Docon Terms and Conditions for Users
Terms of Service
This document (“Terms”) is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes, as amended from time to time 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 and Digital Media Ethics Code) Rules, 2021 that requires publishing of the rules and regulations, privacy policy and Terms for access or usage of www.docon..in website and its mobile applications.
1. General
Docon an internet-based portal and mobile application, (hereinafter together be referred to as “Website") is run, operated, owned and maintained by Docon Technologies Private Limited hereinafter to be referred as “Company” or “We” or “Our” or “Us”), a company duly incorporated under the provisions of the Companies Act, 2013, having its registered address at 4th Floor, Prestige Blue Chip Software Park, Block 1, Hosur Road, Madiwala Range, Dairy Colony, Adugodi, Bengaluru- 560029, Karnataka, India.
For the purpose of these Terms, wherever the context so requires "You", “Your” or “Registered Medical Practitioner” or "User" shall mean any natural or legal person who accesses, uses or subscribes to our Website, agrees to avail or offers to avail any of the services. We may amend this Agreement at any time by posting a revised version on our website or app. The revised version will be effective from the time we post it. This is an important document which You must consider carefully when choosing to use the Docon services.
Use of the Website is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made time to time by Company at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a service(s). “Third Party” shall mean and refer to any individual(s), company or entity apart from the Registered Medical Practitioner and Docon.
2. Heading
Headings for each section are only for the purpose of organizing the provisions in a proper manner and shall not be used to interpret the provisions contained with them in any manner.
3. Services
The Website is a platform which acts as a tool for the Registered Medical Practitioner to enhance their practice and support their patients' (“Patient/s”) needs. You agree and acknowledge that the App is a tool by which the Registered Medical Practitioner can a. Store and manage Patient records in electronic format and access, update, and maintain comprehensive patient histories b.create and issue electronic prescriptions (“Prescriptions”). These Prescriptions are available on the Website and can be accessed by Registered Medical Practitioners and Patients for reference and use at any time c. organize, schedule, and manage Patient consultations effectively, including appointment tracking and follow up reminders. We are not responsible for any interaction regarding, inter alia, seeking of medical advisory services, exchanging of Patient information, charts or in any manner be involved in the Patient consultation and treatment process. The Company shall, in no event, be directly or vicariously liable to any liability arising from such communication/consultation between You and the Patient. The Company is not party to any Registered Medical Practitioner-Patient interaction. The Company does not control or endorse the content, messages or information in any consultation between the Registered Medical Practitioner and Patients and therefore, Company specifically disclaims any liability or responsibility whatsoever with regard to such consultation.The Company reserves the right to change or modify these Terms or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications, provided however that, We will inform You of such changes within such timelines as may be specified under the applicable laws. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms and applicable policies to understand the terms and conditions that apply to Your use of the Website.By (i) using this Website or any facility or service provided by this Website in any way; or (ii) merely by browsing the Website, You agree that You have read, understood and agreed to be bound, including without limitation, by these Terms, the Website’s Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions, for the purposes of accessing, browsing or transacting on the Website, or availing any of the services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms.Our Website is operated, and services are provided in compliance with the laws in India and Company shall not be liable to provide any services opted by You in locations outside India. If you access our services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws.
4. Eligibility of Use
The Website and its services are exclusively available to Registered Medical Practitioners holding a valid license to practice medicine under the laws of India. By registering on the Website, you confirm and warrant that you are a duly licensed medical professional in India in accordance with the applicable laws and regulations.The Website and services shall also not be used by any Registered Medical Practitioner whose licenses to practice medicine have been revoked or permanently canceled. Registered Medical Practitioners whose licenses are temporarily suspended must refrain from accessing or using the Platform during the suspension period.Company reserves the right to terminate your membership and / or refuse to provide You with access to the Website if it is brought to Company’s notice or if it is discovered that You do not possess a valid license to practice medicine under the laws of India.Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872 including without limitation, minors, un-discharged insolvents etc. are not eligible to use the Website. The services shall also not be available to any Registered Medical Practitioner suspended or removed from the Company’s system for any reason whatsoever. If You do not conform to the above qualification, You will not be permitted to put a requisition for the services through the Website. By accessing and using this Website, You represent that You are of legal age to form a binding contract and are not a person barred from entering into a contract under the laws as applicable in India. Company reserves the right to refuse access to use the services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so and You shall have no right to object to the same.
