forth the terms and conditions that apply to the access and use of the site
“www.instadoc.com” and its mobile application (collectively be
referred to as “Website”), which is owned and operated by (company name), a
company duly incorporated under the provisions of the Companies Act, 2013,
(hereinafter collectively be referred to as “Company” or “InstaDoc”).
PLEASE READ THESE TERMS OF
USE CAREFULLY BY ACCESSING OR USING THIS INTERNET BASED PLATFORM, YOU AGREE TO
BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS INTERNET BASED
PLATFORM. THESE TERMS ALONG WITH THE POLICY AND THE TERMS OF ENROLMENT SHALL
CONSTITUTE A VALID AND BINDING AGREEMENT BETWEEN USERS, DOCTORS, HEALTH CARE
PROVIDERS AND INSTADOC WITH REGARD TO ACCESSING AND USING THE WEBSITE AS WELL
AS ANY SERVICES OFFERED ON IT.
1. NATURE AND APPLICABILITY OF TERMS:
document/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 document is published in accordance
with the provisions of Rule 3 of the Information Technology
(Intermediaries guidelines) 2011, that provides for the due diligence to
be exercised for the access or usage of this Website.
individual accessing the Website (“User’ or “You”);
- Any person availing the Services offered on the Website
or such person’s representatives (“User’ or “You”);
patient, his/her representatives or affiliates, searching for Medical
Experts / Practitioners or Third Party health care service providers (such
as doctors, hospitals, diagnostic centres or clinics, laboratories, etc.)
through the Website(“End-User”, “you” or “User”); or otherwise a
user/visitor of the Website(“you” or “User”);
- In the event that the any person accesses the Website or
otherwise avails any of the Services on behalf of another person or
entity, such person shall be responsible for all acts and omissions of the
other person or entity.
- “Labs” are registered laboratories that
collect patient samples from Registered Users for the purpose of
conducting pathological tests and varied diagnostic services referred to
as “Lab Tests”.
sure to return to this page periodically to review the most current
our sole discretion, to change or otherwise modify the TOU without prior
notice, and your continued access or use of this Website signifies your
acceptance of the updated or modified TOU.
Services shall mean any and all services provided or
otherwise offered by InstaDoc including but not limited to listing of Medical
Experts / Practitioners, Labs, Medical Stores, SOS Services, and search
services. The Website is a platform that facilitates (i) book doctor
appointment online (ii) diagnostic services being offered by various third
party diagnostic centres or other health care service providers (such as
doctors, hospitals, diagnostic centres or clinics, laboratories, etc) (“Third
Party Labs/ Third Party service providers”); (iii) online medical consultancy
services/ second opinion being offered by third party independent doctors
(“Medical Experts / Practitioners”); and (iv) online advertisements of various
sponsors advertising and marketing their own good and services (“Third Party
Advertisers”). Third Party Labs, Medical Experts / Practitioners and the Third
Party Advertisers are collectively referred to as the “Third Party Service
Providers”. Further the Website also serves as an information platform
providing health and wellness related information to the Users accessing the
Website (The services of Third Party Services Provider and the information
services provided through our Website is collectively referred to as the
3. BOOK APPOINTMENT AND CALL FACILITY:
- InstaDoc enables Users to connect with Practitioners / Medical Experts through two methods: a) Book facility that allows Users to book an appointment through the Website & Mobile Application; b) Value added telephonic services like Chat & Video Call facility which connect Users directly to the Practitioner’s number provided on the Website & Mobile Application.
- InstaDoc will ensure Users are provided confirmed appointment on the Book facility. However, InstaDoc has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment.
- If a User has utilized the telephonic services, InstaDoc 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.
- InstaDoc does not replace your relationship with physician or healthcare provider. The information interpreted shouldn’t be relied upon as a substitute for sound professional medical advice, evaluation or care from your physician or other qualified healthcare provider.
- You acknowledge that the Medical Experts / Practitioners empaneled with Us are independent contractors and thereby InstaDoc has an independent contractor relationship with such Medical Experts / Practitioners and therefore in no event InstaDocwill be directly or vicariously liable for any advice or medical consultancy or any loss arising therefrom that the Medical Experts / Practitioners may provide to You or You may avail as part of the Services.
