These Terms constitute a binding and enforceable contract between oDoc and you, an end user of the Platform and the services available through the Platform (“you”). You may authorize other persons to use the Platform on your behalf in certain cases; in such events, you shall be liable for all acts or omissions of the person you authorize to use the Platform. If you are using the Platform on behalf of another party, you represent and warrant that (a) these Terms have been explained in their entirety to the other party and (b) you have the authority to enter into these Terms on behalf of such party and bind such party to these Terms. You represent and warrant that you have full legal capacity and authority to agree and bind yourself to these Terms.
You represent that you are over 18 years of age. If you are below the age of 18, you may only use the Platform if your guardian or parent has expressly agreed to these Terms on your behalf, and your guardian or parent shall be responsible and liable for your obligations arising out of these Terms.
By using the Platform, you agree that you have read, understood, and are bound by these Terms as amended from time to time, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access or use the Platform.
(a) The Platform helps you (a “User”) connect with qualified persons specialized in various fields of healthcare and related services (for the purposes of these Terms, referred to as “Doctors”). The Platform allows Users to schedule appointments with Doctors and consult them through chat features, videos, and phone calls. Doctors may, based on their diagnosis, provide Users with medical advice, professional opinions, general advice, prescriptions, or other recommendations.
(b) The Platform allows you to choose one of the subscription plans we offer (“Subscription Plan”). Your use of and access to the Platform is subject to your purchase of a Subscription Plan. In addition to Subscription Plans, oDoc may offer you different methods of accessing the Platform. For convenience, all methods that allow you to use the Platform – including, without limitation, pay per use models – will fall within the scope of “Subscription Plans” for the purposes of these Terms.
(c) User Account
i) You can consult with Doctors either through an account you create, or authorize someone to create on your behalf, or through a corporate account made available at your workplace to which you have access on the Platform (“User Account”). Depending on the type of subscription model you have availed, you may have the right to create sub-accounts for your family members that are linked to your User Account or provide your immediate family members with access to your User Account.
(iii) You are solely responsible and liable for all activities that take place on or through the User Account. We are not liable for any unauthorized access to User Accounts, including but not limited to hacking and security breaches. We reserve, at our sole discretion, the right to suspend a User Account if we are of the opinion that the User Account is being accessed by an unauthorized party.
(d) The Company reserves the right to manage the hours of when Doctors are made available online through the Platform.
(e) Depending on your requirements, and subject to the other terms hereunder, you may either book an appointment with a specific Doctor of your choice on the Platform or choose to have an appointment booked with the next available Doctor assigned to you by the Platform. Where you are choosing your Doctor, the Platform will provide you with details of Doctors, including their basic information, qualifications, and other users’ reviews and ratings. This will help you make an informed choice. Please note that certain Doctors may require you to book an appointment in advance. Further, the Platform may allow you to select a language of consultation of your choice. You agree and acknowledge that Doctors have the sole right to accept or reject your appointment. If a Doctor cancels a confirmed appointment, you may be entitled to refunds as determined by oDoc.
(f) Doctors have the right to deny consultations in certain cases. This may happen for different reasons, including without limitation, if the Doctor is of the opinion that your ailment requires a physical consultation to treat you effectively. You will not be charged for consultation fees, if applicable, for cases covered under Clause 5(b).
(g) Subject to the payment of a cancellation fee, you are entitled to cancel an appointment with a Doctor prior to the commencement of the consultation.
(h) If you are unable to complete a consultation with a Doctor due to a technical failure at your end, and if you cannot connect within two minutes from the time the connection was lost, the consultation session will automatically terminate. You shall not be entitled to a refund in such cases.
(i) oDoc does not provide features for the video or audio of a consultation to be recorded in any form. You undertake and warrant that you shall not record any consultation in any manner. Failure to adhere to this clause will immediately result in termination in accordance with Clause 7(b).
2. User Information
(a) The Platform allows you to upload materials and information, including but not limited to documents, images, notes, and video and sound recordings (“User Information”). You understand that User Information is shared with the Doctors you select. Doctors may use your User Information to diagnose or otherwise advise you.
(b) You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, and royalty-free license to use, display, store, host, communicate, make available, modify, adapt, translate, and create derivative works of the User Information (i) for the functioning of and in connection with the Platform and (ii) in order to share the User Information with Doctors that you select through the Platform.
(c) You represent and warrant that (i) your User Information does not and shall not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content, and (ii) all User Information is true, complete, and accurate.
(d) You represent and warrant that your User Information is not defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive.
3. Your Responsibilities
(a) You shall not use the Platform in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:
i) Except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works of any content made available on the Platform, the Platform, or any portion thereof;
ii) Use the Platform to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
iii) Use any robot, spider, scrapers, crawlers, avatars, data mining tools or the like, other automated devices or processes, or manual process to monitor or copy the Platform or any portion thereof;
iv) Make any back-up or archival copies of the Platform or any part thereof;
v) Engage in the systematic retrieval of content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission;
vi) Re-license, sub-license, rent, or lease the rights to use or access the Platform or any content or service available on the Platform;
vii) Act in an abusive or threatening manner or use abusive or threatening language on or through the Platform;
viii) Use the Platform in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms;
ix) Violate applicable laws in any manner.
(b) You should not use the Platform in an emergency, if you believe you require serious medical treatment, you believe your ailments require physical examinations, and in the event of accidents.
(c) You shall be solely responsible for ensuring compliance with the various applicable laws, and you shall be solely liable for any liability that may arise due to a breach of your obligations in this regard.
(d) You shall extend all cooperation, at your cost, to us in our defense of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.
(e) You agree to cooperate with us to develop and share testimonials, anonymous case studies, marketing materials, and measurement criteria for the value, benefits, and cost savings derived from the Platform.
(f) You agree to receive video, audio, and text information from Doctors, including for the purposes of conducting both, professional and medical consultations. If a Doctor cannot complete a video, audio, or text communication with you to the Doctor’s satisfaction, you agree to receive communications over GSM, VoIP, or other services from the Doctor in order to continue or complete the communication as the case may be.
(g) You agree to receive communications, including text messages, push notifications, calls and emails, from oDoc, Doctors, and third parties in relation to the Platform or Third Party Services.
4. Our Intellectual Property
(a) All rights, title, and interest in and to the Platform, including all intellectual property rights arising out of the Platform, are owned by or otherwise licensed to us. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable, and limited license to use the Platform in accordance with these Terms.
(b) You agree that oDoc may, from time to time, use anonymized User Information and other data pertaining to your use of the Platform in accordance with our Policy and applicable laws. You hereby agree that all intellectual property rights arising out of works created from anonymized User Information and other data belongs to and is owned by oDoc. You hereby waive any rights you may have that arise out of such works and agree to execute such documentation as oDoc may request in order to give effect to oDoc’s rights under this clause.
(c) We may request you to submit suggestions and other feedback, including bug reports, relating to the Platform from time to time (“Feedback”). We may freely use, copy, disclose, create derivative works on, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
(d) Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to our or any third party’s intellectual rights.
(a) Depending on the type of Subscription Plan you have availed, your use of the Platform may be subject to the payment of fees in a mode and manner prescribed by oDoc from time to time. If a payment is applicable, you shall not be entitled to consult with a Doctor on the Platform unless your payment method is accepted and verified.
You may be entitled to refunds, determined by oDoc at its sole discretion, for payments made by you for consultations on a Pay Per Use basis in the following events: (i) if a Doctor is unable to treat you without a physical examination, (ii) if a Doctor decides not to charge you for a consultation on the Platform, (iii) if a Doctor cancels a confirmed appointment with you and you choose not to consult with another available Doctor, or (iv) if a Doctor cannot complete a consultation with you due to a technical difficulty in relation to the Platform.
We reserve the right to revise our fees from time to time. We shall provide you with reasonable advance notice of any changes to our fees. Should you not agree to the fees, you have the right to cancel your Subscription Plan, provided that all outstanding amounts due to us are paid immediately.
If you have any issue or are not satisfied with our service for any reason, you can reach out to us at email@example.com or by calling +91 9513 609333 (quoting your reference number and reason for the refund request) within 24 (Twenty Four) hours from your originally scheduled consultation start time and we will look into the issue and arrange a refund, if required.
The fees are exclusive of applicable taxes. These shall be added to our invoice(s) at the appropriate rate.
(f) Payment Processors:
We may use a third-party payment processor (“Payment Processor”) to bill you through your selected mode of payment. The processing of payments will be subject to the terms and policies of such Payment Processors in addition to these Terms. We shall not be liable for any error by the Payment Processor. In the event of any unsuccessful payments, the money so debited shall be credited in accordance with the terms of the Payment Processor.
6. Third Party Services
(a) The Platform may include services, products, content, documents, and information owned by, offered by, or otherwise licensed to a third party (“Third Party Services”) or contain links to Third Party Services such as heath tips, blogs, etc. You understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that the use of such Third Party Services is solely at your own risk. We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy, quality, or completeness. We do not endorse or sponsor any Third Party Services.
(b) All intellectual property rights in and to Third Party Services are the property of the respective third parties.
7. Term and Termination
(a) These Terms shall remain in effect unless (i) terminated in accordance with the terms hereunder or (ii) until the expiry of the Subscription Plan. You agree that your use of the Platform in any manner after the expiry or termination of these Terms is solely at your own risk and oDoc shall not be liable for any unauthorized use of the Platform in this regard.
(b) We may terminate your access to the Platform, or any portion thereof, immediately and at any point, without notice, at our sole discretion if you violate or breach any of your obligations, responsibilities, or covenants under these Terms.
(c) Upon termination or expiry of these Terms:
i) You shall not be entitled to use the Platform;
ii) You shall not be able to use certain features of the Platform;
iii) Your access to the User Account shall time out;
iv) All outstanding amount due to us shall become payable immediately; and
v) These Terms shall terminate, except for those paragraphs that expressly or are intended to survive termination or expiry.
8. Disclaimers and Warrants
(a) The Company reserves the right to charge an oDoc Subscription Fee from either you or a sponsor. The Company is entitled to exercise this right at any time it deems fit by giving prior notice to you.
(b) The benefits that accrue to you with regard to the payment of an oDoc Subscription Fee, shall be agreed to at the time of purchase of the relevant subscription package from the Company which may include access to and use of oDoc Services and Complimentary Services. Such agreement may be with a sponsor who is paying the oDoc Subscription Fee on your behalf.
(c) After the Company’s notification of exercising the aforesaid right, oDoc Subscription Fee shall be paid on a periodic basis. You, or your sponsor, must pay your periodic oDoc Subscription Fee on the day it becomes due as per the payment due date of the relevant subscription package.
(d) If you, or your sponsor, fail to pay your oDoc Subscription Fee on the due date, the benefits provided to you under the relevant subscription package will be discontinued.
(e) You acknowledge that the Platform is not to be used in a medical emergency or in situations requiring critical care.
(f) You understand that certain medical conditions require a physical visit with doctors at the location of the doctor. You further understand that if you are either unsure about your ability to communicate your condition effectively on the Platform, or concerned about the advice received on the Platform, or if the advice received on the Platform is different to advice you have received previously, a physical visit with a doctor is recommended. You understand that any advice provided by Doctors is based on their experiences, training, and medical education. We make no representations about the quality, reliability, timing, integrity, authenticity, accuracy, or appropriateness of the information provided by the Doctors, and assume no responsibility for any of the foregoing as more fully set forth below. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC DRUGS, TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, “OFF-LABEL” DRUG USES, OR ANY OTHER INFORMATION THAT MAY BE PROVIDED THROUGH THE PLATFORM.
(g) We are not in the business of providing any type of professional medical advice whatsoever. We are not liable for any acts, omissions, or any form of advice provided by any Doctor through or on the Platform. You understand that Doctors are not agents or employees of oDoc; they are independent contractors that provide services independently of the Platform.
(h) You hereby acknowledge and agree that Doctors may, depending on the type of ailment suffered, choose to not provide you with advice or opinions through the Platform. This may occur in different situations, including if a physical examination is needed to ascertain corresponding advice or treatment.
(i) We do not recommend, endorse, or make any representation about the efficacy, appropriateness or suitability of any specific tests, procedures, treatments, services, opinions, or other information that may be contained on or available through the Platform.
(j) oDoc provides the Platform, and Doctors provide services, in compliance with laws applicable in India. Doctors are not responsible for any differences between those rules and any different rules applying to healthcare services in any country other than India. If you are accessing the Platform outside the territory of India, it is your sole responsibility to ensure whether it is lawful to access services offered by Doctors in the territory where you are located. oDoc and Doctors shall have no liability in this regard.
(k) We do not own, control, or endorse any User Information that is transmitted, stored, or processed via the Platform. You are solely responsible for the User Information. We do not recommend, endorse, or make any representation about the efficacy, appropriateness or suitability of any User Information that is made available through the Platform and disclaim all liabilities or warranties arising out of or in connection with any User Information.
(l) We do not warrant or represent that the Platform will be compatible with any third party hardware or software. It shall be your responsibility to ensure compatibility of the Platform prior to use. Additionally, we shall not be held responsible for any actual, incidental or consequential damages that may result from any use or inability to use any third-party peripherals with the Platform.
(m) To the fullest extent permissible under applicable law, we expressly disclaim all warranties of any kind, express or implied, arising out of the Platform, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage.
(n) You hereby accept full responsibility for any consequences that may arise from your use of the Platform, and expressly agree and acknowledge that we shall have absolutely no liability with respect to the same.
(o) To the fullest extent permissible by law, we, our affiliates, and our related parties each disclaim all liability to you for any loss or damage arising out of or due to:
i) Your use of, inability to use, or availability or unavailability of the Platform, including any third party services made available through the Platform;
ii) The occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, from, or through the Platform, communications failure, theft, destruction or unauthorized access to our records, programs, services, server, or other infrastructure relating to the Platform;
iii) Any losses or delays in transmission of messages or material you access arising out of the use of any Internet access service provider or mobile network service provider or caused by any browser or other software which is not under the oDoc’s control;
iv) The Platform being infected with any malicious code or viruses; or
v) The failure of the Platform to remain operational for any period of time.
(p) You hereby accept full responsibility for any consequences that may arise from your use of the Platform and expressly agree and acknowledge that we shall have absolutely no liability with respect to the same. Notwithstanding anything to the contrary, our maximum aggregate liability for any loss shall not exceed the monies received by us from you in the three months preceding the date of the claim of loss or damage.
You agree to indemnify and hold harmless us, our affiliates and respective directors, officers, members, managers, employees, and agents from and against any and all claims and expenses arising out of your use of the Platform, a breach of any provision of these Terms by you or any person using your account on the Platform, any User Information, or any third-party claim to the extent arising from or connected with an allegation that your use of the Platform in accordance with these Terms infringes any rights of a third party.
10. Consent to Use data
(b) We may use information and data pertaining to your use of the Platform for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform and for the creation of anonymized dataset and algorithms.
(c) You hereby expressly authorize us to disclose, subject to applicable laws, any and all information relating to you in our possession to any law enforcement or other government officials, if we believe it is necessary or appropriate in connection with the investigation or resolution of possible crimes, including but not limited to your identity, information provided by you, and your correspondence. You further understand that we might be directed to disclose any such information as may be deemed necessary to satisfy any judicial order, law, regulation or valid governmental request.
11. Modification of Platform
We reserve the right at any time to add, modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice or cause. You agree and acknowledge that we shall not be liable to you or to any third party for any such addition, modification, suspension or discontinuation of the Platform.
We reserve the right to provide minor modifications or enhancements, or program temporary fixes or patches, if any, to the Platform (“Updates”). You agree that the addition of major functions or significant new features to the Platform is not an Update. We shall, in our sole discretion, have the right to determine what constitutes an Update.
13. Force Majeure
We shall have no liability to you if we are prevented from or delayed in performing our obligations or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or sub-contractors.
14. Jurisdiction, governing Laws, and Dispute Resolution
These Terms shall be governed by, construed and enforced in accordance with the laws of India. Subject to other provisions in this paragraph, courts in [Bengaluru] shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Platform.
Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in [Bengaluru] in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this paragraph. The tribunal shall consist of 1 (One) arbitrator appointed by us. The language of the arbitration shall be English.
The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
Each party to the arbitration shall bear its own costs with respect to any dispute.
15. Miscellaneous Provisions Your Title Goes Here
(a) Modification – We reserve the right at any time to modify these Terms and to add new or additional terms or conditions on your use of the Platform. Such modifications and additional terms and conditions will be made available on the Platform and, if applicable, will be communicated to you. Unless expressly rejected (in which instance these Terms shall terminate), such modifications or additions will be effective immediately and will be incorporated into these Terms. Your continued use of the Platform will be deemed acceptance of such modifications and additions.
(b) Severability – If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the paragraph, in which case the entirety of the relevant provision will be deemed to be deleted).
(c) Notices – All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to the address set forth in our contact page available at https://odoc.life/contact/.
(d) Third Party Rights – No third party shall have any rights to enforce any terms contained herein.
(e) Translations – Any translated version of these Terms is provided solely for your convenience. To the extent any translated version of these Terms conflicts with this English version, this English version shall prevail.
This version of the agreement was uploaded on 26 March 2019.