1. GENERAL In terms of Information Technology Act, 2000 and the telemedicine Practice Guidelines, this document is an electronic record. Being generated by a computer system it 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 of Use for access or usage of www.deardoc.biz on the Android/iOS or any other platform. (a) The domain name www.deardoc.biz (hereinafter referred to as “the Website”) is owned by Tender HealthTech LLP (hereinafter referred to as the “LLP”), a Limited Liability Partnership incorporated under the LLP Act 2008 having its registered office at office at. Tender Health Tech LLP, 8th Floor, Malhotra Chambers, Arvind Vithal Gandhi Chowk, B.S.D. Marg, Govandi, Mumbai – 400088 (b) For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer or user on the Website/Mobile Application and ordering the Goods and Services available on the Website/Mobile Application by providing Registration Data while registering on the Website/Mobile Application or using the services available on the website without registration. The site also providing its services without registration does not absolve you of this contractual relationship. The term "We", "Us", "Our" or “LLP” shall mean the Company. The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value. (c) The use of this Website/Mobile Application by You is solely governed by this policy and any policy so mentioned by terms of reference. Moving past home page, or using any of the services shall be taken to mean that you have read and agreed to be bound by all of the policies. You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. (d) We hold the sole right to modify the Terms of Service without prior permission from you or informing you. The relationship creates on you a duty to periodically check the terms and stay updated on its requirements. If you continue to use the website following such a change, this is deemed as consent by you to the so amended policies. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. ABOUT US We are trying to connect all the stakeholders in healthcare industry keeping consumers’ need at the centre. We want to digitize consumer health records and information and give them control to store, monitor & share this data as per their need and applicable laws. We are also enabling easy access to healthcare services which are required by the consumers including (but not limited to) pharmacy services, laboratory tests etc. Any order placed by the consumer is subject to service availability, and acceptance by us and our business partners.
2. MEMBERSHIP Use of this Website/Mobile Application is only available to those above the age of 18, barring those “Incompetent to Contract” which inter alia include insolvents, as described in the Indian Contract Act, 1872. If you are a minor and wish to use the Website, You may do so through your legal guardian and the Website reserves the right to terminate your account on knowledge of you being a minor and having registered on the Application or availing any of its services. LLP assumes no responsibility or liability for any misrepresentation of the User age.
3. COMMUNICATIONS You are required to provide us with your e-mail, login/password and other information like name, user ID, address, contact number, gender, age, health records, tests requirements, Billing Information including credit card, billing address and other payment information etc. while placing your order through this Website/Mobile Application. You shall ensure that the Information provided by You is true, complete, accurate and up-to-date. The Information specified above and collected by Us may be classified as ‘Personal Information’ or ‘Sensitive Information’ under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011. Collection of information which has been designated as ‘sensitive personal data or information’ under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules requires your express consent. By affirming your assent to Our Privacy Policy, you provide your consent to such collection, storage, process and use as required and permitted under applicable law. Our Services may be unavailable to you in the event such consent is not given.For Registered Medical Practitioners using the Website, we would collect your Name, Education, Specialization, Medical Registration details, address of practicing hospitals/clinics, Contact information, achievements, Device ID (IMEI), Location, etc.By using this Website/Mobile Application, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, from us at any time with the use of the telephone number that has been provided by you for the use of this website/Mobile Application whether these numbers are registered with National Do Not Call registry/ listed in National Customer Preference Register or not. This includes contacting you through information received through other parties. The use of this website/Mobile Application is also your consent to receive SMSs/Emails from us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. In case you wish to stop contact from us for the same, you may send us a mail to the effect at Support.deardoc@tenderhealth.in . You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made. The sharing of the information provided by you will be governed by our Privacy Policy and we will not give out such contact information of yours to third parties only as per our Privacy Policy.
4. WEBSITE/MOBILE APPLICATION AS AN INTERMEDIARY PLATFORM The Website/Mobile Application is a platform that Users utilize to meet and interact with one another for their transactions. We are not a party to such interaction and take no liability that arises from any such communication. a) All communication which inter alia include the contract, its terms, your obligations, the sellers (in this case, the Participating pharmacies, Laboratories etc.) obligations, prices, etc. are outcomes of the communication between the seller and you. This includes, without any limitation, the prices, shipping costs, payment details, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication. b) We do not endorse any of the medicines or drugs offered for sale through the website/Mobile Application nor place any guarantee as to its nature, efficacy, side effects, expiry dates price, quality, etc. c) We do not guarantee complete accuracy of the tests even though we ensure we partner only with accredited laboratories to conduct lab tests recommended by your physician or sought by you. d) Subject to the above sub-clauses, a contract exists between the You / Buyer and Seller and as such any breach of contract and thus, any claim arising from such breach is the subject matter of the Seller and the Buyer alone and we are in no way a party to such breach or involved in any suit arising from the same breach.
5. Telemedicine Services We provide resources which connects Users directly to the Registered Medical Practitioners in real time, via live video conferencing, telephone and/or secure messaging for the diagnosis and treatment of patients over the Internet, as well as providing other types of administrative services and information (“ Telemedicine Services”). All of the Registered Medical Practitioners are independent contractors and We itself provides no telemedicine services. The Registered Medical Practitioners are solely responsible for the Telemedicine Services.
6. CHARGES The membership of this website/Mobile Application is free of cost and this includes the browsing of the site/Mobile Application. However, charges shall be applicable on the services rendered by us through our site/Mobile Application, including without limitation the drugs/medicines, lab tests, digitization & storage of data etc being made available through the website/Mobile Application.