- InstaDoc is designed to support the health decisions and choices that You make. These decisions and choices are Yours, and We believe that You, in connection with the advice You receive from Your doctor or other professional healthcare provider, are the best decision maker about Your health. We cannot make decisions for you. However, what We can do is help You find good health information and connect with doctors for in-person information. The Website is not a place for the practice of medicine, but Medical Experts / Practitioners on the Website can be a resource for reliable, relevant general health information.
- The Services should not be depended upon and should not be treated as a replacement for obtaining consultation for diseases as the consultation provided through the Website is generic in the approach and shall not and cannot act as a substitute for physical consultation with a doctor. Also the Consultations provided through the Website may not be diagnostic in nature.
- InstaDoc doesn’t recommend or endorse any specific Medical Expert(s) / Practitioner(s), tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided on the Website is solely at Your own risk. In case of any medical emergency, kindly contact Your nearest doctor/hospital or any related helpline.
- The Services are not for use in medical emergencies or for critical health situations requiring prompt medical attention. The Services are not intended to be real-time and may not be the best solution when a face-to-face consultation is a must and therefore We strongly discourage any delay in seeking advice from Your doctor on account of something that You may have heard/viewed on the Website. You take full responsibility for ensuring that the information submitted is accurate and InstaDoc shall not make any effort to validate any information provided by You for using the Services with respect to content, correctness or usability. We, with an intention to provide the best services possible could ask You to share more information as and when needed. The Services should not be used for emergency appointment purposes.
- The opinions, statements, answers and tele-consultations (collectively “Consultation”) provided by the Medical Experts / Practitioners through the Website are solely the individual and independent opinions and statements of such Medical Experts / Practitioners and do not reflect the opinions of InstaDoc, including but not limited to its officers, directors, representatives and its affiliates. InstaDoc does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website.
- The inclusion of professionals, specialists and/ or Medical Experts / Practitioners on the Website or in any professional directory on the Website does not imply recommendation or endorsement of such specialists and/ or Medical Experts / Practitioners nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any specialists and/ or Medical Experts / Practitioners contained therein. Such information is provided on an ‘as-is’ basis and InstaDoc disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. InstaDoc disclaims any legal or financial events or outcomes related to the Services availed through the use of the Website. InstaDoc makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by InstaDoc employees or representatives. InstaDoc is not responsible for transmission errors, corruption of data. InstaDoc is for personal use and the Services are for individuals to use for supporting their personal health decisions. You may use the Website for personal, but not for commercial, purposes.
- Notwithstanding anything to the contrary contained herein, You alone shall be liable for Your dealings and interaction with patients or Medical Experts / Practitioners (as the case may be) contacted or managed through the Website and InstaDocshall have no liability or responsibility in this regard. InstaDocdoes not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by such client, patient, User, Medical Experts / Practitioners or any third party through the Website.
- Users 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, InstaDoc 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.
- User understands and agrees to provide accurate information, and will not use this platform for any acts that are considered to be illegal in nature.
- If User decides to engage with a Practitioner to procure medical services or engages in communication, exchange of money for services outside of consult platform, User shall do so at their own risk. InstaDocshall not be responsible for any breach of service or service deficiency by any Practitioner.
- The User agrees and understands that the transaction with the Practitioner are subject to jurisdiction of Indian laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times. The User further agrees and understands that the Practitioner is a medical practitioner who is licensed to practice medicine in India and the onus is on the User to determine if he/she is eligible to consult with the Medical Experts / Practitioners via the Website. It is expressly clarified that at no point in time can it be construed that the Practitioner is practicing medicine in a territory other than India, irrespective of where the User is located and procures medical services or engages in communication with the Practitioner, in any manner whatsoever.
- The User shall indemnify and hold harmless InstaDocand its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.
- 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/Mobile Application or accepting
this Agreement, you represent and warrant to InstaDoc 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/Mobile Application, and
agree to and abide by this Agreement.
- A registered id can only be utilized by
the person whose details have been provided and InstaDoc does not permit
multiple persons to share a single log in/ registration id. However, a registered
user, being also a parent or legal guardian of a person ‘incompetent to
contract’ such as minors or persons with unsound mind, would be permitted to
access and use the Website for the purposes of procuring the Services, on
behalf of such persons.
5. EXPRESS DISCLAIMERS:
- Consult is intended for general purposes
only and is not meant to be used in emergencies/serious illnesses requiring
physical consultation. Further, if the Practitioner adjudges that a physical
examination would be required and advises ‘in-person consultation’, it is the
sole responsibility of the User, to book an appointment for physical
examination and in-person consultation whether the same is with the
Practitioner listed on the Website or otherwise. In case of any negligence on
the part of the User in acting on the same and the condition of the User
deteriorates, InstaDoc shall not be held liable.
