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DIGIRECORDS TERMS OF USE FOR DOCTORS

These Terms of Use are between Digiscribe Technology Private Limited, that owns and controls the platform known as, ‘DigiRecords’ (“Company”, “Digiscribe”, “we”, “our”, “us”) and you, a qualified doctor and registered medical practitioner (whether an individual professional or an organization) or similar institution (“Practitioners”, “You”, “Your”)

These Terms of Use govern your use of DigiRecords www.digiscribe.in and the web application Digirecords (together referred hereinafter the “Platform”), and all related players, widgets, tools, applications, data, software, application program interface (APIs) and other services provided by Digiscribe (the “Services”).

The Company offers this Platform and Services to You conditioned upon Your acceptance of all terms, conditions, policies and notices stated herein. By accepting these Terms of Use and the Privacy Policy http://www.digiscribe.in/privacy_policy_practitioners.html You are electing to join the Platform and using it to access over the internet through the Platform and related services.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is 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(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 Platform accessible at www.Digiscribe.in.

We request you to carefully go through these terms of use ("Terms of Use") before you decide to avail the Services of Digiscribe. By registering with the Company to avail our Services, you irrevocably accept all the obligations stipulated in these Terms of Use and agree to abide by them. Accessing the Platform through any medium, including but not limited to mobile phones, smart phones and tablets, are also subjected to these Terms of Use. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you. By using this Platform, you signify your agreement to these Terms of Use as well as the Platform’s (which is hereby incorporated by reference herein).

If You do not agree to all the terms and conditions herein, then You shall not, and shall not be entitled to, access the Platform and/or use any of the Services. These Terms of Use, together with our Privacy Policy and any other terms that may be notified to You from time to time, constitute a legally binding agreement (the “Agreement”) between You and Digiscribe in relation to Your use of the Platform.

1.THIS PLATFORM IS NOT INTENDED TO BE USED TO:

a. Treat a medical emergency or medical condition.

b. Advise or resolve legal, medical or financial issues outside the scope of what has been agreed or provided.

Information or advice provided on the Site by professionals should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment. Nothing transmitted to or from this Site constitutes the establishment of a doctor-patient relationship between you and any professional providing information or advice through the site. The site is not intended to diagnose a medical condition.

2.       ACCEPTANCE OF TERMS OF USE

Please read these Terms of Use and Privacy Policy very carefully. By accessing or using the Platform and/or making an account and/or by viewing and/or accessing any Services offered on the Platform, You represent that You have read the Terms of Use, Privacy Policy and agree to be bound by the same and all terms incorporated by reference. You further represent and warrant that You are a certified and licensed medical practitioner/doctor, as may be necessary in accordance with any laws, rules and/or regulations in force in India, including, but not limited to, the Indian Medical Council Act, 1956 read alongwith the Indian Medical Council Rules, 1957, and are registered with the necessary medical council/s and/or regulatory bodies, as may be required in your field of practice as a doctor. If You do not agree with all of the use requirements and restrictions described herein, You shall not use or be entitled to use and/or access the Platform and/or any of our Services.

By agreeing to these Terms of Use, You also agree to Our Privacy Policy and/or such other policies as may be established or introduced by the Company from time to time. If You do not wish to be bound by any of these Terms of Use or the Privacy Policy, You may not use the Platform or the Services.

3.       SERVICES

The Services provided by the Company through this Platform constitutes a technology platform that enables You to create an e-prescription on this Platform, in the manner more specifically mentioned hereinafter, facilitates sharing such an e-prescription with any and all of your patients (“Patients”), and further store, on a permanent basis all such completed e-prescriptions, for your reference, anytime and anywhere. You can also take photograph of a handwritten and duly signed prescription and upload a photograph of the valid prescription in a jpeg format in your and the patients’ account. The Services and the Platform enables you to have the ease of accessing any past e-prescription and uploaded photograph of the valid prescription given by you, whether for informative and/or reference purposes and also to give any new e-prescription and/or photograph of the valid prescription to any patient, without having to physically carry around your prescription book. The prescription is as per the Pharmacy Practice Regulations, 2015. The contents of the prescription are as per the above regulations. Further, the prescriptions will only be issued by You under circumstances that are appropriate, legal, responsible and as the result of discussion and mutual agreement between the patient and the You. Doctor’s Name, Doctor’s Registration Number, Patients Name and Date of Prescribing should be visible at all times on the uploaded photograph of the valid prescription. You will also have access to the patients personal health information and based on the complaints shall diagnose and suggest treatments. You further understand that, there is a responsibility on You to treat the Patient, pari passu, as You would have otherwise treated the Patient on a physical one-on-one consultation model. This Platform also offers a receptionist module designed for

a. viewing prescriptions,

b. resending prescriptions - either via print or SMS,

c. taking photographs of prescription

d. uploading prescription

e. generating and emailing Bill and

f. appointment / schedule management

The receptionist module will only have limited access to the services provided by the Company and will be registered under You in Your account. The receptionist cannot create new prescriptions. You will be responsible and liable for all the acts and deeds under the receptionist module.

4.       ELIGIBILITY & USER ACCOUNTS

In order to access the Services and the Platform, You will be required to register on the Platform. When you register on the Platform, You are required to create an account (“Account”) by entering Your name, email address, password, phone numbers, Aadhar Card details and certain other information collected by Us (collectively “Account Information”), and is more specifically dealt with hereinafter. To create an Account, You hereby represent, warrant and confirm that You are a registered medical practitioner/doctor, and that nothing in Your field of practice and/or procedures and methods used by you during the course of Your practice as a doctor and medical practitioner is illegal and/or not allowed or permissible by regulatory and/or statutory bodies that may come into force from time to time, and/or any other laws, rules, regulations and/or acts applicable to You including, but not limited to, the Indian Medical Council Act, 1956 and the rules prescribed thereto, the Drugs and Cosmetics Act, 1940 and the rules prescribed thereto and the Pharmacy Act, 1948.

You further agree, acknowledge, confirm and undertake that You shall, at all times while using the Services and/or the Platform, adhere to any and all prevalent rules, regulations and/or laws relating to the prescriptions created and maintained by You on the Platform, the medicines and drugs suggested and advised by You to the Patients and/or the dosage and composition of any such medicines suggested and recommended by You to the Patients through the Platform. You agree that the Account Information that You provide to Us, at all times, including during registration, and any information You upload to the Platform, will be true, accurate, current, and complete, and You shall, at all times, be solely responsible for the accuracy and/or completeness of the same. You are further solely responsible for keeping your Account Information and any other information and/or content provided by You to Us, up-to-date at all times. You may not transfer or share Your Account password with anyone, or create more than one valid and existing Account. You are responsible for maintaining the confidentiality of Your Account password and for all activities that occur under Your Account. The Company reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Platform and Your Account Information. In no event and under no circumstances shall We be held liable to You for any liabilities or damages resulting from or arising out of Your use of the Platform, Your use of the Account Information or your release of the Account Information to a third party. You further agree and confirm that You shall not use anyone else’s account at any time.

To access the Services and the Platform, You will compulsorily be required to register Yourself on the Platform through a one-time registration process which shall be available to You on the Platform. You are necessarily required to download the Platform (either on your desktop, laptop or a tablet, using the iOS/Android and/or other operating system). Upon successfully downloading the Platform, You are required to provide certain information to Us, in order to complete Your registration as a medical practitioner on the Platform including, but not limited to:

(i)   Name;
(ii)   Clinic information including, but not limited to, clinic name, clinic phone number, receptionist name (if any), receptionist number (if any), clinic address;
(iii)   Your doctor/medicinal practitioner registration number;
(iv)   State medical council of registration;
(v)   Your specialization, if any;
(vi)   Aadhar Card registration using single sign on facility of Aadhar gateway (SMS OTP or Biometrics) (in the event You elect to authenticate Your Prescriptions using the biometric device as mentioned in Section 7.2 hereinbelow, You will mandatorily have to provide Your fingerprint along with Your Aadhar Number);
(vii)   Your signature (as on government and banking documents) on a touch-screen enabled device, in the event that You elect such a method to authenticate the Prescriptions (as defined hereinbelow) to be given by You on the Platform to each Patient, as mentioned in Section 7.1 hereinbelow;
(viii)   Names of preferred pharmacies within the vicinity of the clinic (if any). However, please note that such preferences are simply indicative in nature, and shall, at no point, bind either You or the Patients and/or the Company, to suggest, recommend, endorse and/or visit the particular pharmacies mentioned by You.

You hereby expressly agree, confirm and undertake that the information provided by You to the Company including, but not limited to the information as mentioned hereinabove, shall be true and accurate in its entirety, to the best of Your knowledge. You acknowledge and confirm that the Company has no way of ascertaining and verifying the accuracy of the information provided by You and/or any legal compliance that You have to adhere to and/or maintain as a qualified and certified medical practitioner/doctor and the Company is completely relying on Your representations made to the Company in this regard. Upon successful registration of Your account, You will then have to create and save Your e- prescription on the Platform, to be used by You for any consultations and advice that You offer to the Patients. Further, you can also upload a photograph of a valid prescription signed by you via your registered mobile number on your Account.

5.       CREATING AND COMPLETING AN E-PRESCRIPTION

Upon Your successful registration on the Platform, You are required to create an e-prescription, which shall be the prescription used by You for any prescriptions that You would provide to the Patients using the Platform (“Prescription”). You can create the Prescription either by using a keyboard (for example, on a desktop) and/or by using a stylus (for example, on a touchscreen enabled device). Further, the Prescription on the Platform shall be divided into 4 (four) sections, both, for the ease of Your use as also for the ease of reference and clarity to the Patients. Further, while making and creating the Prescription, You shall adhere to any and all rules, regulations, acts and laws that are in force and regulate the contents of a legal, valid and subsisting medical prescription. You shall further, from time to time, edit and/or revise such a Prescription in such a manner, so that the Prescription is always in accordance with any laws and/or rules, that may come into force from time to time.The said prescription shall be signed by You and You acknowledge and agree that You shall be liable and responsible for prescribing the medicines and treatment to the Patient. You may issue prescriptions for medicines only when in Your professional judgment it is in the Patients’ best interests to receive the medicine. Further, under the receptionist module, Your receptionist can only view and resend prescriptions - either via print or SMS to the patient. There can be no changes or modifications made to the prescription under the receptionist module.

Please note that the Patient may elect to fill a form provided by the Company prior to Your actual consultation and appointment with the Patient, wherein the Patient can elect to enlist and set out various details as shall be mentioned in the said form including, but not limited to, their personal details and particulars, medical condition(s), any prevalent health complaints and/or such other fileds are may be made available by the Platform from time to time (“Form”). You hereby agree and acknowledge that the Platform does not warrant or endorse the turthfullness, accuracy and/or reliability of the information set out in the Form by its Patient(s) and that You shall, at all times, exercise your own independent diagnosis to access the turthfullness, accuracy and/or reliability of the information set out in the Form by the Patient(s) and/or otherwise to diagonose the Patient. Further, as a medical practitioner, You understand that certain medical symptoms might have aggravated and/or decreased and/or the Patient could have developed additional symptoms within the time period of the Patient filling the Form and Your consultation with the Patient. You also understand that the Patient might not have accurately captured his/her symptoms in the Form, and accordingly, it shall, at all times, be Your sole responsibility to independently diagnose and/or otherwise confirm any and all symptoms of the Patient during Your consultation with the Patient. Additionally, when You receive such a Form on the Platform, the Platform may, at its sole discretion, suggest possible diagnosis based on the details and particulars set out by the Patient in the Form. In this regard, You expressly agree, acknowledge and confirm that these suggestions are purely indicative and suggestive in nature, and are in no manner to be treated as the diagnosis of a medical practitioner. Digiscribe, in no manner, guarantees the accuracy of the diagnosis suggested on/by the Platform and hence, You shall, at all times, exercise Your sole discretion while diagnosing any Patient and filling the Prescription. Digiscribe expressly disclaims any and all liability in relation to the information provided by the Patient in the Form and/or the suggestions provided on/by the Platform. You understand and agree that You solely shall be responsible for any and all diagnosis and contents of the Prescription which are more specifically divided into the following sections:

a.     SECTION 1 - COMPLAINTS: In this first section, You are required to list down any and all health complaints that the Patient might have and that the Patient might share with You. You hereby agree and acknowledge that You shall strictly list down only those complaints expressly shared by the Patient and shall not list down any complaint that You think that the Patient might have by way of an inference. In the event that the Patient is a minor or of unsound mind or is incompetent to contract as per the Indian Contract Act, 1872, or if the Patient is otherwise accompanied by a caretaker, You shall at all times confirm any and all such complaints and/or symptoms with the legal guardian and/or caretaker of the Patient, as the case may be. The Company may suggest certain complaints/ symptoms/diagnosis, but You shall use the complaints/symptoms that the Patient actually has. The Company shall be not be responsible for inaccurate or incorrect feeding.

b.     SECTION 2 - DIAGNOSIS: In the next step, You can insert Your observations in relation to the Patient’s health, based on the complaints shared by the Patient and/or his/her guardian and/or caretaker. You shall exercise Your sole discretion while inserting and communicating such a diagnosis, and You hereby expressly agree and confirm that the Company can in no manner establish and/or verify the accuracy and correctness of Your observations/diagnosis. The Company shall prompt certain observations/treatments/diagnosis but You shall at your sole discretion insert the relevant one.

c     SECTION 3 - SUGGESTED LAB TESTS: In the event You feel that the Patient may require to undergo any medical tests for You to suggest and prescribe any medicines and/or otherwise, You can add any such lab tests in this section of the Prescription.

d     SECTION 4 - DRUGS PRESCRIBED: In this last section, You can list down any and all medicines and/or drugs/ formulations// generic drug names that You may think will help the Patient. Certain classes of medications such as specialist drugs, medications requiring close monitoring or controlled drugs and other classes of strong pain killers are not suitable for online prescribing. .

Please note that You can choose to skip any of the 4 (four) sections, when You are actually attending to a Patient, and when You, in Your sole discretion think, that any particular section of the Prescription is not applicable to that particular Patient. Further, the Company may provide You with suggestions when You are actually filling the details in either Section 2, Section 3 and/or Sector 4 (as mentioned hereinabove). It is expressly clarified that these suggestions provided by the Company are purely suggestive in nature, and are only to assist You in filling and completing the Prescription faster. Further, the Company provides these suggestions, based on Your past practices, such as past diagnosis of similar complaints, lab tests and drugs suggested by You in the past, and/or any test/drug that may be widely used for the particular complaint mentioned in the particular Prescription and that such suggestions are in no way binding upon You. These suggestions of diagnosis/lab tests/drugs do not represent any fixed objective ranking or endorsement by the Company. The suggestions of diagnosis/lab tests/drugs will be based on an automated computation of the various factors including, but not limited to, inputs made by other medical practitioners, including their comments and feedback and such other criteria as the Company may, in its sole discretion, elect to rely on from time to time. You are required to exercise Your sole discretion prior to actually selecting any such suggested diagnosis/lab tests/drugs. It is expressly clarified that the Company shall, in no event, be held responsible for the accuracy and the relevancy of the suggestions of diagnosis/lab tests/drugs on the Platform. In the event that You are unsure of any suggestions that the Platform may have to offer, You are either required to not select such a suggestion, or conduct a thorough due diligence and undertake such necessary measures so as to establish the usefulness of the suggestions offered on the Platform. You hereby expressly agree, acknowledge and confirm that the Company shall, at no time, be held liable for any selections whatsoever that you may make out of the suggestions offered on the Platform or for any other independent diagnosis/lag tests/drugs that You may prescribe to the Patient on Your own account and that You shall solely be responsible for any and all outcome(s)/result(s)/effect(s)/consequence(s) of any and all such selections made by You on the Platform.

6.       ADDITIONAL FEATURES OF THE PLATFORM

The Platform shall, for Your convenience, provide You with the facility of scheduling Your appointments on the Platform itself. You understand that when a Patient books a time-slot with You for online consultation, You must comply with the time slot to the best of Your availability. In case of delay, You must notify r patient to their best possible ability. The results of any search Users perform on the Platform for Doctors should not be construed as an endorsement by the Company of any such particular Doctor. If the Patient decides to engage with a Doctor to seek medical services, the Patient shall be doing so at his/her own risk. In addition to the above, the Platform shall also provide You with the facility of enlisting Your billing details including, but not limited to, Your standard rates/fees, if any. These facilities are purely optional in nature, and You are in no manner compelled and/or bound to utilize such additional features of the Platform. In the event You elect to utilize the aforesaid features of the Platform, You and/or Your receptionist (if any) can schedule Your appointments on the Platform itself. Further, You and/or Your receptionist (if any) can also enlist Your billing details such as Your per visit rates, Goods & Services Tax (if and when applicable), which shall purely be indicative in nature. You understand that in the event of any change in Your billing rates, You shall solely be responsible for updating any and all such rates on the Platform, and Digiscribe shall, in no manner be liable for any inaccuracies and/or inconsistencies in such rates and/or other information provided by You and/or Your receptionist (if any) through use of any such additional feature(s) of the Platform.

Further, the Company may, from time to time, elect to add additional features on the Platform for Your convenience, and You shall, at all times, be solely responsible for the use of, and for any and all information provided by You, through such additional feature(s). You understand that the Company has no way of ascertaining the accuracy of any information provided by You and/or Your receptionist (if any), in any such additional feature(s) including the billing and scheduling details and the Company hereby disclaims any and all liability in relation to any inaccuracy of any such information.

You can also upload a photograph of the prescription duly signed by you via a registered mobile number in your Account which can be shared with the patient and shall be a part of the patient file. You shall adhere to any and all rules, regulations, acts and laws that are in force and regulate the contents of a legal, valid and subsisting medical prescription. You shall further, from time to time, edit and/or revise such a Prescription in such a manner, so that the Prescription is always in accordance with any laws and/or rules, that may come into force from time to time. The said prescription shall be signed by You and You acknowledge and agree that You shall be liable and responsible for prescribing the medicines and treatment to the Patient. You may issue prescriptions for medicines only when in Your professional judgment it is in the Patients’ best interests to receive the medicine.

7.       SHARING AN E-PRESCRIPTION WITH THE PATIENT

Once You have completed the Prescription for any particular Patient, You are required to authenticate each such Prescription prior to sharing the same with the Patient. You can authenticate each such Prescription in either of the 2 (two) below-mentioned ways:

a. In the event that You elect to provide Your signature on a touch-screen enabled device as mentioned in Section 4(vii) above, the Platform shall automatically store Your signature (in a digitally encrypted format) and provide You with passcode upon successful registration of Your signature. Upon completion of each Prescription by You, You will have to insert this passcode on the Platform to enable the Platform to validate the authenticity of the Prescription and affix Your signature thereon.

b. Alternatively, You can utilize the biometric device to authenticate each Prescription, which biometric device shall be provided to You by the Company, as mentioned in Section 4(vi) above. For use of the same, You shall be required to provide Your Aadhar Number on the Platform as well as scan and register Your fingerprint using the biometric device provided by the Company. After validation of Your fingerprint against Your Aadhar Number as provided by You, the Platform shall store Your fingerprint (in a digitally encrypted format). Upon completion of each Prescription by You, You can to use the a biometric device to scan Your fingerprint, which in turn will enable the Platform the Platform to validate the authenticity of the Prescription.

