Terms and conditions

1. NATURE AND APPLICABILITY OF TERMS :

1.1 The following terms and conditions constitute an Agreement (hereinafter referred to as the “Agreement”) between You and Nokdok (“Nokdok”, “We” or “Us”), the operator of www.nokdok.com (the “Site”) and related applications, services and mobile applications provided by Nokdok (hereinafter when referred collectively called as ‘Nokdok Platforms’). This Agreement shall govern your use of Services (defined below), both as registered and non-registered user.
1.2 By using or otherwise accessing the Services, and/or by registering with Nokdok, You agree to the terms of this Agreement, including the information disclosed hereinbelow, and to be bound by the same. If you do not agree with this Agreement, you should refrain from using the Services. Your access to any of Nokdok’s Platforms is also at the sole discretion of Nokdok.
1.3 Nokdok reserves the right to add, substitute, modify or terminate any service provided by Nokdok from time to time. Such information shall be included in the terms and conditions as and when modified, and the burden is on you to keep yourself updated about such modifications. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms of Use or other applicable Agreement document, the modification, and agreement to abide and be bound by the Terms of Use or other applicable Agreement document, as amended.
1.4 It is Your sole burden to keep yourself updated with respect to changes in the Terms of Use and Privacy Policy. If at any time You choose not to accept these terms of use, including following any such modifications hereto, then You must stop accessing Nokdok Platforms and using the Services.
1.5 You agree that Nokdok will not be liable to You or any third party for any suspension or discontinuation of any of the Services or portion thereof.

2. ELIGIBILITY :

2.1 You must be 18 years of age or over to register with Nokdok or use Nokdok Platforms and the Services. If You do not qualify under these terms, do not use Nokdok Platforms or Services. By using Nokdok Platforms and/or the Services, You represent and warrant that You have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.
2.2 If You are registering an account or using the Services on behalf of an individual or entity other than Yourself, You represent that You are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.

3. COMPLIANCE WITH LAW :

3.1 This Agreement is in compliance with all the relevant Laws, rules and regulations at the time being in force, including but not limited to the Indian Contract Act, 1872; Information Technology Act, 2000; and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (hereinafter referred to as the “SPI Rules”), and the Information Technology (Intermediaries Guidelines) Rules, 2011 (hereinafter referred to as the “IG Rules”).

4. DEFINITIONS :

4.1 “Healthcare Provider/s” means and includes any medical practitioner, doctor, dentist, provider of veterinary services or anyone in the healthcare sector including but not limited to diagnostic centres and pharmacies (whether an individual professional or an organization) certified as per the Medical Council of India Guidelines (hereinafter referred to as “MCI”), who wish to be listed with Nokdok and provide medical services and/or opinions to anyone who accesses the Nokdok Platforms and is registered with Nokdok;
4.2 “Patient” means an individual or his/her representative searching for the Healthcare Providers on Nokdok’s Platforms or accessing the Services provided through Nokdok Platforms. The term also encompasses any visitor of any of the Nokdok Platforms who is not registered as Healthcare Provider on Nokdok;
4.3 “User” shall refer to the grouping of both the Healthcare Providers as well as Patients;
4.4 “Services” means all those Services provided on any of the Nokdok Platforms, including but not limited to listing of Healthcare Providers along with their profiles, contact details and all such information as agreed by the Healthcare Providers that would be made available to the Patients; User Profile, Community notice board, search engine based on location, speciality or any other criteria that may be decided by Nokdok. The Services made available by Nokdok are subject to change at the sole discretion of Nokdok;
4.5 “Our Content” means text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services or on any of the Nokdok Platforms.
4.6 “User Content” shall include the contents posted by Nokdok on behalf of the User on Nokdok Platforms along with the information provided by the User available for other Users on the Site.
4.7 “Posted Information” shall include all such content, inquiries concerning possible medical needs and such other content used to participate in the other interactive and community features of the Site posted by the User personally or on their profiles.
4.8 “You” may refer to the User as defined above or to either the Healthcare Providers or the Patients as separate groups, depending on the context.

5. PRIVACY POLICY :

5.1 In order to register, You must provide certain basic information about Yourself which includes name, sex, phone number, email ID. Also, You may at your discretion opt to voluntarily share additional information such as prescriptions, images, reports etc., in order to benefit from all the Services that Nokdok provides. As per Nokdok’s Privacy Policy, Nokdok may use, share and maintain Your information, which may include without limitation Your name, address and contact information; medical history and current needs; billing information; and other information that is either requested by Nokdok or voluntarily provided. By submitting such information, You authorize Nokdok, its employees, consultants, partners and affiliates etc., operating on its behalf to use and/or disclose such information in accordance with relevant Laws.
5.2 Nokdok may disclose or transfer User Content information to its affiliates or governmental authorities in such manner as permitted or required by applicable laws, and You hereby consent to such transfer. If any of the User Content is found in violation of any law for the time being in force, Nokdok will comply with any duly-issued government or court directions to disable access to such User Content and Posted Information.
5.3 When the User provides his/her contact information viz. phone number, e-mail address, facebook user name, Google Plus user name etc. (“Personal Information”), it is implied that Nokdok is permitted to send any communications to them via using such communication portals.
5.4 You agree, understand and consent, in the form prescribed hereto, that the Healthcare Provider may upload and share with You your medical documents such as prescriptions, images and reports etc, through the Nokdok Platform and the medical documents will be accessible to You and You may retain it on the Nokdok Platform for future use and easy access or may remove the document from the Nokdok Platform at your discretion.
5.5 This clause is not exhaustive and is to be read along with the Privacy Policy made available to all the Users and Helathcare Providers on the Nokdok Platforms.

6. NO DOCTOR-PATIENT RELATIONSHIP :

6.1 You acknowledge that although some content may be provided by Healthcare Providers, the provision of such content does not create a doctor-patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist You with locating appropriate Healthcare Providers.

7. CONTENT PROVIDED :

7.1 Nokdok only publishes information provided by the User at time of the registration or entered by them on entering the Site. The entire information provided by Nokdok is on a “as is” or “as available” basis.
7.2 With relation to the Healthcare Providers, Nokdok shall publish the area of practice, specialization, qualification, fees, location, visiting hours, photographs and contact details (if provided by the Healthcare Providers).
7.3 Nokdok reserves the right to moderate the Posted Information as and when required. Nokdok is not obliged to always act in a manner to give effect to the User’s feedbacks, complaints etc., except as specified under applicable laws in force.
7.4 All Posted Information must comply with Nokdok’s Terms of Use.
7.5 By posting Posted Information through the Services, You agree to and hereby do grant, and You represent and warrant that You have the right to grant, to Nokdok and its contractors an irrevocable, perpetual, royalty-free, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except You agree that Nokdok shall have the exclusive right to use this license to the extent of combining Your Posted Information with the Posted Information of other Nokdok users for purposes of constructing or populating a searchable database of reviews and information related to the healthcare industry.

8. RESPONSIBILITIES OF THE USER :

8.1 The User shall not host, display, upload, download, modify, publish, transmit, update or share any information that —
a) belongs to another person and to which the User does not have any right to;

b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;

c) harm minors in any way;

d) infringes any patent, trademark, copyright or other proprietary rights;

e) violates any law for the time being in force;

f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

g) impersonate another person;

h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation

j) violates or attempts to violate the integrity of the security of the Nokdok Platforms
8.2 User shall not use any of Nokdok Platforms apart from the reasons provided for.
8.3 User shall not intentionally furnish any incomplete, false or inaccurate information.
8.4 User shall not make any unsolicited communications to other Users.
8.5 User shall not misuse the contents provided on the Site.

9. REPRESENTATION OF NOKDOK :

9.1 Nokdok shall also make available scanned copy of the Registration Certificate of the Healthcare Providers issued by the Medical Council of India.
9.2 Even though the Services are provided free of charge, any charges, standard or otherwise, for any medical or related services rendered by the Healthcare Provider in his/her/its personal capacity will apply and will be entirely Your responsibility.
9.3 Nokdok uses reasonable efforts to ensure that Healthcare Providers only participate in the Services if they hold licenses required by law to render his/her services, and are not excluded or barred by any law at the time being from providing their services through Nokdok.
9.4 Nokdok reserves the right to advertise on its Platforms but does not endorse any services or products advertised. Users are advised to use their discretion with respect to advertisements.