- InstaDoc is not a medical service
provider, nor is it involved in providing any healthcare or medical advice or
diagnosis, it shall hence not be responsible and owns no liability to either
Users or Medical Experts / Practitioners for any outcome from the consultation
between the User and the Practitioner.
- InstaDoc can neither assure that all
transactions on the Website will be completed nor do We guarantee the ability
or intent of InstaDoc to fulfil their obligations in any transaction.
6. NON-COMPETE AND NON-SOLICITATION:
- Users and Medical
Experts / Practitioners hereby accept and agree that they shall receive
confidential or otherwise sensitive information from InstaDoc.
- The Users and Medical
Experts / Practitioners hereby agree that they shall not, either directly
or indirectly, be engaged in any business or entity that is in competition
with InstaDocfor any monetary or personal gain.
- The Users and the Medical Experts / Practitioners
further agree that they shall not develop or assist in the development of
any services, websites or mobile applications that may compete with InstaDocby
using or incorporating any Confidential Information or Intellectual
Property rights belonging to or obtained by InstaDocunless with InstaDoc’sexpress
- InstaDoc shall not be responsible or
liable in any manner to the Users or any Third Party Service Providers
(collectively referred to as the “Other Parties”) for any losses, damage,
injuries or expenses incurred by as a result of any disclosures made by
InstaDoc, where Other Parties have consented to the making of such disclosures
by InstaDoc. The Other Parties shall not hold InstaDoc responsible or liable in
any way for any disclosures by InstaDoc for collection, use, storage and
be responsible for the mishaps/missed services due to no service/no show from
the Other Parties; InstaDoc shall not be responsible for any error in any of
the services being provided by the Third Party Service Providers.
- InstaDoc assumes no responsibility, and
shall not be liable for, any damages to, or viruses that may infect Other
Parties’ equipment on account of the Other Parties’ 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 any of the Other Party is
dissatisfied with the Website, the sole remedy of such Other Party(s) is to
discontinue using the Website.
- To the maximum extent permitted by
applicable law(s), InstaDoc, its affiliates, independent contractors, service
providers, consultants, licensors, agents, and representatives, affiliates,
group companies and each of their respective directors, officers or employees
(“Protected Entities”), shall not be liable for any direct, indirect, special,
incidental, punitive, exemplary or consequential damages, or any other damages
of any kind, arising from, or in connect with or directly or indirectly related
to, the use of, or the inability to use, the Website or the content, materials
and functions related thereto; even if Protected Entities has been advised of
the possibility of such damages.
- In no event shall the Protected Entities
be liable for failure on the part of the Users or Third Party Service Providers
to provide agreed services or to make himself/herself available at the
appointed time, cancellation or rescheduling of appointments. In no event shall
the Protected Entities be liable for any comments or feedback given by any of
the Users in relation to the services provided by a Third Party Service
- The Users may share their previous
medical history during interaction with the Medical Experts / Practitioners.
The Users undertake to share such information at their own risk. InstaDoc
reserves the right to retain such information for the purpose of providing
Services to the Users.
- In no event shall the total aggregate
liability of the Protected Entities to any Other Parties for all damages,
losses, and causes of action (whether in contract or tort, including, but not
limited to negligence, strict liability, product liability or otherwise)
an aggregate amount of INR 1000/- (Indian Rupees Thousand only).
- InstaDoc accepts no liability for any
errors or omissions on behalf of the Other Parties.
8. GOVERNING LAW AND JURISDICTION:
- The interpretation of this Agreement and the resolution of any disputes
arising under this Agreement shall be governed by the laws of India.
- Any dispute, claim or controversy arising out of or relating to this
Agreement, including the determination of the scope or applicability of this
Agreement to arbitrate, or your use of the Website or the Services or
information to which it gives access, shall be determined by arbitration in
India, before a sole arbitrator appointed by InstaDoc. Arbitration shall be
conducted in accordance with the Arbitration and Conciliation Act, 1996. The
seat of such arbitration shall be Kolkata. All proceedings of such arbitration,
including, without limitation, any awards, shall be in the English language.
The award shall be final and binding on the parties to the dispute.
- The courts at Kolkata shall have exclusive jurisdiction over any claim
or dispute arising out of these Terms.
AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE