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Terms and Conditions

PreDoc is the author and publisher of the service resource www.predoc.in and the mobile application ‘PreDoc’ (together, ‘Website’). PreDoc owns and operates the services provided through the internet.

·         1. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at www.predoc.in/terms (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Web application by PreDoc. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and PreDoc in connection with your visit to the Website and your use of the Services (as defined below).

The Agreement applies to you whether you are -

    • A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
    • A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
    • Otherwise a user of the Website (“you” or “User”).

This Agreement applies to those services made available by PreDoc on the Website, which are offered free of charge to the Users (“Services”), including the following:

    • For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
    • For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by PreDoc, and (iii) to make appointments with Practitioners.

The Services may change from time to time, at the sole discretion of PreDoc, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@predoc.in.

By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

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.

Your access to use of the Website and the Services will be solely at the discretion of PreDoc.

The Agreement is published in compliance of, and 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”).
         2. CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to PreDoc 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 and abide by this Agreement.

         3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

The terms in this Clause 3 are applicable only to Users other than Practitioners.

    • 3.1END-USER ACCOUNT AND DATA PRIVACY
      • 3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
      • 3.1.2 PreDoc 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 PreDoc’s services and to build new services.
      • 3.1.3 The Website allows PreDoc 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.

§  3.1.4 The Privacy Policy sets out, inter-alia:

        • 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 PreDoc will disclose such information; and,
        • Other information mandated by the SPI Rules.

§  3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:

        • 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; and
        • The name and address of the agency that is collecting the information and the agency that will retain the information; and
        • The various rights available to such Users in respect of such information.
      • 3.1.6 PreDoc 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 PreDoc or to any other person acting on behalf of PreDoc.
      • 3.1.7 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 PreDoc of any actual or suspected unauthorized use of the User’s account or password. Although PreDoc will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of PreDoc or such other parties as the case may be, due to any unauthorized use of your account.
      • 3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or PreDoc has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PreDoc has the right to discontinue the Services to the User at its sole discretion.
      • 3.1.9 PreDoc may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
      • 3.1.10 Against every Practitioner listed in www.predoc.in, you may see a ‘show number’ option. When you choose this option, you choose to call the number through a free telephony service provided by PreDoc, and the records of such calls are recorded and stored in PreDoc’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by PreDoc should be used only for appointment and booking purposes, and not for consultation on health-related issues. PreDoc accepts no liability if the call facility is not used in accordance with the foregoing.
    • 3.2 RELEVANCE ALGORITHM

PreDoc’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by PreDoc. PreDoc will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. PreDoc in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.

    • 3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
      • 3.3.1PreDoc 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. PreDoc takes reasonable efforts to ensure that such information is updated at frequent intervals. Although PreDoc 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.
      • 3.3.2 The Services provided by PreDoc or any of its licensors 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). PreDoc does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. PreDoc does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, PreDoc disclaims all liability arising out of the User’s use or reliance upon the Website, 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 PreDoc or any User in relation to any User or services provided by such User.
      • 3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. PreDoc has no control over, and not liable or responsible for content, accuracy and validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that PreDoc endorses the linked site. User may use the links and these services at User’s own risk.
      • 3.3.4 PreDoc 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.
      • 3.3.5 If PreDoc determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, PreDoc reserves the right to immediately suspend your access to the Website or any of your accounts with PreDoc and makes such declaration on the website alongside your name/your clinic’s name as determined by PreDoc for the protection of its business and in the interests of Users. You shall be liable to indemnify PreDoc for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected PreDoc or its Users.
    • 3.4 BOOK APPOINTMENT AND CALL FACILITY

PreDoc enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the Website; b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Website.

      • 3.4.1PreDoc will ensure Users are provided confirmed appointment on the Book facility. However, PreDoc has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. Provided, it does not fall under the heads listed under the PreDoc Guarantee Program, in which case the terms of this program shall apply.
      • 3.4.2 If a User has utilized the telephonic services, PreDoc reserves the right to share the information provided by the User with the Practitioner and store such information and/or conversation of the User with the Practitioner, in accordance with our Privacy Policy.
      • 3.4.3 The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by PreDoc of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.

§  3.4.4 Without prejudice to the generality of the above, PreDoc is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that PreDoc will not be liable for:

        • User interactions and associated issues User has with the Practitioner;
        • the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
        • any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
        • inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
        • any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
        • Cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under, PreDoc Guarantee - Terms & Conditions.
      • 3.4.5 Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, PreDoc shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website.

§  3.4.6 In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the concerned Practitioner’s clinic:

        • User’s account will be temporarily disabled from booking further online appointments on Predoc.in for next four (4) months, in case of, three(3) Valid PNS, as per the P.N.S Policy. However, the User can continue to call the clinic via Predoc.in to get an appointment.
        • Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same. When Practitioner informs PreDoc of the incident or marks a particular appointment as P.N.S. using the PreDoc web software or PreDoc Pro App within five (5) days of the scheduled appointment, an email and SMS (“PNS Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 3.4.6(c), for not showing up, PreDoc shall be entitled to take actions as under Clause 3.4.6 (a). However Users understand that, actions such as ones mentioned under Clause 3.4.6(a) are included as a deterrent to stop Users from misusing the Website, and the loss of business hours incurred by the Practitioner.
        • Following instances, solely at the discretion of PreDoc, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized as per Clause 3.4.6 (a):
          • User does not reply within seven (7) days, with reasons to PNS Communication, from the date of receipt of such PNS Communication;
          • In case User responds to the PNS Communication with below reasons:
            • Forgot the appointment
            • Chose to visit another Practitioner/consulted online;
            • Busy with other work; or such other reasons (which PreDoc at its discretion decides to be a valid reason to not show up).
          • Where the User has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of PreDoc, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.
        • PreDoc reserves the right to make the final decision in case of a conflict. The total aggregate liability of PreDoc with respect to any claims made herein shall be INR 200.
      • 3.4.7 Cancellation and Refund Policy
        • In the event that, the Practitioner with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at support@predoc.in within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.
        • Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.
    • 3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
      • 3.5.1Please 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. The provision of such Information does not create a licensed medical professional/patient relationship, between PreDoc 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.
      • 3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from PreDoc, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
      • 3.5.3 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.
    • 3.6 PREDOC CONSULT
      • 3.6.1 PreDoc Consult is a feature on the application that enables Practitioners and patients to connect with each other through: 'Consult Basic' model, 'Consult Direct' model, and 'Consult Follow-up' model:
        • The Basic Consult model: Enables Users to connect with Practitioners by posting health related queries on the application, which will be visible on the public health feed. Practitioners can respond to such queries using a special software application provided to Practitioners by PreDoc. The public queries posted by the Users are sent to multiple Practitioners, chosen through a fully automated system. The automated system chooses Practitioners based on inter alia the information furnished by each Practitioner, the number of questions answered by the Practitioner and the rating or reviews procured by the Practitioner. PreDoc will not be responsible for the Practitioners chosen to respond to the queries.
        • The Consult Direct model: The User may post queries on their Health Accounts which will be only sent to the Practitioner that the User has chosen from the list made available to the User on the application.
          • The User can choose a particular Practitioner, post a private query for such Practitioner, the Practitioner may indicate the pre-consultation fee payable for the advice solicited and in such cases PreDoc shall provide the User an option to directly remit the amount to the Practitioner through the payment gateway option provided. Upon completion of payment, the Practitioner shall provide his/her response to the query. The amount paid to the Practitioner is non-refundable unless there has been an issue of non-compliance of applicable law / rules / regulations / guidelines or of the terms contained hereunder by the Practitioner, in which case investigation shall be undertaken and the amount will be refund, subject to the discretion of PreDoc. In any other cases, PreDoc shall not be liable to provide refund or be responsible for the nature of advice provided by the Practitioner.
          • PreDoc shall charge a platform fee on the Practitioner and/patient, which is a nominal amount, for the service being provided by PreDoc. The amount levied and payable by Practitioner shall appear, on the Practitioner’s account and the amount levied and payable by the patient, shall appear when the patient is making payment to the Practitioner, respectively.
          • The payment gateway option is being provided to the patients to make collection of payment easier. In case wrong bank account details are provided by Practitioner, PreDoc will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact support@predoc.in.
        • The Consult Follow-up Model Enables Users to follow-up with Practitioners whom they have already consulted offline.
          • Follow-up feature will only be available with Practitioners who have enabled the feature.
          • The maximum number of messages that User can send and the number of days for which Follow-up will be active for, will be set by the Practitioner.
          • PreDoc will send follow-up SMS reminder to User number which is provided by Practitioner, informing the User of Follow-up.
          • PreDoc is not liable, if for any reason the follow-up SMS messages are not delivered to the User(s), or are delivered late or not accessed, despite its best efforts. While PreDoc will endeavor to take all reasonable steps through its dedicated support team to resolve any technical or operational difficulties for the delivery of the follow-up SMS to the User(s), PreDoc makes no promise or guarantee for any uninterrupted SMS.
          • PreDoc is not responsible for verifying the accuracy or incompleteness of User details provided by Practitioners and shall not be liable for any errors in the same.
      • 3.6.2 Terms for Practitioners:
        • The Practitioner shall reply to the patient after receiving patient’s communication. In case of non-compliance with regard to reverting/ adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, PreDoc has the right to show other available Practitioners to the patient or remove Practitioners from the platform/PreDoc application/site.
        • The Practitioner understands and agrees that, PreDoc shall at its sole discretion, at any time be entitled to, show other Practitioners available for consultation.
        • The Practitioner further understands that, there is a responsibility on the Practitioner to treat the patients on this model, as the Practitioner would have otherwise treated the patient on a physical one-on-one consultation model.
        • The Practitioner has the discretion to cancel any consultation at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the patient. In such cases, patient has the option of choosing other Practitioners.
        • The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation being rendered.
        • The Practitioner acknowledges that should PreDoc find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then PreDoc shall be entitled to cancel the consultation with such patient or take such other legal action as may be required.
        • It is further understood by the Practitioner that the information that is disclosed by the patient at the time of consultation, shall be confidential in nature and subject to patient and Practitioner privilege.
        • The Practitioner shall ensure patient’s consent is obtained prior to uploading the prescription/health records of the patient on the account of the patient during such consultation.
      • 3.6.3 Terms for Patients:
        • The User hereby grants consent to PreDoc to feature the queries posted by the User on the PreDoc Basic model and agrees that any such information provided by the User will be subject to PreDoc Privacy Policy.
        • PreDoc Consult is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the patient, to book an appointment for physical examination and in-person consultation whether the same is with the Practitioner listed hereunder or otherwise. In case of any negligence on the part of the patient in acting on the same and the condition of the patient deteriorates, PreDoc shall not be held liable. All the conditions prescribed in Section 3.5 of this Terms of Use shall apply to the Users.
        • The User understands and agrees that PreDoc Consult, is merely a consulting model, any interactions and associated issues with the Practitioner on PreDoc Consult including but not limited to the User’s health issues and/or the User’s experiences is strictly between the User and the Practitioner. The User shall not hold PreDoc responsible for any such interactions and associated issues.
        • As a User, you understand that, PreDoc is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible for any outcome from the consultation between the User and the Practitioner.
        • PreDoc Consult is a platform being made available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with the Practitioner.
        • You understand that, your conversations with the Practitioner will be retained in our database as per the applicable laws.
        • If you decide to engage with a Practitioner to procure medical services to you, you shall do so at your own risk. PreDoc shall not be responsible for any breach of service or service deficiency by any Practitioner.
        • If you decide to use the payment gateway to make payments online, it is solely at your discretion. Should there be any issues with regard to the payment not reaching the respective Practitioner’s account, please reach out to support@predoc.in.
        • Cancellations/Refunds: In case of patients, where the Practitioner has acted in contravention with any guidelines/applicable laws/rules/regulations, PreDoc shall provide complete refund to the patient, subject to investigation undertaken by PreDoc. However, where the cancellation is due to the abusive nature of the patient, such patient shall not be eligible for any refund and PreDoc/Practitioner shall be entitled to take any legal action, depending upon the gravity of the matter.
    • 3.7 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
      • 3.7.1 The contents listed on the Website are (i) User generated content, or (ii) belong to PreDoc. The information that is collected by PreDoc directly or indirectly from the End- Users and the Practitioners shall belong to PreDoc. Copying of the copyrighted content published by PreDoc on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and PreDoc reserves its rights under applicable law accordingly.
      • 3.7.2 PreDoc authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "PreDoc Content"), are the property of PreDoc and are protected under copyright, trademark and other laws. User shall not modify the PreDoc Content or reproduce, display, publicly perform, distribute, or otherwise use the PreDoc Content in any way for any public or commercial purpose or for personal gain.
      • 3.7.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
  • 3.8 REVIEWS AND FEEDBACK

By using this Website, you agree that any information shared by you with PreDoc or with any Practitioner will be subject to our Privacy Policy.

You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of PreDoc in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. PreDoc disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. PreDoc shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.

Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, 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 IG Rules and SPI Rules. PreDoc, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that PreDoc may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

    • Obtaining feedback in relation to Website or PreDoc’s services; and/or
    • Obtaining feedback in relation to any Practitioners listed on the Website; and/or
    • Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;

and you agree to provide your fullest co-operation further to such communication by PreDoc. PreDoc’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.

         4. TERMS OF USE PRACTITIONERS

The terms in this Clause 4 are applicable only to Practitioners.

    • 4.1 LISTING POLICY
      • 4.1.1 PreDoc, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. PreDoc 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 you and your profile is found to be incorrect, you are required to inform PreDoc immediately to enable PreDoc to make the necessary amendments.
      • 4.1.2 PreDoc shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
      • 4.1.3 PreDoc shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by PreDoc, where the User has expressly or implicitly consented to the making of disclosures or publications by PreDoc. If the User had revoked such consent under the terms of the Privacy Policy, then PreDoc shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by PreDoc prior to its actual receipt of such revocation.
      • 4.1.4 PreDoc 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, PreDoc shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
      • 4.1.5 Practitioners explicitly agree that PreDoc reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
      • 4.1.6 When you are listed on Predoc.in, End-Users may see a ‘show number’ option. When End-Users choose this option, they choose to call your number through a free telephony service provided by PreDoc, and the records of such calls are recorded and stored in PreDoc’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 you by PreDoc should be used only for appointment and booking purposes, and not for consultation on health-related issues. PreDoc accepts no liability if the call facility is not used in accordance with the foregoing.
      • 4.1.7 You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and PreDoc accepts no liability for the same.
    • 4.2 PROFILE OWNERSHIP AND EDITING RIGHTS

PreDoc ensures easy access to the Practitioners by providing a tool to update your profile information. PreDoc reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, PreDoc takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using PreDoc’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, PreDoc may modify or delete parts of your profile information at its sole discretion with or without notice to you.

    • 4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF PREDOC
      • 4.3.1 All Critical Content is content created by the Users of www.Predoc.in (“Website”) and the clients of PreDoc customers and Practitioners, including the End-Users. As a platform, PreDoc does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of PreDoc and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. PreDoc’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
      • 4.3.2 PreDoc reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
      • 4.3.3 PreDoc shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
      • 4.3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. PreDoc shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. PreDoc however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.
      • 4.3.5 PreDoc will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
      • 4.3.6 If PreDoc determines that you have provided inaccurate information or enabled fraudulent feedback, PreDoc reserves the right to immediately suspend any of your accounts with PreDoc and makes such declaration on the website alongside your name/your clinics name as determined by PreDoc for the protection of its business and in the interests of Users.
    • 4.4 RELEVANCE ALGORITHM

PreDoc has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. PreDoc shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.

    • 4.5 INDEPENDENT SERVICES

Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by PreDoc.

    • 4.6 PREDOC REACH RIGHTS

PreDoc reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, PreDoc will not be liable for the accuracy of information or the claims made in the Sponsored ads. PreDoc does not encourage the Users to visit the Sponsored ads page or to avail any services from them. PreDoc will not be liable for the services of the providers of the Sponsored ads.

You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and PreDoc accepts no liability for the same.

    • 4.7 PREDOC CONSULT
      • 4.7.1 PreDoc Consult enables Practitioners to connect with the Users by responding to the health related queries posted by them on their Health Accounts using the special software application provided to Practitioners by PreDoc (“Doctor App”).
      • 4.7.2 The User may post two types of queries on their Health Accounts (i) public query, which is sent through PreDoc Consult to multiple Practitioners and enables any of the chosen Practitioner to respond to the query posted; and (ii) private query, which will be only sent to the Practitioner that the User has chosen.
      • 4.7.3 The public queries posted by the Users are sent to multiple Practitioners through a fully automated system installed in the Doctor App. The automated system chooses Practitioners based on inter alia the information furnished by each Practitioner, the number of questions answered by the Practitioner and the rating or reviews procured by the Practitioner. PreDoc does not guarantee in any manner that any query will be directed to a particular Practitioner and will not be responsible for the Practitioners chosen to respond to the queries.
      • 4.7.4 Practitioner agrees that, when providing any written response to a User’s query that constitutes a performance of his/her services, the Practitioner shall not post language that may be considered abusive, objectionable or demeaning to the User or in general.
      • 4.7.5 In the event, the Practitioner indicates as part of his response the pre-consultation fee payable for the advice solicited through the private query, PreDoc shall provide the User an option to directly remit the amount to the Practitioner through the Health Account and subsequently deduct a portion from the amount paid as its fee for the performance of the services.
      • 4.7.6 PreDoc shall remit the fees to the Practitioner in accordance with the terms agreed between the Practitioners and PreDoc in the Software License and Services Agreement executed between them.
      • 4.7.7 PreDoc reserves the right to revise the fee terms at any time at their discretion. The Practitioner’s continued use of the services and Doctor App shall constitute his/her consent to such revision.
      • 4.7.8 Practitioner hereby agrees that it shall use the Doctor App for the purpose specified in these Terms of Use and shall not use the Doctor App for any unauthorized and unlawful purpose, including impersonating another person.
      • 4.7.9 Practitioner hereby represents and warrants that he/she
        • is qualified to provide medical services within the territory of India;
        • has obtained all licenses as required by law to provide medical services and has not committed any act or omission that might prejudice its continuance or renewal; and
        • has provided PreDoc true, accurate, complete and up to date details about their qualification and credentials.
      • 4.7.10 Practitioner agrees that he/she shall at all times abide by the applicable medical regulations including the code of
      • 4.7.11 Practitioners shall promptly renew their licenses required to provide medical services and notify PreDoc about the same.
      • 4.7.12 PreDoc reserves the right to terminate any account of the Practitioner in case:
        • the Practitioner breaches any terms and conditions of this terms of use or privacy policy or applicable laws;
        • PreDoc is unable to verify or authenticate any information provided to it by a Practitioner; or
        • PreDoc in its sole and absolute discretion believes that actions of the Practitioner may cause legal liability for PreDoc or other Users and / or may adversely affect the services rendered by PreDoc.
      • 4.7.13 Practitioner hereby agrees that, for any User that contacts the Practitioner using PreDoc Consult, only he/she shall be allowed to perform the services for the User and that the Practitioner may under no circumstances be permitted to transfer the performance of Your Services to any other person, whether under their supervision or not. The Practitioner accepts all responsibility and liability for the use of PreDoc Consult, including the performance of its services, by any other party claiming to be the Practitioner and hereby agrees to indemnify PreDoc against any claim or loss that may be faced by PreDoc consequent to such use.
      • 4.7.14 Practitioner hereby agrees to hold in strictest confidence all information provided by a User to him/her under all circumstances. Practitioner agrees that he/she shall not disclose any information or documentation provided by a User to any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person.
      • 4.7.15 Practitioner agrees to render his/her services and fulfill their obligations towards their patients using their best efforts, skill and ability.
      • 4.7.16 Practitioner agrees and understands that some or all his/her may be made available to the general public through the Doctor App or otherwise by the Company and that he/she has no objection to the same.
      • 4.7.17 Practitioner hereby agrees to assign to PreDoc in perpetuity all intellectual property rights residing in the responses provided by him/her for use by PreDoc worldwide.
      • 4.7.18 Practitioner hereby agrees not to seek the contact details of any User or to contact any User except through the Doctor App.
      • 4.7.19 Any communication sent by or through PreDoc to the Practitioner is based solely on information uploaded by the Users. PreDoc shall not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.
      • 4.7.20 Practitioner shall be liable to indemnify and hold PreDoc harmless from and against all actions, claims, damages, losses and expenses, including court costs and reasonable attorneys’ fees, arising out of or resulting from any breach, default, contravention, non-observance, non-performance, improper performance of any of its obligations or the terms, conditions, covenants and provisions contained in this Terms of Use.
    • 4.8 BOOK APPOINTMENT AND CALL FACILITY
      • 4.8.1It is mandatory that the User meets the same Practitioner with whom the appointment has been confirmed on the date of appointment. Practitioner shall refrain from having the User see a fellow-Practitioner.
      • 4.8.2The Practitioner shall communicate about any expected delay/cancellation at least two (2) hours prior to the scheduled time of appointment.

Non-compliance by the Practitioner of the Clauses 4.8.1 and 4.8.2, hereunder shall lead to poor patient experience and PreDoc may in such instances take the step of including, but not limited to: (a) withdrawal of the Book Appointment facility indefinitely; and/or (b) change in the listing order of the Practitioner on the Website.

      • 4.8.3 Practitioner understands that, PreDoc 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 Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of PreDoc.
         5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
    • 5.1 As mandated by Regulation 3(2) of the IG Rules, PreDoc hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
      • belongs to another person and to which the User does not have any right to;
      • 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;
      • harm minors in any way;
      • infringes any patent, trademark, copyright or other proprietary rights;
      • violates any law for the time being in force;
      • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      • impersonate another person;
      • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
      • Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
    • 5.2 Users are also prohibited from:
      • violating or attempting to violate the integrity or security of the Website or any PreDoc Content;
      • transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by PreDoc;
      • intentionally submitting on the Website any incomplete, false or inaccurate information;
      • making any unsolicited communications to other Users;
      • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
      • attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
      • copying or duplicating in any manner any of the PreDoc Content or other information available from the Website;
      • Framing or hot linking or deep linking any PreDoc Content.
      • Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
    • 5.3 PreDoc, 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, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. PreDoc 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.
    • 5.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, PreDoc has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
    • 5.5 PreDoc 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. The SPI Rules only permit PreDoc to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by PreDoc as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between PreDoc or any person on its behalf and the User or where the User has consented to data transfer.
    • PreDoc respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
         6. TERMINATION
    • 6.1 PreDoc reserves 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 cases where,
      • Such User breaches any terms and conditions of the Agreement;
      • A third party reports violation of any of its right as a result of your use of the Services;
      • PreDoc is unable to verify or authenticate any information provide to PreDoc by a User;
      • PreDoc has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
      • PreDoc believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for PreDoc or are contrary to the interests of the Website.
    • 6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
         7. LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall PreDoc, or any of its directors, 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.

In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

         8. RETENTION AND REMOVAL

PreDoc 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.

         9. APPLICABLE LAW AND DISPUTE SETTLEMENT
    • 9.1 You agree that this Agreement and any contractual obligation between PreDoc and User will be governed by the laws of India.
    • 9.2 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 your 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 PreDoc. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. 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.
    • 9.3 Subject to the above Clause 9.2, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
         10. CONTACT INFORMATION GRIEVANCE OFFICER
    • 10.1 If a User has any questions concerning PreDoc, the Website, this Agreement, the Services, or anything related to any of the foregoing, PreDoc customer support can be reached at the following email address: support@Predoc.in or via the contact information available from the following hyperlink: http://www.predoc.in/contact-us-us.
    • 10.2 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 Grievance Officer at: Name: Sowmya Sudarshan Designation: Head – Customer Experience Address: 307, Shivalik-8, Chandanpark Road, Near Gopal Chowk, Rajkot – 360 005 Email: support@predoc.in Telephone: +91-9824 5523 46 (Ask to be connected to the Grievance Officer) 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 IG Rules, please address your grievance to the above person.
·         11. SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

·         12. 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 PreDoc. Any consent by PreDoc to, or a waiver by PreDoc 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.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE