Dockare

Cognidoc Healthtech Private Limited ("Dockare" / "Dockare SMART" / "Dockare Pro" / "we" / "us", including its affiliates/group companies), has designed and developed a mobile/website based application ("Portal"), designed to run on personal computers, smartphones and tablets and the Portal facilitates interaction between its registered users for availing or providing patient monitoring and medical consultancy services and other ancillary services (hereinafter jointly referred to as the "Services").

Please carefully go through these terms of use ("Terms") and the privacy policy available at ("Privacy Policy") before you decide to access the Portal or avail the Services made available on the Portal by Dockare. These Terms and the Privacy Policy together constitute a legal agreement ("Agreement") between you and Dockare in connection with your visit to the Portal and your use of the Services.

The Agreement is an electronic record published in compliance of, and is governed by the provisions of, inter alia, applicable provisions of the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed there under, including, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "Security Practices Rules"), and the Information Technology (Intermediaries Guidelines) Rules, 2011 (the "Intermediaries Rules"). The Agreement is generated by a computer system and does not require any physical or digital signatures.

The Agreement applies to, (a) medical healthcare service providers and its team of doctors ("Healthcare Associates") using the Services of the Portal, (b) a patient, searching for an Healthcare Associates through the Portal ("Patient"), and, (c) all the visitors or users of the Portal (jointly and severally referred to as "you" or "Users" in these Terms).

These Terms constitute a legal and binding agreement between the User and Dockare. The Terms govern your use of the Portal.

Nature of the Terms

The Services may change from time to time, at the sole discretion of Dockare, and the Agreement will apply to your visit to and your use of the Portal to avail the Service, as well as to all information provided by you on the Portal at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Portal and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at [email protected].
By downloading or accessing the Portal to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, i.e., these Terms and the Privacy Policy as available on the Portal, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Portal to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Portal following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Portal or avail any Services.
Your access to use of the Portal and the Services will be solely at the discretion of Dockare.

Conditions of use

You must be 18 years of age or older to register, use the Services, or visit or use the Portal in any manner. By registering, visiting and using the Portal or accepting this Agreement, you represent and warrant to Dockare that you are 18 years of age or older, and that you have the right, authority and capacity to use the Portal and the Services available through the Portal, and agree to and abide by this Agreement.

Free services provided on the Portal

The following services are made available by Dockare on the Portal free of charge ("Free Services"):

Free Services available to Healthcare Associates: If a Healthcare Associate wishes, his/her Doctor Code which lets the Patient connect with them on the Portal is made freely available.
Free Services available to Patients: Facility to (i) create multiple profiles, (ii) create, upload and maintain the Patient’s health accounts, (iii) search for Healthcare Associates by name, Doctor Code, or any other criteria that may be developed and made available by Dockare, and (iv) keep pill related reminders, maintain vaccination charts, monitor symptoms and view the graphs derived from it.

Terms of Use applicable to all Patients

Patient account and data privacy
1. The terms "personal information" and "sensitive personal data or information" are defined under the Security Practices Rules, and are reproduced in the Privacy Policy.
2. Dockare may by its Services, collect information relating to the devices through which you access the Portal, and anonymous data of your usage. The collected information will be used only for improving the quality of Dockares’ services and to build new services.
3. The Portal allows Dockare to have access to registered Patients’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Healthcare Associates and their practice.
4. The Privacy Policy sets out, inter-alia:
  1. The type of information collected from the Patients, including sensitive personal data or information;
  2. The purpose, means and modes of usage of such information;
  3. How and to whom Dockare will disclose such information; and,
  4. Other information mandated by the Security Practices Rules.
5. Patients are expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
  1. the fact that certain information is being collected;
  2. the purpose for which the information is being collected;
  3. the intended recipients of the information;
  4. the nature of collection and retention of the information; and
  5. the name and address of the agency that is collecting the information and the agency that will retain the information; and
  6. the various rights available to such Patients in respect of such information.
6. Dockare shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Patient to Dockare or to any other person acting on behalf of Dockare.
7. Patients are responsible for maintaining the confidentiality of the Patients’ account access information and password, if the Patient is registered on the Portal. The Patient shall be responsible for all usage of the Patient’s account and password, whether or not authorized by the Patient. Patient shall immediately notify Dockare of any actual or suspected unauthorized use of the Patient’s account or password. Although Dockare will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Dockare or such other parties as the case may be, due to any unauthorized use of your account.
8. If a Patient provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Dockare has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dockare has the right to discontinue the Services to the Patient at its sole discretion.
9. Dockare may use such information collected from the Patients from time to time for the purposes of debugging customer support related issues.
10. Dockare may be used for consultation on health-related issues only and further for appointment and booking a face to face consultation with the Healthcare Associate.
11. Dockare accepts no liability if the video call facilities are not used in accordance with the foregoing. In case you choose to not provide your consent to recording your video and Specific terms with regards to use of the video calling functionalities provided on Dockare:
  1. After taking appointment from the Healthcare Associate as per the Healthcare Associate’s available date and time, Patients have the option to make a video call to the Healthcare Associate through a video call service provided by Dockare on the Portal and the records of such video calls are recorded and stored in Dockares’ servers. Such video call will have a message stating the purpose of recording your video calls and your consent to such recordings which are dealt with as per these Terms and the Privacy Policy.
  2. Such records may be accessed by Dockare for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy.
  3. Such video call facilities provided to the video calls that may have personal information required for provision of our Services, Dockare reserves the right to not provide the Services for which such personal information is sought.
12. Specific terms with regards to use of the chat functionality provided on Dockare:
  1. Patients also have the option to use the chat functionality to send chat messages to the Healthcare Associate, through a chat messaging functionality provided by Dockare on the Portal and the records of such chat messages are recorded and stored in Dockares’ servers and are dealt with as per these Terms and the Privacy Policy.
  2. Such records may be accessed by Dockare for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy.
  3. Such chat messaging facilities provided to the Patient by Dockare may be used for consultation on health-related issues only and further for appointment and booking a face to face consultation with the Healthcare Associate.
  4. Dockare accepts no liability if the chat messaging facilities are not used in accordance with the foregoing. In case you choose to not provide your consent to recording your chat messages that may have personal information required for provision of our Services, Dockare reserves the right to not provide the Services for which such personal information is sought.
13. Specific terms with regards to use of the functionality provided on Dockare towards uploading previous reports and documents and the current symptoms and vitals of the Patient:
  1. Patients have the option to upload their patient history / examination findings / investigation reports / past records / documents / images / diagnostics for the Patient’s ease of access of such records and also for the purpose of sharing the same with the Healthcare Associate during consultation.
  2. Further, Patients have the option to record/upload on a real-time basis, for the entire duration of their Consultation Plan (as defined herein), their vitals and the various symptoms being faced by them. The Patients also have the option to rate their symptoms. This functionality has been provided by Dockare to enable, both, the Patient and the Healthcare Associate to monitor to the vitals and the symptoms of the Patient on a timely basis. HOWEVER, RATED AND UPLOADED SYMPTOMS AND VITALS ARE NOT MONITORED ON REAL TIME BASIS BY ANY HEALTHCARE ASSOCIATE AND DOCTOR. These health parameters add to the value of text or video consultation only.
  3. The records of these functionalities are stored in Dockares’ servers and are dealt with as per these Terms and the Privacy Policy.
  4. Such records may be accessed by Dockare for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy.
  5. Such records may only be shared by the Patient with the Healthcare Associate for consultation with the Healthcare Associate on health-related issues only and further for appointment and booking a face to face consultation with the Healthcare Associate.
  6. Dockare accepts no liability if the said functionalities are not used in accordance with the foregoing. In case you choose to not provide your consent to storing such records in Dockares’ servers that may have personal information required for provision of our Services, Dockare reserves the right to not provide the Services for which such personal information is sought.

