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Terms Conditions

Indiatopdoctors Technologies Private Limited, on behalf of itself and its affiliates/group companies under the brand "indiatopdoctors" (“indiatopdoctors”), is the author and publisher of the internet resource www.indiatopdoctors.com and the mobile application ‘indiatopdoctors’ (together, “Website”).

 indiatopdoctors HEALTH PLAN – USER TERMS AND CONDITIONS

For the purposes of the following terms and conditions (“indiatopdoctors Health Plan Terms”), the service provided to You (as defined below) is facilitation of consultation and other benefits, as detailed hereinafter, with the Practitioners (healthcare providers including all its doctors, agents, employees) registered pharmacies which facilitate the medicine orders (“Registered Pharmacies”) and diagnostic centres which conduct diagnostic tests (“Diagnostic Centres”), and other benefits the indiatopdoctors may offer in future, as a part of the subscription to the indiatopdoctors Health Plan (“Health Plan Service” / “Plan”). indiatopdoctors operates and facilitates the Health Plan Service provided through the Website.

  • 1.NATURE AND APPLICABILITY OF TERMS

    Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.indiatopdoctors.com/company/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by indiatopdoctors. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and indiatopdoctors in connection with your visit to the Website and your use of the Services (as defined below).

    The Agreement applies to you whether you are -

    • A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
    • A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
    • Otherwise a user of the Website (“you” or “User”).

    This Agreement applies to those services made available by indiatopdoctors on the Website, which are offered free of charge to the Users (“Services”), including the following:

    • For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
    • For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by indiatopdoctors, and (iii) to make appointments with Practitioners.

    The Services may change from time to time, at the sole discretion of indiatopdoctors, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

    This Agreement defines the terms and conditions under which you are allowed to use the Website 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 support@indiatopdoctors.com.

    By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, 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 Website 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 Website 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 Website or avail any Services.

    Your access to use of the Website and the Services will be solely at the discretion of indiatopdoctors.

    The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

    • the Indian Contract Act, 1872,
    • the (Indian) Information Technology Act, 2000, and
    • 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”).
  • 2.CONDITIONS OF USE

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

  • 3.TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

    The terms in this Clause 3 are applicable only to Users other than Practitioners.

    • 3.1END-USER ACCOUNT AND DATA PRIVACY
      • 3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
      • 3.1.2 indiatopdoctors may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of indiatopdoctors’s services and to build new services.
      • 3.1.3 The Website allows indiatopdoctors to have access to registered Users’ 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 Practitioners and their practice.
      • 3.1.4 The Privacy Policy sets out, inter-alia:
        • The type of information collected from Users, including sensitive personal data or information;
        • The purpose, means and modes of usage of such information;
        • How and to whom indiatopdoctors will disclose such information; and,
        • Other information mandated by the SPI Rules.
      • 3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
        • the fact that certain information is being collected;
        • the purpose for which the information is being collected;
        • the intended recipients of the information;
        • the nature of collection and retention of the information; and
        • the name and address of the agency that is collecting the information and the agency that will retain the information; and
        • the various rights available to such Users in respect of such information.
      • 3.1.6 indiatopdoctors shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to indiatopdoctors or to any other person acting on behalf of indiatopdoctors.
      • 3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify indiatopdoctors of any actual or suspected unauthorized use of the User’s account or password. Although indiatopdoctors will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of indiatopdoctors or such other parties as the case may be, due to any unauthorized use of your account.
      • 3.1.8If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or indiatopdoctors has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, indiatopdoctors has the right to discontinue the Services to the User at its sole discretion.
      • 3.1.9indiatopdoctors may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
      • 3.1.10Against every Practitioner listed in indiatopdoctors.com, you may see a ‘show number’ option. When you choose this option, you choose to call the number through a free telephony service provided by indiatopdoctors, and the records of such calls are recorded and stored in indiatopdoctors’s servers. Such call will have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by indiatopdoctors for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by indiatopdoctors should be used only for appointment and booking purposes, and not for consultation on health-related issues. indiatopdoctors accepts no liability if the call facility is not used in accordance with the foregoing. indiatopdoctors may also choose to not use this facility and show the practitioner's direct number. In case you choose to not provide your consent to recording your calls that may have personal information required for appointment and booking purposes, indiatopdoctors reserves the right to not provide the Services for which such personal information is sought.
    • 3.2RELEVANCE ALGORITHM

      indiatopdoctors’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by indiatopdoctors. indiatopdoctors will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. indiatopdoctors in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.

    • 3.3LISTING CONTENT AND DISSEMINATING INFORMATION
      • 3.3.1indiatopdoctors collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. indiatopdoctors takes reasonable efforts to ensure that such information is updated at frequent intervals. Although indiatopdoctors screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
      • 3.3.2The Services provided by indiatopdoctors or any of its 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). indiatopdoctors does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. indiatopdoctors does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, indiatopdoctors disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by indiatopdoctors or any User in relation to any User or services provided by such User.
      • 3.3.3The Website may be linked to the website of third parties, affiliates and business partners. indiatopdoctors has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that indiatopdoctors endorses the linked site. User may use the links and these services at User’s own risk.
      • 3.3.4indiatopdoctors 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 Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
      • 3.3.5If indiatopdoctors determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, indiatopdoctors reserves the right to immediately suspend your access to the Website or any of your accounts with indiatopdoctors and makes such declaration on the website alongside your name/your clinic’s name as determined by indiatopdoctors for the protection of its business and in the interests of Users. You shall be liable to indemnify indiatopdoctors for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected indiatopdoctors or its Users.
      • 3.3.6The information published under the head of "Industry wide city-wise Pricing Graph" is derived from a benchmarking group that is determined to be relevant by indiatopdoctors in the relevant city. indiatopdoctors has published this information for guidance purpose and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. indiatopdoctors is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.
    • 3.4BOOK APPOINTMENT AND CALL FACILITY

      indiatopdoctors enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the Website; b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Website.

      • 3.4.1indiatopdoctors will ensure Users are provided confirmed appointment on the Book facility. However, indiatopdoctors has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. Provided, it does not fall under the heads listed under the indiatopdoctors Guarantee Program, in which case the terms of this program shall apply.
      • 3.4.2If a User has utilized the telephonic services, indiatopdoctors reserves the right to share the information provided by the User with the Practitioner and store such information and/or conversation of the User with the Practitioner, in accordance with our Privacy Policy.
      • 3.4.3The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by indiatopdoctors of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
      • 3.4.4 Without prejudice to the generality of the above, indiatopdoctors is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that indiatopdoctors will not be liable for:
        • User interactions and associated issues User has with the Practitioner;
        • the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
        • any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
        • inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
        • any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
        • cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under, indiatopdoctors Guarantee Program.
      • 3.4.5Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, indiatopdoctors shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website.
      • 3.4.6In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the concerned Practitioner’s clinic:
        • User’s account will be temporarily disabled from booking further online appointments on indiatopdoctors.com for next four (4) months, in case of, three(3) Valid PNS, as per the Patient-No-Show Policy. However, the User can continue to call the clinic via indiatopdoctors.com to get an appointment.
        • Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same. When Practitioner informs indiatopdoctors of the incident or marks a particular appointment as P.N.S. using the indiatopdoctors Ray software or indiatopdoctors Pro App within five (5) days of the scheduled appointment, an email and SMS (“PNS Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 3.4.6(c), for not showing up, indiatopdoctors shall be entitled to take actions as under Clause 3.4.6 (a). However Users understand that, actions such as ones mentioned under Clause 3.4.6(a) are included as a deterrent to stop Users from misusing the Website, and the loss of business hours incurred by the Practitioner.
        • Following instances, solely at the discretion of indiatopdoctors, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized as per Clause 3.4.6 (a):
          • User does not reply within seven (7) days, with reasons to PNS Communication, from the date of receipt of such PNS Communication;
          • In case User responds to the PNS Communication with below reasons:
            • Forgot the appointment
            • Chose to visit another Practitioner/consulted online;
            • Busy with other work; or such other reasons (which indiatopdoctors at its discretion decides to be a valid reason to not show up).
          • Where the User has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of indiatopdoctors, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.
        • indiatopdoctors reserves the right to make the final decision in case of a conflict. The total aggregate liability of indiatopdoctors with respect to any claims made herein shall be INR 200.
      • 3.4.7Cancellation and Refund Policy
        • In the event that, the Practitioner with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at support@indiatopdoctors.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.
        • Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.
    • 3.5NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
      • 3.5.1Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (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 indiatopdoctors 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 practitioner.
      • 3.5.2It is hereby expressly clarified that, the Information that you obtain or receive from indiatopdoctors, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website 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 Website. 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.
      • 3.5.3The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
    • 3.6CONSULT
    • 3.7indiatopdoctors HEALTH FEED

      These terms & conditions governing indiatopdoctors Health feed are applicable to Users (being both end-users/ Practitioner). However, it is clarified that the terms and conditions herein applicable only to Practitioners and applicable to Users are called out separately, as the context warrants.

