DR. PR, under the brand name "DRPR", is the author and publisher of the internet resource www.drpr.in and the mobile application ‘DRPR’ (together, “Application”). DR. PR owns and operates the services provided through the Application.
1. NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you irrespective of your role as the user and governs the usage of the Services where made available to you for fees or free of charge. The Agreement will apply to your visit to, access of and use of the Application to avail the Service, as well as to all information provided by you on the Application at any given point in time. This includes without limitation, creating and maintaining health records of the Patients, creating business analytics and utilizing the Application for prescribing tests and medicines.
The Services may be altered, modified or change from time to time, at anytime at the sole discretion of DR. PR.
DR. PR reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be updated on the Application. Please read the Agreement at regular intervals to know if there are any changes made. Your first access and use of the Application following any such modification or amendment shall construed as your acceptance of the Agreement modified and then existed. If you do not agree with any part of the Agreement or modifications made in the future, please do not use the Application or use any Services.
The access granted to you for using of the Application and the Services will be solely at the discretion of DR. PR.
You must be 18 years of age or above to register, accesses Application, use the Services, in any manner. You hereby represent and warrant to DR. PR that you are 18 years of age or older, and that you have the right, authority and capacity to use the Application and the Services available through the Application.
A. END-USER ACCOUNT AND DATA PRIVACY
i. The terms “personal information” and “sensitive personal data or information” are shall have the meaning as defined under the SPI Rules.
ii. DR. PR may by its Application and/ or Services, collect information relating to the Users including without limitation personal email or phone number, devices used for accessing the Application and/ or anonymous data of your usage (“Information”). The collected Information will be used only for providing information, obtaining feedback, improving the quality of DR. PR’s Application, existing Services and also to developer new services and offerings.
v. DR. PR shall not be responsible in any manner for the authenticity of the Information provided by the User to DR. PR or to any other person acting on its behalf.
vi. The User is responsible for maintaining the safety and security of the User’s account access, registered on the Application. The User shall immediately notify DR. PR of any actual or suspected unauthorized use of the User’s account. You explicitly acknowledge and agree that, though DR. PR will, to the extent practicable try to limit such unauthorized access by such unauthorized person/ entity, it will not be in any manner whatsoever be held responsible and/ or liable for any losses or damage caused to you or anyone else because of such unauthorized access and use of your account.
vii. If a User provides any information that is fraudulent, untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or DR. PR has reasonable grounds to suspect or believe that such information is fraudulent, untrue, inaccurate, not current or incomplete, DR. PR reserves the right to suspend, block and/ or discontinue the User’s access to the Application or Services at its sole discretion and to make such declaration on the Application alongside your name as deem fit by DR. PR for the protection of its business and in the interests of the Users. You shall be liable to indemnify DR. PR for any losses incurred as a result of your misrepresentations or fraudulent, untrue, inaccurate, not current or incomplete information or feedback that has adversely affected DR. PR or its Users.
viii. DR. PR may use such information collected from the Users from time to time for the purposes of troubleshooting customer support related issues.
ix. If you choose the option of calling dedicated numbers provided to the Consultants, the records of such calls are recorded and stored in DR. PR or its authorized Vendor’s servers. Such records may be accessed by DR. PR for monitoring and quality purposes. In case you wish not you're your calls recorded, please do not use the said telephony services.
B. Application, displays Consultant information regarding the profile and practice of the Consultants listed on the Application by the respective Consultant, such as their specialization, qualification, fees, location, visiting hours etc. DR. PR takes no responsibility of screening and vetting the information and photos submitted by the Consultant, and cannot be held responsible or liable for any inaccuracies or incompleteness of such information and any consequences arising therefrom.
C. The Application and Services provided by DR. PR or any of its licensors or service providers are provided on an "as is" and “as available’ basis. DR. PR hereby explicitly disclaims any and all representations, guarantees, warranties of accuracy, fitness for any particular purpose, non-infringement, trade, or merchantability, whether expressed or implied. DR. PR disclaims all liability arising out of the User’s use or reliance upon the Application and the Services content or information provided by other Users on the Application, or any opinion or suggestion given or expressed by DR. PR or any of its User in relation to any services provided by such User.
D. The Application may be linked to the applications, software, data centres of third parties, affiliates and business partners (“Third Party Applications”). DR. PR has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Third Party Applications or made available by/through our Application. Inclusion of any link on the Application does not imply that DR. PR endorses the linked site. User may use the links and these services at User’s own risk.
E. DR. PR assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Application or the downloading of any material, data, text, images, video content, or audio content from the Application. If a User is dissatisfied with the Application, User’s sole remedy is to discontinue using the Application.
F. Without prejudice to the generality of the above, DR. PR is not engaged or involved in providing any sort of healthcare or medical advisory or diagnostic services and hence it cannot be responsible or liable for any interactions between the User and the Consultant.
G. Consultants acknowledges that they are the original authors and creators of any Content uploaded by them via DR. PR and that no Content uploaded by them would constitute infringement of the intellectual property rights of any person. DR. PR reserves the right to remove any Content which it may determine at its sole discretion as violating or suspected to be violating the intellectual property rights of any person, including but not limited to patent, trademark, copyright or other proprietary rights. Consultant agrees to indemnify DR. PR and keep DR. PR indemnified against all claims, losses or damages that may arise as a result of any third party intellectual property right infringement claim that may arise from the Consultant’s uploading of any Content on the Application.