Healthcare Associate listing
The listing of the Healthcare Associates as seen by the Patient is a fully automated system at Dockares’ back-end, that lists the Healthcare Associates, their profile and information regarding their practice on the Portal. These listings of Healthcare Associates do not represent any fixed objective ranking or endorsement by Dockare. Dockare will not be liable for any change in the relevance of the Healthcare Associates on search results, which may take place from time to time. The listing of Healthcare Associates will be based on automated computation of the various factors including inputs made by the Patients, including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Dockare in no event will be held responsible for the accuracy and the relevancy of the listing order of the Healthcare Associates on the Portal.
Listing content and disseminating information
1. Dockare collects, directly or indirectly, and displays on the Portal, relevant information regarding the profile and practice of the Healthcare Associates listed on the Portal, such as their specialization, qualification, fees, location, visiting hours, and similar details. Dockare takes reasonable efforts to ensure that such information is updated at frequent intervals. Dockare cannot be held liable for any inaccuracies or incompleteness, despite such reasonable efforts.
2. The Services provided by Dockare or any of its employees or licensors or service providers are provided on an "as is" and "as available" basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Dockare does not provide or make any representation, warranty or guarantee, express or implied about the Portal or the Services. Dockare does not guarantee the accuracy or completeness of any content or information provided by Users on the Portal. To the fullest extent permitted by law, Dockare disclaims all liability arising out of the User’s use or reliance upon the Portal, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Portal, or any opinion or suggestion given or expressed by Dockare or any User in relation to any User or services provided by such User.
3. The Portal may be linked to the website or mobile/tablet application of third parties, affiliates and business partners. Dockare has no control over, and shall not be liable or responsible for content, accuracy, validity, reliability, quality of such websites or mobile/tablet applications or which is made available by/through the Portal. Inclusion of any link on the Portal does not imply that Dockare endorses the linked site. User may use the links and these services at User’s own risk.
4. Dockare 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 Portal or the downloading of any material, data, text, images, video content, or audio content from the Portal. If a User is dissatisfied with the Portal, User’s sole remedy is to discontinue using the Portal.
5. If Dockare determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Dockare reserves the right to immediately suspend your access to the Portal or any of your accounts with Dockare and makes such declaration on the Portal alongside your name/your clinic’s name as determined by Dockare for the protection of its business and in the interests of Users. You shall be liable to indemnify Dockare for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Dockare or its Users.
Functionalities available on the Portal to help Patients connect with Healthcare Associates
Dockare enables Patients to connect with Healthcare Associates through various methods such as: (a) Value added video call services, and (b) Value added chat messaging functionality.
1. The Portal provides various functionalities to the Patients to enable them to, at all times be able to connect with the Healthcare Associates. However, Dockare has no liability if the Healthcare Associate is not available to connect with the Patient or if the Healthcare Associate cancels a pre-fixed video call appointment.
2. Further, if the Patient and/or the Healthcare Associate requests for a face-to-face meeting with each other or the Healthcare Associate directs the Patient to a face-to-face meeting with any other healthcare service provider, the same shall be considered to be outside the scope of the Services provided by Dockare on the Portal and the Patient and the Healthcare Associate shall solely be responsible and liable for the same. Dockare shall not, in any manner whatsoever, be responsible or liable with regards to the same and the Patient and the Healthcare Associate shall indemnify and keep indemnified Dockare against any claims arising in this regard.
3. The results of any search the Patients perform on the Portal for Healthcare Associates should not be construed as an endorsement by Dockare of any such particular Healthcare Associate. If the Patient decides to engage with a Healthcare Associate to seek medical services, the Patient shall be doing so at his/her own risk.
4. Without prejudice to the generality of the above, Dockare is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between Patient and the Healthcare Associate. Patient understands and agrees that Dockare will not be liable for:
  1. Patient interactions and associated issues Patient has with the Healthcare Associate;
  2. the ability or intent of the Healthcare Associate(s) or the lack of it, in fulfilling their obligations towards the Patient;
  3. any wrong medication or quality of treatment being given by the Healthcare Associate(s), or any medical negligence on part of the Healthcare Associate(s);
  4. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the Patient due to a failure on the part of the Healthcare Associate to provide agreed services;
  5. any misconduct or inappropriate behaviour by the Healthcare Associate or the Healthcare Associate’s staff;
  6. cancellation or no show by the Healthcare Associate or rescheduling of booked appointments in any medium or even face-to-face or any variation in the fees charged, wherever applicable.
5. Patients are allowed to provide feedback about their experiences with the Healthcare Associate, however, the Patient shall ensure that, the same is provided in accordance with applicable law. Patient understands that, Dockare shall not be obliged to act in such manner as may be required to give effect to the content of Patient’s feedback, such as suggestions for delisting of a particular Healthcare Associate from the Portal.
6. In the event that the Patient, after purchasing and accessing the Consultation Plan, is not communicating/responding to the Healthcare Associate, or, is not uploading their vitals or recording their symptoms regularly, or, is not following the course of advice provided by the Healthcare Associate, or, upon doing all of the above and/or following the course of advice provided by the Healthcare Associate, the health of the Patient is not getting better or is further deteriorating, the Patient shall solely be liable for such action/in-action of the Patient and Dockare shall not be held responsible or liable for the same.
7. Further, the Patient shall defend and indemnify Dockare against all losses based on, arising out of or relating to (i) unlicensed or unauthorized use (including by third parties) of the Services and Dockare; (ii) Patient’s breach of any of the obligations as enumerated herein; (iii) Patient’s breach of the provisions of the Agreement; (iv) personal bodily injuries, including death, or property damage resulting from the Patient’s or its agents’ acts or omissions; or (v) unauthorized use of the any content or materials provided through the Dockare application.
Cancellation Policy
Towards availing the Services of Dockare, Patients shall opt for a consultation with an extended validity plan ("Consultation Plan"), out of the various consultation plans made available by Dockare on the Platform, through a specific click wrap agreement executed by the Patient with Dockare.

Consultation Plan once paid and availed by the Patient, cannot be cancelled/modified/extended for any reason whatsoever.
Refund Policy
1. In case Healthcare Associate is not available to respond to a paid consult, Patient can report the issue to Dockare within a period of three (3) days and request for cancellation, post which Dockare will investigate and process the refund.
2. In the event it is proved that the Patient has demonstrated abusive nature during the consult, the Healthcare Associate can request Dockare to stop the consultation and the Patient shall not be eligible for any refund and Dockare shall be entitled to take any legal action as applicable.
3. Patient can request a refund from the support screen or by sending Dockare an email at [email protected].
No doctor-patient relationship between Dockare and the Patient
1. Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on the Portal (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Dockare and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified Healthcare Associate.
2. It is hereby expressly clarified that, the Information that you obtain or receive from Dockare, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Portal is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Portal. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
Portal not to be used for emergency purposes
The Services are not intended to be a substitute for getting in touch with emergency healthcare service provider. If you are a Patient facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
Content ownership and copyright conditions of access
1. The contents listed on the Portal are (i) User generated content, or (ii) belong to Dockare. The information that is collected by Dockare directly or indirectly from the Patients and the Healthcare Associates shall belong to Dockare. Copying of the copyrighted content published by Dockare on the Portal for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Dockare reserves its rights under applicable law accordingly.
2. Dockare authorizes the User to view and access the content available on or from the Portal solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Portal, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Portal (collectively, "Dockare Content"), are the property of Dockare and are protected under copyright, trademark and other laws. User shall not modify the Portal Content or reproduce, display, publicly perform, distribute, or otherwise use the Portal Content in any way for any public or commercial purpose or for personal gain.
3. User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
Patient's reviews and feedback
1. By using the Portal, you agree that any information shared by you with Dockare or with any Healthcare Associate will be subject to our Privacy Policy.
2. You are solely responsible for the content that you choose to submit for publication on the Portal, including any feedback, ratings, or reviews ("Critical Content") relating to Healthcare Associates or other healthcare professionals. The role of Dockare in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Dockare disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Dockare shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
3. Your publication of reviews and feedback on the Portal is governed by Clause 6 of these Terms. Without prejudice to the detailed terms stated in Clause 6, you hereby agree not to post or publish any content on the Portal that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the Intermediaries Rules and Security Practices Rules. Dockare, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 6 of these Terms. You agree that Dockare may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
  - Obtaining feedback in relation to Dockare or Dockares’ Services; and/or
  - Obtaining feedback in relation to any Healthcare Associates listed on the Portal; and/or
  - Resolving any complaints, information, or queries by Healthcare Associates regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by Dockare.
Records
1. Dockare provides Patients with free functionalities on the Portal towards uploading/storing of Patient records (the functionality and the records uploaded using such functionalities shall hereinafter jointly be referred to as "Records"). Information available in Patient’s Records are of two types:
  Patient-uploaded:
  1. Information uploaded by you which is already available with you prior to joining the Portal, such as, patient history / past examination findings / past investigation reports / past records / documents / images / diagnostics.
  2. Information uploaded by you post joining the Portal and which is based on your interaction with the Dockare ecosystem, such as, new or current examination findings / investigation reports / records / documents / images / diagnostics / appointment related information, or, the symptoms and the vitals uploaded by you on a real-time basis.
  Portal-generated based on the information input by the Patient:
  
  Intelligent reports created at the back-end by Dockare analytics towards assisting the Healthcare Associates in suggesting the further course of action to the Patients.
2. Notwithstanding anything stated in these Terms and the Privacy Policy, specific terms relating to such Records are as stated below:
  1. Your Records is only created after you have signed up and explicitly accepted these Terms.
  2. Any Portal-generated Record, since the same is generated on the basis of the information input/uploaded by the Patient, is provided on an as-is basis at the sole intent, risk and responsibility of the Patient and Dockare does not validate the said information and makes no representation in connection therewith.
  3. The Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Dockare is not liable for any interruption that may be caused to your access of the Services.
  4. It is your responsibility to keep your correct mobile number and email ID updated in the Portal. Dockare is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Dockare.
  5. Dockare uses industry–level security and encryption to your Records. However, Dockare 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 Dockare of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to [email protected].
  6. If you access your dependents’ Records by registering your dependents with your own Records, you are deemed to be responsible for the Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Dockare assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Dockare and its officers against any such claim or liability arising out of unauthorized use of such information.
  7. Certain of your Records, such as the ones uploaded/recorded by you, can be deleted by yourself at anytime by logging into your account. However, certain Records cannot be deleted by you, such as the Portal-generated Records. In case you want to delete the Portal-generated Records that belong to you, you can do so by contacting our service support team. However only your Records will be deleted, and your Records stored by your Healthcare Associates, if any, will continue to be stored in their respective accounts.
  8. You may lose your "User created" Record, if the data is not synced with the server.
  9. If the Record is unaccessed for a stipulated time, you may not be able to access your Records due to security reasons.
  10. Dockare is not liable if for any reason, the Portal-generated Records are not delivered to you or are delivered late despite best efforts.
  11. Dockare is not responsible or liable for any content, fact, medical deduction or the language used in your Records whatsoever.
  12. Dockare will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Records for any reason.
  13. You agree and acknowledge that Dockare may need to access the Health Record for cases such as any technical or operational issue of the Patient in access or ownership of the Records.
  14. You acknowledge that the Healthcare Associates may engage Dockare's software or third party software for the purposes of the functioning of the Healthcare Associate’s business and Dockare's services including but not limited to the usage and for storage of Records in India, in accordance with the applicable laws.
  15. To the extent that your Records have been shared with Dockare or stored on any of the Portal products used by Healthcare Associate’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Dockare for Dockare's services, including but not limited to the usage and for storage of Records in India, in accordance with the applicable laws and further agree, upon creation of your account with Dockare, to the mapping of such Records as may be available in Dockares’ database to your User account.
Interaction between registered Users for availing or providing patient monitoring and medical consultancy services
1. Terms for Healthcare Associates:
  1. Every Healthcare Associate on the Portal must be qualified in the area of expertise that he/she represents as being his/her qualification.
  2. The Portal should not be used for emergency situations is a platform for exchange of information regarding general medical consultancy services and should not be used for emergency situations.
  3. These consultations between the Healthcare Associate and the Patient are subject to doctor-patient privilege and a doctor-patient relationship is thereby established.
  4. Healthcare Associate shall not share their personal, religious and/or moral views with the Patient while providing consultancy services.
  5. The Healthcare Associate is absolutely and expressly prohibited to:
    1. Provide any consultation which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
    2. Advertise any brand of drugs, supplements, vaccines and medications, in any manner of whatsoever;
    3. Advertise to/solicit patients in any manner including without limitation by way of using social media handles, including without limitation, facebook, twitter etc., telephone/ mobile numbers, youtube, and address;
    4. Promote content and activities which are illegal in nature.
  6. In the event of any breach of these terms and conditions, Dockare will take appropriate action, inter alia, ranging from issuing warnings to removal of Healthcare Associate from the Portal, in its sole and absolute discretion, on a case to case basis.
  7. Any liability arising out of the consultation provided by a Healthcare Associate will be borne solely by the Healthcare Associate. The Portal is only a platform interface provided by Dockare for to the Users for consultation purposes.
  8. The Portal shall be audited on a regular basis by Dockare for ascertaining compliance by the Healthcare Associate to the terms and conditions provided herein, and the Healthcare Associates consent to the same. It is clarified that the said audit is not conducted for the purpose of quality check or validation of responses issued by Healthcare Associate.
  9. Decision of Dockare is final and binding on the issues arising under these Terms.
2. Terms for Patient:
  1. Patients shall solely be liable for any personally identifiable information or any sensitive personal information or date of the Patient, that shall be shared by Patient with the Healthcare Associate on the Portal;
  2. Patient shall not use the Portal for emergency situations.
  3. Patient is prohibited from using any derogatory language, objectionable, pornographic and /or offensive content during consultation with the Healthcare Associate;
  4. These consultations between the Healthcare Associate and the Patient are subject to doctor-patient privilege and a doctor-patient relationship is thereby established.
  5. Decision of Dockare is final and binding on the issues arising under these Terms.
TERMS AND CONDITIONS APPLICABLE TO HEALTHCARE ASSOCIATES
1. Listing policy
  1. Dockare, directly and/or indirectly, collects information regarding the Healthcare Associates’ profiles, contact details, and practice. Dockare reserves the right to take down any Healthcare Associate’s profile as well as the right to display the profile of the Healthcare Associates, with or without notice to the concerned Healthcare Associate. This information is collected for the purpose of facilitating interaction with the Patient and other Users. If any information displayed on the Portal in connection with you and your profile is found to be incorrect, you are required to inform Dockare immediately to enable Dockare to make the necessary amendments.
  2. Dockare shall not be liable and responsible for the ranking of the Healthcare Associates on external websites and search engines.
  3. Dockare shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Dockare, where the User has expressly or implicitly consented to the making of disclosures or publications by Dockare. If the User had revoked such consent under the terms of the Privacy Policy, then Dockare shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Dockare prior to its actual receipt of such revocation.
  4. Dockare reserves the right to moderate the suggestions made by the Healthcare Associates through feedback and the right to remove any abusive or inappropriate or promotional content added on the Portal. However, Dockare shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Healthcare Associates are added to the Portal.