You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
5. User Account, Password And Security
Company shall enable You to make the requisition of services available to You through the App, only if You have provided Company certain required Registered Medical Practitioner information, including without limitation, name; Registered Medical Practitioner ID; email address; address; gender; age; phone number; password; license number; and other details and created an account ("Account") through Company ID and password or other log-in ID and password, which can include a gmail ID, yahoo ID or any other valid email ID (collectively, the "Account Information"). The transaction and delivery of the services by the registered merchants/vendors may also be subject to procedures for use of the Website, Terms, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that service. The Website requires You to register as a User by creating an Account in order to avail the services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account.You agree to (a) immediately notify Company of any unauthorized use of Your Account or Account Information or any other breach of security, non-compliance applicable laws, rules, regulations and guidelines as may be notified from time to time and (b) ensure that You exit / log out from Your Account at the end of each session. Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this Paragraph 5. You may be held liable for losses incurred by Company or any other User of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise. The Website also allows / shall allow restricted access to the Website for unregistered Users. You shall ensure that the Account Information provided by You in the Website's registration form is true, complete, accurate and up to date. Use of another User's Account Information for availing the services offered by Company is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website by You. You confirm that you are the authorised holder of the credit card, any payment instrument, or the original Account holder used in the transactions he/she makes using the Website. Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit card number/Account details for using the Website. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Company for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Company may allow authorized third parties to place or recognize a unique cookie on the Your browser. Company does not store personally identifiable information in the cookies.
6. Registered Medical Practitioner Obligations
a. Subject to compliance with these Terms, Company grants You a personal, non-exclusive, non-transferable, limited privilege to access and use this Website and the services provided herein.
b. You agree and acknowledge that You have all relevant educational and professional qualifications, approvals, registrations and certifications that are required to be engaged in the practice of medicine in India, and those that enable You to provide the services as envisaged under this Agreement. You further agree and acknowledge that You have Your name entered in the National Medical Register and further, that all such registrations that are necessary to practice medicine in India are in full force and effect at all times.
c. You agree and acknowledge that You shall abide by the prescribed guidelines, rules or regulations including but not limited to Indian Medical Council Act, 1956, Drugs and Cosmetics Act, 1940 and rules made thereunder, Guidelines issued by the National Medical Commission (NMC), including the Telemedicine Practice Guidelines, 2020, where applicable, Clinical Establishments (Registration and Regulation) Act, 2010 (if applicable)
d. You agree not to access (or attempt to access) the Website and the materials or services by any means other than through the interface that is provided by the Company. You shall not use any automated means such as data scraper, deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access the Website, the Information, or services for any purpose. You shall not use any automated device to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, 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.
e. If the Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to host, display, upload, modify, publish, transmit, store, update or share any information or user submissions which: i. belongs to another person and to which the user does not have any right; ii is pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force or is objectionable; iii. is harmful to child;iv infringes patent, trademark, copyright or other proprietary or intellectual property rights; v. violates any law for the time being in force; vi. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; vii. 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 cognisable offence or prevents investigation of any offence or is insulting other nation;viii. Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or ix. Threatens public health or safety; x. Defame, abuse, harass, threaten or otherwise violate the legal rights of others; and xi. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; xii. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword.
f. You hereby undertake to not upload files that i. contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents; ii. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer; iii. Engage in any activity that interferes with or disrupts access to the Website or the services (or the servers and networks which are connected to the Website); iv. Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Company server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means; vi. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Company, including any Company Account not owned by You, to its source, or exploit the Website or service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website; vii. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites; viii. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Paragraph; ix Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website; x. Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or other third parties; xi Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
g. You may not access our networks, computers, or the information and services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any information or services, other accounts, computer systems, or networks connected with the App, the information, or services. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Company profile/ account. Any attempt by any individual or entity to solicit login information of any other Registered Medical Practitioner or medical expert or to access any such account is an express and direct violation of these Terms and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
7. Patient Consent
a. Whenever You create a record on the Website containing personal information of Patients including but not limited to their phone number, prescriptions and medical/healthcare records ("Data"), the Company shall deem that You have the consent of the Patient. You understand and acknowledge that sharing Data with third parties is subject to applicable legal and ethical standards, including obtaining explicit consent from the patients. Accordingly, You shall inform Patients about the third parties with whom their Data may be shared and shall obtain explicit, informed consent from each Patient for sharing the Data with the Company, Axelia Solutions Private Limited or Threpsi Solutions Private Limited (“PharmEasy”), whether directly or indirectly.
b. You undertake to maintain proper records of the consents obtained from Patients and provide such records upon request by the Company. You acknowledge that compliance with this undertaking is essential and that any violation may result in suspension or termination of my access to the Website.
c. You agree that You are solely responsible to Company and to any third party for any breach of Your obligations under the Terms and for the consequences (including without limitation, any loss or damage which company or its affiliates or its vendors may suffer) for any such breach.
d. Company always reserves the right to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion.
e. Company reserves the right to process the erasure or deletion of the Patient’s Data from the Website database, without notifying You or any third-party, upon receiving the Patient’s request to erase or delete such Data from the Website database. Once the Patients request is processed, such deletion shall be final, and the Company disclaims all responsibility for providing You or the Patient any deleted Information or part of such Information in the future. Further, the Company shall not be liable for Your failure to maintain a separate record of such Information as mandated by applicable laws.