H. Consultant hereby irrevocably assigns to DR. PR, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User on the Application.
I. DR. PR shall have the right to edit or remove the Content and any comments in such manner as it may deem fit.
J. Consultant shall ensure that the Content or any further responses to the Content (including responses to Users) is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, Consultant should ensure that the Content is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. DR. PR reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time. The Consultant hereby indemnify DR. PR and keep it indemnified against all claims that may arise as a result of the nature of the Content posted by the Consultant on the Application.
K. Consultant shall ensure that no portion of the Content is violative of any law for the time being in force.
L. Consultant shall ensure that the Content is not threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Consultant shall ensure that the Content will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.
M. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
i. The contents listed on the Application are (i) User generated content, or (ii) belong to DR. PR. The information that is collected by DR. PR directly or indirectly from the End- Users and the Consultants shall belong to DR. PR. Copying of the copyrighted content published by DR. PR on the Application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and DR. PR reserves its rights under applicable law accordingly.
ii. DR. PR authorizes the User to view and access the content available on or from the Application solely for storing Information only as per this Agreement. The contents of the Application, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Application (collectively, "DR. PR Content"), are the property of DR. PR and are protected under copyright, trademark and other laws. User shall not modify the DR. PR Content or reproduce, display, publicly perform, distribute, or otherwise use the DR. PR Content in any way for any public or commercial purpose or for personal gain.
DR. PR may provide Users with a free facility known of ‘Past History’ or ‘Records” on the Application. Information available in your Records would be Health Records generated by interaction with patients.
i. Records is only created after you have signed up and explicitly accepted these Terms.
ii. DR. PR does not validate the said information of Records.
iii. The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed. PR is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts.
iv. It is your responsibility to keep your correct mobile number and email ID updated in the Records. DR. PR is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Application.
v. DR. PR uses industry–level security and encryption to your Health Records. However, DR. PR does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform DR. PR of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to firstname.lastname@example.org..
vi. In case you want to delete your Records, you can do so by contacting our service support team.
vii. You may lose your “User created” record, if the data is not synced with the server.
viii. If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
ix. DR. PR is not liable if for any reason, Health Records are not retrieved from the servers.
x. DR. PR will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
xi. You agree and acknowledge that DR. PR may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
O. Your use of a particular service confers upon you only entitlement to use such service, and not to any other service that may be provided by DR. PR.
P. DR. PR reserves the rights to display sponsored ads on the Application. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, DR. PR will not be liable for the accuracy of information or the claims made in the Sponsored ads. DR. PR does not encourage the Users to visit the Sponsored ads page or to avail any services from them. DR. PR will not be liable for the services of the providers of the Sponsored ads.
Q. You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and DR. PR accepts no liability for the same.
R. The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed.
S. In recognition of the various offerings and services provided by DR. PR to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow DR. PR to include a brief description of the services provided to Practitioner in DR. PR’s marketing, promotional and advertising materials; (b) allow DR. PR to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to DR. PR’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.
T. As mandated by Regulation 3(2) of the IG Rules, DR. PR hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
● belongs to another person and to which the User does not have any right to;
● is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
● harm minors in any way;
● infringes any patent, trademark, copyright or other proprietary rights;
● violates any law for the time being in force;
● deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
● impersonate another person;
● contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
● threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
U. DR. PR may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit DR. PR to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by DR. PR as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between DR. PR or any person on its behalf and the User or where the User has consented to data transfer.
V. DR. PR reserves the right to suspend or terminate a User’s access to the Application and the Services with or without notice and to exercise any other remedy available under law, in cases where,
i. Such User breaches any terms and conditions of the Agreement;
ii. A third party reports violation of any of its right as a result of your use of the Services;
iii. DR. PR is unable to verify or authenticate any information provide to DR. PR by a User;
iv. DR. PR has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
v. DR. PR believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for DR. PR or are contrary to the interests of the Application.
On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Application by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
W. In no event, shall DR. PR, or any of its directors, officers, employees, agents, partners or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Application or the content, materials and functions related thereto, the Services, User’s provision of information via the Application, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Application or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
X. DR. PR may retain such information collected from Users from its Application or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
Y. If a User has any questions concerning DR. PR, the Application, this Agreement, the Services, or anything related to any of the foregoing, DR. PR customer support can be reached at email@example.com or via the contact information available from the following hyperlink: www.drpr.in.
Z. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Application or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Name: Asif Kitekar
2B-84, Phoenix Paragon Plaza, LBS Road, Kurla (W), Mumbai-400070.
In the event you suffer as a result of access or usage of our Application by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
3. If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
4. No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by DR. PR. Any consent by DR. PR to, or a waiver by DR. PR of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
5. The Agreement is published in compliance of, and is governed by and shall be construed in accordance with laws of India, which include without limitation:
i. The Indian Contract Act, 1872,
ii. The (Indian) Information Technology Act, 2000, and
iii. The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
6. This Agreement supersedes all previous oral and written communications and agreements (if any) relating to your use of the Application and the Services. By accessing the Application and availing any Service, you confirm your acceptance of the terms of this Agreement.
O. CANCELATION & REFUNDS
No Cancelation or Refunds are allowed during the tenure.