      • 3.7.1indiatopdoctors Health feed is an online content platform available on the Website, wherein Practitioners who have created a indiatopdoctors profile can login and post health and wellness related content.
      • 3.7.2Practitioners can use indiatopdoctors Health feed by logging in from their health account, creating original content comprising text, audio, video, images, data or any combination of the same (“Content”), and uploading said Content to indiatopdoctors’s servers. indiatopdoctors will make available to the User a gallery of images licensed by indiatopdoctors from a third party stock image provider (“indiatopdoctors Gallery”). The User can upload their own images or choose an image from the indiatopdoctors Gallery. indiatopdoctors does not provide any warranty as to the ownership of the intellectual property in the indiatopdoctors Gallery and the User acknowledges that the User will use the images from the indiatopdoctors Gallery at their own risk. indiatopdoctors shall post such Content to indiatopdoctors Health feed at its own option and subject to these Terms and Conditions. The Content uploaded via indiatopdoctors Health feed does not constitute medical advice and may not be construed as such by any person.
      • 3.7.3Practitioners acknowledges that they are the original authors and creators of any Content uploaded by them via indiatopdoctors Health feed and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. indiatopdoctors reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright or other proprietary rights. Practitioner agrees to absolve indiatopdoctors from and indemnify indiatopdoctors against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Practitioner’s uploading of any Content on the indiatopdoctors Health feed. The Practitioner may not use the images in the indiatopdoctors Gallery for any purpose other than those directly related to the creation and uploading of Content to indiatopdoctors Health feed. The Practitioner also agrees to absolve indiatopdoctors from and indemnify indiatopdoctors against all claims that may arise as a result of any third party intellectual property claim if the Practitioner downloads, copies or otherwise utilizes an image from the indiatopdoctors Gallery for his/her personal or commercial gain.
      • 3.7.4Practitioner hereby assigns to indiatopdoctors, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via indiatopdoctors Health feed.
      • 3.7.5indiatopdoctors shall have the right to edit or remove the Content and any comments in such manner as it may deem indiatopdoctors Health feed at any time.
      • 3.7.6Practitioner 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, Practitioner 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. indiatopdoctors 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. Also, the Practitioner agrees to absolve indiatopdoctors from and indemnify indiatopdoctors against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the Practitioner on indiatopdoctors Health Feed.
      • 3.7.7Practitioner shall ensure that no portion of the Content is violative of any law for the time being in force.
      • 3.7.8Practitioner 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 Practitioner 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.
      • 3.7.9User may also use indiatopdoctors Health feed in order to view original content created by Practitioners and to create and upload comments on such Content, where allowed (“User Comment”).
      • 3.7.10User acknowledges that the User Comment reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of indiatopdoctors.
      • 3.7.11User agrees that the Content they access on indiatopdoctors Health feed does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the User. The User agrees to absolve indiatopdoctors from and indemnify indiatopdoctors against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on indiatopdoctors Health feed.
      • 3.7.12User acknowledges that all intellectual property rights in the User Comment on indiatopdoctors Health feed vests with indiatopdoctors. The User agrees not to infringe upon indiatopdoctors’s intellectual property by copying or plagiarizing content on indiatopdoctors Health feed. indiatopdoctors reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. Also, User Comment will be the sole intellectual property of indiatopdoctors. The User agrees not to post User Comment that would violate the intellectual property of any third party, including but not limited to patent, trademark, copyright or other proprietary rights. indiatopdoctors reserves the right to remove any User Comment which it may determine at its own discretion as violating the intellectual property rights of any third party. The User agrees to absolve indiatopdoctors from and indemnify indiatopdoctors against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User Comment.
      • 3.7.13User shall ensure that the User Comment is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, User should ensure that the User Comment 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. indiatopdoctors 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 Also, the User agrees to absolve indiatopdoctors from and indemnify indiatopdoctors against all claims that may arise as a result of any legal claim arising from the nature of the User Comment.
      • 3.7.14User shall ensure that the User Comment is not threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Practitioner shall ensure that the User Comment will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.
    • 3.8CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
      • 3.8.1The contents listed on the Website are (i) User generated content, or (ii) belong to indiatopdoctors. The information that is collected by indiatopdoctors directly or indirectly from the End- Users and the Practitioners shall belong to indiatopdoctors. Copying of the copyrighted content published by indiatopdoctors on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and indiatopdoctors reserves its rights under applicable law accordingly.
      • 3.8.2indiatopdoctors authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "indiatopdoctors Content"), are the property of indiatopdoctors and are protected under copyright, trademark and other laws. User shall not modify the indiatopdoctors Content or reproduce, display, publicly perform, distribute, or otherwise use the indiatopdoctors Content in any way for any public or commercial purpose or for personal gain.
      • 3.8.3User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
  • 3.9PATIENT STORIES

    By using this Website, you agree that any information shared by you with indiatopdoctors or with any Practitioner will be subject to our Privacy Policy.

    You are solely responsible for the content that you choose to submit for publication on the Website, including any patient stories or recommendations (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of indiatopdoctors in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. indiatopdoctors 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. indiatopdoctors shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.

    Your publication of patient stories on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website 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 IG Rules and SPI Rules. indiatopdoctors, at its sole discretion, may choose not to publish your patient stories, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that indiatopdoctors may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

    • Obtaining feedback in relation to Website or indiatopdoctors’s services; and/or
    • Obtaining feedback in relation to any Practitioners listed on the Website; and/or
    • Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;

    and you agree to provide your fullest co-operation further to such communication by indiatopdoctors. indiatopdoctors’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.

  • 3.10RECORDS

    indiatopdoctors may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘indiatopdoctors’. Information available in your Records is of two types:

    • User-created: Information uploaded by you or information generated during your interaction with indiatopdoctors ecosystem, eg: appointment, medicine order placed by you.
    • Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘indiatopdoctors Ray’ or other Services of indiatopdoctors software.

     

    The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

    • 3.10.1Your Records is only created after you have signed up and explicitly accepted these Terms.
    • 3.10.2Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and indiatopdoctors does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
    • 3.10.3The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, indiatopdoctors is not liable for any interruption that may be caused to your access of the Services.
    • 3.10.4The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by indiatopdoctors, you should refer to your prescription before taking any medicines. indiatopdoctors is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the indiatopdoctors app.
    • 3.10.5It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. indiatopdoctors is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with indiatopdoctors.
    • 3.10.6indiatopdoctors uses industry–level security and encryption to your Health Records. However, indiatopdoctors 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 indiatopdoctors of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@indiatopdoctors.com.
    • 3.10.7If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health 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. indiatopdoctors assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify indiatopdoctors and its officers against any such claim or liability arising out of unauthorized use of such information.
    • 3.10.8In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
    • 3.10.9You may lose your “User created” record, if the data is not synced with the server.
    • 3.10.10If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
    • 3.10.11indiatopdoctors is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
    • 3.10.12The Health Records are shared with the phone numbers that are provided by your Practitioner. indiatopdoctors is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
    • 3.10.13indiatopdoctors is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
    • 3.10.14indiatopdoctors has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
    • 3.10.15indiatopdoctors will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
    • 3.10.16You agree and acknowledge that indiatopdoctors 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.
    • 3.10.17You acknowledge that the Practitioners you are visiting may engage indiatopdoctors's software or third party software for the purposes of the functioning of the Practitioner’s business and indiatopdoctors's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws.
    • 3.10.18To the extent that your Records have been shared with indiatopdoctors or stored on any of the indiatopdoctors products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by indiatopdoctors pertaining to such previously visited clinics and hospitals who have tie ups with indiatopdoctors for the purposes of their business and for indiatopdoctors's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with indiatopdoctors, to the mapping of such Records as may be available in indiatopdoctors’s database to your User account.
  • 3.11indiatopdoctors MEDICINE INFORMATION

    For detailed terms and conditions regarding medicine information click here.

  • 3.12indiatopdoctors Q&A
    • 3.12.1Terms for Practitioners:
        • Every Practitioner on the Q&A Platform must be qualified in the area of expertise that he represents as being his qualification.
        • The Q&A Platform is a platform for exchange of information which is of general nature in a question and answer format. The Q&A Platform is not for emergency situations.
        • Any Q&A interaction cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever.
        • indiatopdoctors Users may post questions on medical issues (“Querist”), and these queries can be answered by multiple Practitioners on the Q&A Platform. It is expressly clarified that no doctor-patient relationship is established between the Querist and Practitioner, in any manner whatsoever, by indulging in this Q&A.
        • The Practitioner may provide probable views, recommendations, suggestions and solutions to the question posted by a Querist. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as medical advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard.
        • Practitioner shall not share their personal, religious and/or moral views with the Querist while issuing their response.
        • The Practitioner cannot issue and/or prescribe any medicines on the Q&A platform. It is a platform for only exchange of information and not a consultation/ medical advice.
        • The Practitioner is absolutely and expressly prohibited to:
          • Provide a medical diagnosis;
          • Issue a prescription;
          • Post any response which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
          • Advertise any brand of drugs, supplements, vaccines and medications, in any manner of whatsoever;
          • 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;
          • Promote content and activities which are illegal in nature;
        • In the event of any breach of these QA T&C, indiatopdoctors will take appropriate action inter alia ranging from issuing warnings to removal of Practitioner from the Q&A Platform, in its sole and absolute discretion, on a case to case basis.
        • Any liability arising out of the response issued by a Practitioner will be borne solely by the Practitioner. Q&A Platform is only a platform interface provided by indiatopdoctors for sharing and exchanging information purposes.
        • The Q&A Platform shall be audited on a regular basis by indiatopdoctors for ascertaining compliance by the Practitioner to Paragraph 6, and the Practitioners 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 Practitioner.
        • All general indiatopdoctors Terms and Conditions shall govern the QA T&C to the extent applicable. Decision of indiatopdoctors is final and binding on the issues arising under the QA T&C and indiatopdoctors Terms and Conditions.
    • 3.12.2Terms for User/Querist:
        • The personally identifiable information of the querist shall be anonymized by indiatopdoctors prior to posting the question on the Q&A Platform;
        • Q&A Platform is a public forum for exchange of information, hence, any question posted by a querist is visible publicly. It is advisable for a User to ensure that no confidential information is published by them on the Q&A Platform.
        • User shall not use the Q&A Platform for emergency situations.
        • The User is prohibited to post any query/issue on the Q&A Platform, which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
        • Any response provided by the Practitioner shall not be construed as medical advice on the Q&A Platform. Q&A Platform is a platform for exchange of information which is of general nature in a question and answer format. This cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever.
        • It is expressly clarified that no doctor-patient relationship is established between the user and Practitioner, in any manner whatsoever, by indulging in this Q&A. The Practitioner may provide probable views, recommendations, suggestions and solutions to the question posted. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as medical advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard.
        • All general indiatopdoctors Terms and Conditions shall govern the QA T&C to the extent applicable. Decision of indiatopdoctors is final and binding on the issues arising under the QA T&C and indiatopdoctors Terms and Conditions.
  • 3.13indiatopdoctors DIAGNOSTICS

    For detailed terms and conditions regarding diagnostics click here.

  • 3.14 indiatopdoctors HEALTHCASH
    • 3.14.1 indiatopdoctors HealthCash is a grant of benefit in the form of credits in the indiatopdoctors accounts of the Users (“indiatopdoctors HealthCash”) in the form and under such circumstances decided by indiatopdoctors from time to time.
    • 3.14.2 indiatopdoctors HealthCash can be redeemed by the User only to pay online for the following services on the Website:
      • Ordering medicines online;
      • Consulting a doctor online;
      • Booking diagnostic tests and health check-ups;
      • Pre-paying for doctor appointment bookings; and
      • Subscribing to Healthcare plans.
      (The above services on the Website are collectively referred to as “Permitted Services”.)
    • 3.14.3 Every time a User using (i) Android version 4.31 or above; or (ii) iOS version 4.24 or above of the indiatopdoctors mobile application; or (iii) the indiatopdoctors website (www.indiatopdoctors.com), uses HealthCash to pay online for any of the Permitted Services availed by him/her, only such percentage of the total amount to be paid for the availed Permitted Services, as may be prescribed by indiatopdoctors from time to time on the respective indiatopdoctors mobile application or website ( www.indiatopdoctors.com ), can be redeemed by such User using the indiatopdoctors HealthCash per transaction.
    • 3.14.4 indiatopdoctors HealthCash neither can be converted to actual money nor can be transferred to any bank accounts.
    • 3.14.5 The indiatopdoctors HealthCash received by each User may or may not have an expiry date associated with it and the said expiry date is subject to the following:
      • The expiry date associated with indiatopdoctors HealthCash may vary from time to time. However, the same cannot exceed beyond 2 (Two) years
      • The expiry date of indiatopdoctors HealthCash may be intimated to each User by way of SMS or e-mail or in-App notification on the Website.
      • The expiry date of indiatopdoctors HealthCash can be viewed by each User in the designated page for HealthCash in the Website.
      • The User acknowledges that indiatopdoctors has agreed to offer indiatopdoctors HealthCash in its sole discretion. Nothing in these Terms shall be interpreted to restrict indiatopdoctors’s right to withdraw the indiatopdoctors HealthCash before the expiry date.
    • 3.14.6 indiatopdoctors reserves its discretion to deny indiatopdoctors HealthCash to any User in its sole discretion, notwithstanding compliance by such User of the requirements set out in the Terms, applicable law or otherwise.
    • 3.14.7 Other than the conditions set out in these Terms, accrual, utilization, expiry or any other treatment of indiatopdoctors HealthCash may be further restricted by the terms governing the specific service or facility offered by indiatopdoctors or its business associates, the procurement of which entitles indiatopdoctors HealthCash to a User (“HealthCash Terms”). In the event of any inconsistency between these Terms and the HealthCash Terms in relation to accrual, utilization, expiry or any other treatment of indiatopdoctors HealthCash by a User, the HealthCash Terms shall override these Terms to the extent of such inconsistency.
  • 4. TERMS OF USE PRACTITIONERS

    The terms in this Clause 4 are applicable only to Practitioners.

    • 4.1 LISTING POLICY
      • 4.1.1indiatopdoctors, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. indiatopdoctors reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform indiatopdoctors immediately to enable indiatopdoctors to make the necessary amendments.
      • 4.1.2indiatopdoctors shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
      • 4.1.3indiatopdoctors 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 indiatopdoctors, where the User has expressly or implicitly consented to the making of disclosures or publications by indiatopdoctors. If the User had revoked such consent under the terms of the Privacy Policy, then indiatopdoctors 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 indiatopdoctors prior to its actual receipt of such revocation.
      • 4.1.4indiatopdoctors reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, indiatopdoctors shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
      • 4.1.5Practitioners explicitly agree that indiatopdoctors reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
      • 4.1.6When you are listed on indiatopdoctors.com, End-Users may see a ‘show number’ option. When End-Users choose this option, they choose to call your number through a free telephony service provided by indiatopdoctors, and the records of such calls are recorded and stored in indiatopdoctors’s servers. Such call will have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by indiatopdoctors for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to End-Users and to you by indiatopdoctors should be used only for appointment and booking purposes, and not for consultation on health-related issues. indiatopdoctors accepts no liability if the call facility is not used in accordance with the foregoing. In case you choose to not provide your consent to recording your calls that may have personal information required for appointment and booking purposes, indiatopdoctors reserves the right to not provide the Services for which such personal information is sought.
      • 4.1.7You as a Practitioner 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 indiatopdoctors accepts no liability for the same.
    • 4.2PROFILE OWNERSHIP AND EDITING RIGHTS

      indiatopdoctors ensures easy access to the Practitioners by providing a tool to update your profile information. indiatopdoctors reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, indiatopdoctors 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 indiatopdoctors’s 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, indiatopdoctors may modify or delete parts of your profile information at its sole discretion with or without notice to you.

    • 4.3PATIENT STORIES DISPLAY RIGHTS OF indiatopdoctors
      • 4.3.1All Critical Content is content created by the Users of www.indiatopdoctors.com (“Website”) and the clients of indiatopdoctors customers and Practitioners, including the End-Users. As a platform, indiatopdoctors 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. The role of indiatopdoctors and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. indiatopdoctors’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
      • 4.3.2indiatopdoctors reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
      • 4.3.3indiatopdoctors 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.
      • 4.3.4You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. indiatopdoctors shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. indiatopdoctors however, as an ‘intermediary, takes steps as required to comply with applicable<