  5. Pursuant to your registering and getting listed on the Portal, Patients shall also have the option to make a video call to you through a video call service provided by Dockare on the Portal and the records of such video calls are recorded and stored in Dockares’ servers. Such video call will have a message stating the purpose of recording your video calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by Dockare for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such video call facilities provided to Patients and to you by Dockare may be used for consultation on health-related issues only and further for appointment and booking a face to face consultation with the Healthcare Associate. Dockare accepts no liability if the video call facilities are not used in accordance with the foregoing. In case you choose to not provide your consent to recording your video calls that may have personal information required for provision of our Services, Dockare reserves the right to not provide the Services for which such personal information is sought.
  6. Pursuant to your registering and getting listed on the Portal, Patients shall also have the option to use the chat functionality to send chat messages to you, through a chat messaging functionality provided by Dockare on the Portal and the records of such chat messages are recorded and stored in Dockares’ servers and are dealt with as per the Privacy Policy. Such records may be accessed by Dockare for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such chat messaging facilities provided to the Patients and you by Dockare may be used for consultation on health-related issues only and further for appointment and booking a face to face consultation with the Healthcare Associate. Dockare accepts no liability if the chat messaging facilities are not used in accordance with the foregoing. In case you choose to not provide your consent to recording your chat messages that may have personal information required for provision of our Services, Dockare reserves the right to not provide the Services for which such personal information is sought.
  7. You as a Healthcare Associate hereby represent and warrant that you will use the 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 Dockare accepts no liability for the same.
  8. Dockare does not guarantee the Healthcare Associate of any number of consultations from any number of Patients, nor does Dockare screen the requests for consultations received from Patients, including for relevance.
  9. Other than the Services provided on Dockare, does not guarantee availability of any specific services for the purpose of any of the Healthcare Associate’s requirements.
  10. Patient monitoring functionalities are available on the Portal, wherein the Healthcare Associates who have created their Dockare profile can login and view the various symptoms (along with the ratings of the symptoms) and the vitals of the Patients. Such functionalities are available to the Healthcare Associates to assess the condition of the Patient and recommend the course of action/treatment to be followed by them.
2. Profile ownership and editing rights
  Healthcare Associates can update their profile information by writing to Dockare at [·]. Dockare reserves the right of ownership of all the Healthcare Associate’s profile and photographs and to moderate the changes or updates requested by Healthcare Associates. However, Dockare takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Dockares’ services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Dockare may modify or delete parts of your profile information at its sole discretion with or without notice to you.
3. Reviews and feedback display rights of Dockare
  1. All Critical Content is content created by the Users of Dockare . As a platform, Dockare does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000.
  2. Dockare reserves the right to collect feedback and Critical Content for all the Healthcare Associates listed on the Portal.
  3. Dockare shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
  4. You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Dockare shall not be liable for any effect on Healthcare Associate’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Dockare however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content.
  5. Dockare will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Portal shall be applicable mutatis mutandis in relation to Critical Content posted on the Portal.
  6. If Dockare determines that you have provided inaccurate information or enabled fraudulent feedback, Dockare reserves the right to immediately suspend any of your accounts with Dockare and makes such declaration on the Portal alongside your name/your clinics name as determined by Dockare for the protection of its business and in the interests of Users.
  7. Healthcare Associate understands that, Dockare shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Healthcare Associate. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Dockare.
4. Listing of Healthcare Associates
  Dockare has designed at its back-end, the listing algorithm in the best interest of the Patient and may adjust the listing algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Healthcare Associates. Dockare shall not be liable for any effect on the Healthcare Associate’s business interests due to the change in the listing algorithm.
5. Independent services
  Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Dockare.
6. Sponsored ads
  1. Dockare reserves the rights to display sponsored ads on the Portal. These ads would be marked as "Sponsored ads". Without prejudice to the status of other content, Dockare will not be liable for the accuracy of information or the claims made in the Sponsored ads. Dockare does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Dockare will not be liable for the services of the providers of the Sponsored ads.
  2. 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 Dockare accepts no liability for the same.
7. Patient non-compliance
  1. In the event that the Patient, after purchasing and accessing the Consultation Plan is not communicating/responding to the Healthcare Associate, or, is not uploading their vitals or recording their symptoms, or, is not following the course of advice provided by the Healthcare Associate, Dockare shall not be held responsible or liable for the same.
  2. In the event that the Patient and the Healthcare Associate have communicated on the Portal and have decided that the Patient is required to meet the Healthcare Associate or any other healthcare service provider face-to-face and the Patient does not show-up for the said appointment with the concerned Healthcare Associate or any other healthcare service provider, without cancelling, rescheduling, or informing the Healthcare Associate in advance about the same, Dockare shall not be held responsible or liable for the same.
  3. In the event that the User, mid-way through the consultation with the Healthcare Associate, chooses to avail the services of another Healthcare Associate or any other healthcare service provider, Dockare shall not be held responsible or liable for the same.
  4. The Healthcare Associate shall defend and indemnify Dockare against all losses based on, arising out of or relating to (i) unlicensed or unauthorized use (including by third parties) of the Services and Dockare; (ii) the Healthcare Associate’s breach of any of the obligations as enumerated herein; (iii) breach of the provisions of the Agreement by the Healthcare Associates or its doctors; (iv) personal bodily injuries, including death, or property damage resulting from the Healthcare Associate’s personnels’, employees’ or agents’ (including the doctors’) acts or omissions; or (v) unauthorized use of the Patient data or any other content or materials provided by the Patient through the Dockare application.
8. Healthcare Associate undertaking
  The Healthcare Associate 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 and the Healthcare Associate shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Healthcare Associate shall at all times ensure that all the applicable laws that govern the Healthcare Associate shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
9. Usage in promotional & marketing materials
  In recognition of the various offerings and services provided by Dockare to Healthcare Associate on the Portal, Healthcare Associate shall (subject to its reasonable right to review and approve): (a) allow Dockare to include a brief description of the services provided to Healthcare Associate in Dockares’ marketing, promotional and advertising materials; (b) allow Dockare to make reference to Healthcare Associate in case studies, and related marketing materials; (c) serve as a reference to Dockares’ 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 Healthcare Associate’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.
10. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
  1. As mandated by Regulation 3(2) of the Intermediaries Rules, Dockare hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that
    1. belongs to another person and to which the User does not have any right to;
    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, 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;
    3. harm minors in any way;
    4. infringes any patent, trademark, copyright or other proprietary rights;
    5. violates any law for the time being in force;
    6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    7. impersonate another person;
    8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    9. threatens the unity, integrity, 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.
  2. Users are also prohibited from:
    1. violating or attempting to violate the integrity or security of the Portal or any Dockare content;
    2. transmitting any information (including job posts, messages and hyperlinks) on or through the Portal that is disruptive or competitive to the provision of Services by Dockare;
    3. intentionally submitting on the Portal any incomplete, false or inaccurate information;
    4. making any unsolicited communications to other Users;
    5. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Portal;
    6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Portal;
    7. copying or duplicating in any manner any of the Portal content or other information available from the Portal;
    8. framing or hot linking or deep linking any Dockare content.
    9. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
  3. Dockare, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of any of the provisions hereunder. Dockare shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
  4. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Dockare has the right to immediately terminate the access or usage rights of the User to the Portal and Services and to remove non-compliant information from the Portal.
  5. Dockare 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 Security Practices Rules only permit Dockare 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 Dockare as provided for under the Security Practices Rules, only if such transfer is necessary for the performance of the lawful contract between Dockare or any person on its behalf and the User or where the User has consented to data transfer.
  6. Dockare respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
11. ADDITIONAL TERMS AND CONDITIONS FOR USE OF THE PORTAL AND THE SERVICES
  1. Dockare does not transfer either the title or the intellectual property rights to the Portal or the underlying software and source codes or its Services, and Dockare (or its licensors) retain full and complete title to the same as well as all intellectual property rights therein. User agrees to use the Services and the materials provided therein only for purposes that are permitted by: (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. Information provided by a User to Dockare may be used, stored or republished by Dockare or its affiliates even after the termination of these Terms.
  2. Dockare offers its Services on "as is" basis and has the sole right to modify any feature or customize them at its discretion and there shall be no obligation to honour customization requests of any User. The subscription fee hence charged is exclusive of any customisation costs.
  3. User shall not access the Services of Dockare if the User or the organisation that he/she/it represents is Dockares’ direct competitor, except with Dockares’ prior written consent. In addition, the User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
  4. Dockare will use commercially reasonable efforts to make the Services on the Portal available 24 hours a day, 7 days a week, except for (i) planned downtime (of which Dockare shall give at least 8 hours’ notice to Users and which Dockare shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Indian Standard Time (IST) Friday to 6:00 a.m. Indian Standard Time (IST) Monday), or (ii) any unavailability caused by circumstances beyond Dockares’ reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider failures or delays. Dockare will provide the Services only in accordance with applicable laws and government regulations.
  5. Notwithstanding anything to the contrary contained herein, Dockare does not warrant that its Services will always function without disruptions, delay or errors. A number of factors may impact the use of the Services (depending on the Services used) and native mobile applications and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, your power supply and telephony services. Dockare takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
  6. In the event the Portal is not available due to apparent default at Dockares’ end or is rendered unusable, Dockare may at its discretion extend the subscription period of the User only by such number of calendar days when the Services were not available. However, you shall agree that Dockare is not responsible and will not be held liable for the any failure of the intermediary services such as, internet connectivity failure or telephonic disconnections.
  7. The Services may be subject to certain limitations, such as, limits on disk storage space, on the number of video calls Users are permitted to make against Dockares’ application programming interface, and, other limitations dependent on the ‘Consultation Plan’, for example, number of SMS, number of appointments, number of users or accounts, validity of subscription and any other limitations. Any such limitations are specified in the Consultation Plans. The Services have been designed to provide realtime information to enable User to monitor such User’s compliance with such limitations.
  8. Not with standing anything to the contrary contained herein, Healthcare Associate alone shall be liable for Healthcare Associate’s dealings and interaction with the Patient, his/her representatives or affiliates, searching for the Healthcare Associate through the Portal, contacted or managed through the Portal and Dockare shall have no liability or responsibility in this regard. Dockare does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by Users or any third party through the Services. The Services are not intended for and must not be used for emergency purposes such as emergency appointments, emergency healthcare procedures or any other emergency situations.
  9. Dockare may, at its sole discretion, suspend User’s ability to use or access the Services at any time while Dockare investigates complaints or alleged violations of this Agreement, or for any other reason.
  10. Dockare reserves the right to use all information captured in its Services in anonymised form for the purpose of its Services improvements, and providing analytics and businesses intelligence to the third parties. On the basis of such information, Dockare tries to make its Services more useful in following way:
    1. Promotion of new Services,
    2. Analysing software usage patterns for improving Services design and utility;
    3. Analysing anonymised patients’ information for research and development of new technologies and any other Services offerings;
    4. Users can contact Dockare immediately for rectifications. Dockare shall bear no liability or responsibility in this regard.
  11. Dockare reserves the right to use the following types of information stored in our servers:
    1. Practice information;
    2. Healthcare Associate information;
    3. Patient’s demographic information as anonymised form;
    4. Patient’s information in relation to his health and history (anonymised form).
  12. Dockare automatically lists Healthcare Associate information on its Services as per information added using the Portal. The information listed is displayed when Patients search for Healthcare Associate on the Portal, and this information listed on the Services may be used by Patients to request for medical consultations. Such information on the Services may continue to appear even after the Healthcare Associate ceases to be a paying subscriber or the Healthcare Associate terminates its subscription or in any other way discontinues its relationship with Dockare. Dockare, on its own, does not list any Personally Sensitive Information of such Healthcare Associate. Dockare does not provide any ranking algorithm in relation to the listing made on the Portal. Dockare reserves the right to list Healthcare Associates who are not party to this Agreement and the Healthcare Associates who have subscribed to these Terms are listed along with them. Thereon, Dockare reserves the right to modify the listing of the Healthcare Associates on the Portal. In case the Healthcare Associate wishes to change or remove information as listed and displayed omits online platform, or disable appointment requests, the Healthcare Associate can do so by using options available on its online platform or its Services or by contacting Dockare at [email protected].
  13. Dockare reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of its Services or native mobile application or all of these at its discretion. All Users of its Services will be duly notified upon release of such newer versions and Dockare reserves the right to automatically upgrade all Users to the latest version of its Portal as and when it deems fit.
12. TERMINATION
  1. Dockare reserves the right to suspend or terminate a User’s access to the Portal and the Services with or without notice and to exercise any other remedy available under law, in cases where,
    1. Such User breaches any terms and conditions of the Agreement;
    2. A third party reports violation of any of its right as a result of your use of the Services;
    3. Dockare is unable to verify or authenticate any information provide to Dockare by a User;
    4. Dockare has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
    5. Dockare believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Dockare or are contrary to the interests of the Portal.
  2. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Portal under the same account, a different account or re-register under a new account. 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 Portal 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.
13. LIMITATION OF LIABILITY
  1. In no event, including but not limited to negligence, shall Dockare, or any of its directors, officers, employees, agents or content or service providers (collectively, the "Indemnified Persons") 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 Portal or the content, materials and functions related thereto, the Services, User’s provision of information via the Portal, lost business or lost Patients, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Indemnified Persons be liable for:
    1. provision of or failure to provide all or any service by Healthcare Associates to Patients contacted or managed through the Portal;
    2. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Portal;
    3. any unauthorized access to or alteration of your transmissions or data; or
    4. any other matter relating to the Portal or the Service.
  2. In no event shall the total aggregate liability of the Indemnified Persons 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 Portal or the Services exceed, in the aggregate Rs. 1,00,000/- (Rupees One Lakh Only).
14. RETENTION AND REMOVAL
  Notwithstanding anything stated herien, Dockare may retain such information collected from Users from the Portal 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 Security Practices Rules. Computer web server logs may be preserved as long as administratively necessary.
15. APPLICABLE LAW AND DISPUTE SETTLEMENT
  1. You agree that this Agreement and any contractual obligation between Dockare and User will be governed by the laws of India.
  2. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Portal or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Dockare. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
  3. Subject to the above Clause 11(b), the courts at Banglore, India shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Portal or the Services or the information to which it gives access.
16. CONTACT INFORMATION GRIEVANCE OFFICER
  1. If a User has any questions concerning Dockare, the Portal, this Agreement, the Services, or anything related to any of the foregoing, Dockare customer support can be reached at the following email address: [email protected].
  2. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Portal or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at [email protected]. Our officer will try to solve your concern duly and in timely manner.
  3. In the event you suffer as a result of access or usage of our Dockare by any person in violation of Rule 3 of the Intermediaries Rules, please address your grievance to the Grievance Office.
17. SEVERABILITY
  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.
18. WAIVER
  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 Dockare. Any consent by Dockare to, or a waiver by Dockare 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.
19. CONSULTATION PLAN – USER TERMS AND CONDITIONS
  1. Nature and applicability
    1. Please go through these Dockare Consultation Plan terms ("Consultation Plan Terms") carefully before you decide to avail the Consultation Plans facilitated by Dockare on the Portal. These Consultation Plan Terms are to be read in connection with your visit to the Portal and your use of the Consultation Plans respectively.
    2. These Dockare Consultation Plan Terms apply to any person who subscribes to the Consultation Plans on behalf or for the benefit of a Patient, either for themselves or inclusive of his/her family members / relatives. The primary user is required to be registered on the Portal and should have subscribed to the Consultation Plan. For the purposes of these Dockare Consultation Plans, the primary subscriber to the Consultation Plan is an individual designed as primary user ("Primary User") in the Plan Page (as defined hereafter), who subscribes to the Consultation Plan either for themselves and/or for benefit of other members, which could include any other individual nominated by the Primary Member (hereinafter collectively known as the "Covered Members"). The Covered Members and a Primary User are collectively and individually hereinafter referred to as the "you" / "You" / "your" / "Your" / "User" / "Users". As a part of availing the Consultation Plan, you may choose different packages available pursuant to the Consultation Plans which best suits your needs as per the plan details set out in your Dockare application ("Plan Details"). The User specific details will be visible to you on your purchased plan page ("Plan Page") hosted on your Dockare application.
    3. If you have any questions about any part of the Dockare Consultation Plan Terms, feel free to contact us at [email protected].
    4. By availing the Consultation Plans, you signify your acceptance of these Terms and the Privacy Policy.
    5. We reserve the right to modify or terminate any portion of these Dockare Consultation Plan Terms for any reason and at any time, and such modifications shall be informed to you by appropriate notifications on the Portal. Notwithstanding, you should read the Terms, the Privacy Policy and specifically these Dockare Consultation Plan Terms at regular intervals. your continued availing of Consultation Plans following any such modification constitutes your agreement to follow and be bound by these Terms and the Privacy Policy and specifically these Dockare Consultation Plan Terms, so modified.
    6. You acknowledge that you will be bound by these Dockare Consultation Plan Terms specifically for availing any of the Consultation Plans. If you do not agree with any part of the Dockare Consultation Plan Terms and/or these Terms or the Privacy Policy in general, please do not use the Portal or avail the Consultation Plans.
    7. Your access and use of the Consultation Plans will be solely at the discretion of Dockare.
  2. Conditions of use of Consultation Plans
    You must be eighteen (18) years of age or older to register on the Portal for availing the Consultation Plan as a Primary User. As a Primary User, you can add minors as Covered Member(s) under the Consultation Plan availed and subscribed to with the express understanding that the Primary Member shall be entirely responsible and liable on all counts for compliance with these Dockare Consultation Plan Terms for and on behalf of such Covered Member who is below the age of majority. By registering, visiting and using the Portal for availing the Consultation Plans or accepting these Terms and the Privacy Policy, you represent and warrant to Dockare that you are eighteen (18) years of age or older and have the appropriate authorization to contract on behalf of a Covered Member who is below the age of majority, and that you have the right, authority and capacity to use the Portal for availing the Consultation Plan and agree to and abide by these Terms.
  3. Terms of the Consultation Plan service
    1. Term: The Consultation Plan subscribed by you will be valid for the period as per the Consultation Plan details commencing from the date of the subscription of the Consultation Plan ("Term"). After the expiry of the Term, you may choose a different Consultation Plan as per the Consultation Plan Details and subscribe thereto or renew your existing subscription, on such terms that are valid and subsisting as on date of subscription or renewal. The benefits under the Consultation Plan Service cannot be carried forward after the expiry of the Term.
    2. Registration: The Primary User is a registered user on the Portal and has subscribed to the Consultation Plan Service on the Portal by paying the applicable fees as per the Consultation Plan Details. You could avail the Consultation Plan solely for you or for Yourself and any Covered Member(s). Each Covered Member, who is covered by the Consultation Plan Service subscribed by You will have to follow an authentication mechanism to utilize the Consultation Plan. The maximum number of permissible Covered Members per each Primary User will be set out in the Consultation Plan details. Covered Members, once added by the Primary User cannot be removed, modified or edited.
    3. Information: As a part of the registration process for Consultation Plan, You will fill in certain personal information and details in order to create a medical history and profile which will be accessible to the Healthcare Associates. The information shared by You will be dealt with in accordance with the Terms and the Privacy Policy.
    4. Representations and warranties
      1. You agree that you will not use the Consultation Plans provided by Dockare for any unauthorized and unlawful purpose. You will not impersonate another person, including, without limitation, any other User.
      2. You agree to use the Consultation Plans only for purposes that are permitted by (a) these Terms and the Privacy Policy, and (b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).
      3. You agree not to access (or attempt to access) any of the Consultation Plans by any means other than through the interface that is provided by Dockare, unless you have been specifically allowed to do so in a separate agreement with Dockare.
      4. You agree that you will not engage in any activity that interferes with or disrupts the Consultation Plans (or the servers and networks which are connected to the Consultation Plans).
      5. You agree that you are solely responsible for (and that Dockare has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which Dockare may suffer) of any such breach.
      6. You shall indemnify Dockare for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by Dockare as a result of your breach under any applicable law.
      7. You expressly acknowledge and agree that your use of the Consultation Plans is at your sole risk and that the Consultation Plans are provided "as is" and "as available".
      8. You agree that you will not make any unsolicited calls or use any information displayed on the Dockare, an online platform; to breach any applicable rules and guidelines related to unsolicited commercial communications, including but not limited to regulations & guidelines such as TRAI guidelines for telemarketers, or otherwise violate applicable law while using the Consultation Plans.
      9. You agree that this Agreement and the Consultation Plans of Dockare are subject to any modification, or may be removed by Dockare, as a result of change in government regulations, policies and local laws as applicable.
      10. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any login you use to access the Portal.
      11. Your use of each Consultation Plan confers upon you only the rights and obligations relating to such services related to such Consultation Plans, and not to any other Consultation Plans or service that may be provided by Dockare.
    5. Consultation Plan details: As a part of Consultation Plan, You are entitled to benefits (which may include such number of consultations or any other benefit that Dockare may offer in the future) that are set out in the Consultation Plan details.
    6. Misuse of Consultation Plan services
      Dockare may restrict, suspend or terminate the account of any User who abuses or misuses the Consultation Plan. Misuse includes creating multiple or false profiles, infringing any intellectual property rights, violating any of the terms and conditions of these Terms, or any other behavior that Dockare, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Dockare may terminate accounts of Users who, in Dockares’ sole discretion, are deemed to be repeat infringers of any these Terms even after being warned by Dockare.
    7. Payment, fees and taxes:
      1. You will pay to Dockare at the time of subscribing to the Consultation Plan, at the rates set out in the Consultation Plan details. You are not required to pay any additional fees towards any of the Covered Consultations.
      2. Dockare may add new Consultation Plans for additional fees and charges or may proactively amend fees and charges for existing Consultation Plans, at any time in its sole discretion. Fees stated prior to the Consultation Plans being provided, as amended at Dockares’ sole discretion from time to time, shall apply.
      3. If you purchase any subscription based paid Consultation Plans, you authorize Dockare to charge you applicable fees at the beginning of every subscription period or at such intervals as applicable to the said Consultation Plan, and you authorise Dockare make such modification to the fee structure as required during the subsistence of a subscription period and also agree to abide by such modified fee structure.
      4. You agree that the billing credentials provided by you for any purchases from Dockare will be accurate and you shall not use billing credentials that are not lawfully owned by you.
      5. The User agrees to pay all subscription fees, consulting fees and other fees applicable to User’s use of Consultation Plans and the User shall not circumvent the fee structure. The fee is dependent on the Consultation Plan that User purchases. The Consultation Plan fee is nonrefundable.
      6. Each User is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. Dockare is in no way responsible for any of the User’s taxes or legal or statutory compliances, except for its own due diligence.
      7. Dockare may make available an offline fee payment facility, supported by a third party vendor. Dockare is not responsible for any loss or damage caused to the User using this payment facility provided by such third party vendor.
      8. All fees are exclusive of taxes. Service Tax and other statutory taxes as applicable are levied on every purchase.
      9. The payment process would be considered to be complete only on receipt of the fees into Dockares’ designated bank account.
      10. In order to process the fee payments, Dockare might require details of User’s bank account, credit card number and other such financial information. Users are directed to check our privacy policy on how Dockare uses the confidential information provided by Users.
      11. Dockare shall send an intimation of receipt of fee from the Users through an email within 7 (seven) working days of receipt of fee into Dockares’ designated bank account.
      12. Fees and charges shall be calculated solely based on records maintained by Dockare or its third party billing provider. No other information of any kind shall be acceptable by us or have any effect under this agreement. Decision of Dockare shall be final and binding in relation to any fees payable by Users.
      13. Dockare will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Consultation Plans, or parts thereof.
      14. The subscription fees are nontransferable and the payment made by the User for a particular Consultation Plan cannot be transferred or carried over to another Consultation Plan.