Terms & Conditions of Use

The following terms and conditions constitute an agreement between you and Doctor On Call Private Limited (“DOC,” “we,” or “us”), the operator of https://doctoroncall.org/ (the “Site”). This agreement governs your use of the Site, both as an unregistered visitor and as a registered user. BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference. Please note that we offer the Site “AS IS” and without warranties. All information we collect on the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to the information, provided by you directly and indirectly, in compliance with the Privacy Policy.

The services offered and provided through this Website are in accordance with applicable laws, professional standards including but not limited to the Telemedicine Guidelines issued by the Board of Governors of the Medical Council of India dated 25.03.2020 and as amended from time to time.

This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with DOC and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

1.Medical Information

The information provided by DOC is for educational purposes only and not intended to be a substitute for professional medical advice, diagnosis, or treatment. You are advised to seek professional diagnosis and treatment for any medical condition. Do not disregard, avoid or delay obtaining medical advice from a healthcare professional because of something that you may have read on the Site.

Your use of information provided on the Site is at your own risk. Nothing stated or posted on the Site or available through any of the provided services are intended to be, and must not be taken to be, the Practice of Medicine or the Provision of Medical Care. You are strongly advised to discuss information obtained from this website with your healthcare provider before connecting with clinical trial contacts on our Site.

We do not endorse or recommend the engagement of any particular medical practitioner or service provider listed on this Website, and you shall engage with such medical practitioner or service provider at your own risk and volition.

2. Intellectual Property

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. You must not:

  1. Republish material from this website (including republication on another website);
  2. Sell, rent or sub-license material from the website;
  3. Show any material from the website in public;
  4. Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
  5. Edit or otherwise modify any material on the website; or
  6. Redistribute material from this website (except for content specifically and expressly made available for redistribution).
3. Restrictions of Use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You must not use our website for any purposes related to marketing without our express written consent.

4. Restriction of Access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. We may disable your user ID and password in our sole discretion without notice or explanation.

5. Limitation of Liability

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website, whether express or implied, and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND/OR THE WEBSITE WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS.

Our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

  1. To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
  2. We will not be liable for any consequential, indirect or special loss or damage;
  3. We will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
  4. We will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
  5. Our maximum liability in relation to any event or series of related events will be limited to INR 5,000.

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a company incorporated under the Companies Act, 1956 (and validly subsisting under the provisions of Companies Act, 2013) a limited liability entity, and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or the services provide therein/ hereunder or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

6. Indemnity

You hereby indemnify us, our licensors and service providers, and ours and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (“Indemnified Parties”) and undertake to keep the Indemnified Parties indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and other expenses or charges and any other amounts paid by the Indemnified Parties to a third party in settlement of a claim or dispute on the advice of the Indemnified Parties’ legal advisers) incurred or suffered by the Indemnified Parties arising out of any breach by you of any provision of these terms of use or your use of the Site, or arising out of any claim or judgment that you have breached any provision of these terms of use.

7. Breach of these Terms & Conditions

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

  1. send you one or more formal warnings;
  2. temporarily suspend your access to the website;
  3. permanently prohibit you from accessing the website;
  4. block computers using your IP address from accessing the website;
  5. contact your internet services provider and request that they block your access to the website;
  6. bring court proceedings against you for breach of contract or otherwise;
  7. suspend and/or delete your account with the website; and/or

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

8. Fees & Payments

The Website uses third party payment gateways appointed at its sole discretion to process the transactions made on the Website. We are not liable for any failed transactions. In the event of a failed transaction, the amount (if debited from a User account) will be refunded to the User’s account as per the corresponding payment gateway’s refund policy. Notwithstanding anything contained herein by using the services of such payment gateway you agree to be bound and governed by its terms and conditions of use and other applicable policies. It is further clarified that DOC shall not be liable for any loss caused to you in connection with the usage of such payment gateway.

9. Third Party Websites

Our Site includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

10. Logos, Marks, Designs etc.

DOC [doctoroncall.org] and our logo and designs are owned by us. We give no permission for the use of these logos, marks and designs, unless in express and in written permitted by us, and such use may constitute an infringement of our rights.

The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

11. Amendments to the Terms and Conditions

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version. Your continued use of the Site implies acceptance of any revised terms of use.

12. Assignment & Sub-Contracting

We may sub-contract, assign, delegate or otherwise transfer our rights, remedies and obligations under these terms of use without notifying you or obtaining your consent.

You may not sub-contract, assign, delegate or otherwise transfer your rights, remedies and obligations under these terms of use, without our express written consent.

13. Force Majeure

In the event of the occurrence of an event beyond the reasonable control and contemplation of the parties that prevents DOC to provide the services offered on this website or perform any such obligation under these Terms and Conditions, DOC shall not be held liable for any loss arising from such breach.

14. Waiver & Severability

If any and all provision(s) of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions and related terms will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Any temporary or one or other time waiver of any provision or term of the policy by us as set forth in these terms of use shall not be deemed a further or continuing waiver of such term or a waiver of any other term, and any failure by us to assert a right or provision under these terms of use shall not constitute a waiver of such right or provision.

15. Third Party Benefits

Except as otherwise set forth in these terms of use, these terms of use are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

16. Services offered are neither an Insurance nor a Health Insurance

Services offered by DOC are not covered under the ambit of Insurance or Health Insurance Business or policies.

“SERVICES OFFERED BY DOCTOR ON CALL PRIVATE LIMITED ARE NOT IN ANY WAY TYPE OF OR SUBSTITUTE OF INSURANCE OR HEALTH INSURANCE POLICIES. THE SERVICES PROVIDED TO THE DOC MEMBERS ARE THROUGH DOC IN HOUSE DOCTORS OR DOC EMPLOYEES OR THROUGH DOC HOSPITALS ONLY. DOC ALSO PROVIDES AN ACCESS TO DOC VIRTUAL HEALTH CARE SERVICES. THE BENEFITS (INCLUDING DISCOUNTED BENEFITS) PROVIDED TO THE DOC MEMBERS ARE NOT APPLICABLE FOR ANY INSURANCE CLAIM.”

17. Complete Agreement

These terms of use, together with our privacy policy, cookie policy, and other policies mentioned in these terms of use or anytime published on the website of the DOC, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements, understandings, representations and warranties (both oral and written) in respect of your use of this website.

18. Compliance with Law

These terms of use and the services provided by DOC are subject to and in compliance with the applicable laws of the Republic of India including but not limited to the Telemedicine Guidelines issued by the Board of Governors of the Medical Council of India dated 25.03.2020 and as amended from time to time.

The Website may be accessible worldwide, however, we make no representation that materials on the Website are appropriate or available for use in locations outside India or that the Website complies with the laws that are applicable in any jurisdiction that is outside India. Accessing the Website from territories where the content of the Website and/or the provision of the Services is deemed illegal is prohibited. Users accessing the Website from locations outside India do so at their own risk and are responsible for compliance with local laws that are applicable to them. Any offer for any Service, and/or information made in connection with the Platform is void where prohibited.

19. Governing Law and Jurisdiction

These Terms of Use are governed by the laws of the Republic of India and subject to the sole and exclusive jurisdiction of the courts of Gurugram, Haryana.