Updated at 2023-09-10
These Terms and Conditions ("Terms") govern your use of the DOCTOME mobile application (the "App"). This Terms of Use Agreement ("Agreement") is a legally binding contract between you ("User" or "you") and DOCTOME, its affiliates, and subsidiaries ("DOCTOME," “DOCTOME”, “we," "us," or "our"). By using the DOCTOME mobile application ("App") and its services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree with these terms, do not use the App or its services.
DOCTOME provides a platform that allows users to book various healthcare services, including doctor consultations, nurse visits, lab tests, and medicine delivery (collectively, the "Services"), through the App. The availability and scope of these Services may vary and are subject to change at our discretion.
You must be at least Eighteen [18] years old to use the App. By using the App, you represent and warrant that you meet the age requirement and that you have the legal capacity to enter into these Terms.
We use the information we collect for the following purposes:
We use the information we collect for the following purposes:
In certain cases, following a consultation, if the attending physician determines that the patient requires home medical treatment, such as intravenous (IV) fluids, and the patient consents to such treatment:
5.1 User is responsible for paying all charges associated with the Services provided through the App. You agree to pay all fees and charges incurred in connection with your use of the App promptly.
5.2 Payment shall be made by users through the third party payment gateway integrated in the App.
5.3 The App uses third party payment gateways (namely………..) to process the transactions made on the App. The DOCTOME is not liable for any failed transactions. In the event of a failed transaction, the amount (if debited from a User account) will be refunded to the User’s account as per the corresponding payment gateway’s refund policy.
Doctors are responsible for visiting patients, explaining standard operating procedures, taking complaints, diagnosing, prescribing, suggesting diagnostics, and administering home treatment if needed. They are also responsible for maintaining the confidentiality of patient information.
DOCTOME is a healthcare platform that facilitates booking healthcare services through the App, provides a platform to manage past health records, and manages payments for services. DOCTOME does not provide medical advice or diagnosis. It is the responsibility of the doctor to provide these services.
7.1 DOCTOME is a platform that facilitates the booking of healthcare services. It does not provide medical services directly. The quality and outcome of medical services are the responsibility of the healthcare professionals involved.
7.2 Under no circumstances DOCTOME will be liable for mis-diagnosis, treatment deficiencies, and any damages to patience due medical malpractices.
7.3 DOCTOME is solely responsible for providing you with an e-commerce platform to purchase prescription medicines. It is hereby clarified that that the manufacturers themselves are responsible for all compliances relating to the manufacturing of the prescription medicines including any labelling, mandatory declaration requirements, etc. under the applicable law.
The manufacturers are liable to be compliant under the relevant provisions of applicable laws, including but not limited to the Legal Metrology Act, Drugs and Cosmetics Act, Food Safety and Standards Act, Drugs and Magic Remedies Act etc. and the rules made thereunder.
7.4 The products and the services are provided to you on an “as is” basis. We do not make any representations or warranties on behalf of the products and the physician services.
The DOCTOME does not covenant or provide any representations and warranties in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including product or pricing information and/or specifications) on the App and that the services will be made available at all times.
8.1 DOCTOME will collect and use your personal information in accordance with our Privacy Policy. By using the App, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.
8.2 Health Information: At DOCTOME, we recognize the utmost importance of safeguarding your health information. We are committed to providing you with the assurance that your sensitive medical data will be protected and kept confidential. Our adherence to all relevant medical privacy regulations is unwavering. Your trust and privacy are paramount to us.
DOCTOME is not liable for any damages, direct or indirect, incidental or consequential, that you may suffer as a result of using the App or the Services provided through the App. This includes, but is not limited to, any loss of data, income, or profit, or any other damages arising from your use of the App.
DOCTOME reserves the right to update or modify these terms and conditions at any time. Users will be notified of changes through the app. Continued use of the app constitutes acceptance of the revised terms.
DOCTOME may terminate or suspend your access to the App without notice if you violate these Terms.
The DOCTOME has proprietary right in the App, and you shall not copy or reproduce the App or any of its components in any manner. The DOCTOME also has right to all trademarks and trade and specific layout of every page of the website, including calls to action, text placement, images and other information amounting to intellectual property.
Users must provide accurate and complete information when booking appointments, prescriptions, or any other services through the App. Any misrepresentation of information may result in the termination of services..
Users are expected to maintain a respectful and professional demeanour when interacting with healthcare professionals and staff provided through the App. Disruptive or disrespectful behaviour may lead to the termination of services.
You shall not host, display, upload, modify, publish, transmit, update, or share any information that:
In the case of a medical emergency, users are advised to call emergency services immediately. The App is not intended to handle critical or life-threatening situations.
While the App provides the functionality to manage past health records, users are responsible for maintaining their own health records, and DOCTOME assumes no liability for the accuracy or completeness of user-provided health records.
Availability of services, doctors, nurses, and delivery of medicines may vary based on location and demand. DOCTOME does not guarantee the availability of services at all times.
19.1 You shall indemnify, defend and hold harmless DOCTOME as well as each of its representatives, employees, contractors, agents, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses claims, damages, costs and expenses, including reasonable attorney fees and expenses in relation to all claims arising out of (a) a breach of the obligations undertaken by you under the terms of this Agreement; (b) use or misuse by you of the App and/ or its content; (c) breach of any intellectual property or other proprietary rights of any person or entity; or (d) the inaccuracy or incompleteness of any information or data you supplied on the App.
19.2 If and when required, the DOCTOME may request written assurances from you regarding your commitment to indemnify the DOCTOME, and your failure to provide such assurances would constitute a material breach of this Agreement. The DOCTOME may also engage in any legal proceedings where you are defending against a third-party claim related to your use of the App. You must inform the DOCTOME of any third-party legal proceeding initiated in connection with the App or the Services in which you are involved as a party.
No waiver by the DOCTOME of any breach of this Agreement shall be a waiver of any preceding or succeeding breach. No waiver by the DOCTOME of any right under this Agreement shall be construed as a waiver of any other right.
21.1 This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflicts of law principles. The competent Courts in Hyderabad alone shall have jurisdiction to try and decide any claim, dispute or difference arising out of or in relation to this agreement.
21.2 In the event that any dispute, difference, claim or controversies (hereinafter jointly referred to as “Dispute”) arises between the Parties in connection with this Agreement, the construction of any provision of this Agreement and/or the rights, duties or liabilities of the Parties hereto under this Agreement, the Parties shall conduct mediation to solve such Dispute.
21.3 If mutual resolution cannot be reached within thirty (30) days after the commencement of such mediation then both parties agree to refer such Dispute to arbitration under the Indian Arbitration and Conciliation Act, 1996, as amended from time to time. The proceeding shall be conducted by a sole arbitrator who shall be appointed by mutual consensus of both parties.
21.4 The venue of arbitration shall be Hyderabad, India. The arbitration proceedings shall be conducted in English. Any award made in such arbitration will be final and binding on the Parties.
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck from this Agreement, and the remaining provisions will remain in full force and effect. .
For any questions or concerns regarding these Terms or the App, please contact us at support@doctome.in.
By using the DOCTOME App, you acknowledge that you have read, understood, and agree to abide by these Terms and Conditions. By using the App, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree with any part of this Agreement, please do not use the App. This Agreement constitutes the entire agreement between you and DOCTOME concerning the subject matter herein and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings.