Terms Conditions Doctor

Terms and Conditions

VCI DOCTORS Application

With effect from 09.07.2021

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS MOBILE APPLICATION YOU AGREE TO BE BOUND BY ALL OF THE BELOW TERMS AND CONDITIONS AND PRIVACY POLICY.

  1. Introduction
    • This mobile application / website under the name and style “VCI Doctors” is owned, operated and made available by Wali Medicare Private Limited (“Company”, “we” or “us” or “our”), and includes our successors-in-interest and assignees as determined by us, at our sole discretion and without requiring any prior notice or intimation to You.
    • Please read these Terms and Conditions, along with the Privacy Policy available at videoclinicindia.com and all other rules and policies made available or published on the Application as they shall govern Your use of the Application and the services provided thereunder.
    • Your use of the Services (as defined herein) is subject to these terms and conditions contained herein.
    • These Terms and Conditions are an electronic record as per the Information Technology Act, 2000 (as amended / re-enacted) and the rules made thereunder (“IT Act") and is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandates publishing of rules and regulations, privacy policy and terms and conditions for access or usage of any application. This electronic record is generated by a computer system.
  2. Entire Agreement

This Agreement (hereinafter defined) sets out the terms under which the User(s) (hereinafter defined) is/are permitted to use the Application and the Services available thereunder.

  1. Acceptance of Terms
    • By downloading and/or by registering or signing up for these Services, or otherwise having access to, receiving, and/or using the Application, You acknowledge that You have read, understood and consented to be governed and bound by these Terms and Conditions and the Privacy Policy. If You do not accept or agree to any part of these Terms and Conditions or the Privacy Policy, Your usage of the Services will be terminated.
    • We reserve the right to (i) accept or reject the request of the User(s) to create an account, (ii) terminate the account of registered User(s) for unauthorized use, or (iii) refuse the Services offered through this digital platform due to non-availability of Services.
  2. Changes
    • We reserve the right to modify, update, change, edit, alter, amend, revise or substitute (collectively “Revisions”) the Agreement from time to time. Any Revisions made will be effective immediately upon their posting on the Application.
    • Any material changes will be notified to the User(s) either through the Services, SMS or in-app push notifications. User(s) are encouraged to review these Terms periodically for any updates or Revisions. User(s) continued use of the services consequent to any Revisions, shall be deemed acceptance of such Revisions/revised terms and conditions.
  3. Definitions
    • Agreement” means these Terms and Conditions of Use, together with Privacy Policy, and additional terms wherever applicable.
    • Application” means the VCI Doctors mobile application /website which User(s) can download from Google Play Store or Apple App Store / website.
    • Application User” means such patients or his/her representatives that are using the Video Clinic India application for the purpose of identifying an HCP to avail consultation and/or prescription services by an HCP;
    • HCP” means a healthcare professional who is registered to practice medicine in India.
    • Services” means healthcare services including but not limited to (a) facilitating video consultation with Application Users; (b) facilitating Application Users to book physical consultations with You in accordance with these Terms.
    • Territory” means the Republic of India.
    • Unregistered User” means any visitor to the Application.
    • User(s)” means any HCP who has created User Account. User(s) may be referred to as You, Your, him, her, they, as the context may require.
    • User Account” means the account created by the User(s) (pursuant to the acceptance of such account creation by us), on the Application by submitting their details as is required, for availing or providing the Services,
  4. Interpretation
    • In this Agreement,
      • The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of content thereof and shall not be used to interpret the provisions of this Agreement.
      • The terms “hereof”, “herein”, “hereto”, “hereunder” or similar expressions used in this Agreement mean and refer to this Agreement and not to any particular Clause of this Agreement. The terms “Clause” or “sub-clause” mean and refer to the Clause or sub-clause of this Agreement.
      • Any reference to any statute or statutory provision shall include: (i) all subordinate legislation made from time to time under that provision (whether or not amended, modified, re-enacted or consolidated), and (ii) such provision as from time to time amended, modified, re-enacted or consolidated (whether before or after the date of this Agreement) to the extent such amendment, modification, re-enactment or consolidation applies or is capable of applying to any transactions entered into under this Agreement and (to the extent liability thereunder may exist or can arise) shall include any past statutory provision (as from time to time amended, modified, re-enacted or consolidated) which the provision referred to has directly or indirectly replaced; and
      • No rule of construction or interpretation shall apply to the disadvantage or detriment to us for having control or being responsible for the preparation of this Agreement.
  1. Access
    • The Application can be browsed and accessed by Unregistered User(s)) as well as User(s).
    • You agree not to access any content of Application through any technology or means other than the means made available by us.
    • You agree not to circumvent, disable or otherwise interfere with security-related features of the Application or features that prevent or restrict use or copying of any restricted information.
  2. Registration and Eligibility

