Terms & Conditions Doctor Appointment

Best Solutions is the owner, author and publisher of the website ‘www.Doctorappt.in’ and the mobile application ‘Doctor Appointment’. Best solutions own and operate the services provided through the Website and the mobile app.


1. Applicability of these terms & policies


Users and the medical practitioners are advised to carefully go through these terms and the privacy policy available on this website and as well as on the mobile app platform before use because these Terms and the Privacy Policy together constitute a legal ‘Agreement’ between the users and/or medical practitioners and Doctorappt.in in connection with their visit to the Website and the use of the Services


2. Applicability of the agreement on the following persons:-


USER:-


User includes a patient, his/her representatives or affiliates, using the website or mobile app for fixing appointment with the Medical Practitioners/or doctors and the medical representatives representing the medical companies using the website or mobile app for fixing appointment with the Medical Practitioners/or doctors.


Medical practitioner:-


A medical practitioner or Dorctors or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, or the mobile app, for fixing appointment with the Users through website or the mobile app.


3. The Service


The service will include the intermediation between the Users and the Medical Practitioners for fixing the appointment date and it will be performed by best solution through the medium of website name as www.Doctorappt.in and the mobile app named as Doctor Appointment.


The Services may change from time to time, at the sole discretion of Doctorappt.in, and the Agreement will apply to the users and the practitioners by visiting the Website and the mobile app.


By accessing the Website to use the Services, the user and the practitioner irrevocably accept all the conditions stipulated in this Agreement, theTerms of Service and Privacy Policy, as available on the Website and the mobile app, and agree to abide by them.


Doctorappt.in reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, the users and the medical practitioners should read the Agreement at regular intervals.


The Users and the medical practitioners acknowledge that they will be bound by this Agreement for availing any of the Services offered by Doctorappt.in. If they do not agree with any part of the Agreement, please do not use the Website and the mobile app or avail any Services.


4. Conditions of use


The users and the practitioners must be 18 years of age or older to register, use the Services, or visit or use the Website and the mobile app in any manner. By registering, visiting and using the Website and the mobile app or accepting this Agreement, the user and the medical practitioners represent and warrant to Doctorappt.in that they are 18 years of age or older, and that they have the right, authority and capacity to use the Website and the mobile app and the Services available through the Website, and agree to and abide by this Agreement.


The users and the practitioners should not be of unsound mind, undischarged insolvent and lunatic.


5. Process/Mechanism

A. For Medical Practitioners

  • Doctorappt.in will approach to the Medical Practitioners of the various fields and will offer them the packages for appointment of certain number of persons in exchange of a certain amount of fee as per the agreement between Doctorappt.in and the Medical Practitioner.
  • After agreement on the conditions the Medical Practitioners will provide their contact information which will be published on the website and will be available for use of the Users for fixing appointment.
  • After using that contact information the user can avail the services through any mode available on the website and fix the appointment with the Medical Practitioner.
  • When the appointment is fixed, the Medical Practitioner will be bound to entertain the patient on the date, day and time already fixed through this mechanism.

B. For Users

  • The Users, for availing services, will have to create their account or profile on the website and the mobile app.
  • After creating the profile, the users can fix appointment with the Practitioners by using the contact information available on the website and the mobile app after providing a certain amount of minimal fee as per the payment policy.
  • The appointment will be fixed through the mediums available on the website or the mobile app or the user can also use the calling facility provided by Doctorappt.in.

C. For Best Solutions (Doctor Appointment)

When a User, after creating its profile, request for the appointment with the practitioners by using any medium available on the website, then it will the responsibility of service provider i.e. Doctorappt.in to fix that appointment of the User with the Practitioner.


6. Refund Policy

For Users

  • The amount collected by the users for availing the services of www.doctorappt.in or from our mobile application named as ‘Doctor Appointment’ is non refundable.
  • In case the practitioner is not available or not able to attend the patient, in that case the Doctor Appointment is not responsible for the act and the amount collected by us is non refundable.
  • In any case the amount collected from the user for using the website for fixing of appointment, that amount is non refundable.
  • The website will not charging any amount other than for fixing an appointment with Medical Practitioner or Doctor, and it is non refundable in any case.
  • And if user claim for their amount to be refunded, than no law or any court will be force us to refund the amount collected by the user.
  • Any amount charged by the doctor for their consulting or for diagnosing, in that the website is not responsible nor any refund has been given from our side

For Practitioners

  • The amount collected by the website ‘Doctor Appointment’ or www.doctorappt.in from the practitioners for the packages s non refundable.
  • . Any amount collected by the practitioner from the user, in that case no refund has been claimed from the website.
  • In any case the amount so collected either from user of the website or from the Practitioner, the amount is non refundable. And none of the party is eligible to file a suit against any refund. And website ‘www.doctorappt.in’ is not liable to pay refund in any case whatsoever.

7. Payment Policy

For User

  • If the user uses the website ‘www.doctorappt.in’ or mobile application ‘Doctor appointment’, he or she has to pay the specified fees or payment for taking appointment with the doctor to us.
  • The amount of fees for using website or mobile application from user is collected through the various payment modes as specified on website.
  • Without paying fees, no user can book the appointment.

For Practioner

  • If the practitioner wants to get listed on the website ‘www.doctorappt.in’ or mobile application ‘Doctor appointment’ than they need to get registered by paying the subscription amount as defined in the website time to time.
  • The amount of fees for listing on website or mobile application is collected through the various payment modes as specified on website.

8. Terms of Use Applicable To The Users

A. End-User Account and Data Privacy

  • The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
  • Doctorappt.in may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Doctorappt.in services and to build new services.
  • The Agreement allows Doctorappt.in to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
  • The Privacy Policy sets out
    • The type of information collected from Users, including sensitive personal data or information.
    • The purpose, means and modes of usage of such information;
    • How and to whom Doctorappt.in will disclose such information; and,
    • Other information mandated by the SPI Rules.
    • The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of the following.
      • the fact that certain information is being collected;
      • the purpose for which the information is being collected
      • the intended recipients of the information;
      • the nature of collection and retention of the information;
  • the name and address of the agency that is collecting the information and the agency that will retain the information;;
  • the various rights available to such Users in respect of such information
  • Best Solution shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Doctorappt.in or to any other person acting on behalf of Doctorappt.in.
  • The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. 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 Doctorappt.in of any actual or suspected unauthorized use of the User’s account or password. Although Doctorappt.in will not be liable for losses caused by any unauthorized use of user’s account, user may be liable for the losses of Best Solution or such other parties as the case may be, due to any unauthorized use of your account.
  • If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Doctorappt.in has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Doctorappt.in has the right to discontinue the Services to the User at its sole discretion.
  • Doctorappt.in may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
  • Against every Practitioner listed in www.Doctorappt.in, User may see a ‘show number’ option. When User chooses this option, he or she chooses to call the number and the call automatically becomes a missed call. After that the user gets a call from the telephony service provided by Doctorappt.in, and the records of such calls are recorded and stored in Best Solutions servers.
  • Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to the User by Doctorappt.in should be used only for appointment and booking purposes, and not for consultation on health-related issues.
  • It is the User’s responsibility to keep correct mobile number and email ID updated in the Account. The records will be sent to the account associated with this mobile number and/or email ID. Every time the User change any contact information (mobile or email), we will send a confirmation. Doctorappt.in is not responsible for any loss or inconvenience caused due to not updating the contact details for the Account.
  • Doctorappt.in uses industry–level security and encryption to User’s Account. However, Doctorappt.in cannot guarantee prevent unauthorized access if the User loses your login credential
  • In case the User wants to delete his or her account, he or she can do so by accessing 'Profile' from their account. This will ensure that your account and any associated records will be deleted from the Account. This will however not delete your records stored by doctor(s) and Practitioners.

B. Listing Content and Disseminating Information

  • Doctorappt.in collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Doctorappt.in takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Doctor Appointment screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
  • The Services provided by Doctorappt.in or service providers 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).
  • Doctorappt.in assumes no responsibility, and shall not be liable 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 the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
  • If Doctorappt.in determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Doctorappt.in reserves the right to immediately suspend your access to the Website or any of your accounts with Doctorappt.in and makes such declaration on the website alongside your name/your clinic’s name as determined by Doctorappt.in for the protection of its business and in the interests of Users. The User shall be liable to indemnify Doctorappt.in for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Doctorappt.in or its Users.

