Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms and Conditions for access or usage of internet resource www.docapp.in (“website”) on world wide web which is used to access docapp web and app solution for Doctors and Patients.

www.docapp.in is a technological solution to improve patient engagements and appointments. It helps to improve overall patient satisfaction. It is designed as a cost-saving, simple to use and effective supplement to the normal workflow in any clinic or doctor's office, independent of the practice or specialty.

In the event that the User finds an error or omission on this site, user/member may inform the Website of such error or omission.The domain name www.docapp.in is owned and operated by IntelliViews Technologies having address at 303, B Tower, Senate Square, Opp. Yash Complex, Gotri Road, Vadodara - 390 021, Gujarat, India. Thiswebsite provides its services to the user (Doctor and Patients) and is subject to the following:

Terms and Conditions:

User is expected to provide true and correct information regarding his medical history, symptoms, illness, gender, age etc for Doctors qualifications, experience, medical specialization, contact details, proper clinic timing, consultation charges, address, location, video regarding User services. User, "The User", also comprehends and concurs that 'The Service' may include health and medical appointment, doctor scheduling patients history profiling, patients feedback, patients review and rating, reminder to appointers, billing, payment, and product-related information and other servicesand that these are necessary for www.docapp.in to provide 'The Service'. "The Service" is provided "as is" without warranty of any kind. www.docapp.in hereby disclaims all warranties and conditions with regard to "The Service".

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS

our website shall obtain User consent in writing before collecting Sensitive Personal Data and Informationfor providing Services (As The Information Technology (Reasonable Security Practices and Procedure and sensitive Personal Data or Information) Rules 2011. By clicking to "I agree” User will be bound by these Terms and Condition. Sensitive Personal Data and Information for the purposes of this Agreement means information that identifies User, such as User Name, Age, Address, Date of birth, Patient History, doctors qualifications, experience, medical specialization, contact details, proper clinic timing, consultation charges, address, location, Family background, Medical History, Password, Bank Account or Credit Card or Debit Card or other payment instrument details, Phone number, Fax number or email address etc. All or any Sensitive Personal Data and Information so provided will be on as is where is basis and the website shall not be responsible for the authenticity of the Sensitive Personal Data and Information provided by user. This Terms and conditions Agreement ("Agreement") sets forth the legally binding terms for User’s use of the website Services. If User does not agree with such modification User has the right to terminate User membership/Registrationwith our website.User agrees to be bound to any changes to this Agreement when the User usesour website services. It is therefore important that User review this Agreement regularly to be updated of any changes. "The Service" is provided to the User, "The User", under the terms and conditions and any amendments thereto and any operating rules or policies that may be published from time to time by us as part of the Terms and Conditions. By using Our website Services, User agrees to be bound by this Agreement, whether Useris a "Visitor" (which means that User simply browse ourwebsite or download or Useris a "Member" (which means that User have registered with www.docapp.in). The term "User" refers to a Visitor or a Member. Useris only authorized to use Our website Services if User agrees to abide by all applicable laws to this Agreement.By completing the registration process and clicking the "submit" button, User are agreeing to be bound by this www.docapp.in Terms and Conditions Agreement.

MODIFICATION TO TERMS AND CONDITIONS

Our website Services reserves the right to change any of the terms, conditions, and notices under which "The Service" are offered. User is responsible for regularly reviewing these Terms and Conditions including changes/modifications if any incorporated by us from time to time. User continued use of 'The Service' constitutes User Agreement to all such terms, conditions and notices.

MODIFICATION TO 'THE SERVICE'

www.docapp.in reserves the right to Terminate/modify or discontinue, temporarily or permanently, 'The Service' (or any part of 'The Service') with or without notice to the user at any time and from time to time. 'The User' agrees that www.docapp.in shall not be liable to the User or any third-party for any modification or discontinuance of the Service.