 

  • In order to use and avail the Services, You are required to register a User Account with us by providing personal information relating to You, and You hereby covenant that You shall provide us with accurate, correct and complete registration information including but not limited to, (i) Your name; (ii) Your gender; (iii) Your date of birth, (iii) Your contact details (such as your phone number); (iv) Your registration number issued by the Indian Medical Council; (v) Your educational qualifications; (vi) Your past area of specialization in medicine; (vii) the name and address of Your clinic; (viii) the hours of operation of your clinic for the purpose of providing services to the Application Users; (ix) A scanned copy of Your medical certificate; and (x) Your signature. You shall ensure that the requisite information provided by You to us for the Services, is absolutely true, up-to-date and correct and nothing material has been concealed, and that You agree to maintain the accuracy of such information. We will not be liable for any incident occurring due to incorrect or insufficient information provided by You.
  • You acknowledge that Your mobile phone number and one-time password(s) (OTP) for the Application (collectively referred to as "Login Details") is for Your exclusive use only. Use or sharing of Your Login Details with another User(s) or person is not permitted and is cause for immediate blocking of Your access to the Application, the Services and the content provided by us.
  • You are solely responsible for maintaining the confidentiality of Your Login Details and for all activities that occur under it. You agree to immediately notify us if You become aware of or have reason to believe that there is any unauthorized use of Your Login Details. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with us in any investigation of such unauthorized uses. We shall not under any circumstances be held liable for any claims related to the use or misuse of Your Login Details due to the activities of any third party outside of our control or due to Your failure to maintain the confidentiality and security of Your Login Details.
  • You acknowledge and understand that You will require a stable internet connection to avail the Services;
  • Registration as a user is only a one-time process and if You have been previously registered, You shall login / sign into Your account using the existing Login Details.
  • Notwithstanding anything contained herein, You shall not:
    • provide any false personal information to us (including a false/fraudulent Login Details) or create any account for anyone other than Yourself without such person's explicit permission;
    • use the Login Details that is the name of another person with the intent to impersonate that person;
    • use the Login Details that is subject to any rights of a person other than You without appropriate authorization; or
    • use/generate the Login Details that may be, in our sole opinion, offensive, vulgar, obscene or otherwise unlawful.
  • The subscription of the Services is not transferable, i.e., only the person on whose name the subscription is made will be eligible to avail the Services.
  1. Services

The Application is an online platform that acts as an intermediary for Application Users searching for various online medical services and other ancillary support services including but not limited to via the Video Clinic India application, connect with HCP on the Application for the purpose of: (i) having a video consultation between You and the Application User for non-emergency medical care; (ii) enable the appointment of physical consultations booked by Application Users on the Video Clinic India application, with You and (iii) tracking and displaying (a) appointments scheduled by Application Users with You and (b) fees received by You from appointments scheduled by Application Users.