8.       SHARING A PHOTOGRAPH OF THE PRESCRIPTION WITH THE PATIENT

a. Once You have completed the handwritten Prescription for any particular Patient, You are required to sign each such Prescription prior to sharing the same with the Patient. Once You have duly signed the Prescription, You can take a photograph of the said Prescription from the registered mobile number and upload the said photographed Prescription into your Account and also share the same with the Patient.

b. The said prescription shall be signed by You and You acknowledge and agree that You shall be liable and responsible for prescribing the medicines and treatment to the Patient. You may issue prescriptions for medicines only when in Your professional judgment it is in the Patients’ best interests to receive the medicine.

c. You will ensure that the image you are uploading is clear and contains all 4 edges of the prescription. If your prescription comes through cut off or the text is unreadable we will not be liable for it.

d. We accept jpg, jpeg, bmp, gif, png, pdf, and tiff files under 5 megabytes

9.       DISCLAIMER

YOU AGREE THAT YOU ARE NOT THE EMPLOYEE OR AGENT OF DIGISCRIBE AND THAT DIGISCRIBE ONLY HAS AN INDEPENDENT CONTRACTOR RELATIONSHIP WITH YOU. ACCORDINGLY, IN NO EVENT WILL DIGISCRIBE BE, DIRECTLY OR VICARIOUSLY, LIABLE FOR ANY ADVICE OR MEDICAL CONSULTANCY OR ANY LOSS ARISING THEREFROM THAT YOU MAY PROVIDE TO THE PATIENTS OR THAT THE PATIENTS MAY AVAIL AS PART OF THE SERVICES. You shall, at all times, be solely responsible for obtaining the Patients’ informed consent to any diagnosis, treatment, lab tests and/or drugs prescribed, including without limitation, consent to use any specific mechanisms and/or methods and procedures during the course of any consultation conducted through the Services, to the extent such consent is required by the applicable law.

It is hereby expressly clarified that, the Information that you obtain or receive from the Company, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Platform is for informational purposes only. The Company makes no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Platform. In no event shall the Company be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

Consultation is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if You adjudge that a physical examination would be required and advise ‘in-person consultation’, it is the sole responsibility of the Patients, to book an appointment for physical examination and in-person consultation whether the same is with the Doctor listed on the Platform or otherwise.

The Company 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 patients or Doctors for any outcome from the consultation between the Patients and the Doctors.

This platform is being made available to Patients to assist them to obtain consultation from Doctors and does not intend to replace the physical consultation with the Doctors.

You have represented to Digiscribe that You have the necessary and required degrees, licenses and/or certifications, as applicable, to practice as a qualified doctor and give medical advice to the Patients. Digiscribe is not responsible for credentialing You or any other any other practitioner/doctor, and is in no position to make any representation regarding the accuracy of Your credentials, and expressly disclaims any liability for fraudulent credentials or claims by You. In addition to the foregoing, changes in Your professional status could occur during the time of Your use of the Services and/or the Platform, and You hereby agree and confirm that You shall solely be responsible for updating any such information on the Platform. You further agree, confirm and undertake that in the event you are disqualified and barred from the practice of medicine at any time after You commence using the Services and/or the Platform, You shall forthwith cease and desist from using the Services and/or the Platform in all possible manner and form, and Digiscribe shall not be responsible for any claims, liabilities, damages that may arise in connection with such change in professional status and/or disqualification, and You shall, at all times, indemnify and keep indemnified the Company for any such claims, liabilities and/or damages threatened, or actual, that may be incurred by the Company in this regard.

You further agree and acknowledge that the Services shall be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with Your use of the Services. In the event You send or are required to send any reminders to Your Patients including, but not limited to, appointment reminders, reminders related to drugs or otherwise, then You shall solely and entirely be liable for the accuracy, timeliness and correctness of any such reminders and the Company shall have no means to establish the accuracy and correctness of the same. Further, if by using the Services the Company sends any reminders to the Patients, the same shall entirely be for, and on Your behalf, and shall be based as per Your inputs on the Platform in connection with such reminders. Therefore, the Company shall, in no manner be responsible for the accuracy, timeliness and/or frequency of such reminders and You are required to exercise Your sole discretion in relation to the same. You shall, at all times, indemnify and keep indemnified the Company for any claims, liabilities and/or damages threatened, or actual, that may be incurred by the Company as a result of the above.

In addition to the above, but without limitation, You agree that You will not do any of the following while using or accessing the Services:

(i) Upload, post, email or otherwise transmit any Content to which You do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that You might have with respect to the Content);

(ii) upload, post, email or otherwise transmit any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);

(iii) use the Services to collect or store personal data about other users without their express permission;

(iv) knowingly include or use any false or inaccurate information in any profile;

(v) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Services, or interfere with the access of any other user to the Services;

(vi) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content;

(vii) use any meta tags or other hidden text or metadata utilizing a Digiscribe name, trademark, URL or product name;

(viii) attempt to probe, scan or test the vulnerability of any Digiscribe system or network or breach or impair or circumvent any security or authentication measures protecting the Services;

(ix) attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services;

(x) use the Services in any way that competes with Digiscribe, including, without limitation, misrepresenting one’s identity or posing as a current or prospective patient in order to solicit or recruit or lure away any Practitioner, directly or indirectly; or

(xi) encourage or instruct any other person or entity to do any of the foregoing.

9.       PRIVACY

When you use the Services via the Platform, Digiscribe will collect certain personally identifiable information from You as set forth in more detail in our Privacy Policy, which is hereby incorporated by reference. The Privacy Policy is available at www.Digiscribe.in .

10.       CONFIDENTIAL INFORMATION

You will treat all information received from this Platform as confidential. You may not disclose this confidential information to any other person, and You may not use any confidential information except as provided herein. Except as otherwise provided in the Terms and Other Terms, You may not, without Our prior written consent, at any time, during or after the applicability of these Terms, directly or indirectly, divulge or disclose confidential information for any purpose or use confidential information for Your own benefit or for the purposes or benefit of any other person. You agree to hold all confidential information in strict confidence and to take all measures necessary to prevent unauthorized copying, use, or disclosure of confidential information, and to keep the confidential information from being disclosed into the public domain or into the possession of persons not bound to maintain confidentiality. You will disclose confidential information only to your employees, agents or contractors who have a need to use it for the purposes permitted under the Terms and Other Terms only. You will inform all such recipients of the confidential nature of confidential information and will instruct them to deal with confidential information in accordance with these Terms. You will promptly notify Us in writing of any improper disclosure, misappropriation, or misuse of the confidential information by any person, which may come to Your attention.

a. You agree that We will suffer irreparable harm if You fail to comply with the obligations set forth in this Section, and You further agree that monetary damages will be inadequate to compensate Us for any such breach. Accordingly, You agree that We will, in addition to any other remedies available to Us at law or in equity, be entitled to seek injunctive relief to enforce the provisions hereof, immediately and without the necessity of posting a bond.

b. This Section will survive the termination or expiration of these Terms or Agreement for any reason.

11.       TERMINATION

Digiscribe reserves the right, in the event you breach these Term of Use stipulated herein, to suspend and/or terminate Your access to the Platform, with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating Your access to the Platform.

Without prejudice to the foregoing, Digiscribe may also terminate or suspend (temporarily or permanently) all or a portion of Your account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Your account may include: (i) removal of access to all offerings within the Platform or with respect to the Services; and (ii) barring You from further use or access of the Platform or of any of the Services.

Once terminated or suspended (temporarily or permanently), You shall not be entitled to continue to use the Platform under the same account, a different account or re-register under a new account and Your right to procure the Services on the Platform shall immediately cease and the Company reserves the right to remove or delete Your information that is available with Digiscribe, including, but not limited to, Your login and Account Information.

Upon termination or suspension of these Terms of Use, the Company shall have no obligation to maintain or provide any of Your data and may thereafter, unless legally prohibited, delete all Your data in its systems or otherwise in its possession or under its control, including but not limited to Your personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Your account (or any part thereof).

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the Your account from the Platform and/or modification of Your ability to access the Services upon any breach by You of these Terms of Use or if the Company is unable to verify or authenticate any information that You submits to the Company and/or the Platform, or if You fail to provide (or after providing such consent, later revokes) the consents necessary or desirable for the Company to be able to provide/offer the Services on the Platform to You.

The right to terminate/ suspend the account is in addition to, and without prejudice to, the Company’s right to initiate action against You in accordance with applicable law.

11.2Any suspension, termination, or cancellation will not affect Your obligations to Digiscribe under these Terms of Use which by their nature are intended to survive such suspension, termination, or cancellation. For example, but not by way of limitation, upon any such suspension, termination, or cancellation the provisions of Section 10 (Ownership of Intellectual Property Rights), Section 13 (Disclaimer of Warranties), Section 14 (Representation and Warranty; Indemnity), Section 15 (Limitation of Liability), and Section 16 (Applicable Law) shall survive and remain in full force and effect, but the provisions of Section 11 (Your License to Use the Services) shall be suspended, terminated or cancelled, as the case may be.

Notwithstanding any such termination/suspension, Digiscribe may, at its sole discretion, retain such information collected from You through the Platform and/or the Services provided therein for as long as necessary, depending on the type of information, purposes, means and modes of usage of such information; and according to any other rules and/or applicable laws.

