• By accessing the website/application or using it or subscribing to or using any of our services You agree that you have read, understood and are bound by the terms and conditions of dignoz. These Terms constitute a legal and binding contract between you on one part and the dignoz on the other part as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000 and the Telemedicine Practice Guidelines (“TP Guidelines”).
• By accessing the website/application, You agree to give your consent to avail services as per the terms provided hereunder or any other terms which may be applicable to you from time to time
• This electronic record is generated by a computer system and does not require any physical or digital signatures.
• If you do not want to be bound by the terms, do not access, browse or in any way transact on the website, or avail any services.
• You also give your consent to the practitioner and the dignoz to refer you to healthcare service providers post Your consultation.

Privacy Policy

Kindly refer to our Privacy Policy at https://dignoz.com/PrivacyPolicy

By using the website/application or the subscribing to the services offered by us, you hereby consent that you have read and fully understood the said Privacy Policy. You further agree that the terms and contents of such Privacy Policy are acceptable to you.

Eligibility to use

Use of the website/application is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Thus, if you are a minor i.e. under the age of 18 years, you may use only with the involvement of a parent or guardian. The dignoz assumes no responsibility or liability for any misrepresentation of your age.

User Account ,Password and Security

1. For the purposes of availing the Services through the Website/Application, We may collect certain information from You including without limitations:
   1. Name
   2. User ID
   3. Email address
   4. Address(including country and ZIP/ postal code);
   5. Gender
   6. Age
   7. Phone number
   8. Password chosen by You;
   9. Billing Information including credit card, billing address and other payment information
   10. Other details
2. You shall ensure that the Information provided by you is true, complete, accurate and up-to-date
3. Use of another User's Information for availing the services offered by dignoz is expressly prohibited.
4. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account.
5. We reserve the right to terminate your registration and / or refuse to provide You with access to the Website if it is brought to Company’s notice or if it is discovered that You are under the age of 18 years.
6. You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account.
7. If you are desirous of deleting or erasing Your Information including personally identifiable information from the Platform database, the dignoz reserves the right to process such erasure or deletion without notifying the RMP or any third-party, upon receiving Your request for exercising Your right to erasure with respect to that Information from the Platform database, and only after recording Your explicit consent. Once your request is processed, such deletion shall be final, and the dignoz disclaims all responsibility for providing you any such deleted Information in the future. Further, the dignoz shall not be liable for the RMP’s failure to maintain a separate record of such Information as mandated by applicable laws.
8. You agree to (a) immediately notify dignoz in writing about any compromise of your account or account information or any other breach of security, non-compliance of TP Guidelines, for which email notification should suffice and (b) ensure that You exit / log out from Your Account at the end of each session.
9. dignoz cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You may be held liable for losses incurred by dignoz or any other user of or visitor to the Website/Application due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise.
10. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by us for the technical administration of the Website, research and development, and for user administration. In the course of serving advertisements or optimizing services to you, we may allow authorized third parties to place or recognize a unique cookie on Your browser. We do not store personally identifiable information in the cookies.

Limited User

1. The website/Application does not screen or censor the users who register on and access the website. You assume all the risk associated with dealing with other users with whom you come in contact through the website. You agree to use the website only for lawful purposes without infringing the rights or restricting the use of the website by any third party.
2. You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, download, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website
3. You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of illustrations, and not as a limitation, you agree and undertake that when using a Service, you will not:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
3. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents
4. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer
5. Conduct or forward surveys, contests, pyramid schemes or chain letters
6. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
8. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
9. Violate any applicable laws or regulations for the time being in force in or outside India
10. Violate, abuse, unethically manipulate or exploit any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.

Fees

dignoz has no role to play in determining the consultation fees of the Practitioner. The consultation fees are determined at the discretion of the Practitioner only. dignoz may charge a subscription fee and taxes whenever required as per the policies. User also understands that the fee charged by the Practitioner is for a single person only. In case the user attempts to obtain the consultation for more than one person, the practitioner shall not address the consultation requirement for such additional person.

The subscription fee for doctors/practitioners/diagnostic centre is non-refundable and non transferable

Support

Support for dignoz will be online only; no physical visit will be entertained for any purpose and any help. We will troubleshoot; solve your problem online using AnyDesk and/or another manner.

Not for Emergency Use

Users/Patients are advised to have a physical consultation/ in-person consultation.

Data Storage

You agree and acknowledge that the dignoz may keep record of any interactions and associated issues with the Practitioner including but not limited to the User’s health issues and/or the User’s experiences. The dignoz may keep the aforementioned data for the purpose of development of its services.

Consent Requirement

You acknowledge that the if the patient himself/ herself initiates the services, then the consent for seeking such services is implied. If a care giver, health worker or practitioner initiates the services on behalf of the patient, then explicit consent (in the form of written consent, verbal consent etc) is to be given by User prior to initiation of such services.

Cargiver Terms

In the event wherein (a) Patient is present with the caregiver during the consultation. (b) Patient is not present with the caregiver. This may be the case in the following:

• Patient is a minor (aged 16 or less) or the patient is incapacitated, for example, in medical conditions like dementia or physical disability etc.
• The care giver is deemed to be authorized to consult on behalf of the patient
• Caregiver has a formal authorization or a verified document establishing his relationship with the patient and/or has been verified by the patient in a previous in-person consult (explicit consult).

However, we strictly advise the patient and the caregiver to be present during the consultation

Your Warranties and Representations




These warranties and representations shall also be applicable mutandis to a caregiver seeking services over the platform.

The user acknowledges, understands and agrees to the following:

1. By using this platform, it is deemed that You have consented to receiving telephonic calls, SMSs and/or emails from us or any of our third-parties and the RMP. Such communications shall be sent to You on the telephone number and/or email id provided by You for the use of this Application which are subject to our Privacy Policy. Such communication by Us is for purposes that inter alia includes clarification calls, marketing calls and promotional calls.
2. The prescription provided by the practitioner to you is based on the interaction and may vary when examined in person. Further, the prescription provided is as per the provisions of the TP Guidelines and do not contain medicines enlisted in the “Prohibited List” as elaborated upon in the TP Guidelines. Hence such prescription is not be taken as a final and conclusive solution
3. dignoz is not liable for any information provided by the user that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or dignoz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, and has the right to suspend the services to the user at its sole discretion.
4. It is solely your responsibility to keep your correct mobile number and email ID updated at all times. dignoz is not responsible for any loss or inconvenience caused due to your failure to update your contact details on the website/app.
5. Notwithstanding anything contained herein, dignoz is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Practitioner.
6. Users shall not persuade any Practitioner to prescribe drugs such as:
• PMedication for Medical Termination of Pregnancy, Habit forming drugs i.e. drugs in Schedule X of Drugs and Cosmetics Rules, 1945
• PNarcotic or psychotropic drugs regulated by Narcotic Drugs and Psychotropic Substances Act, 1985
• PDrugs contained in the Prohibited List of TG Guidelines.
7. In case the User wants to point out any discrepancies with the prescription or wishes to add, delete or modify anything in the said prescription, User should contact the Practitioner directly. dignoz makes no representation for the information shared by the Practitioner
8. The Practitioner may exercise his/ her discretion in opting for a particular mode of consultation depending on the nature of the ailment addressed by the Patient, and as per applicable laws. dignoz has no role in determining the mode of consultation with the Practitioner.
9. The User acknowledges that dignoz/dignoz.com/aaplication is a mere facilitator and does not fall within the purview of the National Medical Commission Act, 2019, and the rules and regulations framed/ recognized thereunder.



Grievance Redressal




If you have any questions concerning this Website, Platform, this Agreement, the Services, or anything related to any of the foregoing, customer support can be reached through email communication. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Email: mycare@dignoz.com

Dignoz Warranties



1. The Platform is provided on a best-efforts “AS IS” basis. While we strive to maintain the highest levels of service availability, dignoz is not liable for any interruption that may be caused to your access of the services due to server down and injection of new virus. User/practitioner must understand the unavoidable situation for server down and co-operate with dignoz in such situation.
2. The Prescription given by the Practitioner for the service shall be uploaded on the User’s account after the consultation
3. The Website may be linked to the website of third parties, affiliates and business partners. dignoz has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that dignoz endorses the linked site. Users may use the links and these services at their own risk.
4. It is hereby expressly clarified that, the Information that you obtain or receive from dignoz is only 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 Website. Under 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. Any information about the Practitioners, including but not limited to their name, photographs, qualifications, experience and specialties, that may be provided on the Website, is for information purposes only and such information shall not be deemed to amount to an advertisement of the Practitioner, and/ or the services provided by such Practitioner.



Intellectual Property Rights



1. The Website/Application and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Owner Content") on the Website is owned and controlled by dignoz and the design, structure, selection, coordination, expression, look and feel and arrangement of such Owner Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
2. The trademarks, logos and service marks displayed on the Website/Application are the property of Company or their third parties or respective third parties. You are not permitted to use the Marks without the prior consent of Company, the relevant third parties that may own the Marks.
3. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company or its third-parties owns all intellectual property rights to and into the trademark of the Company and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
4. Except as expressly provided herein, you acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the express written permission from company or third party owner of such Content.



Assumption of Risk




The website and its contents are for communication purposes only. By using the website you hereby acknowledge and agree that any information posted on our website is not intended to be any kind of legal advice, medical advice or financial advice and no fiduciary relationship has been created between you and the company. You further agree that your purchase of any of the products on the website is at your own risk. We do not assume any responsibility or liability for any advice or any other information given on the website.




Force Majeure



1. You accept and acknowledge that dignoz shall not be liable for any loss or damage caused to You as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, pandemic, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of dignoz or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond our reasonable control.
2. You explicitly give Your consent to the dignoz to use your information in the event of any pandemic emergencies to cater towards the benefit of public at large. The dignoz may share your information with regulatory bodies to fight any pandemic emergency. dignoz may share practitioners and users information to government bodies if the bodies ask dignoz to submit information.



Termination



1. The Terms will continue to apply until terminated by either you or dignoz as set forth below. If you want to terminate your agreement with dignoz, You may do so by (i) not accessing the Website; or (ii) closing your accounts for all of the services that You use, where dignoz has made this option available to you.
2. dignoz may, at any time, with or without notice, terminate the terms (or portion thereof, such as any individual Additional Terms) with you if: (a) you breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to you from time to time (or have acted in a manner that clearly shows that you do not intend to, or are unable to, comply with the same); (b) dignoz is required to do so by law (for example, where the provision of the services hereunder, to you is, or becomes, unlawful); (c) The provision of the services to you, by dignoz is, in dignoz's opinion, no longer commercially viable.
3. dignoz may also terminate or suspend all or a portion of your account or access to the services with or without reason. Termination of your account may include:
   1. removal of access to all offerings within the Website/Application or with respect to the services
   2. deletion of your materials and account Information, including your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account
   3. barring of further use of the Services
4. You agree that all terminations shall be made in dignoz's sole discretion and that dingoz shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your account information), or Your access to the Website/Application and the services offered there under.
5. If You or dignoz terminates your use of the Website/Application, dignoz may delete any content or other materials relating to your use of the Website/Application and dingoz will have no liability to You or any third party for doing so.



Governing law and Dispute Resolution




These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, with the exception of its conflict of law provisions. In case any litigation specifically permitted under these terms is initiated, the parties shall submit to the exclusive jurisdiction of the courts at Mehsana, Gujarat, India




Modification and Variation




The company may, at any time, change these terms without giving any notice to you. You hereby understand and agree that we have the right to modify these terms and any information and links contained herein. You further agree that any and all modifications to these terms shall be in full force and effect immediately upon being posted on the website and shall replace any prior version of these terms.




Report Abuse




In the event you come across any abuse or violation of these terms or if you become aware of any objectionable content on the Website, please report to dignoz.