  1. Terms of Services
    • Video consultation with You for non-emergency medical care:
      • We will make Your profile available on Video Clinic India application for Application Users to review.
      • From the results displayed, Application User(s) may at their discretion, book an appointment on the Video Clinic India application for availing your services as per the available times slot provided by You on the Application.
      • Subject to the terms of the Agreement, You will be permitted to reject an appointment request by an Application User
      • You will be required to log in at the scheduled time based on the confirmation by the Application User, and initiate the call with the Application User to begin the consultation.
      • In the event there are disruptions, blurring, call break down or any other connectivity issues, during the consultation resulting in non-completion of the Service, although under no obligation, we shall make reasonable efforts to reconnect the call between You and the Application User.
      • You acknowledge and agree that the You alone be liable and responsible for any act or omission or commission on Your part, including but not limited to (i) the treatment, prescription, medication provided to Application User(s) or (ii) for medical negligence arising out of Your services. You acknowledge and agree that we shall not be liable in any way for any claims with respect to Your services.
  1. Payment Terms
    • You explicitly agree to receive the fees for the Services that You avail through the Application. All payments shall be through the payment mechanism put in place by us on the Application. Any charges levied by Us for the Services, are subject to all applicable taxes and subject to a periodic review and revisions at our sole discretion and such revisions may be intimated to You as and when required. Please note that Your network operator may also separately charge You for data and other usage.
    • While receiving payments though the payment gateways set up by us, You hereby agree to be governed and bound by the terms and conditions of the third-party payment gateway service providers.
    • Notwithstanding the above, it is clarified that if an Application User opts to avail the services relating to booking a physical consultation with You, all charges levied by the You will be transacted directly with such Application User.
    • While availing any of the payment methods made available through the Services, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
      • lack of authorization for any transaction/s; or
      • exceeding of the pre-set limit mutually agreed between You and the third-party payment gateway service providers You deal with; or
      • any payment issues arising out of the transaction.
  1. Refunds and Cancellations
    • If an Application User cancels an appointment with You 24 (twenty four) hours prior to the scheduled appointment with You, the Application User will receive a refund of the fees paid for such appointment.
    • If an Application User cancels an appointment with You between 24 (twenty four) hours and 2 (two) hours prior to the scheduled appointment with You, the Application User will receive a refund of 50% (fifty percent) the fees paid for such appointment.
    • If an Application User cancels an appointment with You 2 (two) hours or less prior to the scheduled appointment with You, the Application User will not be entitled to a refund of any of the fees paid for such appointment. Similar if an Application User schedules an appointment with You and does not participate in the consultation, the Application User will not be entitled to a refund of the fees paid for such appointment.
    • If You cancel an appointment with an Application User, or do not participate in such consultation, the Application User shall be entitled to a refund of the fees paid for such appointment.
  2. Conditions To Use
    • The Services will be provided on a best-efforts basis. We will make reasonable efforts and shall endeavor that You are able to use the Services without undue disruption, interruption or delay.
    • Once You create an account on the Application, You may receive updates, promotional materials and other information we may send with regards to the Service, or new services we may offer. You hereby consent to receiving all such commercial communications from us. You may opt out of receiving any, or all, of these commercial communications from us by notifying us at admin@videoclinicindia.com.
    • When You avail the Services, You agree that You are involved in the transmission of sensitive and personal information, especially information related to Your health and other medical information. You agree and consent to us collecting, using, storing and processing the above stated information, in accordance with the Privacy Policy.
    • You shall promptly confirm or reject an appointment request after receiving an Application User’s communication of an appointment.
    • You acknowledge and agree that, the Company will display on the Application, other HCPs available for Further, You understand that the Company shall not be liable and responsible for the ranking of HCPs on external mobile applications and search engines.
    • You shall treat the Application User, on an equal footing, as You would have otherwise treated the Application User in a physical one-on-one consultation.
    • You shall provide the consultation and /or diagnostic services with utmost care, in compliance with all applicable laws. You understand that if the Company determines that You have / had performed any Services in contravention of applicable law, the Company shall, without prejudice to its rights under applicable law, at its sole discretion, terminate the Agreement with You.
    • You agree and acknowledge that the Company makes no promise or guarantee for and is in no manner liable for: (i) revenue or profits, (ii) the true identity of any Application User (iii) data or information provided by an Application User or (iv) any uninterrupted communication with an Application User during a consultation. It shall be Your responsibility to ensure that the information provided by the Application User is accurate and not incomplete.
    • You agree and understand that the information disclosed by the Application User at the time of consultation is personal information, which shall be treated as confidential information and is subject to all applicable laws.
    • You agree and acknowledge that the Company may: (a) include a description of the services provided by You in the Company’s marketing and promotional materials; (b) request You to serve as a reference to the Company’s existing and potential clients; (c) request You to provide video logs, testimonials and/or interviews to the news media and provide quotes for press releases.
    • You agree and acknowledge that in case incorrect bank account details are provided You, for receipt of the fees, the Company will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction, You may contact admin@videoclinicindia.com
  3. Intellectual Property
    • All trademarks, information, content, marks, texts, video, software and material on the Application and Services are our intellectual property. You covenant not to reproduce whether in whole or party of the aforementioned intellectual property, except with our prior written consent.
    • You undertake to use the Services and our intellectual property only for the purposes specified in these Terms and Conditions.
  4. Rules and Conduct
    • As a condition of use, You covenant not to use the Service for any purpose that is prohibited by the Agreement or by the applicable laws of India in force including but not limited to the Indian Medical Council (Professional Conduct, Etiquette and Ethics) (Amendment) Regulations, 202 You are responsible for all of Your activities in connection with the Service.
    • You covenant not to prescribe any drugs to Application Users in contravention of applicable law.
    • By way of examples, and not as a limitation, You shall not take any action that:
      • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty or obligations of confidentiality;
      • You know is false, misleading, untruthful or inaccurate;
      • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as solely determined by us;
      • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
      • involves sharing any link or data that contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any of our system, data, OTP or other information or any third party;
      • impersonates any person or entity, including any of our employee or representative;
      • includes anyone's identification documents or sensitive financial information, unless expressly authorised to do so; or
      • breaches the Privacy Policy and/or any of the other policies and rules incorporated here
    • You shall not (directly or indirectly):
      • interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
      • bypass any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
      • modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service, except as expressly authorized by us;
      • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any hardware, or source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
      • copy, rent, lease, distribute, or otherwise transfer any of the rights that You receive hereunder;
      • delete or modify any content of the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
      • use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into any Services or any operating system;
      • not make false or malicious statements against the Services or us; or
      • otherwise take any action in violation of our guidelines and policies.
    • By using the Services, You represent and warrant that You have the legal capacity to consent to this Agreement and its rules of conduct as specified here.
    • We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User(s) support requests, or (v) protect our rights, property or safety, our User(s)/ subscribers and the public.
  5. Indemnity

To the extent permitted by law, You agree to indemnify us, from and against any losses, damages, costs, expenses and claims arising out of (i) Your use of the Services; (ii) any breach of the Agreement by You; (iii) infringement of intellectual property rights or any confidentiality obligations; (iv) Your gross negligence, willful misconduct or fraud; (v) violation of any applicable law by You or (vi) any actions or omissions by You that gave rise to the claim.

  1. Termination

We may terminate Your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and deletion of all information associated with Your membership or Your subscription. If You wish to terminate Your account, You may do so notifying us at admin@videoclinicindia.com. All provisions of the Agreement which by their nature survive termination shall survive termination, including, without limitation, Intellectual Property (Clause 14), Indemnity (Clause 17) and Our Warranties, Disclaimers and Limitations of Liability (Clause 20) and Governing Law (Clause 21).

  1. Force Majeure
    • We shall not be liable to the User(s) for any delay or non-performance of our obligations arising from any cause beyond our reasonable control including but not limited to any act of God, governmental act, act of any regulatory authority, supervening illegality, war, malicious damage, fire, flood, epidemics, pandemic(s), including but not limited to coronavirus (COVID-19) or any other health risk outbreaks, explosion, power blackout, breakdown of any equipment, loss of utility, civil commotion, industrial dispute, acts or omissions of telecommunications or data communications operators or carriers or of any other third parties or, in relation to the Services any technical or other problems affecting any operation of the Services (a "Force Majeure Event"). We shall as practicable as possible shall promptly notify the User(s) orally or in writing, as the circumstances warrant, of the cause and the Force Majeure Event and its likely duration.
  2. Your Representations and Warranties
    • You hereby represent and warrant to us that:
    • You are competent to contract under Indian Contract Act, 1872;
    • the Information given by You to us, on this Application is accurate, true and nothing material is concealed by them;
    • You are a registered medical practitioner, as per applicable law;
    • Your use of the Services will not result in the breach of any contract with a third party.
    • the Agreement constitutes a valid and binding obligation enforceable against You;
    • Your acceptance, Your performance of the obligations hereunder and Your compliance with the provisions hereof will not violate, contravene or breach or create a default under any agreement, instrument, charter or by-law provision, statute, regulation, judgment, ordinance, decree, writ, injunction or applicable laws;
    • You will not use the User Account for unlawful or unauthorized purposes.
  3. Our Warranties, Disclaimers and Limitations of Liability
    • Save to the extent required by law, we have no special relationship with or fiduciary duty to You. You acknowledge that we have no control over, and no duty to take any action regarding: what effects the Services may have on You or how You benefit from the Services.
    • You understand and acknowledge that Your subscription or use of the Services does not in any way guarantee any cure to Your medical conditions.
    • In no event shall we be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by You, whether in an action in contract or tort, arising from Your access to, or use of, the Application or any content provided on or through the Application.
    • Our liability for any and all claims in the aggregate, arising out of or related to Your use of the Application, shall not under any circumstances exceed the amounts actually paid by You to us towards our Services.
    • We do not warrant that the operation of the Service will be uninterrupted or error-free.
    • By utilizing the Services, You understand, acknowledge and agree that internet transmissions are never completely private or secure and that any message or information You send using our Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
    • Without prejudice to the generality of the above we are not involved in providing any healthcare or medical advice or diagnosis and hence are not responsible for any interactions between You and the Application User(s) in any manner whatsoever.
    • Further, we will not be liable or responsible for:
      • any failure to perform, or delay in performance of, any of our obligations under the Agreement or any financial loss that is caused due to the use of the Services;
      • the Services not meeting Your individual requirements or the Services containing defects / errors, as the Services has not been developed specifically for You. It is Your responsibility to ensure that You use and utilize the Services if the facilities and functions of the Services meet Your requirements;
      • any loss or damage caused by a distributed denial-of-service, viruses attack, or other technologically harmful material that may infect Your device, data or other proprietary material due to Your use of the Services.
      • Your interactions and associated issues with an Application User;
      • any cancellation of appointments by an Application User;
      • any wrong medication or quality of treatment being given by You, or any medical negligence on Your part;
      • any misconduct or inappropriate behaviour by an Application User; or
      • the content, accuracy, validity, reliability, quality of any third- party websites or Applications that you may use in connection with the Services.
  1. Governing Law
    • A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    • The Agreement shall be governed by and construed in accordance with the laws of India. For all purposes of the Agreement, the Parties’ consent to exclusive jurisdiction of courts located in Bengaluru, Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
  2. Severability

If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The failure of either Party to exercise, in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with the Agreement to be binding, we must provide You with written notice of such waiver through one of our authorized representatives.

  1. Modification of the Agreement

We reserve the right, at our sole discretion, to modify or replace any of the terms of the Agreement, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) or its usage at any time by posting a notice or by sending You notice through our Service or via email/contact details provided as Login Details. We may also impose limits on certain features and services or restrict Your access to parts or all of the Services without notice or liability. It is Your responsibility to check the Agreement periodically for changes. Your continued subscription and use of the Services following the posting of any changes to the Agreement shall constitute as an acceptance of those changes.

 

  1. Advertisements

The Company shall have the right to display sponsored advertisement on the Application. Without prejudice to the status of other content, the Company will not be liable for the accuracy of information or the claims made in such third- party advertisements. You agree and acknowledge that the Company does not encourage Users to visit the websites or applications linked to the third party advertisements, and the Company will not be liable for the services or products offered by such third party websites / applications.

  1. Miscellaneous
    • Unless otherwise specified in the Agreement, all notices hereunder will be in writing and will be deemed to have been duly given when received or when receipt is electronically confirmed, if transmitted by e-mail.
    • In respect of the Agreement and Your use of these Services, nothing in the Agreement shall be deemed to grant any rights or benefits to any person, other than us and You, or entitle any third party to enforce any provision hereof, and it is agreed that we do not intend that any provision of the Agreement should be enforceable by a third party as per any applicable law.
  2. Contact
    • Should You have questions about the Agreement or information collection, use and disclosure practices in relation to the Services, You may contact our Grievance Officer at:

Mr. Gautam Wali

Email: admin@videoclinicindia.com

  • The Grievance Officer shall redress Your grievances expeditiously. Except where required by law, we cannot ensure a response to questions or comments regarding topics unrelated to the terms of the Agreement.