Terms and Conditions for Patient

• By accepting these terms and conditions or accessing or using any part of this website (including linking to the website), you agree that you have read, understood and agreed to be bound by these terms and conditions and our privacy policy. If there are additional posted guidelines or policies applicable to the website, you are required to follow those as well and any guidelines and policies are incorporated by reference into these terms and conditions. If you do not agree to be so bound, do not access or use this website. Internet technology and applicable laws, rules and regulations change frequently. accordingly, we reserve the right to make changes to these terms and conditions at any time. We encourage you to review these terms and conditions. Your continued use of this website constitutes assent to any new or modified provision of these terms and conditions that may be posted. Vdoc Lifesciences Private Limited (referred to as “we”, us”, “Vdoc”) is the author and publisher of the internet resource www.vdocclinics.com (“Website”) on the world wide web as well as other connected software and applications provided by Vdoc. Vdoc provides the telemedicine medical services to its clients through its agents, affiliates, associates, representatives, franchises or other third parties (together referred to as “Partners”). zPlease carefully go through the below terms and conditions (“Terms”) alongwith the privacy policy available at (“Privacy Policy”) prior to accessing the Website or while using the mobile application or before availing the Services provided by us.

1. BINDING NATURE OF THE AGREEMENT

• 1. The Terms and the Privacy Policy together shall constitute a legal and binding agreement (“Agreement”) between you and Vdoc in relation to your visit to the Website and your use of the Services (as defined below).
• 2. This Agreement shall be applicable to you whether you are a patient, his/her representatives/ attendant/ relative/ friend or affiliates (“User” or “you”) or a user of the Website or mobile application (“User” or “you”). This Agreement applies to all services made available by Vdoc on its Website or mobile application. The Services may be subject to change from time to time, at the sole discretion of Vdoc, and the Agreement shall apply to your visit to and your use of the Website or mobile application to avail the Service and to all the information provided by you on the Website or mobile application at any given point in time.
• 3. The terms and conditions under which you shall be allowed to use the Website and mobile application have been stipulated under this Agreement. Further, this Agreement provides for the manner in which we shall treat your account while you are registered as a member with us. In case you have any queries regarding any part of the Agreement, you may contact us at cs@vdocclinics.com.
• 4. Please note that by downloading or accessing the mobile application or Website to avail the Services, you hereby irrevocably accept all the terms and conditions provided under this Agreement and agree to fully adhere to them.
• 5. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. You indicate your agreement and acceptance to this Agreement by availing any Service from Vdoc.
• 6. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.
• 7. Your use of the mobile application or Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as part of the Agreement.
• 8. You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
• 9. Your access to use of the Website and the Services will be solely at the discretion of Vdoc. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to: (i) Indian Contract Act, 1872; (ii) (Indian) Information Technology Act, 2000; and (iii) rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “RSP Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “Intermediaries Rules”).

2. TERMS OF USE

• 1. You must be 18 years of age or older to register, use the Services, or visit or use the Website. You represent and warrant to Vdoc that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to adhere to this Agreement, by registering, visiting and using the Website or accepting this Agreement.
• 2. Although persons who are too young to enter legally binding contracts (“Minors”) and are at least 13 years old may visit and use the Website with the permission of their parents or guardians, any payment or contract made through the Website must be made by an adult. Parents should assist their Minor children who are at least 13 years old and wish to register for an account through the Website. Any Minors who use the Website are deemed to have done so with their parents’ permission, and any payments made as a result shall be deemed to be made by an adult.

3. BOOKING OF APPOINTMENTS

• 1. Vdoc shall try to ensure a confirmed appointment with a medical service provider for a User who requested an appointment on the Website or mobile application, however, Vdoc or its Partners do not guarantee that the User will get a confirmed appointment. In case such an appointment is confirmed but later cancelled, postponed or rescheduled by the clinic or medical service provider, or the medical service provider are not available as per the given appointment time, Vdoc and its Partners shall not take responsibility for the same.
• 2. In case you have any interactions and associated issues with other Users including but not limited to your health issues and your experiences, it shall be strictly between you and the other Users. Vdoc or its Partners shall not be held liable for any such interactions and associated issues.

4. PAYMENT AND REFUND POLICY FOR THE SERVICES

• 1. The payments for the Services provided by us to you can be made online through a third-party payment gateway. This transaction will be governed by the terms and conditions and privacy policy of the third-party payment gateway. Vdoc shall not be liable (a) if any transaction does not fructify or may not be completed or (b) for any failure on part of the bank or the credit card or the third-party site or agency to perform any of its obligations or (c) in respect of any loss or damage arising directly or indirectly arising out of the decline or acceptance of authorization for any transaction, for any reason whatsoever.        
• 2. The cancellation and refund policy shall only be applicable to online payments made through mobile application and Website for booking appointments with us. In case cancellation is initiated by the User prior to the scheduled appointment time, then 100% of consultation fees shall be refunded. However, please note that convenience fees shall not be refunded. Further, neither consultation fees nor convenience fees shall be refunded to the User if the cancellation is done after the scheduled appointment time.
• 3. In case cancellation is initiated by the relevant clinic due to unavailability of doctor or concerned medical practitioner, then 100% of consultation fees and convenience fees shall be refunded to User.
• 4. At the time of cancellation, amount shall be refunded via the same source of payment and shall be subject to the payment terms of the source only. Amount will be refunded within 7 working days. 

5. INFORMATION AVAILABLE ON VDOC’S WEBSITE

• 1. Information relating to the profile and practice of the Practitioners are displayed by Vdoc on its Website, such as their specialisation, qualification, fees, location, visiting hours, and similar details. Vdoc takes reasonable efforts to ensure that such information is updated at frequent intervals for the benefit of the clients. Vdoc cannot be held responsible for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
• 2. The Services provided by Vdoc or any of its Partners are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Vdoc and its Partners do not provide or make any representation, warranty or guarantee, express or implied about the Website, mobile application or the Services. Vdoc and its Partners do not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Vdoc and its Partners disclaim all liability arising out of the User’s use or reliance upon the Website, mobile application, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Vdoc or its Partners or any User in relation to any User or services provided by such User.
• 3. The Website or mobile application may be linked to the website of third parties, affiliates and business partners. Vdoc has no control over, and not responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website or mobile application. Inclusion of any link on the Website or mobile application does not imply that Vdoc endorses the linked site. User may use the links and these services at User’s own risk.
• 4. Vdoc and its Partners assume no liability, for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or mobile application or the downloading of any material, data, text, images, video content, or audio content from the Website or mobile application. If a User is dissatisfied with the Website or mobile application, User’s sole remedy is to discontinue using the Website or mobile application.
• 5. Some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (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 Vdoc 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.
• 6. It is hereby expressly clarified that, the Information that you obtain or receive from Vdoc, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. In no event shall Vdoc be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
• 7. The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are a User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service, hospital, doctor or appropriate medical professional directly.

6. USER ACCOUNT AND DATA PROTECTION

• 1. The terms “personal information” and “sensitive personal data or information” are defined under the RSP Rules, and are reproduced in the Privacy Policy.
• 2. Vdoc and its Partners may collect information relating to the devices through which you access the Website, location from which you access and anonymous data of your usage, in relation to the Services being provided by Vdoc. The information collected shall be utilized only for the purpose of improving the quality of the Services and to build any kind of new services.
• 3. The Website and mobile application allow Vdoc and its Partners to have access to the Users’ personal email or phone number, for communication purposes.
• 4. If the User is registered on the Website or mobile application, the User shall be responsible for maintaining the confidentiality of the User’s account access information and password. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Vdoc of any actual or suspected unauthorized use of the User’s account or password. Although Vdoc shall not be liable for your losses caused by any unauthorized use of your account, you may be liable in case any losses are suffered by Vdoc due to such unauthorized use.
• 5. In case any information provided by the User is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Vdoc has reasonable grounds to believe or suspect that such information is untrue, inaccurate, not current or incomplete, the Vdoc shall have the right to discontinue the Services being provided to the User at its sole discretion. You shall be liable to indemnify Vdoc and its Partners for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Vdoc, its Partners or its Users.
• 6. The User shall be required to provide the correct mobile number and email ID on the Website or mobile application. All reminders and notifications will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Vdoc shall not be liable in case any loss or inconvenience is caused due to your non-updation of your contact details.
• 7. For the purposes of debugging customer support related issues, Vdoc and its Partners may use such information collected from the Users from time to time.
• 8. You may be required to converse with Vdoc, its authorized representatives, its doctors, its nurses or similar stakeholders/medical personnel through online chat, text messages, video call or voice call in connection with the Services being provided by Vdoc now or in the future. When you choose this option, the records of such conversations, calls or exchanges may be recorded and stored in Vdoc’s or its Partners servers. Such records are dealt with only in accordance with the terms of the Privacy Policy of Vdoc. If you choose to use such a facility to interact with doctors or clinicians or if the facility is not used in accordance with the foregoing, there shall be no liabilities on Vdoc and its Partners for the same.
• 9. You may be provided with a personal health record facility to add, modify, delete and manage your health-related records and information. The specific terms relating to this are as below, without prejudice to the rest of these Terms and the Privacy Policy: [Note to Vdoc: We have drafted an exhaustive clause. Would request you to retain the relevant portions of this clause depending on the nature of your website]
  • (a) This facility is only enabled or created for you after you have signed up and explicitly accepted these Terms.
  • (b) Information available in your Health Account will be of two kinds:
    • (i) Patient-created: Information generated and uploaded by you.
    • (ii) Vdoc-created: Information generated and stored by your availing a medical service in a Vdoc clinic like consult, diagnostic test, admission, etc.
  • (c) Any Vdoc-created information is provided on an as-is basis and Vdoc makes no representation in connection therewith.
  • (d) It shall be the sole responsibility of the User relating to the accuracy, adequacy, reliability and liability of any Patient-created information generated or created by a User. The User shall fully indemnify and hold harmless Vdoc and its Partners in relation to any inaccuracies, inadequacy, error, loss, problem, liability or any other issue arising out of any Patient-created information entered or accessed by the User or on behalf of the User on the Website or mobile application.
  • (e) The personal health record facility is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, Vdoc or its Partners are not liable for any interruption that may be caused to your access of the Services.
  • (f) Any health-related reminder or notification service (like medication reminder, appointment reminder, etc.) that may form part of the Services is only a supplementary way of notifying or reminding you of actions to take related to your health. Vdoc is not liable if for any reason a reminder or notification is not delivered to you or are delivered late or delivered incorrectly, despite its best efforts or if your health is impacted negatively due to the same.
  • (g) Vdoc uses industry–level security and encryption to your personal health record. However, Vdoc cannot guarantee prevention of unauthorized access if you lose your login credentials or they are otherwise compromised.
  • (h) You shall be solely liable for all actions undertaken related to your personal health record, if you provide anyone else access to your personal health record.

7. OBLIGATIONS OF USER RELATING TO CONTENT

• 1. In terms of Regulation 3 (2) of the Intermediaries Rules, Vdoc hereby informs the Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
  • (a) belongs to another person and to which the User does not have any right to;
  • (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • (c) harms minors in any way;
  • (d) infringes any patent, trademark, copyright or other proprietary rights;
  • (e) violates any law for the time being in force;
  • (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • (g) impersonate another person;
  • (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • (i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
• 2. In addition to the aforesaid, the User shall also not be permitted to:
  • (a) violate or attempt to violate the integrity or security of the Website, mobile application or any Vdoc Content;
  • (b) transmit any information (including job posts, messages and hyperlinks) on or through the Website or mobile application that is disruptive or competitive or prejudicial to the provision of Services by Vdoc;
  • (c) intentionally submit any incomplete, false or inaccurate information;
  • (d) make any unsolicited communications to other Users;
  • (e) use any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
  • (f) attempt to decipher, decompile, disassemble or reverse engineer any part of the Website or mobile application;
  • (g) copy or duplicate in any manner any of the Vdoc Content or other information available from the Website or mobile application;
  • (h) framing or hot linking or deep linking any Vdoc Content.
• 3. Vdoc or its Partners, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or on being notified by the appropriate Government or its agency that the Website or mobile application is being used by the User to commit any unlawful act and/or is being used in violation of Clauses 10.a and 10.b above, shall be entitled to remove or disable access to the material or information that is in contravention of Clause 7. Vdoc is entitled to act, as required by the Intermediaries Rules, within thirty-six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. Vdoc shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
• 4. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Vdoc shall have the right to immediately terminate the access or usage rights of the User to the Website, mobile application and Services and to remove non-compliant information from the Website.
• 5. Vdoc may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. Vdoc will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.

8. INTELLECTUAL PROPERTY RIGHTS

1. The contents of the Website and mobile application are protected by intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and mobile application are prohibited. Except as otherwise specifically set forth herein, the information made available through your use and access of the Website is intended only for you and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than you is prohibited.

2. The logos, service marks and trademarks displayed on the Website or mobile application are the property of Vdoc or its Partners or have been licensed to Vdoc or its Partners by the relevant owners for use. The User may use this material only as expressly authorized by Vdoc or its Partners and shall not copy, transmit or create derivative works of such material without express authorization from Vdoc or its Partners.

3. The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website or mobile application that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website or mobile application with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. Nothing on the Website or mobile application should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from Vdoc.

9. COPYRIGHT

• 1. The contents listed on the Website are User generated content, or belong to Vdoc and its Partners.
• 2. The information that is collected by Vdoc is directly or indirectly from the Users shall belong to Vdoc and its Partners. Copying of the copyrighted content published by Vdoc or its Partners on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Vdoc and its Partners reserve their rights to take action under applicable law accordingly.
• 3. Vdoc authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering, sharing, storing and communicating only as per this Agreement. The contents of the Website, App, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Vdoc Content"), are the property of Vdoc or its Partners and are protected under copyright, trademark and other applicable laws. User shall not modify the Vdoc Content or reproduce, display, publicly perform, distribute, or otherwise use the Vdoc Content in any way for any public or commercial purpose or for personal gain.
• 4. User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

10. LIMITATION OF LIABILITY

• 1. In no event shall Vdoc or its Partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website.
• 2. Further, Vdoc shall not be held responsible for non-availability or access to the Website or mobile application during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Vdoc control.
• 3. Without prejudice to the generality of the above, Vdoc or its Partners will not be liable for:
  • (a) failure on the part of the medical service provider including doctor to make himself/herself available at the appointed time due (including due to any emergencies);
  • (b) cancellation or rescheduling of booked appointment or any variance in the fees charged;
  • (c) any medical eventualities that might occur subsequent to using the services of a doctor, diagnostic lab services, pharmacy, whom the User has selected on the basis of the information available on the Website or mobile application or with whom the User has booked an appointment or performed a transaction through the Website or mobile application.

11. TERMINATION

• Vdoc shall have the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law in the following circumstances:
  • (a) a breach of any of the terms and conditions of the Agreement has been committed by the User;
  • (b) any violation/ contravention has been reported to Vdoc by a third party relating to any of its rights as a result of the use of the Services by the User;
  • (c) Vdoc is unable to verify or authenticate any information provided to Vdoc by a User;
  • (d) there are reasonable grounds on the part of Vdoc for suspecting any illegal, fraudulent or abusive activity on part of such User; or
  • (e) Vdoc believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Vdoc or its Partners or are contrary to the interests of the Website;
  • (f) the User may not be able to continue to use the Website under the same account, a different account or re-register under a new account, once such account has been temporarily suspended, indefinitely suspended or terminated. Such User shall no longer have any access to data, messages, files and other material kept on the Website by such User, upon termination of such User’s account due to the reasons mentioned herein above.

12. DISCLAIMER OF WARRANTIES

• 1. The Website and any proprietary information is provided on an “as is” and “as available” basis without warranty of any kind, express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Without limiting the foregoing provisions, you assume s ole responsibility for selecting the Website, and/or proprietary information to achieve your intended results and sole responsibility for the use of, and results obtained from the Website and/or the proprietary information. Any content downloaded from or accessed through the Website or otherwise obtained through the use of the Website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download. In no event shall Vdoc or its Partners be liable for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information.
• 2. The information available on the Website or mobile application could include inaccuracies or typographic errors. However, Vdoc has endeavoured to ensure that all the information on the Website is correct, but Vdoc neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained.
• 3. Without limiting the foregoing provisions, Vdoc and its Partners make no warranty that the Website and/or the proprietary information or its use will be error-free, secure, virus free, or free from interruptions, defects or other failures or harmful components or that the Website and/or the proprietary information will satisfy your specific requirements or be compatible with your equipment or other hardware, software or browser configuration or that inaccuracies or errors will be corrected. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
• 4. Vdoc and its Partners do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or service, or featured in any advertising and shall not be a party to, or in any way monitor, any transaction between you and third-party providers of products or services.
• 5. All information available on the Website or mobile application, (the “Information”) is provided on the condition that the User will make independent determination in respect of its accuracy, completeness or usefulness suitability prior to use or making any decision for any loss or damage in reliance hereof. Vdoc and its Partners shall not be responsible for the same. Further, Vdoc and its Partners will not be responsible or liable in any manner for any data added, provided, stored or managed by the User including all personally identifiable information.
• 6. The Information does not constitute an invitation or recommendation to take medical services from Vdoc or its Partners nor is such Information a substitute for professional advice or solicitation in respect of medical services/ products or recommendation thereof. Vdoc urges the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other Information.

13. INDEMNITY

• 1. You agree to indemnify and hold Vdoc and its Partners, employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any and all damages, losses, costs liabilities or expenses (including without limitation, attorneys’ fees and costs), whether incurred in connection with a third party claim against any of the Indemnified Parties or directly by the Indemnified Parties, arising out of or related to (i) facts or circumstances that would constitute a breach by you of any provision of these Terms (ii) your use of this Website and/or the information available on the Website (iii) your access to or use of Service (iv) violation of this Agreement (v) infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. Vdoc will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
• 2. If you are obligated to provide indemnification pursuant to this provision, Vdoc may, in its sole and absolute discretion, control the disposition of any third party claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any third party claim without the consent of Vdoc.

14. DISPUTE RESOLUTION

• 1. You agree that this Agreement and any contractual obligation between Vdoc and the User shall be governed, construed and applied in all respects by the laws of India, without regard to any provision governing conflicts of law. Any disputes arising out of, relating to, or connected with this Agreement, these Terms or your use of this Website or the Services or the information to which it gives access shall be brought exclusively before the courts of New Delhi. The use of this Website implies your express consent to the jurisdiction and venue of such courts.
• 2. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with this Agreement, these Terms or your use of this Website or the Services or the information to which it gives access must be filed within one calendar year after such claim or cause of action arises, or forever be barred. In case Vdoc takes legal action against you as a result of your violation of this Agreement, these Terms or your use of this Website, Vdoc shall be entitled to recover from you, and you agree to pay, all reasonable attorneys; fees and costs of such action, in addition to any other relief granted to Vdoc.

15. SEVERABILITY

• Any provision of this Agreement, which is invalid or unenforceable, shall be ineffective to the extent of such invalidity or unenforceability, without affecting in any way the remaining provisions hereof. If for any reason whatsoever, any provision of this Agreement is or becomes, or is declared by a court of competent jurisdiction to be, invalid, illegal or unenforceable, then the parties will negotiate in good faith to agree on such provision to be substituted, which provisions shall, as nearly as practicable, leave the parties in the same or nearly similar position to that which prevailed prior to such invalidity, illegality or unenforceability.

16. WAIVER

• No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Vdoc. Any consent by Vdoc to, or a waiver by Vdoc of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
• Vdoc’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision of this Agreement. Vdoc may assign its rights and duties under these Terms to any party at any time without notice to you.

17. FEEDBACK AND REVIEWS

• 1. By using this Website, you agree that any information shared by you with Vdoc or with any other person, medical service provider or anyone else using the Website, mobile application or Services will be subject to our Privacy Policy.
• 2. You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“User-published Content”). The role of Vdoc in publishing User-published Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Vdoc disclaims all responsibility with respect to the content of User-published Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Vdoc shall not be liable to pay any consideration to any User for re-publishing any content across any of its or its Partners platforms. 
• 3. Your publication of reviews and feedback on the Website is governed by Clause 7 stated hereinafter. Without prejudice to the detailed terms stated in Clause 7, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the Intermediaries Rules and RSP Rules. Vdoc, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 3 of these Terms. You agree that Vdoc may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of the following and you agree to provide your fullest co-operation further to such communication by Vdoc:
  • (a) Obtaining feedback in relation to Website, mobile application or Vdoc’s services; and/or
  • (b) Obtaining feedback in relation to any medical service providers on the Website or mobile application; and/or
  • (c) Resolving any complaints, information, or queries by medical service providers regarding your User-published Content.
• 4.Further, Vdoc shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Vdoc’s sole discretion and may be modified or withdrawn at its sole discretion. Vdoc may moderate such feedback at any time. Vdoc shall not be obliged to act in any manner to give effect to the content of Users’ feedback.

18. VDOC CONTACT INFORMATION

• If a User has any questions concerning Vdoc, its Partners, the Website or the mobile application, this Agreement, the Services, or anything related to any of the foregoing, please write to us at cs@vdocclinics.com. In accordance with the Information Technology Act, 2000, and the rules made thereunder, if you have any grievance with respect to the Website or mobile application or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
• The Grievance Officer,
• Email: cs@vdocclinics.com
• In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the Intermediaries Rules, please address your grievance to the above person.