USE OF SITE

Subject to the terms and conditions of this Agreement, www.docapp.in hereby grants User a limited, revocable, non-transferable and non-exclusive license to access and use the website by displaying it on User internet browser only for the purpose of personal and professional use and appointment regarding medicinal and health related issues and not for any commercial use or use on behalf of any third party, except as explicitly permitted by www.docapp.in in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to User. Except as permitted in the paragraph above, User may not reproduce, distribute, display, sell, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by www.docapp.in in writing. User may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by www.docapp.in in advance. Our website reserves the right to refuse service, terminate accounts and doctor profile in its discretion, including, without limitation.User shall not upload, distribute, or otherwise publish through this Site any of the Content, information, or other material that –

  1. Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
  2. is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Indian law; or
  3. includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; or
  4. criminal or tortuous activity, including pornography, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; or
  5. using any information obtained from the www.docapp.in Site in order to harass, abuse, or harm another person;

Our website may assign User a password and account identification to enable User to access and use certain portions of this Site. Each time User use a password or identification, User will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and website has no obligation to investigate the authorization or source of any such access or use of the Site. User is solely responsible for protecting the security and confidentiality of the password and identification assigned to User.

USER WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO USER WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY USER, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

IT ACT, 2000 COMPLIANCE

Under Rule 3 of Rules made under IT Act, 2000 vide powers conferred by clause (zg) of subsection (2) of section 87 read with sub-section (2) of section 79 :
Users of computer resource not to host, display, upload, modify, publish, transmit, update or share any information that —

  1. belongs to another person and to which the user does not have any right to;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene,
  3. 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;
  4. Harm minors in any way;
  5. Infringes any patent, trademark, copyright or other proprietary rights;
  6. violates any law for the time being in force;
  7. 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;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. Threatens the unity, integrity, defense, 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.

REGISTRATION OBLIGATIONS

As a condition of User use of "The Service" User, 'The User' agree to provide:

  1. true, accurate, current and complete information about Userself as required by the Service's registration form (such data being the Registration Information).
  2. maintain and promptly update the Registration Information to keep it accurate, current and complete. If Userprovides any information that is untrue, inaccurate, not current or incomplete, Website has the right to terminate the user account and refuse any and all current or future use of 'The Service'.
  3. User will create, maintain and use only one Member account and password on the Website for User use. User will not create multiple Member accounts and passwords for User use on the Website.
  4. Website has the right to use / disclose the aggregate registration information to third parties in connection with marketing of services (through Advertisement). User have also consented Websitethe right to use User registration information to provide targeting of advertising and other service offers. Usage obligations as a condition of User use of "The Service" User will not use "The Service" for any illegal purposes. User will be solely responsible for the contents of transmissions made by User through "The Service". By becoming a Registered User, User consent to the inclusion of User personal data in our on-line database and authorize www.docapp.in to share such information with other user(s).

User agree not to use "The Service" to:

  1. Obstruct or hinder the use and enjoyment of "The Service" by other Users;
  2. Intentionally or unintentionally violate any applicable local, state, national, and international laws and regulations;
  3. Impersonate any person or entity, or falsely state or otherwise misrepresent User affiliation with a person or entity;
  4. Interfere with or disrupt the Service or servers or networks connected to the Service, or challenge any requirements, regulations or guidelines of networks connected to "The Service";
  5. Upload, post, email, transmit or otherwise make available any content that is unlawful, damaging, intimidating, hostile, offensive, harassing, defamatory, improper, obscene, vulgar, invasive of another's privacy, caste related, ethnically or otherwise objectionable;
  6. Upload, post, email, transmit or otherwise make available any content protected by any patent, trademark, copyright or other intellectual proprietary laws unless User own or control the rights thereto or have received all necessary consents to do the same;
  7. Upload files that contain viruses, worms, corrupted files or any other similar software or programs designed to disrupt, damage or limit the operation of any computer or telecommunications equipment or property of another;
  8. upload, post or otherwise transmit any Content that User do not have a right to transmit under any law or under contractual or fiduciary relationships;

www.docapp.in has no obligation to observe and monitor the Service. However, www.docapp.in reserves the right to review Services. www.docapp.in are free to check data of any account to avoid any legal issue like data theft, child abuse, blackmailing, pornography, gambling etc or any issue which is criminal or which does not comply to general law and natural justice., www.docapp.in reserves the right at all times to reveal any information as it considers necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to deliver any product or other services, in whole or in part.

USER ACCOUNT, PASSWORD AND SECURITY

As part of The Service's registration process User will provide us with current, complete and accurate information as requested by the registration form. User will then choose a user name and password. User takes total responsibility for maintaining the confidentiality of User password and account. User may change User password by following the instructions on the system. User agrees not to use the account or password of another Member at any time or to disclose User password to any third party.

User is also entirely responsible for any and all activities that occur under User account. User agrees to notify www.docapp.in immediately of any unlawful / unauthorized use of

User account or any other security violation. User agrees to ensure that User exit from User account at the end of each session. User understand that www.docapp.in will not be liable for any loss or damage in any form incurred as a result of unauthorized usage of User account, with or without User knowledge. However, User could be held liable for losses or damages incurred by www.docapp.in or a third party as a result of User failure to comply with this clause. User also agrees not to use anyone else's account, at any time, without the prior permission of the account holder.

DATA PROTECTION

www.docapp.in is not responsible for any corruption, misguiding or missing of submitted data from User regarding credit card, debit card or any other e-payment detail, e wallet etc. Sensitive Personal Data and Informationsupplied by user(s) during the use of web site is governed by our privacy policy. Please click below to know about our privacy policy. Registration Information and certain other information about Userare subject to our Privacy Policy.

PRIVACY POLICY

Use of the www.docapp.in Services is also governed by Our Privacy Policy, which is incorporated into this Agreement by this reference.

WWW.DOCAPP.IN DISCLAIMER

Registration Information and certain other information about Userare subject to our Disclaimer. For more information, see our Disclaimersome jurisdictions do not allow the exclusion of certain warranties, so someof the above exclusions may not apply to User.

LIMITATION OF LIABILITY

The features and services on the website are provided on an "as is" and "as available" basis, and website hereby expressly disclaims any and all warranties, express or implied. All such warranties, representations, conditions, undertakings and terms are hereby excluded. www.docapp.in makes no representations or warranties about the validity, accuracy, correctness, reliability, quality and stability, completeness of any service available on or through the website.

Our website is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, delay in delivery of ordered product, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the www.docapp.in Services or combination thereof.

Our website is not responsible for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorized access to, or alteration of any content User uploadedon our website service.

Our website will not be responsible for any incorrect or inaccurate content uploaded on the websites or in connection with the website services, whether caused by users of the website services or by any of the equipment or programming associated with or utilized in the www.docapp.in services.

Our website makes no representations whatsoever about any other website which User may access through this one or which may link to this Site. When User access other than our website, please understand that it is independent from our website, and that we has no control over the content on that website. In addition, a link to our website does not mean that our website endorses or accepts any responsibility for the content, or the use, of such website.

All conditions, terms, representations and warranties relating to our Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under Indian laws.

Our total aggregate liability to User for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the www.docapp.in Services shall be limited to the charges paid by User in respect of the services which are the subject of any such claim.

www.docapp.inshall not be liable or responsible to verify the authenticity of the location,patient case history, debit card, credit card, bank account details etc and shall be in no way responsible for any loss/damages caused to the Users/Members. www.docapp.inonly provides a platform/medium for communication between the Doctor/s and User. www.docapp.inis not responsible for any incorrect or inaccurate consultation, clinical diagnosis, treatment, prescription, description, etc. In any event no claim shall be brought unless User has notified us of the claim within one year of it arising.

Under no circumstances shall website be held liable for an delay or failure or disruption of the content or services delivered through the website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

Website shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:

COPYRIGHT POLICY

It is the policy of www.docapp.in to terminate Membership privileges of any Member who once infringes the copyright rights of others upon receipt of prompt notification to www.docapp.in by the copyright owner or the copyright owner's legal agent/Advisor. Without limiting the foregoing, if User believe that User work has been copied and posted on the www.docapp.in Services in a way that constitutes copyright infringement.

PAYMENT

while availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to User due to:

  1. Lack of authorization for any transaction/s, or
  2. Exceeding the preset limit mutually agreed by User and between User "Bank/s", or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason/s.