10. REPRESENTATION OF USER :

The User represents and warrants that he/she/it:

10.1 Shall use the Site and the Services for lawful, non-commercial purposes.
10.2 Shall not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Nokdok Platforms or the Services.
10.3 Shall not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, or any other means, and shall be prosecuted for the same.
10.4 Shall resolve any dispute between You and any other User arising from any transaction hereunder directly with the User.
10.5 Shall be responsible for all use of the Services and for all use of Your Personal Information, including use by others to whom You have given Your PERSONAL Information.
10.6 Shall not accumulate or index, directly or indirectly, any content or portion of the Nokdok Platforms (including but not limited to Healthcare Providers or practice information, appointment availability, pricing, etc.) for any purpose whatsoever.
10.7 If You are registering an account or using the Services on behalf of an individual or entity other than Yourself, You represent that You are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.

11. REPRESENTATION OF THE HEALTHCARE PROVIDER :

The Healthcare Provider represents and warrants as hereunder: that he/she/it

11.1 Has provided true, accurate and complete information with respect to the content on their profile including but not limited to qualifications and credentials.
11.2 Is qualified to provide medical and other related services within the territory of India.
11.3 Has obtained all licenses as required by law to provide medical services and have not committed any act or omission that might prejudice its continuance or renewal.
11.4 Shall at all times abide by the applicable medical regulations including the code of professional ethics as prescribed under applicable laws.
11.5 Shall promptly renew licenses required to provide medical services and notify Nokdok about the same.
11.6 Will not use the Services to view, access or otherwise use, directly or indirectly, price, availability, or other content of any other Healthcare Provider for any purpose, other than personal use as a patient or prospective patient.
11.7 Will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any service; frequencies or amounts of any service offered; or the customer or customer categories for any service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation.
11.8 Shall upload all such information about a third party including but not limited to name, age, sex and contact details, on Nokdok servers.
11.9 Will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition, consumer protection laws, MCI guidelines or any other applicable regulations.
11.10 Agree to render services and fulfil obligations towards the patients using best efforts, skill and ability.

12. DISCLAIMER OF WARRANTIES :

12.1 Nokdok makes no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work, price or cost information, or accuracy, reliability of other content provided through the Services.
12.2 In no event shall Nokdok be liable to You or anyone else for any decision made or action taken by You in reliance on any such content. Furthermore, Nokdok does not in any way endorse or recommend any Healthcare Provider listed or accessible through the Services.
12.3 The content that You obtain or receive from Nokdok, and its employees, contractors, partners, sponsors, advertisers, licensors, affiliates or otherwise through the Services is for information, schedule and payment purposes only.
12.4 The content, whether such content is provided by or through the use of the Services or through any other communications from Nokdok, is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment and is not to be considered as any form of medical consultation.
12.5 Nokdok only provides a platform for the patients to communicate with the Healthcare Provider and Nokdok shall not be responsible or liable for the advice provided by such Healthcare Provider.
12.6 Your use or reliance of Our Content is solely at your own risk.
12.7 We do not recommend or endorse any specific tests, Healthcare Providers, procedures, opinions, or other information that may appear through the Services.
12.8 We have no control over, and cannot guarantee the availability of any Healthcare Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting therefrom.
12.9 We have no control over the fee demanded by the Healthcare Provider or changes regarding the same.
12.10 We will not be liable for any wrong medication or quality of treatment or negligence on part of the Healthcare Providers.
12.11 We are not liable for any inappropriate behaviour or misconduct on part of the Healthcare Provider or their staff.
12.12 Except as specifically mentioned Nokdok make no warranties about the information systems, software and functions made accessible through the Services or any other security associated with the transmission of sensitive information.
12.13 Nokdok does not warrant that the Site or the Services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the services, software or site are free of computer viruses, contaminants or other harmful items.
12.14 The links to Sites of third parties or affiliates is not under the control of Nokdok and we are not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available through such sites. Nokdok in no way endorses any such links and it is the Users discretion to use such links at all time.
12.15 Nokdok shall not be liable for any breach of Terms of Use by the User in any way.

