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docOPD Terms and Conditions

DOCOPD Technologies Pvt Ltd. a company duly registered under the Companies Act, 1956 (or 2013 as the case may be) having its’ registered office at D-22 Sector 3, Noida 201301 and the owns the domain www.docopd.com DOCOPD Technologies Pvt Ltd is engaged in the business of providing Healthcare Marketing and Promotion Services in association with healthcare service providers for creating healthcare awareness to its subscribers (hereinafter referred to as Healthcare Facilitator (HF), which term shall unless repugnant to the context hereto, mean and include its’ successors’-in-interest, administrators, executors etc.). DOCOPD Technologies Pvt Ltd. also provides its’ services to its’ subscribers through its’ Mobile App available as a free download at the domain www.docopd.com

Terms of Use
This Agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This Agreement is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms of Use for access or usage of the Subscription Services.

  1. Terms of Use
    1. By accessing and using the Subscription Services, the user agrees and acknowledges to have read and understood, the instant Terms of Use and the user expressly agrees to be bound by these Terms of Use and use these Subscription Services in compliance with these Terms of Use.
    2. The user expressly represents and warrants that he/she will not use these Subscription Services if the user does not understand and agrees to become a party to, and abide by all of the terms and conditions specified herein. Any violation of these Terms of Use may result in legal liability upon the user. Nothing in these Terms of Use should be construed to confer any rights to any third party or any other person who does not subscribe to the instant present and accepts the instant Terms of Use.
    3. The user who accesses the instant site/domain for use of the subscription services, agrees to be over 18 years of age and competent to enter into a legally binding contract as per the Indian Contract Act, 1872 for enabling him/her to register, use these Subscription Services in any manner. By registering, or accepting this Agreement, the user represents and warrants that he/she has the right, authority and capacity to use the Subscription Services available through the www.docopd.com and agree to and abide by this Agreement. The user further represents and warrants that he/she is not barred from receiving the Subscription Services under any of the laws of India or other countries including the country, for the time being in force, in which the user is a resident or from which the user proposes/intends to use the Subscription Services.
    4. The instant Terms of Use constitutes an Agreement between DOCOPD Technologies Pvt Ltd. and the User and is published in compliance of, and is governed by the provisions of Indian Laws for the time being in force, including but limited to:
      1. the Indian Contract Act, 1872,
      2. the (Indian) Information Technology Act, 2000, and
      3. the Rules, Regulations, Guidelines and Clarifications framed thereunder, 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”).
    5. DOCOPD Technologies Pvt Ltd. authorizes the User to view and access the content available on the Subscription Services solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Subscription Services, information, text, graphics, images, logos, icons, tabs, software code, design, and the collection, arrangement and assembly of content on the Subscription Services (collectively referred to as, "xyz content"), are the exclusive property of DOCOPD Technologies Pvt Ltd. and are protected under relevant Copyright, Trademark and other laws for protection of the Intellectual Property Rights. User shall not alter, modify or resort to unauthorized reproduction or copying of the DOCOPD Technologies Pvt Ltd Content and/or use, display, publicly perform, distribute, or otherwise use the same in any way for any public or commercial purpose or for personal gain.
    6. The User categorically and unequivocally agrees that he/she shall be liable for action in accordance with any applicable laws for the time being in force, for any violation of any of the instant Terms of Use which constitutes an Entire Agreement between DOCOPD Technologies Pvt Ltd. and the User.
    7. The User expressly agrees not to make any wrongful disclosure/information on the site www.docopd.com and further understands that the user shall be solely responsible for the data being fed on the site and undertakes not to upload any corrupt information/data which may in any manner lead to corruption of the site in any manner. The User further undertakes and accepts that he/she shall be bound to produce and disclose, by way of original documentation, any information that has been uploaded by the User on the database.
    8. Users shall be solely responsible for confidentiality/safety of the user-id and password required for access of the subscriber’s data on the site www.docopd.com and undertakes not to transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their log-in or right to use the Subscription Services to any third party.