7. USER OBLIGATIONS You are a restricted user of this website/Mobile Application. a) You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website/Mobile Application. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/Mobile Application is not permitted. b) You agree not to access (or attempt to access) the Website/Mobile Application and/or the materials or Services by any means other than through the interface that is provided by the website/Mobile Application. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/Mobile Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/Mobile Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/Mobile Application is specifically banned. You acknowledge and agree any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We have no obligation, to monitor the materials posted on the Website/Mobile Application. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website/Mobile Application. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such Content shall not violate any applicable law or infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.
8. PAYMENT AND PRICE You understand that the contract is a bipartite contract between you and the Seller using the Payment Facility, and you shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility or in Cash as the agreement be between you and the Seller. We may enable these transactions through payment gateway or cash collection service and charge fees accordingly. Any extension / increase in the service dispatch and/or service delivery time shall not be the responsibility of the Website/Mobile Application.
9. CANCELLATION, RETURN AND REFUND POLICY a) You must notify us immediately if you decide to cancel your order, preferably by phone, and quote your order number. If your cancellation request is made at least 30 minutes before the end of the order is processed, no cancellation fee applies. Otherwise, if the required time frame limit is breached, we reserves the right to refuse cancellation, e if the order has started to be processed and to initiated execution of service, it may not be cancelled. We will not be able to refund any order, which has been already dispatched. b) We/Our Partners may cancel an order if the service is not been able to be served for any reason. We/Our Partners will notify you if this is the case and return any payment that you have made. c) If the cancellation was made in time and once we have accepted your cancellation, we will refund or re-credit your source of original payment withholding any processing and service fee within 14 days, which includes any additional charges (where applicable) which you paid for the service or the services, as applicable. d) In the unlikely event that we/our partners deliver a wrong service , you have the right to reject the and you shall be fully refunded (in case payment is already made)after assessing the deficiency of service for the missing service. If we can only do a partial delivery (a few items might be not available), our/partners’ staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order and get a refund (if payment already made).
10. THIRD PARTY INFORMATION All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), apart from the ones owned by Us, is a third party user generated content and We have no control over such third party user generated content. Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website/Mobile Application or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed. The content that you post will become our property and you grant us the worldwide, perpetual and transferable Rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with Applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works.
11. DATA PROVIDED BY US a) From time to time, our team may post comments or articles. These articles are the Intellectual Property of the Company and you are prohibited from posting, re-producing, publishing, changing, and editing such articles. In case that you have a problem with any article so posted, you may report the same via mail and we will look into it. We are under no obligation to remove such articles and the final decision lies with us. b) We take utmost care to ensure that data provided at our Website/Mobile Application is true and accurate. Sometimes, system errors creep in and data generated by other Users may be false. We are not responsible for any such data. c) We are not in any way liable to you, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, Intellectual Property and Trademark infringement, breach of laws, etc. d) From time to time, our Website/Mobile Application with have external links connected to other websites/Mobile Applications. We in no way endorse these websites/Mobile Applications. We are in no way liable for the information found on those websites/Mobile Applications. External websites/Mobile Applications may have their own policies and we in no way are responsible for any loss or damage cause by the same to you. You are advised to use your own discretion in the navigation and use of external sites.
12. DATA PROVIDED BY THE USERS As a part of our services of digitalizing the consumer health records and information, any data or information provided to us shall be stored and used in terms of our Privacy Policy and these Terms of Service. However not withstanding anything to the contrary, we hereby retain the sole right to remove or delete any such data or information at anytime as a part of our any business or commercial decision or in the event of any technological constraint. Any such action shall be subject to a prior notice of 7(seven) days to the owner of such data or information. It shall be the sole responsibility of the Users to make arrangements for any back-ups, if required, for any such data or information during this period of 7 (seven) days. We shall endeavour to provide all reasonable cooperation to the Users in this regard, without incurring any additional liability or obligations.
13. INDEMNIFICATION AND LIMITATION OF LIABILITY YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/MOBILE APPLICATION INCLUDING BUT NOT LIMITED TO ITS AFFILIATES, PROMOTERS, PARTICIPATING VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES,LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU / US PURSUANT TO THESE TERMS OF USE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE/MOBILE APPLICATION, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE/MOBILE APPLICATION, SERVICES OR MATERIALS. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
14. DISCLAIMER OF WARRANTIES AND LIABILITIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE/MOBILE APPLICATION IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING,LLP MAKES NO WARRANTY THAT (I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, OR IN A TIMELY MANNER; (II) ANY ERRORS OR DEFECTS IN THE WEBSITE/MOBILE APPLICATION, SERVICES OR OTHER MATERIALS WILL BE CORRECTED; (III) THE GOODS OFFERED THROUGH THE WEBSITE/MOBILE APPLICATION SHALL FIT THE IMAGES PROVIDED ON THE WEBSITE/MOBILE APPLICATION, SHALL MATCH THE DESCRIPTION ON THE WEBSITE OR BE FIT FOR CONSUMPTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. LLP ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
15. DISPUTE RESOLUTION The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Mumbai, and you hereby submit to the personal jurisdiction of such courts.
16. CONTACT US If you have any questions regarding the Agreement, the practices of LLP or any complaints with the service, you can e-mail us at support.deardoc@tenderhealth.in . 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 our Grievance Officer at:
Name:Head Operations,
Phone:+91 8097576565
Email:support.deardoc@tenderhealth.in