All payments made against the services of Website by User shall be compulsorily in Indian Rupees acceptable in India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

INDEMNITY

User "The User" comprehend and agree to indemnify and hold www.docapp.in and its Doctors, Assistance Doctors and patients, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of User use of the Service, User connection to the Service, User violation of the www.docapp.in Agreement or any other provision of the Agreement, or the infringement or misappropriation by the User, or a third party using User's computer, account or password to access and/or use the services, of any Intellectual Property Rights of any person or entity, or the use or misuse by the User or third parties of User's passwords or accounts, or User violation of any rights of another.

TERMINATION

This Agreement shall remain in full force and effect while the User usesour websiteServices. Even after Membership is terminated, this Agreement will remain in effect. However, Our websitereserves the right to terminate access to certain areas or features of the website (to paying or registered users) at any time for any reason, with or without notice. Our Website also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of website and/or other visitors to the website. Websitereserves the right to limit, deny or create different access to the website and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.

ASSOCIATION / LINKS TO THIRD PARTY

www.docapp.in may contain links to third party Websites "Linked Sites" ("Affiliates" / "Partner Sites"). These Linked Sites are not under the control of our website and we arenot responsible for the products or services of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Our website is not responsible for web casting or any other form of transmission neither received from any Linked Site nor is responsible if the Linked Site is not working appropriately. Our website is providing these links and partnerships to User, for User convenience, and the inclusion of any link does not imply endorsement by the site. User is responsible for viewing and abiding by the privacy statements and Terms and Conditions posted at the Linked Sites.

NOTICE

All notices or demands to or upon website shall be effective if in writing and shall be duly made when sent to address below:-

IntelliViews Technologies

303, B Tower, Senate Square
Opp. Yash Complex, Gotri Road
Vadodara - 390 021
Gujarat, India.

All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) to www.docapp.in, or by posting such notice or demand on an area of the website that is publicly accessible without a charge. Notice to a User(s) shall be deemed to be received by such User(s) if and when web site is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon web site's posting such notice on an area of the web site that is publicly accessible without charge.

Grievance officer

In accordance with Information Technology Act 2000 and The Information Technology (Intermediaries Guidelines) Rules, 2011 made there under, the name and contact detail of the Grievance Officer is provided below:

Mr.Chirag Ahmedabadi
Phone:- 91-265-2371720
Mon-Fri: - 11 AM to 5 PM

IntelliViews Technologies

303, B Tower, Senate Square
Opp. Yash Complex, Gotri Road
Vadodara - 390 021
Gujarat, India.

GOVERNING LAW AND DISPUTE RESOLUTIONS

This Agreement shall be governed by and construed in accordance with Indian Law and User hereby submits to the exclusive jurisdiction of the Vadodara/Ahmadabad Courts.

NON-WAIVER

Any forbearance or failure by us to enforce a provision to which User are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.

ASSIGNMENT

No right may be assigned, and no duty may be delegated, by either party under this Agreement except upon the written consent of the other party and any attempted assignment and delegation without such consent shall be void and without effect. Notwithstanding the foregoing, however, www.docapp.in shall be entitled to assign this agreement, and all rights and obligations hereunder, to a successor to all or substantially all of its assets, whether by sale, merger or otherwise. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.

NO AGENCY

Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, nor will neither party be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.

SEVERABILITY

If any provision(s) of the Agreement is/are held by a court of competent jurisdiction to be contrary to law, or otherwise invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

STATUTE OF LIMITATIONS

User and www.docapp.in agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

If User does not agree to any of our Terms and Conditions mentioned above please do not read the material on any of our pages or do not accept our services.

ENTIRE AGREEMENT

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between Us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between Us in relation to such matters. No oral explanation or oral information given by any User shall alter the interpretation of these terms and conditions. In agreeing to this Agreement, User confirm that User have not relied on any representation other than those expressly stated in this Agreement and User agree that User shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

DATE LAST MODIFIED

These Terms and Conditions were last modified February4th, 2015.