TERMS OF USE


QIKDOC IS NOT MEANT TO BE A SUBSTITUTE FOR EMERGENCY MEDICAL CARE. PLEASE VISIT A DOCTOR / HOSPITAL IMMEDIATELY IF YOU ARE EXPERIENCING ANY EMERGENCY MEDICAL CONDITION(S) OR SYMPTOM(S).

The following terms and conditions constitute an agreement between YOU (“User”) and JEEVANSH INFOTECH PRIVATE LIMITED (the company that owns and runs the QikDoc Mobile App(s) and Website, hereinafter referred to as “QikDoc”, “Company”, “we,” or “us”). BY USING THE APP, AND / OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference, and that you agree to comply with applicable laws, governed and interpreted by the country (hereinafter referred to as “India”). Please note that we offer the App and Website "AS IS" and without warranties. If you are registering an account or using the Site (“Service”) on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individual or entity's behalf.

In addition, you understand that the specific method, features and services offered on QikDoc may be altered, improved, removed or adapted at any time by QikDoc in its sole discretion and without any notice. If you do not agree with any of these terms, do not use this app/site.

QikDoc does not itself provide any doctors / medical practitioners / physicians (“Practitioner”) or services of any doctors / medical practitioners / physicians. All doctors / medical practitioners / physicians contacting, communicating and providing consultation to you (“User”) by means of QikDoc are independent of QikDoc. QikDoc is used by doctors / medical practitioners / physicians in order to communicate and manage patients (“User”). Any and all information or advice received from such doctors / medical practitioners / physicians is independent of QikDoc. Neither QikDoc, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any professional advice obtained from a Practitioner via the Service or for any other information obtained on the App / website. QikDoc does not endorse any specific tests, physicians, medications, products or procedures that are recommended by any doctors / medical practitioners / physicians that may use QikDoc to communicate with you. You understand and acknowledge that your reliance on any doctor / medical practitioner / physician or information provided by the providers via the Service is solely at your own risk and you assume full responsibility for all risk associated herewith.

QikDoc does not make any representations or warranties about the training or skill of any doctors / medical practitioners / physicians who provide services via the Service. You are ultimately responsible for choosing your particular doctor / medical practitioner / physician. 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.

INTERMEDIARY APPLICATION

This Website/App is a platform that Patients and Practitioners utilize to meet and interact with one another for their transactions. We act as mere technology providers who display to the End User / Patients the Practitioners they search for, based on the Content provided to us / updated on the Website / updated on the Mobile Application, or applications built on it, by Practitioners and End Users, including without limitation Content relating to area of Practitioner area of specialization, expertise, experience, availability, and geographic location.

However, should a User choose to proceed with a Practitioner displayed / identified / listed by us, for any purpose whatsoever, including without limitation, posing a question, seeking medical advisory service, exchanging Patient information, charts, DICOM Images, seeking appointments, we are not a party to such interaction and take no liability arising from such communication.

QIKDOC RULES

QikDoc enables you to consult your doctors / medical practitioners / physicians via video/phone calls. In order to access services on our App/Website, you will be required to register for an account (“Account”). In order to create an account, you are required to be at least 18 years of age.

You can create an Account via your mobile number. We will send you an OTP/verification code in order to verify and check the validity of your number. Once you fill the OTP as sent on your number, on the QikDoc App, you will be successfully registered as a User. If you create an Account on our App, you authorize us to display and use certain information from such an account (e.g. name, phone number, location, etc.). Please read our Privacy Policy in order to understand how we collect, share and use your personal information.

If you feel the need to leave, you can deactivate your Account at any time by going to ‘Settings’ page when you are logged in and clicking upon the ‘Sign-Out’ Link. Your account will thereafter be deactivated.

We reserve the right (at our sole discretion) to terminate or suspend any Account, or make use of any legal, technological or other means available to enforce the Terms (including without limitation blocking specific IP addresses), without any prior notice and without liability. Certain portions of the App/Website may not be accessible if you have not signed up or registered for an Account with QikDoc.

BOOKING A CONSULTATION

To avail Services of consulting a particular doctor / medical practitioner / physician (“Provider”) via video/phone call, you would be required to register yourself as a User on the QikDoc App. Once you have successfully registered, you can use the App to book consultations with a Provider.

In order to book a consultation via video/phone call, you need to first search for the particular doctor / medical practitioner / physician you want to consult. You can check that particular provider’s consultation fees at this stage. Once you click on ‘Book Consultation’, you will be directed to define your suitable date and time for such consultation. Once you confirm the same, you will be required to make the requisite payment. Once your payment is successfully made, your consultation will be booked. The concerned doctor / medical practitioner / physician will be notified of such consultation, which he/she will either accept, or in extraordinary circumstances, propose a new time for the consultation. In case you are notified for an acceptance of a new time for your consultation, you can either accept or in case the said new time does not suit you, you can propose a new time. This can continue till a suitable time for video/phone calling is amicably reached between you and the Provider.

Once the payment for consultation is made, a chat window will be enabled between you and the particular doctor / medical practitioner / physician, wherein summary notes can be shared and reports can be uploaded. The concerned doctor / medical practitioner / physician can send his/her signed prescription through the said chat window.

Through the App, only the Provider i.e. the concerned doctor / medical practitioner / physician with whom the consultation has been booked can initiate the video/phone call. You, as a User cannot initiate the booked consultation.

If the doctor / medical practitioner / physician does not call on the time decided between you and the concerned Provider, he/she may propose a new time. You can either accept the new time, or cancel/refund the consultation. If you cancel/refund the consultation, the payment made by you will be refunded within 7 working days. Thereafter, you can initiate a new consultation.

COMMUNICATIONS

By using this Application, it is deemed that You have consented to receiving telephonic calls, video calls, SMSs and/or emails from us and other Users / Practitioners. Such communications shall be sent to You on the Mobile Application and/or 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 include clarification calls, marketing calls and promotional calls.

In the event you use the Application to book appointments with any Practitioner, We may send booking confirmation, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS, Chat, or by voice call on the contact number provided by You at the time of making the appointment. This includes contacting you through information received from other parties. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls.

ADDITIONAL TERMS

Few of our Services have additional terms and conditions (“Additional Terms”). Where these or any Additional Terms apply to a Service, we will make them available for you to read through before your use of that Service. By using such Service, you agree to the Additional Terms.

OUR CONTENT/OWNERSHIP

The Site (Website and App) and Services are ‘Our Content’ and we own or license all rights, titles and interests in and to the Site and Services, including all software, text, media and all other content available on the Site and Services, along with all associated intellectual property rights. We also own our trademarks, logos and brand elements (‘Marks’). The Site and Services, Our Content and Marks are protected under the laws in India. The look and feel of the Site and Services (App/Website) are copyright © of JEEVANSH INFOTECH PRIVATE LIMITED, All rights reserved. You shall not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or the visual design elements or concepts without express written permission from us.

Use of Site (App/Website) and Services

You are fully responsible for your use of the App/Site and Services and for any use of the Site and Services made using your Account (‘Your Content). When you use this Site or Services, you agree and acknowledge that:
a.In case any prescription is being provided to a User by a Provider, the same is being provided on the basis of the online consultation which may vary when examined in person, hence, in no event shall the prescription provided by Provider be relied upon as a final and conclusive solution;
b. By consulting the Provider, he/she will not be conducting physical examination of the Users, hence, they may not have or be able to derive important information that is usually obtained through a physical examination. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation;
c. During the consultation and thereafter, the Provider may upload the prescription/health records of the User on chat, for access of the User. However, it is expressly clarified that the Provider may or may not issue a prescription at his/her sole discretion;
d. Notwithstanding anything contained herein, QikDoc is not in any manner responsible for any drug/medicines prescribed or any therapy prescribed by the Provider;
e. Consultation with the Provider is merely a consulting model, any interactions and associated issues with the Provider during such consultation, including but not limited to the User’s health issues and/or the User’s experiences is strictly between the User and the Provider. Any complaints, queries and questions regarding any Consultation with the Provider shall be made to the Provider himself/herself. The contact details for each Provider shall be stated within the App itself;
f. User understands and agrees to provide accurate information and will not use the Site or Services for any acts that are considered to be illegal in nature;
g. If User engages with a Provider to procure medical services or engages in communication, exchange of money for services outside of QikDoc’s platform, User shall do so at their own risk. QikDoc shall not be responsible for any breach of Service or Service deficiency by any Provider;
h. You will not violate any rules, laws and/or regulations or carry out any illegal activity.

USER PRIVACY

Each User's Privacy is crucial for us. For information on how QikDoc collects, uses and shares your personal data, please check out our Privacy Policy. This is important information that you must read. By using QikDoc, you agree that we can use such data in accordance with our Privacy Policy.

THIRD PARTY INTERACTIONS

Our Site( App/Website ) and Services could consist of features and functionalities that could link you to third party and third party content. Such third party content includes websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. You understand that your interactions with organizations or individuals, including any Provider, found on or through the Site and Services are solely between you and such organizations or individuals. It is upon you to make whatever investigation you feel necessary or appropriate before proceeding with any interactions with any of these third parties. It is agreed by you that QikDoc is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. We are under no obligation to get involved if any dispute arises between users of the Site or Services, or between users and any third party. In the event a dispute arises between you or any other User or Provider of QikDoc, you agree that you will release us and our affiliates (and all of our officers, employees, agents, and successors) from any and all claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute(s) or the Site and Services.

THIRD PARTY LINKS

The Site(Website and App) and Services could contain links to third party or other websites and online resources. A link to such a third party website in no way means that we endorse it or that QikDoc is affiliated with it. If any loss or damage related to the use of such third party website is caused, you understand that we are not liable or responsible for the same. You should always read the terms and conditions and privacy policy of a third-party website before using it.

CHANGES TO SITE(WEBSITE/APP) OR SERVICES

We may update and enhance the Site and Services often. Such changes to(or any discontinuation of) QikDoc’s Site and Services could be made at any time, with or without notice to you.

DISCLAIMER AND LIMITATIONS ON LIABILITY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SITE AND SERVICES (WEBSITE/APP) IS AT YOUR SOLE RISK AND DISCRETION.

QIKDOC DOES NOT SUPPORT ANY PRACTITIONERS DISPLAYED / MADE AVAILABLE THROUGH THIS APPLICATION. QIKDOC ASSUMES NO LIABILITY FOR THE REPERCUSSIONS OF USING THE APPLICATION FOR THE PURPOSE OF TRANSMITTING USER’S MEDICAL / PERSONAL DATA TO ANY OTHER USER OR PRACTITIONER, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, FAILURE TO BOOT, OR OTHER ERRORS IN THE WORKING OF THE DEVICE ON TO WHICH THE APPLICATION HAS BEEN DOWNLOADED.

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU BEAR THE RISK OF USING USING THE APP/WEBSITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, QIKDOC AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, GUARANTEES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

QIKDOC MAKES NO WARRANTY AND SHALL NOT BE LIABLE AGAINST INTERFERENCE OF YOUR ENJOYMENT OF THE APP/WEBSITE AND RELATED SERVICES. QIKDOC AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF ANY CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. QIKDOC AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT. QIKDOC AND ITS AFFILIATES MAKE NO WARRANTY AND WILL HAVE NO LIABILITY FOR LOSSES OR DAMAGES INCLUDING ANY PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE APP/WEBSITE OR RELATED SERVICES; ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APP/WEBSITE OR RELATED SERVICES OR THROUGH ANY THIRD PARTY, THAT THE APP/WEBSITE WILL BE FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE OR MEET YOUR REQUIREMENTS; REGARDING THE SECURITY, RELIABILITY OR TIMELINESS OF THE APPLICATION; ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES. YOU EXPRESSLY AGREE THAT USE OF APP/WEBSITE AND RELATED SERVICES IS PURELY VOLUNTARY ON YOUR PART, AT YOUR OWN RISK AND THEREFORE AGREE TO BEAR ANY AND ALL RISK WHATSOEVER AND/OR HOWSOEVER CAUSED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY OR LIABILITY NOT EXPRESSLY MADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL QIKDOC AND ITS AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES; TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM QIKDOC ONLY DIRECT DAMAGES UP TO THE AMOUNT/FEES YOU ACTUALLY PAID TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY. YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM ANY DISTRIBUTOR OR ANY OTHER THIRD PARTY.

INDEMNITY

All the actions you make and the information you post on QikDoc remain your responsibility. Therefore, you agree to indemnify and hold harmless QikDoc and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, (a) any actual or alleged breach of these Terms by you or anyone using your account, (b) violation of any laws or regulations, or (c) your gross negligence, omissions, or willful misconduct. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

APPLICABLE LAW AND DISPUTE SETTLEMENT

The parties agree that this Agreement and any contractual obligation between QikDoc and User will be governed by the laws of India.

The courts at New Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, User’s use of the App/Website or the Services or the information to which it gives access.

If any provision of this clause/term is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing and signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of your relationship with QikDoc.

MISCELLANEOUS

Under no circumstances will QikDoc be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

It is important to note that we do not verify or approve profiles of Providers and do not guarantee any authenticity or honesty of any information of and given by any Provider. QikDoc shall not be held liable for any delay or failure of the Provider to give consultation. You acknowledge and understand that QikDoc does not conduct criminal background checks on its Users/Providers or otherwise inquire into the background of its Users/Providers. QikDoc makes no representations or warranties as to the conduct of the Users/Providers.

These Terms will be governed by and construed in accordance with the laws of the Courts of New Delhi, India, without giving effect to any conflict of laws, rules or provisions.

You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only in the Courts located in New Delhi, India. You consent and submit to the personal jurisdiction of such Courts for the purposes of any such action.

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provision. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

CHANGES TO TERMS

Our terms are great, but we may have to change them every now and then. As QikDoc grows, we have to make changes to the Terms and so we reserve the right to modify, amend and change the Terms at any time (‘Change’) with or without notice to you. If changes are made, they will be posted on this page and we will indicate the Effective Date of the updates at the top/bottom of the Terms. In some circumstances, we may even send emails/notifications in order to notify you of the changes. You should regularly check this page for notice of any Changes - we want all our users to be as informed and up to date as possible.

Your continued use of QikDoc following any Change constitutes your acceptance of such Change(s) and you will be legally bound by the new and updated Terms.

EFFECTIVE DATE: 22-03-2020

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