12.       OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

The Services, the Platform, and all information and/or content that you see, hear, or otherwise experience on the Platform (collectively,“Content”) are protected by the Indian and international copyright, trademark and other laws. We own or have the license to use all of the intellectual property rights relating to Digiscribe, the Services, the Platform, and the Content including, without limitation, all intellectual property rights protected as patent pending or patented inventions, trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, and whether or not they happen to be registered. You will not acquire any intellectual property rights in Digiscribe by Your use of the Services or the Platform.

For the sake of brevity, it is expressly clarified herein that any and all Content including, but not limited to, user generated content and/or information collected directly or indirectly from You, other doctors on the Platform, Your Patients or other patients shall belong solely and exclusively to Digiscribe. Copying any such copyrighted Content from the Platform for any purpose, whether commercial or otherwise, shall be a violation of Digiscribe’s copyright and Digiscribe reserves all its rights and remedies in law in relation to such violation.

13.       YOUR LICENSE TO USE THE SERVICES

When You use Our Services or the Platform, You may access intellectual property rights that We or Our licensors own or license. Subject to Your compliance with the terms and conditions of these Terms of Use, Digiscribe grants You a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by Digiscribe solely for Your personal purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms of Use, without Digiscribe’s express prior written consent. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Digiscribe or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

14.       ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Platform or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

15.       DISCLAIMER OF WARRANTIES

You expressly agree that use of the Platform and the Services thereon is at your sole risk. Both the Platform and Services are provided on an “as is” and “as available” basis. The Company expressly disclaims all and all liabilities and warranties of any kind, whether express or implied including, but not limited to any and all liabilities and warranties of fitness for a particular use or purpose, non-infringement, title, operability, condition, value, accuracy of data and system integration. You acknowledge and agree that the Company does not itself provide any health complaints and/or past medical information and/or history of the Patients, and the same is solely provided by the Patient and/or his/her legal guardian and/or caretaker, as the case may be. You acknowledge and agree that the Patients and/or their legal guardian/caretaker, as the case may be, using the Platform will have complete authority, responsibility, supervision, and control over the information, whether medical information or any other information to be provided by them, and the Company shall have no role or responsibility in any such information provided by the Patients and/or their legal guardian and/or their caretaker.

DIGISCRIBE AND/OR ITS AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITIES AND WARRANTIES REGARDING SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION PROVIDED TO YOU BY DIGISCRIBE WILL CREATE ANY LIABILITY OR WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

ALL THE CONTENTS ON THE PLATFORM ARE ONLY FOR GENERAL INFORMATION OR USE. THEY DO NOT CONSTITUTE ADVICE AND SHOULD NOT BE RELIED UPON IN MAKING (OR REFRAINING FROM MAKING) ANY DECISION.

WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED THROUGH THE SERVICES OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES. OUR SERVICES AND PLATFORM CONTENT ARE DEVELOPED FOR USE IN INDIA AND DIGISCRIBE AND/OR ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SERVICES OR PLATFORM CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY.

16.       REPRESENTATIONS, WARRANTIES, UNDERTAKINGS AND INDEMNITY

You represent and warrant that You will: (a) comply with any and all applicable medical guidelines, rules, laws including, but not limited to, the Indian Medical Council Act, 1956 and the rules prescribed thereto, the Drugs and Cosmetics Act, 1940 and the rules prescribed thereto, the Pharmacy Act, 1948 and/or such other rules and guidelines as may be applicable to the advise and services provided by You to the Patients; (b) comply with all of your wireless carrier's terms and conditions; (c) not breach any of the terms set forth in this Agreement; (d) verify and affirm the accuracy and truthfulness of all information You provide to Us or the Patient for accessing and using the Services or the Platform; and and (e) no information You upload on the Platform shall infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity).

In addition to the above, you agree, acknowledge and confirm the following:

(a)   The Platform will only act as an aggregator and assume no responsibility and/ or liability in relation to the prescription and/or dispensation of the medicines, which shall, at all times be, at Your sole risk and the sole responsibility of the third party pharmacies supplying the medicines to Your Patients;
(b)   The Company and/or the Platform do not recommend or endorse any specific medical expert(s), tests, products, procedures, opinions, or other information that may be mentioned on the Platform. Reliance on any information provided on the Platform is solely at Your own risk.
(c)   You take full responsibility for ensuring that the information submitted by You is accurate and neither the Company nor the Platform shall take any effort to validate any information provided by You for using the Services with respect to its content, correctness or usability. We, with an intention to provide the best services possible may ask You to share more information as and when needed.
(d)   The opinions, statements, answers (collectively “Consultation”) provided by You through the Platform are solely Your individual and independent opinions and statements and do not reflect the opinions of the Company and/or its affiliates. The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Platform.
(e)   The inclusion of professionals, specialists and/or medical experts on the Platform does not imply recommendation or endorsement of such professionals, specialists and/ or medical experts nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professionals, specialists and/or medical experts contained therein. Such information is provided on an ‘as-is’ basis and the Company expressly disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
(f)   The Company (including its Directors, officers and/or employees) accepts no responsibility for any medical, legal or financial events or outcomes related to the Services availed through the use of the Platform.
(g)   The Company 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 Digiscribe’s employees. The Company shall not be responsible for transmission errors and/or corruption of data, if at all any.
(h)   The Platform is for personal use and you shall not be entitled to used the same for commercial purposes.
(i)   The Platform and/or the Services and/or the information thereon shall not be used for any illegal purposes whatsoever. You shall not be entitled to access our networks, computers and/or the information and/or Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment of our Platform and/or Services and/or the information thereon. You may not attempt to gain unauthorized access to any information and/or Services, other accounts, computer systems, or networks connected with the Platform and/or Services and/or information. You may not use any automated means (such as a scraper) to access the Platform and/or the information and/or the Services for any purpose whatsoever. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Digiscribe profile/ account. Any attempt by any individual or entity to solicit login information of any other user or medical expert or to access any such account, shall be an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
(j)   Your right to use the Services is not transferable.
(k)   Notwithstanding anything to the contrary contained herein, You alone shall be liable for Your dealings and interaction with Patients managed through the Platform and the Company shall have no liability or responsibility whatsoever in this regard. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by the Patient and/or any third party through the Platform.
(l)   The exchanges between You and the Patient, if any, on the Platform and the Prescription would be accessible to the Company for the purposes of monitoring the quality of the consultation and for the purposes of collection of data as more specifically set forth in our Privacy Policy.
(m)   The Company may, at its sole discretion, suspend Your ability to use or access the Platform at any time while the Company investigates complaints or alleged violations of these Terms of Use, or for any other reason.
(n)   The Company and its Platform merely act in the capacity of facilitators between You, the Patients by providing a platform for You, the Patients and the pharmancies to interact and transact with each other. In no event shall the Company and/or the Platform be held liable for any of the losses attributable to Services offered through the Platform.

The Company expressly disclaims all representations, warranties, liabilities, conditions, or indemnities, express or implied in respect of the Platform and/or its Services.

You will indemnify, defend, and hold harmless Digiscribe, Digiscribe’s licensors and affiliates and our respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:

(i)   your access to and/or use of the Services, the Platform, or the Content;
(ii)   your violation of any of the provisions of these Terms of Use;
(iii)   Your violation of any rules, regulations, acts and/or laws that are in force or that may come into force from time to time;
(iv)   any activity related to your Account by You or any other person accessing the Platform or Services through your Account, including, without limitation, negligent or wrongful conduct; or
(v)   your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

Digiscribe reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You agree, undertake and cofirm to cooperate with us in asserting any available defenses.

17.       LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMISSIBLE BY THE APPLICABLE LAWS, AND IN NO EVENT WILL, DIGISCRIBE AND/OR ITS AFFILIATES BE LIABLE TO YOU AND/OR YOUR PATIENTS FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE SERVICES AND/OR THE PLATFORM AND/OR THE CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE, AND/OR WHETHER OR NOT DIGISCRIBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE SERVICES AND/OR THE PLATFORM AND/OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES AND/OR THE PLATFORM AND/OR THE CONTENT AND/OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, MUST BE BROUGHT WITHIN 30 (THIRTY) DAYS OF THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION, OR THE SAME WILL BE DEEMED TO BE FOREVER BARRED. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO CREATE OR MAINTAIN AN ACCOUNT WITH THE SITE OR THE SERVICES.

WE AND/OR OUR AFFILIATES SHALL, UNDER NO CIRCUMSTANCES WHATSOEVER, BE LIABLE FOR ANY DELAY AND/OR DEFAULT IN PERFORMANCE UNDER THIS AGREEMENT CAUSED BY AN EVENT BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, WAR, ACCIDENT, ACT OF GOD, INDUSTRIAL ACTION, EMBARGO OR A DELAY, FAILURE OR DEFAULT BY YOU, YOUR WIRELESS CARRIER, OR ANY OTHER SUPPLIER OF GOODS OR SERVICES TO US OR TO YOU.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAY PROVIDE AND/OR MAKE AVAILABLE AND/OR OTHERWISE REPRODUCE THIRD PARTY CONTENT AND/OR PART THEREOF ON THE PLATFORM AND/OR MAY PROVIDE LINKS TO WEB PAGES AND CONTENT OF THIRD PARTIES (COLLECTIVELY, "THIRD PARTY CONTENT") AS PART OF THE SERVICES TO THOSE INTERESTED IN SUCH THIRD PARTY CONTENT. WE DO NOT MONITOR OR HAVE ANY CONTROL OVER ANY THIRD PARTY CONTENT OR THIRD PARTY WEB SITES. WE DO NOT ENDORSE OR ADOPT ANY THIRD PARTY CONTENT AND MAKE NO GUARANTEE WHATSOEVER AS TO ITS ACCURACY, RELIABILITY OR COMPLETENESS. WE DO NOT REPRESENT OR WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED THEREIN, AND WE UNDERTAKE NO RESPONSIBILITY TO UPDATE OR REVIEW ANY THIRD PARTY CONTENT. YOU USE SUCH THIRD PARTY CONTENT CONTAINED THEREIN SOLELY AND ENTIRELY AT YOUR OWN RISK.

18.       APPLICABLE LAW AND DISPUTE SETTLEMENT

Any dispute, claim or controversy arising out of or relating to this Terms of Use, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Platform or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Digiscribe. The Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. 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.

Subject to the foregoing, these Terms of Use shall be governed by and construed in accordance with the laws of India. You consent to the jurisdiction of the courts of Mumbai, Maharashtra, for any and all disputes arising under or in connection with this Agreement.

19.       CHANGES TO THESE TERMS

We reserve the right to change our Terms of Use at any time. Any changes that we make will become a part of Our Agreement with You when they are posted to Our Platform. Your continued use of Our Services or the Platform will constitute Your agreement to the changes we have made. The last date on which these Terms of Use were revised is set forth at the end of this document.

20.       SEVERABILITY

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

21.       NO WAIVER

Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect Our right to later enforce or exercise it.

22.       NOTICES

The Company may contact you by email to the email address provided in your Account, by written communication to the postal address provided in your Account or by a general notice on the Platform.

You may contact the Company at any time via http://www.digiscribe.in, or by submitting a letter to - [email protected]

DIGIRECORDS TERMS OF USE FOR PATIENTS

These Terms of Use are between Digiscribe Technology Private Limited, that owns and controls the platform known as, ‘DigiRecords’ (“Company”, “Digiscribe”, “we”, “our”, “us”) and you, a person/user using and/or registered on the Platform (as defined hereinbelow) in the capacity of a patient and/or the patient’s legal guardian and/or caretaker, as the case may be (“Patient”, “You”, “Your”).

These Terms of Use govern Your use of DigiRecords http://www.digiscribe.in and the web application http://www.digiscribe.in (together referred to as hereinafter the “Platform”), and all related players, widgets, tools, applications, data, software, application program interface (APIs) and other services provided by Digiscribe (the “Services”).

The Company offers this Platform and the Services available thereon You, conditioned upon Your acceptance of all terms, conditions, policies and notices stated herein. By accepting these Terms of Use and the Privacy Policy http://www.digiscribe.in, You are electing to join the Platform and using it to access certain services over the internet through the Platform and related services.

PLEASE NOTE THAT DIGISCRIBE IS NOT AND DOES NOT PROVIDE EMERGENCY SERVICES. IF YOU THINK YOU HAVE A MEDICAL OR HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE IN NEED OF SOME URGENT MEDICAL ATTENTION OR TREATMENT, CALL 100 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is 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(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 Platform accessible at http://www.digiscribe.in.

If You do not agree to all the terms and conditions herein, then You shall not be entitled to access the Platform and/or use any of the Services.

These Terms of Use, together with our Privacy Policy and any other terms that may be notified to You from time to time, constitute a legally binding agreement (the “Agreement”) between You and Digiscribe in relation to Your use of the Platform.

1.       NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

a.   Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Platform (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Digiscribe and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
b.   It is hereby expressly clarified that, the Information that you obtain or receive from Digiscribe, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Platform is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Platform. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
c.   The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.

2.       THIS PLATFORM IS NOT INTENDED TO BE USED TO:

a.  Treat a medical emergency or medical condition.
b.   Advise or resolve legal, medical or financial issues outside the scope of what has been agreed or provided.

Information or advice provided on the Site by professionals should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment. Nothing transmitted to or from this Site constitutes the establishment of a doctor-patient relationship between you and any professional providing information or advice through the site. The site is not intended to diagnose a medical condition.

3.       ACCEPTANCE OF TERMS OF USE

Please read these Terms of Use and Privacy Policy very carefully. By accessing or using the Platform and/or making an account and/or by viewing and/or accessing any Services offered on the Platform, You represent that You have read the Terms of Use, Privacy Policy and agree to be bound by the same and all terms incorporated by reference. Digiscribe is a service for individuals to use to support their personal health. You may use Digiscribe for personal, but not for commercial purposes.You further represent and warrant that You are either 18 years of age or more, or the applicable age of majority in Your jurisdiction and/or are accessing the Platform on behalf of a Dependent (as defined hereinafter) in the capacity of the Dependent’s legal guardian or caretaker (as the case may be). If You do not agree with all of the use requirements and restrictions described herein, you shall not be entitled to use and/or access the Platform or any of our Services.

By agreeing to these Terms of Use, You also agree to Our Privacy Policy and/or such other policies as may be established or introduced by the Company from time to time.

4.       APPLICABILITY OF THESE TERMS

Your access to, and use of, the Platform and the Services offered thereon is conditioned on Your compliance with these Terms of Use. By becoming a registered user and/or accessing and/or using the Services, the Platform, or any portion of the Services or the Platform, You agree to be bound by these Terms of Use and all applicable laws and regulations governing the Services. If You do not agree with these Terms, You are not authorized to access or use the Services for any purpose. Additional terms and conditions applicable to specific areas of the Platform or to particular transactions are also posted in particular areas of the Platform and, together with these Terms of Use, govern Your use of those areas. If You do not agree with any of these additional terms and conditions, You are not authorized to access or use the Platform.

5.       SERVICES

You hereby agree, acknowledge and understand that the Company is merely a platform, that facilitates Your communication with certain third parties, such third party being qualified registered doctors who have been granted access to the Platform (“Doctors”) to digitally and manually complete and share prescriptions with you via the Platform (“Prescriptions”), in which the Doctor may elect to prescribe certain medicines to You, solely based on the Doctor’s diagnosis to the symptoms which You have and as shall be deemed fit by the Doctor, in his/her sole discretion (“Medicines”). For the sake of clarity, You hereby agree and understand that the Company does not provide any of the aforesaid services to You other than providing the Platform as a means to use and/or transact at Your own cost and risk and upon exercising Your sole discretion in the manner required on the Platform.

6.       USE OF THE PLATFORM

The Doctors who deliver Services through this Platform are independent professionals responsible for the services and/or any medical advice and/or Prescription that such a Doctor provides to You. You hereby agree and understand that the Company does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by the Doctors, each of whom is responsible for his or her services and compliance with the requirements applicable to such Doctor’s profession and license. The Company makes reasonable efforts to ensure that the Doctors only participate in the Services if they hold all active licenses required by law to practice the specialties of the services offered by them. The Company may exclude Doctors who, in the Company’s discretion, have engaged in inappropriate or unprofessional conduct.We make no representations and provide no warranty as to the quality of any of the Services, information, any suggested lab tests, prescribed drugs and/or other material provided by the Doctors through the Platform, particularly through the Prescriptionshereunder, or that any errors in the Services provided either by the Doctors will be corrected. Neither the Company nor any third parties who promote the Services or provide You with a link to the Service/s shall be liable for any professional advice or services You obtain from a Doctor including, but not limited to, any medical or non-medical advice, diagnoses, Prescriptions, treatment plans or advisories via the Platform or the Services. Accordingly, the Company is not and cannot be a party to any transaction between You and the Doctors, or have any control, responsibility, involvement or influence over or be held liable for any medical or non-medical advice, diagnoses, treatment plans, advisories and/or the Prescriptions received by You from the Doctors. Note that the Company (a) does not recommend or endorse any Doctors, (b) does not make any representations or warranties with respect to these Doctors or the quality of the healthcare services they may provide, and (c) does not receive any additional fees from Doctors for featuring them (i.e., higher or better placement on lists) through the Services. The Company therefore disclaims any and all warranties and liabilities associated with the abovementioned Prescriptions, medical or non-medical advice, diagnoses, treatment plans and/or any advisories.

The Company does not, at any point of time, during any transaction between You and the Doctor/s on the Platform come into, or take possession of, any of the products and/or services offered by the Doctors nor does it at any point gain title to or have any rights or claims over the such products or services offered by the Doctors. Further, the Company does not, at any time, hold any right, title or interest over the products or the services offered by the Doctors; nor shall the Company have any obligations or liabilities in respect of such products and/or services (particularly including, but not limited to, the Prescriptions) which may be offered and/or provided to You through or via the Platform and/or the Services. The Company is not responsible or liable, in any manner whatsoever, for any unsatisfactory or delayed performance of any such services and/or the products, or for any damages or delays whatsoever, caused thereby, including, but not limited to any damages or delays caused as a result of Medicines or any composition of any of the Medicines or the efficacy and/or reliability of such Medicines and/or any suggested lab tests by the Doctor. YOU HEREBY EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE COMPANY IS SIMPLY A PLATFORM FACILITATING AND PROVIDING THE SERVICES FOR YOUR EASE AND CONVENIENCE AND DOES NOT PROVIDE MEDICAL SERVICES OR FUNCTION AS A HEALTH CARE CENTRE AND THAT ALL SUCH MEDICAL SERVICES OR PRODUCTS ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS, I.E., THE DOCTORS WHO ARE NOT EMPLOYED BY, OR THE AGENTS OF, THE COMPANY OR ANY OF ITS AFFILIATES, AND IN RESPECT OF WHOM THE COMPANY SPECIFICALLY AND ABSOLUTELY DENIES AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY, INCLUDING BUT NOT LIMITED TO ANY VICARIOUS LIABILITY OR LIABILITY AS A PRINCIPAL.

The Services may change from time to time, at the sole discretion of the Company, and these Terms of Use will apply to Your use of the Platform to avail the Services, as well as to all information provided by You on the Platform at any given point in time.

7.       USER ACCOUNTS

To access the Platform and the Services you represent and warrant that you are at least eighteen (18) years of age and possess the legal right, capacity and ability, on your own behalf to accept and agree to these Terms and Conditions.

You agree to create your account (Account) accurately and truthfully, including but not limited to your name, postal address, mobile telephone number, email address and password.

As a Patient, You do not have to compulsorily download the Digiscribe mobile application or the Platform. However, when You visit any Doctor, You will necessarily have to provide some personal information, either during Your visit to the Doctor or as part of the pre-registration process upon booking an appointment with the Doctor. In the event You want to register on the Platform and wish to create an account (“ACCOUNT”), You must be of legal age to form a binding contract. If You are not of legal age to form a binding contract or are otherwise incompetent to contract as per the Indian Contract Act, 1872, You shall not be entitled to register or use Our Platform and/or the Services thereon. Upon successful registration on the Platform, You will be provided an ID which shall be special and unique for You. Further, You will also be entitled to make sub-accounts in Your Account either for a person incompetent to contract, of whom You are the legal guardian or for any such person of whom You are otherwise a caretaker (such persons shall individually and/or collectively be referred to as “Dependents” ). Each of such persons with sub-accounts in Your Account shall also be allotted unique IDs. You hereby agree that the Account Information that You provide to Us (either for Your own Account or for any sub-accounts), including during registration and any medical information that You may provide (either for Your own Account or for any sub-accounts) to the Doctor and/or any other information that You may upload on the Platform, shall, at all times, be true, accurate, and complete and You shall, at all times, be solely responsible for the accuracy and/or completeness of such information (either for Your own Account or for any sub-accounts). You shall not, and shall not be entitled to, transfer or share Your Account password with anyone, or create more than one Account (with the exception of sub-accounts). You agree to prohibit anyone else from using your Account and you agree immediately to notify the Company of any actual or suspected unauthorised use of your Account or any other security concerns, howsoever arising, immediately upon your becoming aware of them. Unless and until you notify the Company of any suspicious activity or security concerns we will assume all actions taken linked to your Account to be authorised by you. The Company reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Platform and Your Account Information. In no event and under no circumstances shall We be held liable to You for any liability or damages resulting from or arising out of Your use of the Platform, Your use of the Account information or your release of the Account information to a third party. Further, You shall not, and shall not be entitled to, use anyone else’s account at any time, save and except for the sub-accounts created by You.

8.       CONSULTATIONS:

Prior to Your visit to any Doctor, You will receive an SMS with Your appointment details (in the event you have booked an appointment via this Platform)anda weblink to the Platform. The aforesaid Platform link will contain a form containing several fields/questions pertaining to Your impending visit to the Doctor including, but not limited to, Your health complaints, symptoms that you may be experiencing, discomfort, allergies, previous medical history, etc. (“Form”). Please note that filling this Form is optional in nature, and Youmay elect to skip filling the Form altogether. However, in the event that You elect to fill the Form, the Form as filled by you shall be shared with Your Doctor prior to Your consultation with the said Doctor. Accordingly, You expressly agree and acknowledge that all information and/or health complaints set out in the Form by You or Your Dependant shall be true, complete and accurate, and not misleading, false and inaccurate and/or otherwise not contain any information, details or particulars that may impact or hinder with the diagnosis and Prescriptions to be prescribed by the Doctor. You further undertake to make all such necessary disclosures to the Doctor at the time of Your consultation. You agree and understand that the Company shall have no means to verify the accuracy, truthfulness and/or completeness of the information provided by You in the Form, and accordingly, the Company shall not be liable for any consequences whatsoever that may arise on account of the use and/or reliance by either Digiscribe and/or the Doctor of such information either provided by You or not provided by You in such a Form. It is expressly clarified that Digiscribe and the Company shall not be liable in any manner whatsoever in the event that the Form is found to contain any information that is found to be misleading, false, incomplete and inaccurate and You agree, undertake and confirm to take full responsibility and liability arising in connection thereto.

During Your visit to any Doctor (either for Yourself or for Your Dependent), You will necessarily have to provide some additional information either during Your visit to the Doctor or as a pre-registration upon booking an appointment with the Doctor. Such information shall include:

(i)   Name of the patient (additionally, Your name, if the patient is the Dependent);
(ii)   Mobile number;
(iii)   Age of the patient;
(iv)   Height of the patient;
(v)   Sex of the patient;
(vi)   Blood Group of the patient;
(vii)   Complaints of the patient;
(viii)   Lab reports of the patient, if any;
(ix)   Automatic Google location detection (in the event You have a smartphone); and
(x)  Full Address of the Patient.

After Your medical consultation with the Doctor in person, You will receive the Prescription from the Doctor as an SMS with a PDF attachment or a photograph of the Prescription in Your Account (in the event You have not downloaded the application/Platform). However, in the event You have downloaded the application/Platform, You shall directly receive the Prescription in the application along with a notification. You hereby expressly agree that you shall solely be responsible for reviewing the contents of the Prescription based on your consultation with the Doctor including, but not limited to, the Doctor’s diagnosis and medicines prescribed by the Doctor, and Digiscribe shall, at no times, be responsible for any of the contents of the Prescription. You agree that Digiscribe has no means to establish the accuracy of the contents of the Prescription and/or the conformity between the Doctor’s medical advice during Your consultation with the Doctor and the contents of the Prescription thereof and shall assume no liability whatsoever on this account. In the event You do not understand the Prescription, it is Your responsibility to get in touch with the Doctor and seek clarification for the same. Your Prescription shall mainly consist of 4 (four) sections, for Your ease of reference.

a.   SECTION 1 – COMPLAINTS: In this first section, the Doctor will list down any and all health complaints that You or Your Dependent, might have. You hereby expressly agree and acknowledge that You shall strictly provide only such information and health complaints that You or Your Dependent are actually experiencing and You further agree and confirm that any information that You provide to the Doctor relating to Your medical history or such other information that You provide to the Doctor, which will in any way impact the diagnosis and further prescriptions to be prescribed by the Doctor, shall be true and accurate to the best of Your knowledge.

b.   SECTION 2 – DIAGNOSIS; SECTION 3 – SUGGESTED LAB TESTS; SECTION 4 – DRUGS PRESCRIBED:On the basis of the information provided by You in Section 1 above, the Doctor shall provide his diagnosis, shall suggest lab tests (if any) and prescribe any medicines to You (if any). You hereby agree and understand that such diagnosis, lab tests suggested or any prescribed medicines are solely the opinion of the Doctor and the Company has no role or responsibility in such diagnosis, lab tests suggested or the Medicines prescribed. You hereby expressly agree and confirm that the Company can in no manner establish and/or verify the accuracy and correctness of the Doctor’s observations/diagnoses/treatment plans/advisories, or lab tests suggested or the Medicines prescribed and is not liable for the same, in any manner, and to any extent, whatsoever.

On the basis of the information provided by You in Section 1 above, the Doctor shall provide his diagnosis, shall suggest lab tests (if any) and prescribe any medicines to You (if any). You hereby agree and understand that such diagnosis, lab tests suggested or any prescribed medicines are solely the opinion of the Doctor and the Company has no role or responsibility in such diagnosis, lab tests suggested or the Medicines prescribed. You hereby expressly agree and confirm that the Company can in no manner establish and/or verify the accuracy and correctness of the Doctor’s observations/diagnoses/treatment plans/advisories, or lab tests suggested or the Medicines prescribed and is not liable for the same, in any manner, and to any extent, whatsoever.

Please note that the Doctor may choose to skip any of the 4 (four) sections of the Prescription, in the event the Doctor is, in his sole discretion, of the opinion that any particular section of the Prescription is not applicable to You or Your Dependent. The Company is not, and shall in no manner and to no extent be, responsible or liable for any section that the Doctor chooses or deems fit, to skip, in his sole discretion and/or for any services or advice provided by Your Doctor, including, but not limited to, any medical or non medical advice, diagnoses, Prescriptions, treatment plans or advisories, and/or for any lab tests suggested and/or for any Medicines prescribed. Further, please note that the validity of the Prescriptions shall be for such duration as shall be decided by Your Doctor, on a case-to-case basis, and You hereby undertake not to use and/or buy any Medicines based on the Prescriptions after the validity of the Prescription is over. You further agree and confirm that Digiscribe shall, at no time, be held liable for either the validity of any Prescription and/or Your usage of any Prescription after the expiry of the Prescription.

9.       PLATFORM CONTENT

The medical advice and Prescription provided to you by a Doctor is based on Your personal health and medical data as provided by You and the local standards of care for your presenting symptoms. Please note and understand that any medical advice, Medicines and/or Prescriptions are not provided by Us, but are provided by Your Doctor and the Company is not liable for the same, in any manner, and to any extent, whatsoever.The contents of the Platform, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Platform (collectively, "Content"), are the property of the Company and are protected under copyright, trademark and other laws. User shall not modify the the Company Content or reproduce, display, publicly perform, distribute, or otherwise use the Company Content in any way for any public or commercial purpose or for personal gain.

10.       YOUR ROLE AND RESPONSIBILITIES

During your medical consultation/appointment with a Doctor, details of Your and/or Your Dependent’s (as the case may be) health history and personal health information may be discussed, between You and the Doctor, to provide You and/or Your Dependent (as the case may be) with effective medical advice.

Please note that you should seek emergency help or follow-up care when recommended by a Doctor or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. Never disregard, avoid, or delay in obtaining medical advice from any other qualified healthcare provider because of something You have read or seen on the Platform. If You have, or suspect that You have, a medical problem or condition, whether serious in nature or not, please contact a qualified healthcare professional immediately.So also, if You require any medication on an immediate basis, please never delay procuring such medicines from any other pharmacy close to You. The Services provided hereunder are intended for general purposes only and not for emergencies/serious illnesses requiring immediate consultation.

Digiscribe supports the Doctors by providing them with a license to the Digiscribe intellectual property rights, including our patent pending inventions, trade secrets, copyrights, trademarks, service marks, trade dress and proprietary and confidential information, access to Digiscribe’s technology platform, and administrative services. However, under the Services, exclusive control and responsibility for the practice of medicine and delivery of medical health services is reserved with the Doctors, and Digiscribe has no role or responsibility whatsoever with regard to any medical advice provided to You by any Doctor and is not liable for the same, in any manner, and to any extent, whatsoever.

All the Doctors available through the Services and on the Platform have represented to You and Digiscribe alike that they have the necessary and required degrees, licenses and/or certifications, as applicable, to practice as a qualified registered doctor and give medical advice to You. Digiscribe is not responsible for credentialing any Doctor, and makes no representation regarding the accuracy of the Doctors’ credentials, and expressly disclaims any liability for fraudulent credentials or claims by any Doctor. We recommend that You separately confirm that Your Doctor is in good standing with its respective licensing/certification board(s) or authorities.

By accepting these Terms of Use, You acknowledge that You understand and agree with the following:

(i)   You understand that You may expect the anticipated benefits from the use of Our Services in Your care, but that no results can be guaranteed or assured;
(ii)   Your Doctor may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide the Services to You through the Platform.

You further agree and acknowledge that the Services shall be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with Your use of the Services. In the event You receive any reminders from Us or Your Doctor in relation to matters including, but not limited to, appointment reminders, reminders related to drugs or otherwise, then Your Doctor shall solely and entirely be liable for the accuracy and correctness of any such reminders and the Company has no means to establish the accuracy and correctness of the same. Further, if by using the Services the Company sends any reminders to You, the same shall entirely be for and on Your Doctor’s behalf and shall be based as per Your Doctor’s inputs on the Platform in connection with such reminders. Therefore, the Company shall, in no manner be responsible for the accuracy and/or frequency of such reminders and You are required to exercise Your sole discretion in relation to the same, and the Company shall not liable be for the same, in any manner, and to any extent, whatsoever.

In addition to the above, but without limitation, You agree that You will not do any of the following while using or accessing the Services:

(i)   Upload, post, email or otherwise transmit any Content to which You do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that You might have with respect to the Content); (ii)  upload, post, email or otherwise transmit any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
(iii)  use the Services to collect or store personal data about other users without their express permission;
(iv)  knowingly include or use any false or inaccurate information in any profile;
(v)  upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Services, or interfere with the access of any other user to the Services;
(vi)  circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content;
(vii)  use any meta tags or other hidden text or metadata utilizing a Digiscribe name, trademark, URL or product name;
(viii)  attempt to probe, scan or test the vulnerability of any Digiscribe system or network or breach or impair or circumvent any security or authentication measures protecting the Services;
(ix)  attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services;
(x)  use the Services in any way that competes with Digiscribe, including, without limitation, misrepresenting one’s identity or posing as a current or prospective patient in order to solicit or recruit or lure away any Doctor(s) and/or other Patient(s), directly or indirectly; or
(xi)  encourage or instruct any other person or entity to do any of the foregoing.

YOU HEREBY AGREE, ACKNOWLEDGE AND CONFIRM THAT THE DOCTORS ARE NOT THE EMPLOYEES OR AGENTS OF DIGISCRIBE. Each Doctor is responsible for obtaining Your informed consent in relation to any diagnosis and/or treatment, including without limitation, Your consent to use any specific mechanisms and/or methods and procedures in the course of any consultation conducted through the Services, to the extent such consent is required by the applicable law and the Company shall not be responsible or liable for the same, in any manner, and to any extent, whatsoever.

It is hereby expressly clarified that, the Information that you obtain or receive from the Company, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Platform is for informational purposes only. The Company makes no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Platform. In no event shall the Company be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

The Company 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 Doctors for any outcome from the consultation between the User and the Doctors.

This platform is being made available to Users to assist them to obtain consultation from Doctors and does not intend to replace the physical consultation with the Doctors.

11.       PRIVACY

When you use the Services via the Platform, Digiscribe will collect certain personally identifiable information from You as set forth in more detail in our Privacy Policy, which is hereby incorporated by reference. The Privacy Policy is available at http://www.digiscribe.in.

12.       CONFIDENTIAL INFORMATION

a.   You will treat all information received from this Platform as confidential. You may not disclose this confidential information to any other person, and You may not use any confidential information except as provided herein. Except as otherwise provided in the Terms and Other Terms, You may not, without Our prior written consent, at any time, during or after the applicability of these Terms, directly or indirectly, divulge or disclose confidential information for any purpose or use confidential information for Your own benefit or for the purposes or benefit of any other person. You agree to hold all confidential information in strict confidence and to take all measures necessary to prevent unauthorized copying, use, or disclosure of confidential information, and to keep the confidential information from being disclosed into the public domain or into the possession of persons not bound to maintain confidentiality. You will disclose confidential information only to your employees, agents or contractors who have a need to use it for the purposes permitted under the Terms and Other Terms only. You will inform all such recipients of the confidential nature of confidential information and will instruct them to deal with confidential information in accordance with these Terms. You will promptly notify Us in writing of any improper disclosure, misappropriation, or misuse of the confidential information by any person, which may come to Your attention.
b.   You agree that We will suffer irreparable harm if You fail to comply with the obligations set forth in this Section, and You further agree that monetary damages will be inadequate to compensate Us for any such breach. Accordingly, You agree that We will, in addition to any other remedies available to Us at law or in equity, be entitled to seek injunctive relief to enforce the provisions hereof, immediately and without the necessity of posting a bond.
c.  This Section will survive the termination or expiration of these Terms or Agreement for any reason.

13.       TERMINATION

Digiscribe reserves the right, in the event you breach these Term of Use stipulated herein, to suspend and/or terminate Your access to the Platform with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating Your access to the Platform. Upon suspension or termination, Your right to procure the Services on the Platform shall immediately cease and We reserve the right to remove or delete Your information that is available with Digiscribe, including but not limited to Your login and Account Information.

Any suspension, termination, or cancellation will not affect Your obligations to Digiscribe under these Terms of Use which by their nature are intended to survive such suspension, termination, or cancellation. For example, but not by way of limitation, upon any such suspension, termination, or cancellation the provisions of Section 14 (Ownership of Intellectual Property Rights), Section 17 (Disclaimer of Warranties), Section 18 (Representation and Warranty; Indemnity), Section 20 (Limitation of Liability), and Section 21 (Applicable Law) shall survive and remain in full force and effect, but the provisions of Section 15 (Your License to Use the Services) shall be suspended, terminated or cancelled, as the case may be.

Notwithstanding any such termination/suspension, Digiscribe may, at its sole discretion, retain such information collected from You through the Platform and/or the Services provided therein for as long as necessary, depending on the type of information, purposes, means and modes of usage of such information; and according to any other rules and/or applicable laws.

14.       OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

The Services, the Platform, and all information and/or content that you see, hear, or otherwise experience on the Platform (collectively, “Content”) are protected by the Indian and international copyright, trademark and other laws. We own or have the license to use all of the intellectual property rights relating to Digiscribe, the Services, the Platform, and the Content,including, without limitation, all intellectual property rights protected as patent pending or patented inventions, trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, and whether or not they happened to be registered. You will not acquire any intellectual property rights in Digiscribe by Your use of the Services or the Platform.

For the sake of brevity, it is expressly clarified herein that any and all Content including, but not limited to, user generated content and/or information collected directly or indirectly from You, other patients, Your Doctor or other doctors shall belong solely and exclusively to Digiscribe. Copying any such copyrighted Content from the Platform for any purpose, whether commercial or otherwise, shall be a violation of Digiscribe’s copyright and Digiscribe reserves all its rights and remedies in law in relation to such violation.

15.       YOUR LICENSE TO USE THE SERVICES

When You use Our Services or the Platform, You may access intellectual property rights that We or Our licensors own or license. Subject to Your compliance with the terms and conditions of these Terms of Use, Digiscribe grants You a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by Digiscribe solely for Your personal purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms of Use, without Digiscribe’s express prior written consent. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Digiscribe or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

16.       ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Platform or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related Platform is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Service or on any related Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Platform, should be taken to indicate that all information in the Service or on any related Platform has been modified or updated.

17.       DISCLAIMER OF WARRANTIES

You expressly agree that use of the Platform and the Services thereon is at your sole risk. Both the Platform and Services are provided on an “as is” and “as available” basis. The Company expressly disclaims any and all warranties and liabilities of any kind, whether express or implied including, but not limited to any and allliabilities and warranties of fitness for a particular use or purpose, non-infringement, title, operability, condition, value, accuracy of data and system integration. You acknowledge and agree that the Company does not itself provide medical advice, diagnosis, treatment, the Prescription and/or the Medicines. You acknowledge and agree that the Doctors using the Platform will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, medicines and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of the Doctors, in their sole discretion, as they deem appropriate.

DIGISCRIBE AND/OR ITS AFFILIATES DISCLAIM ANY LIABILITIES AND WARRANTIES REGARDING SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION PROVIDED TO YOU BY DIGISCRIBE WILL CREATE ANY LIABILITY OR WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED THROUGH THE SERVICES OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES. OUR SERVICES AND PLATFORM CONTENT ARE DEVELOPED FOR USE IN INDIA AND DIGISCRIBE AND/OR ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SERVICES OR PLATFORM CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY.

18.       REPRESENTATIONS, WARRANTIES, UNDERTAKINGS AND INDEMNITY

You represent and warrant that You will: (a) comply with all of your wireless carrier's terms and conditions; and (b) not breach any of the terms set forth in this Agreement (c) the accuracy and truthfulness of all information You provide to Us or the Practitioner for accessing the Services or the Platform, and (2) no information You upload on the Platform shall infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity).

In addition to the above, you agree, acknowledge and confirm the following:

(a)   The Platform will only act as an aggregator and assume no responsibility and/ or liability in relation to the Prescription, which shall, at all times be, at Your sole risk and the sole responsibility of the Doctors supplying the Prescription to You;
(b)   The Company and/or the Platform do not recommend or endorse any specific medical expert(s), tests, products, procedures, opinions, or other information that may be mentioned on the Platform. Reliance on any information provided on or through the Platform is solely at Your own risk.
(c)   You take full responsibility for ensuring that the information submitted by You is accurate and neither the Company nor the Platform shall take any effort to validate any information provided by You for using the Services with respect to its content, correctness or usability. We, with an intention to provide the best services possible, may ask You to share more information as and when needed.
(d)   The opinions, statements, answers (collectively “Consultation”) provided by the Doctors through the Platform are solely the Doctor’s individual and independent opinions and statements and do not reflect the opinions of the Company and/or its affiliates. The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, any medical and/or non-medical advice, diagnoses, Prescriptions, treatment plans or advisories, and/or Medicines prescribed.
(e)  The inclusion of professionals, specialists and/or medical experts on the Platform does not imply recommendation or endorsement of such professionals, specialists and/ or medical experts nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professionals, specialists and/or medical experts contained therein. Such information is provided on an ‘as-is’ basis and the Company expressly disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
(f)  The Company (including its Directors, officers and/or employees) accepts no responsibility for any medical, legal or financial events or outcomes related to the Services availed through the use of the Platform. (g)   The Company 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 Digiscribe’s employees. The Company shall not be responsible for transmission errors and/or corruption of data, if at all any.
(h)  The Platform is for personal use and you shall not be entitled to use the same for commercial purposes.
(i)   The Platform and/or the Services and/or the information thereon shall not be used for any illegal purposes whatsoever. You shall not be entitled to access our networks, computers and/or the information and/or Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment of our Platform and/or Services and/or the information thereon. You may not attempt to gain unauthorized access to any information and/or Services, other accounts, computer systems, or networks connected with the Platform and/or Services and/or information. You may not use any automated means (such as a scraper) to access the Platform and/or the information and/or the Services for any purpose whatsoever. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Digiscribe profile/ account. Any attempt by any individual or entity to solicit login information of any other user or medical expert or to access any such account, shall be an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
(j)   Your right to use the Services is not transferable.
(k)  Notwithstanding anything to the contrary contained herein, You alone shall be liable for Your dealings and interaction with the Doctors on the Platform and the Company shall have no liability or responsibility whatsoever in this regard. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by You, the Doctor(s)and/or any third party,on or through the Platform.
(l)  The exchanges between You and the Doctor(s), if any, on the Platform and the Prescription(s) would be accessible to the Company for the purposes of monitoring the quality of the consultation and for the purposes of collection of data as more specifically set forth in our Privacy Policy.
(m)  The Company may, at its sole discretion, suspend Your ability to use or access the Platform at any time while the Company investigates complaints or alleged violations of these Terms of Use, or for any other reason.
(n)  The Company and its Platform merely act in the capacity of facilitators between You, the Doctors by providing a platform for You, the Doctors to interact and transact with each other. In no event shall the Company and/or the Platform be held liable for any of the losses attributable to Services offered through the Platform.

The Company expressly disclaims all representations, warranties, liabilities, conditions, or indemnities, express or implied in respect of the Platform and/or its Services.

You will indemnify, defend, and hold harmless Digiscribe, Digiscribe’s licensors and affiliates and our respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:

(i)  your access to and/or use of the Services, the Platform, or the Content;
(ii)  your violation of any of the provisions of these Terms of Use;
(iii)  any activity related to your Account by You or any other person accessing the Platform or Services through your Account, including, without limitation, negligent or wrongful conduct; or
(iv)  your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

Digiscribe reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event you agree, undertake and confirm to cooperate with us in asserting any available defenses.

19.       DISCLAIMERS

a.   Medical Disclaimers: The Company makes no representation or warranty as to the content of any treatment response from any Doctor; Doctors are independent contractors and not employees of the Company and any views expressed or advice provided by the Doctors are not necessarily endorsed by the Company. You and the Doctor are solely responsible for all information provided and/or advice given via the Platform.
Always seek the advice of a doctor or other qualified healthcare provider regarding any medical concerns - and before starting, stopping or modifying any treatment or medication - even if you have already obtained medical advice via or read relevant material on the Platform.
The Company does not guarantee that a video/chat/picture message consultation is the best course of accessing advice or indeed the appropriate course of treatment for your particular healthcare concern or medical issue. Furthermore, the Company is not a substitute for your primary care provider. You agree to contact your GP immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your nearest emergency services centre immediately.
b.   Content Disclaimers: No information whatsoever or howsoever found on this Platform (other than advice provided by a Doctor in a consultation) should be relied on as medical advice, professional or otherwise. Nothing contained on this Platform should be construed, directly or indirectly, as the practice of medicine by the Company, which only arranges the service of connecting you to a Doctor. Should there be an issue with any of the medical services you receive from Doctors via the Platform, you can Contact Us.
The Company makes no warranties or representations as to the accuracy of articles and other material published on the Platform and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon such material.
c.   General Disclaimers: We do not guarantee that the Platform will be secure or free from bugs or viruses.You are responsible for configuring your information technology and computer programmes in order to access the Platform. You should use your own virus protection software.You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of and comply with these Terms and Conditions.
d. The Company MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE COMPANY PLATFORM OR SERVICES.
e. The Company does not endorse the promotions, products or services of any third parties, nor does it warrant or validate the accuracy of any third party advertisements, promotions, communications or other materials. The Company does not assume any responsibility or liability for the accuracy of information contained on any third party web sites.

20.       LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMISSIBLE BY THE APPLICABLE LAWS, AND IN NO EVENT, WILL DIGISCRIBE AND/OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE PLATFORM, OR THE CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND/OR WHETHER OR NOT DIGISCRIBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE PLATFORM OR THE CONTENT, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

DIGISCRIBE MAY BE REQUIRED TO REPORT CONFIDENTIAL INFORMATION IF THEY HAVE REASON TO BELIEVE THAT A PATIENT IS LIKELY TO HARM OTHERS OR HIMSELF/HERSELF AND IN NO EVENT SHALL DIGISCRIBE OR THE DOCTORS THEREON BE LIABLE FOR SUCH DISCLOSURE OF YOUR CONFIDENTIAL INFORMATION.

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, THE PLATFORM OR THE CONTENT OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, MUST BE BROUGHT WITHIN 30 (THIRTY) DYAS MONTHS AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR THE SAME WILL BE DEEMED TO BE FOREVER BARRED.

WE AND/OR OUR AFFILIATES SHALL, UNDER NO CIRCUMSTANCES WHATSOEVER, BE LIABLE FOR ANY DELAY OR DEFAULT IN PERFORMANCE UNDER THIS AGREEMENT CAUSED BY AN EVENT BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, WAR, ACCIDENT, ACT OF GOD, INDUSTRIAL ACTION, EMBARGO OR A DELAY, FAILURE OR DEFAULT BY YOU, YOUR WIRELESS CARRIER, OR ANY OTHER SUPPLIER OF GOODS OR SERVICES TO US OR TO YOU.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAY PROVIDE AND/OR MAKE AVAILABLE AND/OR OTHERWISE REPRODUCE THIRD PARTY CONTENT AND/OR PART THEREOF ON THE PLATFORM AND/OR MAY PROVIDE LINKS TO WEB PAGES AND CONTENT OF THIRD PARTIES (COLLECTIVELY, "THIRD PARTY CONTENT") AS PART OF THE SERVICES TO THOSE INTERESTED IN THIS INFORMATION. WE DO NOT MONITOR OR HAVE ANY CONTROL OVER ANY THIRD PARTY CONTENT OR THIRD PARTY WEB SITES. WE DO NOT ENDORSE OR ADOPT ANY THIRD PARTY CONTENT AND CAN MAKE NO GUARANTEE WHATSOEVER AS TO ITS ACCURACY, RELIABILITY OR COMPLETENESS. WE DO NOT REPRESENT OR WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED THEREIN, AND WE UNDERTAKE NO RESPONSIBILITY TO UPDATE OR REVIEW ANY THIRD PARTY CONTENT. YOU USE SUCH THIRD PARTY CONTENT CONTAINED THEREIN SOLELY AND ENTIRELY AT YOUR OWN RISK.

21.       APPLICABLE LAW AND DISPUTE SETTLEMENT

Any dispute, claim or controversy arising out of or relating to this Terms of Use, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Platform or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Digiscribe. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. 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.

Subject to the foregoing, these Terms of Use shall be governed by and construed in accordance with the laws of India. You consent to the jurisdiction of the courts of Mumbai, Maharashtra, for any and all disputes arising under or in connection with this Agreement.

22.       CHANGES TO THESE TERMS

We reserve the right to change our Terms of Use at any time. Any changes that we make will become a part of Our Agreement with You when they are posted to Our Platform. Your continued use of Our Services or the Platform will constitute Your agreement to the changes we have made. The last date on which these Terms of Use were revised is set forth at the end of this document.

23.       SEVERABILITY

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

24.       NO WAIVER

Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect Our right to later enforce or exercise it.

25.       NOTICES

The Company may contact you by email to the email address provided in your Account, by written communication to the postal address provided in your Account or by a general notice on the Platform.

You may contact the Company at any time via http://www.digiscribe.in, or by submitting a letter to [email protected]

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