    9. The User, shall be solely responsible for ensuring compliance of the Terms of Use which constitutes an Entire Agreement between DOCOPD Technologies Pvt Ltd. and the User. The User further understands and acknowledges that any violation of the Terms of Use and/or conditions of this Agreement under the User’s log-in id shall be deemed to be a violation thereof by the User.
    10. The instant Terms of Use shall also be applicable to Users who access Software features through Mobile Applications authorized by DOCOPD Technologies Pvt Ltd. by downloading Mobile Apps from the site www.docopd.com including but not limited to its applications for devices running on platforms such as iOS, Android, Windows, Blackberry and/or any other platforms. DOCOPD Technologies Pvt Ltd. reserves its’ rights to add/modify any of the Terms of Use and/or to restrict the use of the services to any of the Users through Mobile Apps.
    11. The User further agrees to use the Subscription Services only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).
    12. The User agrees to indemnify and keep DOCOPD Technologies Pvt Ltd. indemnified against any third party claims, losses or damages, or for the costs of any regulatory or court proceedings in which DOCOPD Technologies Pvt Ltd. may be made a party as a result of any violation or breach by the User of any applicable law for the time being in force.
    13. The User specifically acknowledges and agrees that the User has completely understood the nature of the service offered and further that the User accepts that the User is using the Subscription Services at his/her own risk and that the Subscription Services are provided "as is" and "as available”.
    14. The User agrees that he/she will not make any unsolicited calls or use any information displayed on www.docopd.com, an online platform, to breach any applicable rules and guidelines related to unsolicited commercial communications, including but not limited to regulations & guidelines such as TRAI guidelines for telemarketers, or otherwise violate applicable law while using the Subscription Services.
    15. The User expressly understands and agrees that this Agreement and the Subscription Services offered by DOCOPD Technologies Pvt Ltd. are governed by the Indian Laws and any statutory amendments, change in Government Policy/Regulations as may be applicable from time to time may lead to withdrawal of the services offered by DOCOPD Technologies Pvt Ltd. without any prior information/intimation.
  2. Services
    1. DOCOPD Technologies Pvt Ltd. offers online services as an interface, merely as a health facilitator “HF”, between the User and the Healthcare Provider viz. Hospital/Nursing Home for availing (i) online registration, (ii) scheduling/re-scheduling appointments with Specialist Medical Practitioners, (iii) maintenance and up-dation of online digital records of the diagnostic procedures/tests reports, appointments, advise of the Specialist Medical Practitioner for a period 6 months unless otherwise extended at a specific request of the User.
    2. The User acknowledges and agrees to bear the expenses in the form of fee/charges as may be applicable for availing the consultancy/ treatment as may be advised by the Specialist Medical Practitioner.
    3. The User agrees and accepts that the services being availed by the User are limited to the extent of online registration for appointments, re-scheduling of appointments only and further that the HF is in no manner associated and/or responsible or liable, for any advise/treatment as may be provided by the Specialist Medical Practitioner and undertaken by the User.
    4. The User agrees to pay the charges towards consultation from the Specialist Medical Practitioner online at the site of the HF, which shall be released by the HF to the Specialist Medical Practitioner immediately after it gets confirmation as regards the User having been attended to by the Specialist Medical Practitioner at the appointed and/or re-scheduled time. Provided, however, that if the User fails to turn up before the Specialist Medical Practitioner at the appointed and/or re-scheduled time, the User accepts and agrees that it shall not be entitled to claim full refund of the charges paid by him/her towards consultation with the Specialist Medical Practitioner and would rather be entitled to refund of 50% of the amount paid online. However, in the event of the Specialist Medical Practitioner not being in a position to attend to the User at the scheduled time and/or cancellation of the appointment owing to non-availability of the Specialist Medical Practitioner, the User shall be entitled to either re-schedule the appointment and/or refund of the entire amount paid online.
    5. DOCOPD Technologies Pvt Ltd. shall keep an updated profile of selected Specialist Medical Practitioners on its’ site www.docopd.com with full particulars as regards their areas of specialties, place and timings of seating, visiting/consultation timings etc for facilitating its’ Users to check availability of their choice of Specialist Medical Practitioner, as per their mutual convenience.
  3. Use of Services
    1. DOCOPD Technologies Pvt Ltd. provides services through its website, www.docopd.com on a Software as a Service (SaaS) model. DOCOPD Technologies Pvt Ltd. shall not be responsible for and does not deal directly with any of the User/patient through the website or Mobile App and it merely acts as an interface by providing access, as a HF, services to User through the website and native mobile applications.
    2. The User uses the software interface, access whereof is provided by the HF merely as a licensee and agrees that no right or title in the intellectual property rights of the software used by the User, has or is being, transferred in the User’s name.
    3. User accepts and agrees to use the Services and the information provided therein only for purposes as may be permissible by: (a) under the Terms of Use which constitutes the Entire Agreement between DOCOPD Technologies Pvt Ltd. and the User; and (b) any law applicable for the time being in force, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
    4. DOCOPD Technologies Pvt Ltd. may, at its discretion, may offer a free trial of its Services to the User, for a specified period. Users of the services during the trial period are bound by the terms of the instant Agreement and any law as may be applicable for the time being in force, regulation and generally accepted practices or guidelines in the relevant jurisdictions.
    5. Data uploaded by any User during the trail period shall, unless otherwise the User upgrades to a licensed User by way of subscription to the services, be lost upon expiry of the free trial period. DOCOPD Technologies Pvt Ltd. does not provide any warranty regarding the use of services during the trial period, if availed by any such User.
    6. DOCOPD Technologies Pvt Ltd. offers its’ Services on as-is basis and has the sole right to modify any feature or customize them at its discretion and there shall be no obligation to accept and/or honor any request of the User as regards customization of the Data Format
    7. User shall not use and/or access the Services provided by DOCOPD Technologies Pvt Ltd., if the User is either a direct competitor of DOCOPD Technologies Pvt Ltd., and/or for the purposes of evaluating/testing the functionality/performance of the site www.docopd.com and services offered therein under at the behest of any competitor or otherwise for any other purposes whatsoever, without prior written consent of DOCOPD Technologies Pvt Ltd.
    8. DOCOPD Technologies Pvt Ltd. shall make available, at its discretion primary support for the Services free of cost, and/or additional/upgraded support, if purchased additionally and will make reasonable efforts to make available the support for Services on a 24*7 basis, save and except, for (i) planned downtime for upgradation of server facilities (in which scenario, all possible efforts shall be made for keeping the services active during working days/weekdays and take up the upgradation services preferably during period 8 p.m. IST Saturday to 8 a.m. IST Monday), or (ii) Force Majuere or Act of God, beyond reasonable control of DOCOPD Technologies Pvt Ltd., or (iii) ISP failures or delays not attributable to the HF.
    9. Notwithstanding anything to the contrary contained herein, DOCOPD Technologies Pvt Ltd. does not warrant availability of its Services at all points of time, without any disruptions, delay or errors, in as much as, the availability/accessibility of its’ services is dependant on various factors, including but not limited to, availability of network, ISP (internet service provider), etc.
    10. The Services subscribed by any User are subject to limitations, viz., limits on data storage, and any other such limitations dependent on the ‘User Plan’, such as, number of SMS, number of appointments, number of appointments re-scheduled, number of accounts, validity of subscription and any other such limitations. The User understands and acknowledges that the Services are designed as per subscription plans, designed to provide real-time information to enable User to monitor User’s compliance with such limitations.
    11. Notwithstanding anything to the contrary contained herein, the User understands, accepts and acknowledges that the HF is no way involved and/or liable for the medical advise received, procedures/diagnostics/treatment prescribed by the Specialist Medical Practitioner.
    12. The User understands and acknowledges that Services under the instant Agreement are not intended for and must not recommended to be used/utilized for emergency purposes such as emergency appointments, emergency healthcare procedures or any other emergency situations.
    13. DOCOPD Technologies Pvt Ltd. may, at its sole discretion, suspend User’s access the Services, at any point of time, on coming to the knowledge of any violation of the terms and conditions of the instant Agreement, pending investigations and/or on any other account whatsoever.
    14. The User authorizes DOCOPD Technologies Pvt Ltd. to use any and all information uploaded by the User, subject to the anonymity of the User being maintained, so as to enable improvement to the functionality and further providing analytical and businesses intelligence to third parties. The information so uploaded by the User shall be used only and exclusively for analytical analysis to improve the existing design and software for upgradation of the services being offered under the instant Agreement by the HF.
    15. While all efforts are made by DOCOPD Technologies Pvt Ltd. to make available updated lists of Specialist Medical Practitioners according to their area of specialty, however, DOCOPD Technologies Pvt Ltd./HF does not take any responsibility as regards the competence of the Specialist Medical Practitioner.
    16. The Services offered by the HF/DOCOPD Technologies Pvt Ltd. pertains to online services as an interface, merely as a health facilitator “HF”, between the User and the Healthcare Provider viz. Hospital/Nursing Home for availing (i) online registration, (ii) scheduling/re-scheduling appointments with Specialist Medical Practitioners, (iii) maintenance and up-dation of online digital records of the diagnostic procedures/tests reports, appointments, advise of the Specialist Medical Practitioner at the specific request of the User, for a period 6 months unless otherwise extended at a specific request of the User.
    17. DOCOPD Technologies Pvt Ltd. reserves the right to add new features and/or to modify/delete any existing feature to its online Services as may be deemed necessary, without any prior intimation. The User as such acknowledges that each time they access the site www.docopd.com, they shall be deemed to have read and understood the conditions existing as on the date.
    18. DOCOPD Technologies Pvt Ltd. reserves its’ right to upgrade the software versions from time to time, and while every effort shall be made to upgrade every User with any new/upgraded version of its’ software, in the event of the platform of any User not being compatible with the new/upgraded version of the software, the HF shall not be held liable and/or responsible for any operational errors faced by the Users. While DOCOPD Technologies Pvt Ltd. shall make all endeavors to provide all possible technical support to the User’s facing any sort of problems with any new/upgraded version of the software, it may be so that the new/upgraded version of the software might no be compatible on the existing platform on which the User operates the same and in such a scenario, the User shall not be entitled to raise any issue as regards, non-functionality of the new/upgraded software on his existing platform/system.
  4. Payment, Fees and Taxes:
    1. DOCOPD Technologies Pvt Ltd. reserves its’ rights to vary/change the subscription charges for the services offered by it without prior intimation and/or to charge additional charges for any additional services/features to the existing ones, which ay be availed by the User at his/her discretion.
    2. The subscription charges would depend on the nature of the plan opted by the User for availing the services offered by DOCOPD Technologies Pvt Ltd. Details of the charges for each plan offered by DOCOPD Technologies Pvt Ltd. are provided in “Appendix – A” hereto.
    3. The User recognizes the right of DOCOPD Technologies Pvt Ltd. to modify the applicable charges for the services under any of its’ plans and as such specifically authorizes DOCOPD Technologies Pvt Ltd. to revise the same as may be required, even during the subsistence of a subscription period and also agrees to abide by such revised charges.
    4. The User agrees to pay the subscription charges, consulting fees and other fees applicable to User’s use of Services availed by him/her through the site www.docopd.com and the User further agrees that the subscription charges paid are non-refundable.
    5. The User understands and agrees that he/she shall be solely responsible for payment of all taxes, legal compliances, and statutory registrations etc. for which it shall not hold DOCOPD Technologies Pvt Ltd. responsible in any manner whatsoever, on any account whatsoever.
    6. DOCOPD Technologies Pvt Ltd. shall tie-up with some third party for online payment facility, which the User specifically authorizes. The User specifically understands that all charges are exclusive of taxes and other such statutory levies as may be applicable at any point of time and that the User shall be liable to bear the same at the time of purchase/subscribing to the same.
    7. The payment process would be deemed to be complete only upon receipt of the amount into HF’s designated account.
    8. The User shall be entitled to discontinue/withdraw from the Services at any time by opting for the same in the manner as prescribed and/or by contacting the customer support in that regard at customersupport@docopd.com.
    9. The User, however, understands and agrees that of the amount of Rs. Zero being one-time App and software download charges shall not be refundable, however, the subscription charges shall be refundable only on prorata basis depending upon the period of usage and/or services availed by the User.
    10. The User further agrees that the decision of the HF as regards the quantum of refund shall be final and binding upon the User which shall not be disputed by the User on any ground whatsoever.
    11. The User agrees and understands that the subscription fee is non-transferable and the payment made by the User for the services, subscribed for cannot be transferred or carried over to any third party.
  5. Other Terms
    1. The User acknowledges and agrees not to host, display, upload, modify, publish, transmit, update or share any information that:
      1. does not belong to the User and to which the User does not have any right to;
      2. is otherwise harmful, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially/ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
      3. harm minors in any manner;
      4. infringes any third party patent/trademark/copyright/any other proprietary rights;
      5. violates any law for the time being in force;
      6. impersonate another person;
      7. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
      8. transmits un-authorized information, which otherwise adversely affects the website performance in any manner whatsoever, including but not limited to, use of hyperlinks to other sites etc. which may in any manner lead to disruption and/or slowing down the server;
      9. might lead to circumventing or disabling any code, usage rules, or other security features of the Software.
  6. Liability
    1. HF/any of its’ Directors/Employees/Officials/Representatives shall not be in any manner held liable for any event, including but not limited to negligence, direct/indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the App, Software and/or services or the content, materials and functions related thereto, by the User.
    2. Notwithstanding any thing contained herein, under no circumstances shall the total liability of the HF/any of its’ Directors/Employees/Officials/Representatives towards a User for any alleged damages, losses, and causes of action (under any law applicable for the time being in force, including but not limited to, negligence or otherwise) arising from the instant presents, exceed an amount of equivalent to one year’s subscription amount paid by the User or Rs.500, whichever is maximum.
    3. The User agrees and acknowledges that under no circumstances would the HF/any of its’ Directors/Employees/Officials/Representatives be held responsible and/or liable for failure on the part of the User to make himself/herself available at the appointed time, cancellation or rescheduling of appointments and/or selection of the Specialized Medical Practitioner by the User and/or the treatment advised by him/her.
  7. Indemnity
    1. User agrees to indemnify and hold harmless HF/any of its’ Directors/Employees/Officials/Representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access or use of Software, violation of this Agreement, or infringement, or infringement by any unauthorized use of User’s account.
  8. Term
    1. Unless otherwise terminated by either party, this Agreement shall be in force, so long as the User subscribes to the services under this Agreement.
  9. Termination
    1. The User may opt for withdrawal/termination of subscription at any time by providing 48 hours/days’ prior notice to customersupport@docopd.com.
    2. Subject to satisfaction of all other conditions, including but not limited to clearance of dues, if any, on any account whatsoever, under the Agreement, the account of the User shall be closed, upon receipt of such a request from the User upon expiry of the period specified herein before in Clause 9.1
    3. HF, however, reserves the right to forthwith terminate the User’s account on the occurrence of any of the following event:
      1. breach of any of the terms and conditions by the User;
      2. failure on the part of the User to provide proper disclosures and identity; or
      3. any act, commission/omission on the part of the User which in the HF believes might result in adversely affecting its’ rights/business.
  10. Governing Laws, Dispute Resolution and Jurisdiction
    1. The parties to this Agreement agree that they shall be governed by the laws of India for the time being in force.
    2. In the event of any dispute/difference arising out of or touching these presents, every endeavour shall be made for reaching an amicable settlement and in the event of the failure to arrive at an amicable settlement within 15 days, the same shall be referred to Arbitration to be conducted by a Sole Arbitrator to be appointed by the Principal Officer of the HF. The decision of said arbitrator shall be final and binding upon the parties. The arbitral proceedings shall be conducted at New Delhi in accordance with the provisions of the Arbitration & Conciliation Act, 1996 and/or any amendments thereto.
    3. The disputes shall be subject to the exclusive jurisdiction of the Courts at New Delhi.

Please read these terms of use carefully. if you do not agree to be bound by (or cannot comply with) any of the terms, do not click the "I Agree" box, do not complete the registration process, and do not attempt to use the service.

Use and access of the site www.docopd.com means and amounts to the users’ consenting to this Agreement.