8. Restriction on use
a. To avail the services of the Website, You must download the App from the digital distribution platform or use the URL www.docon.com and verify your phone number. Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are for any reason, unable to provide ‘Consent’ as per the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, You are not eligible to register for, use or avail the services available on the Application.
b. Without limiting any other provisions of these Terms, You may not use this App for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this App may be terminated immediately, in our sole discretion, with or without notice, if You fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason.
9. Notice and Takedown
If You believe that any Content on the Website is defamatory, obscene, pornographic, paedophilic, illegal, offensive, sexually explicit, promotes bigotry, hatred or physical harm, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling; or is otherwise injurious to third parties; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of any nation or its or friendly relations with foreign States; or which consists of or contains software viruses or violates any of the Terms, please notify Us immediately at hello@docon.co.in As soon as you inform Us, We will make all reasonable endeavours to remove such objectionable content complained about within a reasonable time.
10. Use of Materials
Except as expressly indicated to the contrary in any applicable Additional Terms, Company hereby grants You a personal, non-exclusive, freely revocable (upon notice from Company), non-transferable access to view, download and print any materials available on the Website, subject to the following condition:
a. You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms; You may not modify or alter any materials available on the Website;
b. You may not distribute or sell, rent, lease, license or otherwise make any materials available on the Website available to others; and
c. You may not remove any text, copyright or other proprietary notices contained in the materials available on the Website.
The limited rights granted to You in the materials as specified above do not confer upon You any rights to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The materials available on the Website shall not be copied or retransmitted unless expressly permitted by Company. Any software that is available on the Website is the property of Company or third parties. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms or by the express written permission of Company.
Any purchase of the services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that services purchased by the User will not be sold, resold, bartered or in any way be used for any commercial purposes or for profit. The User hereby acknowledges that the services purchased are not transferrable to any third party for profit.
11. Usage Conduct
You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use and transact on the Website. You are also under an obligation to use this Website for reasonable and lawful purposes only, and You shall not indulge in any activity that is not envisaged through the Website. You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and You shall not re-sell the same to any other person.
12. Physical Properties
The Company reserves the right to provide hardware(s) devices including without limitations iPad, printer, internet dongle, android tablet (“Device”) to the Registered Medical Practitioner during the term of the engagement between the Registered Medical Practitioner and the Company for trial period and/or on lease-basis. During such period, the Company or its third parties shall be the owner of such Device. The Device shall be provided to the Registered Medical Practitioner for the use of the Application only.
The Registered Medical Practitioner shall be responsible for the Device during the possession of the Device. The Registered Medical Practitioner agrees to take utmost care of the Device. The Registered Medical Practitioner bears the risk of loss, theft, damage or destruction ("Casualty Loss") of the Device in whole or in part from any reason whatsoever. No Casualty Loss to the device shall relieve the Registered Medical Practitioner from any other obligations under the agreement or any other terms of the Company. In the event of Casualty Loss to the Device, the Registered Medical Practitioner shall immediately notify the Company and compensate the Company of such losses. In no manner shall the Company be liable for such losses, the Registered Medical Practitioner shall be responsible and liable for the same.
Return of the Device- The Registered Medical Practitioner shall return the Device upon expiry or earlier termination of the agreement between the Company and the Registered Medical Practitioner. In the event the Registered Medical Practitioner defaults in returning the Device, the Registered Medical Practitioner shall make good the losses so suffered by the Company as a result of his acts/omissions.
13. Intellectual Property Rights
The Website, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Company or their third party partners or respective third parties. You are not permitted to use the Marks without the prior consent of Company and/or the relevant third parties that may own the Marks. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights in and to the trademark “Docon”, domain name and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Company or third party owner of such Content.
14. Confidential Information
a. During the course of your engagement with the Company and its representatives, including its affiliates, directors, employees and professional advisors, You may gain access to proprietary Confidential Information of the Company, including but not limited to the Company’s business, technical information, projections, accounts, finances or other non-public information regarding features, functionality, customer data (“Confidential Information”). You agree that all Confidential Information will be held in confidence by You and You shall not disclose such Confidential Information to any third party or use it except to the extent reasonably required to fulfill your obligations under this engagement with the Company or to comply with statutory obligations. The obligations of confidentiality will survive the termination of your engagement with the Company.
b. You acknowledge that a disclosure of the Confidential Information to any third parties may have an adverse effect and implications regarding the future strategies, plans, business activities, methods, processes, financial position of the Comapny. Accordingly, You shall not use the Confidential Information in a manner that may jeopardize or adversely affect in any manner such future strategies, plans, business activities, methods, processes, information, and/or competitive and strategic advantage of the Company.
15. Advertisements
As part of the services provided by Us; We may facilitate and allow third party advertisers (“Third Party Advertisers”) to place advertisements on the Website.
For Users: The Website clearly distinguishes between the editorial content and content that is created or provided by one of Our Third Party Advertisers. This content will not be reviewed by Our in-house editorial staff and shall not be subject to Our editorial policy (as set out herein below) but shall be subject to applicable laws, these Terms (except the editorial policy) and the Privacy Policy.
For Third Party Advertisers: The Third Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectations and must not be misleading or offending; must be responsible and of the highest standards and without compromising consumer protection.
General Rules: The Company may, at any time and without having to serve any prior notice to the Third Party Advertisers, (i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit, and (ii) change the content of the Advertising Policy and/ or these Terms and/ or the Privacy Policy. It is the responsibility of the Third Party Advertisers, in such cases, to review the terms of the Advertising Policy and/ or these Terms and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are posted. We may also alter or remove any content from the Website without notice and without liability. The Third Party Advertisers are also responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Third Party Advertiser(s) are based out of, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous. We are not responsible for any liability arising from an advertisement by a Third Party Advertiser.
The Company reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, the Company also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.
The services can be packaged by Company through different models such as, (a) free of charge which may include advertisements or commercials or (b) via subscription through payment of a subscription fee or (c) with a combination of the foregoing on the App.
Any information about You, including but not limited to Your name, photographs, qualifications, experience and specialties, that may be provided on the App, is for information purposes only and such information shall not be deemed to amount to an advertisement of You, and/ or the services provided by You.
16. Editorial Policy
As part of the services provided by Us, the Website provides editorial content targeted at the public for informational purposes only and such editorial content does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Users are requested to carefully read the Editorial Policy.
17. 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 Company 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, Company makes no warranty that (i) the Website or the services will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable; (iii) the quality of the Website, services or other materials will meet your expectations; or that (iv) any errors or defects in the Website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from Company or through or from use of the services shall create any warranty not expressly stated in the Terms.
Company, in no event, shall be liable for any loss or damage You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the App or any services or materials, either with or without Your knowledge.
To the maximum extent permitted by applicable law, Company will have no liability related to Registered Medical Practitioner Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any Registered Medical Practitioner Content. Company has endeavoured to ensure that all the information on the Website is correct, but Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Company shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Company's control. The Registered Medical Practitioner understands and agrees that any material or data downloaded or otherwise obtained through the Website, is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Company is not responsible for any typographical error leading to an invalid coupon. Company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
Company shall not be liable for any third-party product or services. The advertisements available on e-mail or Website with respect to the third-party website are for information purpose only. You expressly agree that Your use of the Website is at Your risk.
You acknowledge and agree that by accessing or using the App or services, You may be exposed to content from other Registered Medical Practitioner that You may consider offensive, indecent or otherwise objectionable. Company disclaims all liabilities arising in relation to such offensive content on the App.
18. Indemnification And Limitation Of Liability
You agree to indemnify, defend and hold harmless Company including but not limited to its affiliates, vendors, representatives, directors, 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 Company 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 pursuant to these Terms. Further, You agree to hold Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights. Notwithstanding anything to contrary, Company's entire liability to You under this Terms or otherwise shall be to the extent of the money charged by the Company for the services, under which the unlikely liability arises. In no event shall Company, its officers, directors, employees, partners, Customers or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including 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, services or materials. Company is not responsible for any non-performance or breach of any contract entered into between Users and third party. Company cannot and does not guarantee that the concerned Users and/or third party will perform any transactions that are entered into on the Website. Company shall not and is not required to mediate or resolve any dispute or disagreement between Users and third party. Company does not, at any point of time during any transaction between Users and third party on the Website come into or take possession of any of the services offered nor does it at any point gain title to or have any rights or claims over the services offered by the Registered Medical Practitioners.
At no time shall, Company hold any liability over the consultation services provided by You to the Customers. Company is not responsible for any unsatisfactory or delayed performance of consultation services. You agree to indemnify, defend and hold harmless the Company including but not limited to its affiliates, vendors, agents, Customers 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 Company that arise out of, result from, or may be payable by virtue of the consultation services provided by You to the Customers. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law. Notwithstanding anything contained herein, in the event of violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which mandatory damages would be inadequate, the Company may obtain injunctive relief.
19. Violation of Terms
You agree that Company may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website, if Company determines that You have violated these Terms or Additional Terms. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and You consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity. You agree that Company may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or unexpected technical issues or problems. If Company does take any legal action against You as a result of Your violation of these Terms, Company will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Company.
20. Termination
The Terms will continue to apply until terminated by either You or Company as set forth below. If You want to terminate Your agreement with Company, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the services that You use, where Company has made this option available to You.
Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:
a. You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
b. Company is required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful);
c. You breach any provisions of the National Medical Commission Act, 2019, rules, regulations and guidelines framed/ recognized thereunder, the TP Guidelines or any other rules, regulations, guidelines, healthcare practice and ethics standards under applicable law.
d. The provision of the services to You, by Company is, in Company's opinion, no longer commercially viable;
e. Company has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or
f. In the event, wherein any violation by You of the terms laid down herein or of any applicable law if affecting the Company’s business/ reputation.
g. Company finds out any information regarding You such as involvement in any case of misrepresentation, fraud, cheating, embezzlement, any offence involving moral turpitude and/or any other legal proceedings against You.
h. Company may also terminate or suspend all or a portion of Your account or access to the services with or without reason.
Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the services.
You agree that all terminations shall be made in Company's sole discretion and that Company shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and the services offered thereunder. Notwithstanding the foregoing, these Terms will survive indefinitely unless and until Company chooses to terminate them. If You or Company terminates Your use of the Website, Company may delete any content or any other materials relating to Your use of the Website and Company will have no liability to You or any third party for doing so.
21. Governing Law
These Terms and all transactions entered into on or through the Website and the relationship between You and Company shall be governed in accordance with the laws of India without reference to conflict of laws principles. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website or the relationship between You and Company shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts. Company will share / sell / transfer / license / covey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to Your personal information. Once You provide Your information to us, You provide such information to Company and affiliates of Company and Company and its affiliate may use such information to provide You various services whether such transaction are conducted on the App or with Third Party merchant's or Third Party merchant's App.The Registered Medical Practitioner hereby consents, expresses and agrees that he has read and fully understands the privacy policy of Company in respect of the App. You further consent that the terms and contents of such privacy policy are acceptable to You. You may address our Privacy policy here -https://docon.co.in/privacy
22. Report Abuse / Grievance Redressal
In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Website, please report to Company’s customer support team.If You have any concern about the Terms or grievances about the Website or our services, please contact us with a thorough description and We will try to resolve the issue for You. Please address them to Our grievance redressal officer at:·
Name:Hustlehub Tech Park - H207, 36/5, 4th Floor, Hustlehub Tech Park, Somasundara Palya Main Rd, adjacent 27th Main Road, ITI Layout, Sector 2, HSR Layout, Haralukunte Village, Bengaluru, Karnataka 560102,·
Phone number: 9920181181· E-mail: hello@docon.co..in
We shall endeavour to resolve Your grievances within 15 (fifteen) days from the date of receipt of such grievance.
23. Privacy Policy
Company collects, processes and shares data with third parties, in accordance with its Privacy Policy, in order to provide, manage and complete delivery of services requested by You . Company views the protection of Your privacy and information as a very important principle. Please view Our Privacy Policy, available at privacy-policy, to understand how the Company collects, processes, shares Your information and maintains data security practices in relation to Your information.
24. Communications
You hereby expressly agree to receive communications by way of SMS, e-mails or any other mode from Company, phone calls relating to the services offered through the Website and this supersedes any opt-out preferences you may have set in relation to the Telecom Regulatory Authority of India’s National Do Not Call (and Do Not Disturb) registry as per the Telecom Commercial Communications Customer Preference Regulations, 2018.A User can unsubscribe / opt-out from receiving communications from Company through SMS and e-mail anytime by visiting or contacting us at help@docstat.in.;
25. General provisions
Notice: All notices of Company will be served by email or by general notification on the Website. Any notice provided to Company pursuant to the Terms should be sent to hello@docon.co.in
Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. Company's rights under the Terms are freely transferable by Company to any third parties without the requirement of seeking Your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Waiver: Any failure by Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Company of that provision or right
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