C. Appointment Booking and Interaction With Practitioners

  • While Doctorappt.in will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, Doctorappt.in does not guarantee that a patient will get a confirmed appointment. Further, Doctorappt.in has no liability if such appointment is confirmed but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time
  • Doctorappt.in provides value added telephonic services which connects Users directly to the Practitioners and the information exchanged between the User and the Practitioners is stored and used in accordance with the Privacy Policy. However, it is at the discretion of the User, to avail the Service. If a User has used the telephony service, Doctorappt.in reserves the right to share the contact details of the User with the Practitioners contacted.
  • Without prejudice to the generality of the above, Doctorappt.in will not be liable for:-
    • any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
    • any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties
    • any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff
    • cancellation or rescheduling of booked appointment or any variance in the fees charged;
    • any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
    • Further, Doctorappt.in 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 Doctorappt.in sole discretion and may be modified or withdrawn at its sole discretion. Doctorappt.in may moderate such feedback at any time. Doctorappt.in shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Website.
    • 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 Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession.
    • It is hereby expressly clarified that, the Information that the User obtains or receives from Doctorappt.in, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. Doctorappt.in 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 Website. In no event Doctorappt.in will be liable to the User or anyone else for any decision made or action taken by you in reliance on such information.
    • 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.
    • The User hereby grants consent to Doctorappt.in to transfer the health related queries posted by the User to Practitioners for the provision of the services under Doctorappt.in Consult and agrees that any such information provided by the User will be subject to Doctorappt.in’s Privacy Policy.
    • The User understands and agrees that any interactions and associated issues with the Practitioner on Doctorappt.in Consult including but not limited to the User’s health issues and the User’s experiences is strictly between the User and the Practitioner. The User shall not hold Doctorappt.in responsible for any such interactions and associated issues. Doctorappt.in is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between the User and the Practitioner, the User interacts with. If the User decides to engage with a Practitioner to provide medical services to such User then the User does so at his or her own risk. Doctorappt.in shall not be responsible for any breach of service or service deficiency by any doctor or health care provider.
    • The User agrees not to upload Content which is defamatory, obscene or objectionable in nature and Doctorappt.in reserves the right to remove any Content which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve Doctorappt.in from and indemnify Doctorappt.in against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the User on Fit.
    • A User may also use Fit in order to view original content created by Practitioners and to create and upload comments on such Content, where allowed.
    • User acknowledges that the Content on Fit reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of Doctorappt.in.
    • User agrees that the content they access on Fit does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the user. The User agrees to absolve Doctorappt.in from and indemnify Doctorappt.in against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Fit.
    • The User acknowledges that all intellectual property rights in the Content on Fit vests with Doctorappt.in. The User agrees not to infringe upon Doctorappt.in’s intellectual property by copying or plagiarising content on Fit. Doctorappt.in reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. All comments created and uploaded by the User on Fit will be the sole intellectual property of Doctorappt.in. The User agrees not to post any comments on Fit that violate the intellectual property of any other person. Doctorappt.in reserves the right to remove any comments which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve Doctorappt.in from and indemnify Doctorappt.in against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User’s uploading of any comment on Fit.

7. Terms of Use Practitioners

Listing Policy

  • Doctorappt.in, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Doctorappt.in reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with the practitioner and the practitioner’s profile is found to be incorrect, you are required to inform Doctorappt.in immediately to enable Doctorappt.in to make the necessary amendments.
  • Doctorappt.in shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
  • Doctorappt.in shall not be responsible or liable in any manner to the Practitioner for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Doctorappt.in, where the Practitioner has expressly or implicitly consented to the making of disclosures or publications by Doctorappt.in. If the Practitioner had revoked such consent under the terms of the Privacy Policy, then Doctorappt.in shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the Practitioner as a result of any disclosures made by Doctorappt.in prior to its actual receipt of such revocation.
  • Doctorappt.in reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Doctorappt.in shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
  • Doctorappt.in reserves the right to publish the Practitioner information to a third party, subject to prior explicit informed consent from the Practitioner.
  • When Practitioner is listed on Doctorappt.in, End-Users may see a ‘show number’ option. When End-Users choose this option, they choose to call the number and that call automatically becomes a missed call. Then through telephony service provided by Doctorappt.in the User gets a call from the service provider from which the appointment will be fixed and the records of such calls are recorded and stored in Doctorappt.in’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to End-Users and to Practitioner by Doctorappt.in should be used only for appointment and booking purposes, and not for consultation on health-related issues. Doctorappt.in accepts no liability if the call facility is not used in accordance with the foregoing.
  • The Practitioner hereby represents and warrants that he or she will use the Services in accordance with applicable law. Any contravention of applicable law as a result of use of these Services is the sole responsibility, and Doctorappt.in accepts no liability for the same.

8. The Jurisdiction

The Agreement is governed by the provisions of Indian law, including but not limited to:-


  • the Indian Contract Act, 1872,
  • the (Indian) Information Technology Act, 2000, and

the 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 “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”)


9. Limitation of Liability

In no event, including but not limited to negligence, shall Doctorappt.in, or Best Solutions or any of its officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:


  • provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
  • any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
  • any unauthorized access to or alteration of your transmissions or data; or
  • any other matter relating to the Website or the Service.

2.

10. Retention and Removal

Doctorappt.in may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.


11. Applicable Law and Dispute Settlement

  • The Users and the Practitioners agree that this Agreement and any contractual obligation between Doctorappt.in and User or/and the Practitioners will be governed by the laws of India.
  • Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Doctorappt.in. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Jaipur. 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 above Clause, the courts at Jaipur shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, use of the Website or the Services or the information to which it gives access.

12. Contact Information Grievance Officer

  • If a User has any questions concerning Doctorappt.in, the Website, this Agreement, the Services, or anything related to any of the foregoing, Doctorappt.in customer support can be reached at the following email address: support@Doctorappt.in.
  • In accordance with the Information Technology Act, 2000, and the rules made there under, if the users or the practitioners have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, then they can contact our Grievance Officer at: complain@doctorappt.in

13. 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 Doctorappt.in. Any consent by Doctorappt.in to, or a waiver by Doctorappt.in 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.


14. Refund / Cancellation Policy

We dont have any Return / Refund / Cancellation Policy