, diagnosis by the Hospital and does not deal with any of Hospital client or patient managed by Hospital through the Website and only provides facilitation Services to the Users through the Website. Use of the Website may require the Hospital to use software and the Hospital have to ensure the procurement of such software from the concerned providers. User and the Hospital agree to use the Website and the materials provided therein only for purposes that are permitted by: (a) these Terms of Use; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.
The Hospital may not access the Services if the Hospital is DocMitra direct competitor, except with DocMitra prior written consent. In addition, the Hospital may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
DocMitra will provide to the Hospital basic support for the Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Services available 24 (twenty-four) hours a day, 7 (seven) days a week, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond DocMitra reasonable control, including without limitation Force Majeure Events (as defined herein below). DocMitra will provide the Services only in accordance with applicable law(s) and government regulations.
The Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Hospital are permitted to make against DocMitra application programming interface, and, other limitations dependent on the Hospital plan, for example, number of SMS, or number of Users. Any such limitations are specified in the Hospital plans. The Services provide real-time information to enable Hospital to monitor such Hospital compliance with such limitations.
Notwithstanding anything to the contrary contained herein, Hospital alone shall be liable for Hospital dealings and interaction with the Users who avail the services of the Hospital contacted or managed through the Website and DocMitra shall have no liability or responsibility in this regard. DocMitra does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Hospital through the Website. The Services should not be used for emergency appointment purposes.
DocMitra may, at its sole discretion, suspend Hospital or Users ability to use or access the Website at any time while DocMitra investigates complaints or alleged violations of these Terms of Use, or for any other reason. DocMitra has the right to edit profiles of Hospital to make them more suitable for searches on the Website. If Hospital and/ or Users find any wrong information on the Website in relation to such Hospital and/ or User, they can contact DocMitra immediately for such corrections. DocMitra shall have no liability or responsibility in this regard.
7. DIAGNOSTICS SERVICES
As a condition of your use of and access to the diagnostic services provided through the Website and Your acceptance of these Terms of Use, You are subject to the following rules/ guidelines:Terms for use of the Diagnostic Services:
DocMitra hereby enrolls or registers the Diagnostic Centre to render its Services to the Users of Website, and the Diagnostic Centre hereby agrees to render and provide the Services to the Users, in accordance with the terms and conditions agreed with the Users and strictly in compliance of Applicable Law.
Diagnostic Centre hereby undertakes to perform the Services using best efforts, attention and expertise in rendering the Services to the Users. The Diagnostic Centre shall, at all times, faithfully, efficiently, competently and diligently undertake the Services in compliance with Applicable Law.
In rendering the Services to the Users, Diagnostic Centre shall be acting as an independent entity and not as agent of DocMitra. As independent entity, the Diagnostic Centre shall not have any authority, express or implied, to commit or obligate DocMitra in any manner whatsoever, except as specifically authorised from time to time in writing by an authorised representative of DocMitra.
The Diagnostic Centre agrees and undertakes that during the term of this Agreement and while rendering the Services to the Users of Website, it shall be responsible and obligated to procure, comply with the terms and keep in force all applicable approvals and permissions that may be required by the Diagnostic Centre and / or make the requisite statutory filings as required, under applicable law for undertaking the Services
In performance of the Services, the Diagnostic Centre agrees and undertakes that it will exercise the standard of skill, care and diligence that may be expected of a Diagnostic Centre and experienced person performing similar services.
The Diagnostic Centre hereby agrees and understands that consideration in connection with the Services being rendered to the Users, Diagnostic Centre shall collect the fees directly with Users or without any obligation or liability to DocMitra, unless such fees has been paid by the Users through Website using the online payment channels available thereby. Further, it is hereby clarified that DocMitra shall charge a commission from the Diagnostic Centre as per payment plan opted by the Diagnostic Centre on Website or otherwise, which shall be paid by the Diagnostic Centre to DocMitra in terms of the policy published by DocMitra on its website (www.DocMitra.com)
The Diagnostic Centre represents and warrants to DocMitra that: (1) the Diagnostic Centre is free to enter into this Agreement with DocMitra without violation of any third party rights and that this Agreement will not result in violation of any applicable law or any contract or restrictive condition that the Diagnostic Centre may have with any third party; (2) the Diagnostic Centre is not a party to any arrangement or agreement which will compromise their duties and responsibilities under this Agreement; and (3) All information provided by the Diagnostic Centre to DocMitra is truthful and accurate and Diagnostic Centre shall be solely liable and responsible for any misrepresentation or wrong information being provided to DocMitra or to the Users through DocMitra’s website.
DocMitra provides Services through the Website as a marketplace and facilitates the Users to avail diagnostic test/ packages facilities offered by Diagnostic Centre through the Website. DocMitra is not and shall not be responsible for any sample collected, tests conducted and reports generated by the Diagnostic Centre and does not deal with any of Diagnostic Centre’s client or patient managed by Diagnostic Centre through the Website and only provides facilitation Services to the Users through the Website. Use of the Website may require the Diagnostic Centre to use software and the Diagnostic Centre have to ensure the procurement of such software from the concerned providers. User and the Diagnostic Centre agree to use the Website and the materials provided therein only for purposes that are permitted by: (a) these Terms of Use; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.
The Diagnostic Centre may not access the Services if the Diagnostic Centre are DocMitra direct competitor, except with DocMitra prior written consent. In addition, the Diagnostic Centre may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
DocMitra will provide to the Diagnostic Centre basic support for the Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Services available 24 (twenty-four) hours a day, 7 (seven) days a week, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond DocMitra reasonable control, including without limitation Force Majeure Events (as defined herein below). DocMitrawill provide the Services only in accordance with applicable law(s) and government regulations.
The Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Diagnostic Centre are permitted to make against DocMitra application programming interface, and, other limitations dependent on the Diagnostic Centre plan, for example, number of SMS, or number of Users. Any such limitations are specified in the Diagnostic Centre’s plans. The Services provide real-time information to enable Diagnostic Centre to monitor such Diagnostic Centre’s compliance with such limitations.
Notwithstanding anything to the contrary contained herein, Diagnostic Centre alone shall be liable for Diagnostic Centre’s dealings and interaction with the Users who avail the services of the Diagnostic Centre or diagnostic centres contacted or managed through the Website and DocMitra shall have no liability or responsibility in this regard. DocMitra does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Diagnostic Centre or any diagnostic centre or any third party through the Website. The Services should not be used for emergency appointment purposes.
Notwithstanding anything to the contrary contained herein, Diagnostic Centre alone shall be liable for dealings and interaction with Users contacted or managed through the Website and DocMitra shall have no liability or responsibility in this regard. DocMitra does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the tests conducted and reports generated by the Diagnostic Centre.
DocMitra may, at its sole discretion, suspend Diagnostic Centre or Users ability to use or access the Website at any time while DocMitra investigates complaints or alleged violations of these Terms of Use, or for any other reason. DocMitra has the right to edit profiles of Diagnostic Centre to make them more suitable for package searches on the Website. If Diagnostic Centre and/ or Users find any wrong information on the Website in relation to such Diagnostic Centre and/ or User, they can contact DocMitra immediately for such corrections. DocMitra shall have no liability or responsibility in this regard.
8. LISTING CONTENT AND DISSEMINATING INFORMATION
DocMitra collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Hospital, Doctors and Diagnostic Centre listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. DocMitra takes reasonable efforts to ensure that such information is updated at frequent intervals. Although DocMitra screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
DocMitra does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, DocMitra disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by DocMitra or any User in relation to any User or services provided by such User.
DocMitra assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
If DocMitra determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, DocMitra reserves the right to immediately suspend your access to the Website or any of your accounts with DocMitra and makes such declaration on the website alongside your name as determined by DocMitra for the protection of its business and in the interests of Users. You shall be liable to indemnify DocMitra for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected DocMitra or its Users.
Practitioner hereby agree and understand that the images and data/information used on DocMitra, related to Practitioner, has been collated by the Company and DocMitra through various online database sources and the Company and DocMitra disclaims any right over such images and information and any and all rights over such images and data/information shall vests with the Practitioner. Company and DocMitra hereby waive all its rights and privileges that it may have in such images and data/information in favour of Practitioner and hereby provide its unconditional consent to the Practitioner to use/delete/retain/modify/alter all such information/data and images on DocMitra.COM at its sole discretion. Further, Practitioner may contact info@DocMitra.com in case Practitioner wants to get any such profile deleted or modified on www.DocMitra.com.
9. BOOK APPOINTMENT AND CALL FACILITY DocMitra
enables Users to connect with Hospital, Doctors and Diagnostic Centre through Book facility that allows Users to book an appointment through the Website.
DocMitra will ensure Users are provided confirmed appointment on the Book facility. However, DocMitra has no liability if such an appointment is later cancelled by the Hospital or Doctors.
The results of any search Users perform on the Website for Hospital, Doctors and Diagnostic Centre should not be construed as an endorsement by DocMitra of any such particular Hospital, Doctors and Diagnostic Centre. If the User decides to engage with a Hospital, Doctors and Diagnostic Centre to seek medical services, the User shall be doing so at his/her own risk.
Without prejudice to the generality of the above, DocMitra is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Hospital, Doctors and Diagnostic Centre. User understands and agrees that DocMitra will not be liable for:
User interactions and associated issues User has with the Hospital, Doctors and Diagnostic Centre;
the ability or intent of the Hospital, Doctors and Diagnostic Centre or the lack of it, in fulfilling their obligations towards Users;
any wrong medication or quality of treatment being given by the Hospital, Doctors and Diagnostic Centre, or any medical negligence on part of the Hospital, Doctors and Diagnostic Centre;
inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Hospital, Doctors and Diagnostic Centre to provide agreed Services;
any misconduct or inappropriate behaviour by the Hospital, Doctors and Diagnostic Centre or the Hospital, Doctors and Diagnostic Centre staff;
cancellation or no show by the Hospital, Doctors and Diagnostic Centre or rescheduling of booked appointment or any variation in the fees charged,
Users are allowed to provide feedback about their experiences with the Hospital, Doctors and Diagnostic Centre, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, DocMitra shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website,
In case of a ‘Patient-No-Show (P.N.S)’ where the User does not show-up at the concerned Hospital, Doctors and Diagnostic Centre.
10. NOT FOR EMERGENCY USE
The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
11.TERMS FOR USERS
Notwithstanding anything contained herein, DocMitra in no manner endorses any Hospitals or Doctors that Users consult and is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Hospitals or Doctors
12. TERMS FOR HOSPITALS, DOCTORS AND DIAGNOSTIC CENTRE:
The Hospitals, Doctors and Diagnostic Centre shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Hospitals, Doctors and Diagnostic Centre, DocMitra shall have the right to replace such Hospitals, Doctors and Diagnostic Centre or remove such Hospitals, Doctors and Diagnostic Centre from the platform/DocMitra application/site;
The Hospitals, Doctors and Diagnostic Centre understands and agrees that, DocMitra shall at its sole discretion, at any time be entitled to, show as other Hospitals, Doctors and Diagnostic Centre available for booking.
The Hospitals, Doctors and Diagnostic Centre further understand that, there is a responsibility on the Hospitals, Doctors and Diagnostic Centre towards the User.
The Hospitals, Doctors and Diagnostic Centre has the discretion to cancel any booking at any point in time in cases where the Hospitals, Doctors and Diagnostic Centre feels, it is beyond his/her expertise or his/her capacity.
The Hospitals, Doctors and Diagnostic Centre shall at all times ensure that all the applicable laws that govern the Hospitals, Doctors and Diagnostic Centre shall be followed and utmost care shall be taken in terms of the services being rendered.
The Hospitals, Doctors and Diagnostic Centre acknowledges that should DocMitra find the Hospitals, Doctors and Diagnostic Centre to be in violation of any of the applicable laws/ rules/ regulations/ guidelines set out by the authorities then DocMitra shall be entitled to cancel the booking with such Hospitals, Doctors and Diagnostic Centre or take such other legal action as may be required.
It is further understood by the Hospitals, Doctors and Diagnostic Centre that the information that is disclosed by the User at the time of booking an appointment is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Hospitals, Doctors and Diagnostic Centre privilege.
13. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS:
Practitioner shall not, except as authorized or required by its duties or by Applicable Laws, reveal to any person or entity any of the trade secrets, Confidential Information, personal information of the Users which may come to his knowledge during performance of his duties hereunder and shall keep with complete secrecy all the information entrusted to them and shall not use or attempt to use any such information in any manner which may injure or cause loss either directly or indirectly to DocMitra or its business or the Users. This restriction shall continue to apply after the termination of this Agreement without limit in point of time but shall not apply to information or knowledge, which may or has come into the public domain or is in possession of any third party, without any breach of this Agreement. Without limiting the generality of the foregoing, Practitioner undertakes and agrees:
to take steps and actions to protect and safeguard the Confidential Information against unauthorised use, publication or disclosure;
not to use any of the Confidential Information except for the purpose of performance of his duties and obligations under this Agreement;
not to, directly or indirectly, in any way, reveal, report, publish, disclose, transfer or otherwise use any of the Confidential Information except in the normal course of conducting the business of DocMitra;
not use any Confidential Information to unfairly compete or obtain unfair advantage vis-à-vis DocMitra in any commercial activity which may be comparable to the commercial activity contemplated by DocMitra;
to comply with any other reasonable security measures requested by DocMitra.
DocMitra shall have a right to disclose the identity of Practitioner to its Users on Company’s website and shall, at its discretion, choose to publish or remove any of the content or remarks that may have be made by the Users or Practitioner on the Website.
Practitioner and DocMitra hereby agree that, to the extent the Indian copyright laws or the laws of any jurisdiction bound to recognise rights of copyright, author’s rights or any similar other rights so permit, all services rendered by Practitioner hereunder, and the work product resulting from same, are and shall be deemed to be performed by Practitioner as work for hire or works made for hire for DocMitra or works made during the Term, and are and shall be the sole and exclusive property of DocMitra. To the extent such laws or any rule of law does not so permit, then Practitioner expressly agrees to assign to DocMitra any and all rights, title and interest which Practitioner has or hereafter acquires in such services and work product, including without limitation, any and all rights to copyrights, trademarks and trade secrets thereto.
Practitioner agrees that all Inventions and intellectual property generated or conceived or reduced to practice or learned by Practitioner, either alone or jointly with others, during the Term and exclusively in terms of this Agreement, shall be the sole property of DocMitra and its assigns, and DocMitra and its assigns shall be the sole owner thereof. Practitioner hereby assigns to DocMitra any and all rights, title and interest which Practitioner has in such Inventions, and agrees to assign to DocMitra any and all rights, title and interest which Hospital may hereafter acquire in such Inventions.
Practitioner acknowledges that the restrictions specified in this Article 13 are reasonable and necessary for increasing the efficiency of the business of DocMitra and that the same does not have and is not likely to have an appreciable adverse effect on competition in India.
The contents listed on the Website are (i) User generated content, or (ii) belong to DocMitra. The information that is collected by DocMitra directly or indirectly from the Users and the Hospitals, Doctors and Diagnostic Centre shall belong to DocMitra. Copying of the copyrighted content published by DocMitra on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and DocMitra reserves its rights under applicable law accordingly.
DocMitra authorizes the User to view and access the content available on or from the Website. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "DocMitra Content"), are the property of DocMitra and are protected under copyright, trademark and other laws. User shall not modify the DocMitra Content or reproduce, display, publicly perform, distribute, or otherwise use the DocMitra Content in any way for any public or commercial purpose or for personal gain.
User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
14.REVIEWS AND FEEDBACK
By using this Website, you agree that any information shared by you with DocMitra or with any Hospital, Doctors and Diagnostic Centre will be subject to our Privacy Policy.
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Hospital, Doctors and Diagnostic Centre. The role of DocMitra in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. DocMitra disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. DocMitra shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Your publication of reviews and feedback on the Website is governed by Article 14 of these Terms. Without prejudice to the detailed terms stated in Article 14, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IT Rules and Sensetive Personal Information, (c) if the reviews or feedback contains any vulgar, scandalous material. DocMitra, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Article 14 of these Terms. You agree that DocMitra may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
Obtaining feedback in relation to Website or DocMitra services; and/or
Obtaining feedback in relation to any Practitioners listed on the Website; and/or
Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;
15. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
DocMitra hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which the User does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
impersonate 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;
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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
Users are also prohibited from:
violating or attempting to violate the integrity or security of the Website or any DocMitra Content;
transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by DocMitra;
intentionally submitting on the Website any incomplete, false or inaccurate information;
making any unsolicited communications to other Users;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
copying or duplicating in any manner any of the DocMitra Content or other information available from the Website;
Framing or hot linking or deep linking any DocMitra Content.
Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
DocMitra, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Articles 15.1 and 15.2. DocMitra shall also be entitled to preserve such information and associated records for at least 120 days for production to governmental authorities for investigation purposes.
In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, DocMitra has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
DocMitra may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The Sensitive Personal Information only permit DocMitra to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by DocMitra as provided for under the Sensitive Personal Information, only if such transfer is necessary for the performance of the lawful contract between DocMitra or any person on its behalf and the User or where the User has consented to data transfer.
DocMitra respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
16. TERMINATION
1DocMitra reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
2.Such User breaches any terms and conditions of the Agreement;
3.A third party reports violation of any of its right as a result of your use of the Services;
4.DocMitra is unable to verify or authenticate any information provide to DocMitra by a User;
5.DocMitra has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
6.DocMitra believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for DocMitra or are contrary to the interests of the Website.
7.Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
17. RETENTION AND REMOVAL DocMitra
may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the Sensetive Personal Information. Computer web server logs may be preserved as long as administratively necessary.
18. APPLICABLE LAW AND DISPUTE SETTLEMENT
Except as otherwise specifically provided in this Agreement, the following provisions apply if any dispute or difference arises between the Parties arising out of or relating to this Agreement (“Dispute”).
A Dispute will be deemed to arise when one Party serves on the other Party a notice stating the nature of the Dispute (“Notice of Dispute”).
The Parties hereto agree that they will use all reasonable efforts to resolve between themselves, any Disputes through negotiations.
Any Disputes, whatsoever arising under or in connection with this Agreement which could not be settled by Parties through negotiations, after the period of 30 (Thirty) business days from the service of the Notice of Dispute, shall be finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 and:
All proceedings shall be conducted in English and a daily transcript in English shall be prepared;
There shall be 1 (One) arbitrator selected jointly by Parties;
The venue of arbitration shall be in Jaipur, India; and
Any award made in such arbitration will be final and binding on the Parties.
19. CONTACT INFORMATION GRIEVANCE OFFICER
If a User has any questions concerning DocMitra, the Website, this Agreement, the Services, or anything related to any of the foregoing, DocMitra customer support can be reached at the following email address: info@DocMitra.com , and Our officer will attempt to resolve your issues in a timely manner.
In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact at info@DocMitra.com In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IT Rules, please address your grievance to the above person.
20. INDEMNITY
Notwithstanding anything contained herein, the Practitioner hereby indemnify, defend and hold harmless DocMitra (individually as Indemnified Party) and its affiliates, directors, officers, representatives, successors and assigns (collectively as Indemnified Parties) promptly upon demand at any time and from time to time, from and against any and all (i) cost, losses, demands and claims resulting to, suffered by, sustained, incurred by any of the Indemnified Parties; and/or (ii) any legal action or proceeding initiated against any of the Indemnified Parties, by reason of or arising out of or resulting from or due to breach of representation or covenant of Indemnified Party contained under this Agreement or on account of claim or legal action initiated by the User on account of any act or defect in Services by the Hospital to the User.
21.SEVERABILITY
If any provision of the Agreement is 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.
22. 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 DocMitra. Any consent by DocMitra to, or a waiver by DocMitra 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.
DATA SHARING AND USE AGREEMENT
This Data Sharing and Use Agreement (collectively referred to as the “Agreement”) is made by and between DocMitra Private Limited, a private limited company incorporated under the Indian Companies Act, 2013 having its principal place of business at Civil Lines, New Delhi, India (hereinafter referred to as “DocMitra” which expression shall unless it be repugnant to the context be deemed to include its successors and assigns) and the user of DocMitra’s website and services (hereinafter referred to as “User or You”).
WHEREAS DocMitra is an online healthcare portal providing healthcare solutions, available at www.DocMitra.com (“DocMitra Website”)
You agree to enter into this Agreement as a condition of participation and use of DocMitra Website and services. This Agreement applies to and governs the collection, use, storage, processing, disclosure and transfer of your information when You use the website and/or the services and features provided by DocMitra. When You click on the 'I accept' or 'I agree' tab at the time of registering or using the services or otherwise provide your Personal information, You specifically consent to the terms of this Agreement.
This Agreement complies with, inter alia, Section 43A of the Information Technology Act, 2000; Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011; Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”). Collection, use and disclosure of Personal information Sensitive personal data or information under the SPI Rules requires your express consent. By agreeing to and accepting the terms of this Agreement, You provide your consent to such use, collection and disclosure as required under applicable law.
1. defintions
"Personal information" as under the SPI Rules means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
“Sensitive personal data or information” as under the SPI Rules means such personal information which consists of personal information of a person relating to: (i) password; (ii) financial information such as Bank account or credit card or debit card or other payment instrument details; (iii) physical, physiological and mental health condition; (iv) sexual orientation; (v) medical records and history; (vi) Biometric information; (vii) any detail relating to the above clauses as provided to body corporate for providing service; and (viii) any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.
2. REPRESENTATION AND WARRANTIES BY THE USER
By using DocMitra Website, its features and/or services, You represent and warrant that:
i. Your use of the website and its features shall comply with applicable laws and shall not violate any applicable law or regulation;
ii. All Personal information provided by You is and shall, at all times, be true and accurate in all respects;
iii. You will use the website solely for your personal and non-commercial use. Any use of this website, its content and/or its features other than for personal purposes is prohibited;
iv. You will not use the website, its features and/or services in any way that is unlawful or harms DocMitra or any other person or entity, as determined in DocMitra’s sole discretion; and
v. You will not infringe any intellectual property rights of DocMitra or any other person.
3. COLLECTION OF PERSONAL INFORMATION
When You use DocMitra Website, You may need to register on the website and provide DocMitra with your contact and identity information and other Personal information as indicated on the registration forms on the website. DocMitra uses reasonable endeavours to indicate the mandatory and optional fields on the registration forms. You may choose not to furnish Personal information and choose not to avail a particular service or feature. Further, when You access services provided by DocMitra, or through any interaction with DocMitra via emails, telephone calls or other correspondence, DocMitra may ask You to voluntarily provide it with certain Personal information.
You hereby consent to the collection of such information by DocMitra. Without prejudice to the generality of the above, the nature of Personal information and Sensitive personal data or information that DocMitra collects from the users includes (i) contact data (such as name, email address and phone number); demographic data (gender, age, date of birth, address and pin code); data regarding your usage of the services and history of the appointments made through the use of services; insurance data (insurance carrier and insurance plan); health and medical conditions related data such as, medical prescriptions, diseases, existing health conditions and related medicines and treatment; and other information that the user voluntarily provides (such as information shared by You through calls, emails, letters or other correspondence). DocMitra may also seek permissions to use camera, microphone, and phonebook/contact data, as and when required.
This information collected from You may constitute ‘personal information’ or ‘sensitive personal data or information’ under the SPI Rules. Personal information is collected to provide a customized, personalized and efficient experience to all our users. This includes providing services in accordance with your needs and requirements and in a convenient manner. DocMitra collects Personal information about You that is essential to achieve this purpose.
You agree that based on your behaviour on DocMitra Website and use of DocMitra services, DocMitra may track certain information about You. Such information may be used for the purposes of internal research on our users' demographics and health and medical history to be able to better understand and serve our users. This information does not constitute Personal information and may be stored in server logs. Such information will not assist DocMitra in your identification, and may include (i) your usage details, including time, duration and pattern of use, frequency, features used and the storage used; (ii) data stored in your user account on the website; (iii) Internet Protocol (“IP”) address, browser type, browser language, referring URL, files accessed, errors generated, time zone, operating system and other visitor details collected in our log files.
· IP Address: DocMitra may collect IP address from all visitors to the website. An IP address is a number assigned to your computer when You use the internet. DocMitra uses IP addresses to administer DocMitra Website, help diagnose problems with our server, analyse trends, track users' movement, gather broad demographic information for aggregate use so as to improve the services provided by DocMitra and the website and deliver relevant, meaningful, customized and personalized content.
· URL: Due to the communications standards on the internet, when a user visits DocMitra Website, DocMitra automatically receives the URL of the site from which such user visits. DocMitra also receives the IP address of each user’s computer (or the proxy server used to access the internet), user’s computer operating system and type of web browser, email patterns, name of user’s ISP. This information is used to analyse overall trends to help DocMitra improve and optimize its services. DocMitra may share and/or disclose some of the aggregate findings (not the specific data) that are anonymous with advertisers, sponsors, investors, strategic partners, and others to grow its business.
4. HOW INFROMATION IS COLLECTED
DocMitra collects your Personal information in the following ways:
i. When You register on DocMitra Website;
ii. When You provide your Personal information to DocMitra via calls, emails or other correspondence;
iii. When You use the features on DocMitra Website and/or when You use DocMitra services;
iv. When You access DocMitra Website and/or services;
v. By use of cookies.
Cookies: DocMitra uses data collection devices such as "cookies" (that are temporary) on certain pages of the website for the technical administration of the website, research and development, and for user administration, to help analyse the web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on the user’s hard drive that assist DocMitra in providing services to users. Certain features offered by DocMitra may only be available through the use of a "cookie". Cookies can also help us provide information that is relevant to You and meets your requirements. Cookies, however, do not store any Personal information of the user. You may adjust your internet browser to disable or decline cookies if your browser permits. If cookies are disabled You may still use the website, but your use may be restricted and You may not be able to use of some of the features on the website. Further, while providing advertisements or optimizing services to its users, DocMitra may allow authorized third parties to place or recognize a unique cookie on the user’s browser.
5. Purpose for which the information is collected and used
DocMitra may use your Personal information and/or Sensitive personal data or information to facilitate the services requested by You and all users. DocMitra may use your Personal information, Sensitive personal data or information and other information, for purposes, including but not limited to: (i) providing You the services, (ii) responding to your inquiries; (iii) commercial purposes and in an aggregated or non-personally identifiable form for research and statistical analysis, and business intelligence purposes on various aspects including user behaviour, user preferences et cetera; (iv) for sale/transfer of such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties; (v) for communication so as to provide services to You in a more efficient manner, including a better way of booking appointments and obtaining feedback in relation to the health practitioners and their practice; (vi) debugging and resolving customer support related issues, including technical issues; (vii) in the event of failure of a transaction being conducted by You; (viii) publishing such information on the website with your consent; (ix) contacting users for marketing and providing information on new offers, products or services and updates; (x) contacting users for feedback on the products and services; (xi) providing information targeted to your interests, such as, targeted banner advertisements, administrative notices, services offerings, and communications relevant to your use of the website; (xii) improving website content, design and utility; (xiii) analysing anonymous practice information for commercial use; (xiv) analysing website usage; (xv) customizing the website's content, layout, and services; (xvi) processing payment instructions through independent third-party service providers, such as, payment gateways, banking and financial institutions, pre-paid instrument and wallet providers for processing of payment transaction or deferral of payment facilities, et cetera.
DocMitra reserves the right to use anonymized user demographics and health information for the purposes of analysing software usage patterns for improving product design, quality and utility, analysing such information for research and development of new technologies, using such analysis in other commercial product offerings of DocMitra, and sharing such analysis of such information with third parties for commercial use. Information collected by DocMitra from its users (such as, patterns of utilization as described above) that does not personally identify the users as an individual, is exclusively owned by DocMitra.
These uses improve the website in order to better meet the users’ needs and requirements and in providing a customized, more efficient and safe experience to the users while using the website. If You have provided your Personal information to DocMitra for any of the above-mentioned purposes, You hereby consent to collection and use of such Personal information by DocMitra.
6. TRANSFER AND DISCLOSURE OF YOUR PERSONAL INFORMATION
To the extent necessary to provide users with the services, DocMitra may exchange, transfer, share, your Personal and non-personal information, with its employees, agents, third party service providers, partners, banks and financial institutions, on a need-to-know basis, for the purposes set forth in this Agreement and/or on the website, including to help DocMitra communicate with users, maintain the website or with independent third party service providers to process payment instructions, including providing a payment deferral facility to users in relation to the services.
DocMitra may also disclose or transfer users’ personal and other information to a third party as part of re-organization or a sale of the assets of DocMitra. Any third party to which DocMitra transfers or sells its assets to will have the right to continue to use the personal and other information provided by users in accordance with the terms of this Agreement and the terms of use of DocMitra Website.
Except for the above-mentioned disclosures, DocMitra does not share Personal information about You with third parties except to provide products or services under the terms of use of the website and/or this Agreement, or under the following circumstances: (i) to provide the Personal information to health care professionals for the purposes of providing treatment; (ii) if required to do so by applicable laws, regulations and rules, law enforcement agency, governmental official, legal authority; to respond to summons, court orders, or judicial or legal process, or in an investigation on matter related to public safety, or to establish or exercise our legal rights or defend against legal claims; (iii) to health department or any other government body, as and when required, for collecting or processing health information of the state/country; (iv) from time to time, to reveal general statistical information about our website and visitors, such as number of visitors, number and type of services purchased; (v) when DocMitra deems such disclosure as necessary to protect its rights or the rights of others; prevent harm to persons or property; fight fraud and credit risk; and/or or to enforce or apply the terms of use of the website.
7. PROTECTion of personalINFORMATION
Your Personal information is maintained by DocMitra in electronic form on its equipment, and on the equipment of its employees. It may also be converted to physical form, as and when required. DocMitra provides access to your Personal information to its employees, agents, third-party service providers, partners, and agencies, only on a need-to-know basis in relation to the purposes set forth in this Agreement and/or on the website. All DocMitra employees and third parties, who have access to and are involved in the processing of Personal information or Sensitive personal data or information are obliged to respect the confidentiality of the users’ Personal information or Sensitive personal data and information.
DocMitra has, in accordance with applicable laws and good industry practices, implemented practices and procedures to maintain security of all personal data, from collection until the destruction of such personal data. Any third-party data processor to which DocMitra transfers personal data or information is bound by these procedures and policies or must implement adequate measures on their own. Notwithstanding the above, DocMitra is not responsible for the confidentiality, security or distribution of your Personal information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, DocMitra has not liability for any breach of security or for any actions of any third parties or events that are beyond DocMitra’s reasonable control, including but not limited to, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of internet or telephone service of the user, et cetera.
8. Retention of personal information
DocMitra may retain all Personal information provided by You to achieve and for the fulfilment of any, and all purposes set forth in this Agreement and/or on the website. DocMitra may also keep records of electronic communications and telephone calls received and made for making appointments or other purposes for the purpose of administration of services, customer support, research and development and for optimizing and improving the services.
9. CORRECTING INACCURACIES OR UPDATING PERSONAL INFORMATION
If You need to make any changes and/or updates to your Personal information changes, or have any grievance with respect to the processing or use of your Personal information, for any reason, You may send updates and corrections to us at info@DocMitra.com and DocMitra will take all reasonable efforts to incorporate the changes within a reasonable period of time.
10. CHANGES TO THE TERMS OF THIS AGREEMENT
DocMitra may update this Agreement from time to time. Each time You visit the website and use services and/or features provided by DocMitra; You are required to accept the terms of this Agreement. You will be required to provide your consent to this Agreement before You proceed. If You do not agree to the amendments, please do not use DocMitra Website and/or services any further.
11. COMPLIANCE WITH LAWS
You are not allowed to use the website, or the services provided by DocMitra for any unlawful purposes or in violation of any applicable laws.
12. GRIEVANCE OFFICER
DocMitra has appointed a Grievance Officer to address any concerns or grievances that You may have regarding the processing of your Personal information. If You have any such grievances, please write to our Grievance Officer at info@DocMitra.com and our officer will attempt to resolve your issues in a timely manner.
13. LIMITATION OF LIABILITY
Notwithstanding anything to the contrary, under no circumstances will DocMitra be liable for indirect, special, consequential, incidental, exemplary, or punitive losses or damages, or for loss of revenue, business profits, interest or anticipated savings, loss of goodwill or reputation, loss of or damage to records or data, penalties or third party claims for loss or damage or other compensation, even if DocMitra has been advised of the likelihood of the occurrence of such damages or such damages are foreseeable, and regardless of the form of claim. The maximum aggregate liability of DocMitra shall, regardless of the form of claim, be limited to the total charges paid by You under this Agreement.
14. DisclaimerS
i. DocMitra will endeavour to take all reasonable steps to safeguard all Personal information provided by You and prevent any unauthorized access, You acknowledge that the internet is not fully secure and that DocMitra cannot provide any absolute assurance regarding the security of your Personal information. DocMitra will not, in any manner, be liable for any breach of security or unintended loss or disclosure of Personal information belonging to You.
ii. You acknowledge that this website is only for informational purposes. DocMitra and this website are not in the business of providing healthcare service or hospital services.
iii. DocMitra shall be free to use, collect and disclose information that is freely available in the public domain without your consent.
iv. DocMitra encourages You to independently verify any information available on the website, including information related to any healthcare professionals.
v. The website allows You to select and schedule appointments with healthcare professionals. DocMitra can provide You with lists and/or profile previews of healthcare professionals who may be suitable to deliver the healthcare services required by You based on information that You provide to DocMitra (such as area of specialty and geographical location).
vi. DocMitra does not recommend or endorse any healthcare professionals listed on the website and does not make any representations or warranties with respect to healthcare professionals or the quality of the healthcare services they may provide.
vii. DocMitra does not control or endorse the content, messages or information found in any services and, therefore, DocMitra specifically disclaims any liability with regard to the services and any actions resulting from your participation in any services, and You agree that you waive any claims against DocMitra to the extent such waiver may be ineffective, You agree to release DocMitra from any and all claims.
viii. You shall provide accurate information to us. If You provide any information that is untrue, inaccurate, out of date or incomplete (or later becomes untrue, inaccurate, out of date or incomplete), or DocMitra has reasonable grounds to suspect that the information provided by You is untrue, inaccurate, out of date or incomplete, DocMitra may, at its sole discretion, discontinue the provision of the services to You.
ix. This Agreement applies only to services that are owned and operated by DocMitra. DocMitra does not exercise any control over the sites displayed as search results or links from within its services. These other sites may place their own cookies or other files on the users’ computer, collect data or solicit Personal information from the users, for which DocMitra is not responsible or liable. DocMitra does not guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. If You decide to visit a third-party website linked to DocMitra Website, it shall be at your own risk.
x. The website may enable You or a user to communicate with other users or to post information to be accessed by others, whereupon other users may collect such data. Such users, including any moderators or administrators, are not authorized DocMitra representatives or agents, and they are not authorized to bind DocMitra to any contract. DocMitra hereby expressly disclaims any liability for any reliance or misuse of any information made available by users or visitors in such a manner.
15.Governing law and dispute resolution.
This Agreement shall be governed by and construed in accordance with the laws of India excluding its conflict of law principles. The competent courts in Jaipur shall have exclusive jurisdiction over all disputes arising from or relating to this Agreement. The Parties agree to attempt in good faith to settle any dispute, controversy or claim, whether based on contract, tort, statute or other legal or equitable theory arising out of or related to this Agreement (including any amendments or extensions thereto) (collectively, a “Claim”) by way of consultations among the Parties, which consultations shall be initiated upon written notice by either Party to the other.
16 - SERVICES AGREEMENT
DocMitra shall provide, on a non-exclusive basis, digital solutions to Client which include, inter alia, providing social media presence and visibility (through the creation, filming, use, broadcast and distribution of Videos and Posts conceived, created and developed by DocMitra), generation of patient leads, et cetera (“Services”).
For the purposes of creation of the Videos, DocMitra shall provide to Client and Client’s employees, the Script to be used in the creation of such Videos by DocMitra. Client’s employees shall perform the Script to be incorporated in the Videos and the Script thereby forms an integral part of the Videos. DocMitra shall film and record the Videos in a tangible medium and do all necessary actions required in the creation of Videos.
DocMitra shall, using commercially reasonable endeavours, broadcast the Posts and Videos conceived, created and developed by it, on social media platforms such as, DocMitra Website, YouTube, Facebook, Instagram, et cetera.
Client’s obligations and responsibilities
The client shall provide all information, data, and feedback required for DocMitra to provide the Services.
Client and Client’s employees shall, as required by DocMitra, assist in the provision of the Services, including the performance of the Script provided by DocMitra and recording of Videos created and developed by DocMitra.
B) Term
This Agreement shall be effective on the date of last signature and shall be valid until the provision of Services as described further and in accordance with the quote/proposal.
Renewal. This Agreement may be renewed for additional periods by mutual agreement of Parties.
C) Confidentiality
Each Party shall for the term of this Agreement and 5 years thereafter; safeguard all Confidential Information provided by the other Party, to the same extent that it safeguards its own Confidential Information. The receiving Party shall retain all Confidential Information in strictest confidence and only use Confidential Information in furtherance of its performance under this Agreement and on a need-to-know basis. The receiving Party shall not disclose the disclosing Party’s Confidential Information to anyone without the express written consent of disclosing Party except where such disclosure is required pursuant to an order or request of a governmental agency or court of competent jurisdiction.
The Parties acknowledge that disclosure of any Confidential Information by the receiving Party may give rise to irreparable injury to the disclosing Party or the owner of such information and, as a matter of law, such injury is inadequately compensable in damages. Accordingly, the disclosing Party or such other party may seek injunctive relief without bond against the breach or threatened breach of confidentiality, in addition to any other remedies which may be available.
Confidential Information excludes information that (i) was previously known without restriction; (ii) is received from a third party without restriction; (iii) is independently developed without use or access to the Confidential Information; or (iv) becomes publicly available through no fault of the receiving Party.
D) Intellectual Property Rights.
Each Party owns, and will continue to own all right, title and interest in and to any Intellectual Property Rights that it owned prior to this Agreement, or that it created or acquired independently of its obligations under this Agreement, and in any modifications or enhancements made thereto.
The Posts, Script and Videos are created, conceived and developed by DocMitra. DocMitra is responsible for all acts relating to the filming, recording, creation, development, broadcast and distribution of the Posts, Script and Videos. DocMitra shall utilize the Posts and Videos in providing social media presence and visibility to Client and generating leads therefrom. Hence, DocMitra owns and shall own and retain all rights, title and interest and Intellectual Property Rights in all Posts, Script and/or Videos conceptualized, created, conceived and/or developed during this Agreement.
To the extent that any rights referred to in section 7.2 do not vest with DocMitra automatically as per the terms above or through operation of law, Client and Client’s employees hereby irrevocably and in perpetuity assign to DocMitra all of right, title and interest (including without limitation any and all Intellectual Property Rights), that is now or may be available, in any and all Posts, Script and Videos created and/or developed pursuant to this Agreement. Client and Client’s employees shall do all acts, deeds and things including execution of necessary documents without charge or compensation for fully and effectively vesting in DocMitra the rights in any Intellectual Property Rights in and to the Posts, Script and Videos. Client and Client’s employees hereby waive any right to and agrees that they shall not raise any objection or claims under applicable law in respect of ownership of the Posts, Script and Videos.
Notwithstanding anything to the contrary, no license with respect to Intellectual Property Rights shall be deemed or implied to be granted by DocMitra to Client and/or Client’s employees in respect of the Posts, Script and/or Videos. Client and Client’s employees shall not, in any manner, perform, modify (including to create derivative works), copy, reproduce, distribute, transmit, sell, offer to sell and otherwise exploit any Posts, Script and/or Videos.
E) Restriction on use of posts, script and videos
The Posts, Script and Video may be used by Client and Client’s employees only for performance under this Agreement and not outside the engagement or independently.
DocMitra provides to Client, a right limited only to display of the Videos in its own premises and on its own social media platform (such as the Client’s website) solely for Fair Use Purposes.
Client and Client’s employees shall not, in any event, directly or indirectly or through any third party (including a competitor of DocMitra) use the Video(s) in a commercial manner; and further shall not transfer, assign, rent, sell or commercialize (in any other manner) the Posts, Script and/or Videos which Client has access hereunder, to any third party, including any competitor of DocMitra.
F) Warranties.
Either Party warrants that it has all necessary rights, authorizations, or licenses to enter into this Agreement.
Client represents and warrants that:
All information provided by Client (including information relating to Client’s employees such as, their educational qualifications, experience, rewards, recognitions and capabilities) is correct and true in all respects.
Client does not have and will not have any third-party commitment which conflicts with or interferes with any of its obligations under this Agreement.
Client and Client’s employees are made aware of the terms of this Agreement and do not have and shall not, have any interest, rights and claims in and to any Posts, Script and/or Videos.
Client’s employees shall be qualified and competent personnel and possess proper knowledge, skill, training and background and shall devote his full knowledge, skill and time to assisting in performance of the Services.
Client and Client’s employees shall comply with all applicable laws and regulations.
G) Indemnification and Limitation of Liability.
1) Client hereby agrees to indemnify, settle (at its sole expense), defend and hold DocMitra its officers, directors, employees, representatives, successors and agents, harmless from and against all pre-litigation allegations, claims (including all claims made by third parties), suits, demands, actions, and for all liabilities, settlements, losses, costs, fines, penalties, taxes, damages, or expenses (including attorney's and professional fees and other expenses) as incurred, that, in whole or in part, directly or indirectly, result or arise from (i) Client’s breach of any of its obligations hereunder; (ii) breach by Client of any representation or warranty (including the warranties set forth in section 9) or its confidentiality obligations under this Agreement; (iii) any use by Client and/or Client’s employees of the Post(s), Script(s), Video(s) conceived, created, or developed by DocMitra not in accordance with this Agreement, including breach of any restriction under section 8; (iv) violation of any Intellectual Property Rights in the Post(s), Script(s), Video(s) conceived, created, or developed by DocMitra to the extent such violation is due to any actions or omissions of Client and/or Client’s employees; (v) any claim that any actions or omissions of Client and/or Client’s employees infringes any Intellectual Property Rights of a third party; (vi) personal/bodily injury and damage to property caused by Client and/or Client’s employees; and (vii) violation of applicable laws by Client and/or Client’s employees.
2) Notwithstanding anything to the contrary, under no circumstances will either Party be liable for indirect, special, consequential, incidental, exemplary, or punitive losses or damages, or for loss of revenue, business profits, interest or anticipated savings, loss of goodwill or reputation, loss of or damage to records or data, penalties or third party claims for loss or damage or other compensation, even if such Party has been advised of the likelihood of the occurrence of such damages or such damages are foreseeable, and regardless of the form of claim.
3) The maximum aggregate liability of each Party shall, regardless of the form of claim, be limited to the total fees paid by Client under this Agreement.The limitation of liability stated in this section 10.3 shall not apply to (i) a Party’s liability arising under Section 6 (Confidentiality); (ii) breach by Client of any of its indemnification obligations under section 10.1; (iii) violation or infringement of any Intellectual Property Rights in the Posts, Script and Videos caused by Client, Client’s employees and/or any related third parties; (iv) violation or infringement of any Intellectual Property Rights of any third party caused by Client, Client’s employees and/or any related third parties of Client; (v) or for damages caused by a either Party’s wilful misconduct.
H) Termination and effects of termination.
Either Party may terminate this Agreement, with or without cause, upon thirty (30) days written notice to the other Party. Either Party may terminate this Agreement immediately if the other Party commits a material breach and fails to cure such breach within a period of thirty (30) days from the date of receipt of notice.
Effect of Termination. Either Party shall return all Confidential Information of the other Party and any other proprietary information of the other Party.
Survival of obligations. Sections 3, 5, 6, 7, 8, 9, 10, 11.2 and 12 of this Agreement, and any outstanding payment obligations will survive termination or expiration of this Agreement.
I) GENERAL
1) Use of logos and brand names. All trademarks, service marks, trade names, logos or other words or symbols identifying the products and services of either Party are, and, shall remain the exclusive property of such Party. Either Party shall not acquire any rights in the other Party’s Marks. Each Party shall use the other Party’s Marks solely for the purposes of this Agreement.
2) Governing law and jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of India excluding its conflict of law principles. The competent courts in Jaipur shall have exclusive jurisdiction over all disputes arising from or relating to this Agreement. The Parties agree to attempt in good faith to settle any dispute, controversy or claim, whether based on contract, tort, statute or other legal or equitable theory arising out of or related to this Agreement (including any amendments or extensions thereto) (collectively, a “Claim”) by way of consultations among the Parties, which consultations shall be initiated upon written notice by either Party to the other.
3) Assignment. Neither Party may assign this Agreement or any interest, right and/or obligation hereunder, either in whole or in part, whether by operation of law or otherwise, without the prior written consent of the other Party.
Relationship of Parties. Nothing contained in this Agreement shall be construed as creating a joint venture, partnership or employment relationship between the Parties hereto. Except as set forth in this Agreement, neither Party shall have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other Party.
Severability. If for any reason any provision of this Agreement is held to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.
The failure of seither Party to exercise any right or entitlement under this Agreement shall not be deemed to be a waiver of such right or entitlement in the future.
The Parties acknowledge and agree that they have mutually negotiated the terms and conditions of this Agreement and that any provision contained herein with respect to which an issue of interpretation or construction arises shall not be construed to the detriment of the drafter on the basis that such Party or its professional advisor was the drafter.
Amendments. No variation, modification or alteration of any of the terms of this Agreement shall be of any effect unless in writing signed on behalf of each of the Parties.
9) Entire Agreement. This Agreement contains the entire agreement between the Parties in respect of the subject matter hereof and shall supersede all prior understandings and agreements whether oral or in writing with respect thereto. Any modification in any form to the terms of this Agreement shall come into force only after it has been stated in writing and signed by both Parties.
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