13. DISCLAIMER AND SUGGESTIONS :

13.1 Nokdok is not liable for any liabilities arising out of the User’s reliance on the Services, content provided on Nokdok Platforms to the fullest extent permitted by law.
13.2 Nokdok does not receive any additional fees from Healthcare Providers for providing them with better ratings.
13.3 Nokdok has no control over the User Content including the Posted Information (including but not limited to feedbacks) except as provided under law and thus are not liable for what content You access, its effect on You and how You interpret the content available on the site or what actions You may take as a result of having been exposed to the content on the Site and/or the Services. You release us from all liability for You having acquired or not acquired content through Nokdok Platforms.
13.4 Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare provider because of something You may have read on any of the Nokdok Platforms. Do not use the Services for emergency medical needs, but please contact an ambulance service or hospital directly.
13.5 You are strongly advised to perform your own investigation prior to selecting a Healthcare Provider by making telephone calls to the appropriate licensing or certification authorities to verify listed credentials and education, and to further verify information about a particular Healthcare Provider by confirming with the Healthcare Provider’s office, Your current Healthcare Providers, the medical association(s) relevant to the Healthcare Provider’s specialty and the relevant medical board(s).

14. PERSONAL LOCKER :

14.1 Nokdok shall provide - free space to upload 5 prescriptions, 3 reports and 1 image file in the cloud maintained by it. The Users need not pay any amount for utilization of the storage free space being provided by Nokdok. The User may store any data in the storage space being offered by Nokdok solely at their risk. Nokdok will not take any responsibility for loss of data stored on the inline storage space provided by it.
14.2 Users may seek additional storage space over and above - the free space by subscribing to Nokdok’s annual subscription fee in terms separate policies that Nokdok may have from time to time.
14.3 Nokdok reserves liberty to change the usage terms including but not limited to provision for free space etc., in respect to the personal locker facility offered by Nokdok.

15. ADDITIONAL FACILITY :

15.1 The additional service provided to the patients to tag prescription, reports, etc. to a particular Healthcare Provider is merely an additional facility provided patient’s convenience. No liability can be fastened against the Healthcare Provider for not responding to the patient on such queries.
15.2 In case of any emergencies, patients are advised to directly meet the concerned Healthcare Provider without waiting for any response from such Healthcare Provider on Nokdok Platforms.

16. DISCRETION OF NOKDOK :

Nokdok may exclude Healthcare Providers who, in Nokdok’s discretionary opinion, have engaged in inappropriate or unprofessional conduct

17. TERMINATION :

17.1 Nokdok reserves the right to suspend or terminate a User’s access to any of Nokdok’s Platforms with or without notice and to exercise any other remedy available under law, in cases where:
a) the User has committed breach of any Terms of Use under this Agreement.

b) Nokdok is not able to verify the authenticity of information provided the User.

c) Nokdok receives complaints from third parties against the User.

d) Nokdok has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of the User.

e) The action of the User is contrary to the law in force
17.2 Upon termination, Nokdok reserves the right to determine if it shall temporarily or permanently disable the Users profile. It is at the discretion of Nokdok that the user may be allowed to re-register or allowed to use the same account.

18. INDEMNITY :

18.1 User agrees to indemnify and hold harmless Nokdok, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. Nokdok will notify You promptly of any such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide us with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
18.2 In no event, including but not limited to negligence, shall Nokdok, or any of its directors, officers, employees, agents or content or service providers 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 Site or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost Users, even if Nokdok was advised of the possibility of such damages.
18.3 In no event shall the total aggregate liability of Nokdok 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 Nokdok Platform or Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

19. ASSIGNMENT :

19.1 Nokdok may assign this contract at any time, including without limitation to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.
19.2 You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.

20. WAIVER :

No relaxation, forbearance or delay by Nokdok in enforcing or exercising any of the terms of this Agreement shall prejudice, affect or restrict the rights of Nokdok, nor shall constitute a waiver by Nokdok of any breach hereof operate as a waiver of any subsequent or continuing breach of any terms or conditions of this Agreement, unless in writing.

21. SEVERABILITY :

In the event that any provision, covenant or restriction contained in this Agreement is declared by any judicial or other competent authority to be invalid, void, voidable, illegal or otherwise unenforceable or indications of the same are received by either of the parties from any, relevant competent authority, the rest of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the Parties hereto are at the liberty to amend that provision, covenant or restriction in such reasonable manner as to achieve the intention of the Parties without illegality, or at the discretion of the Parties, such provision may be severed from this Agreement. Such a provision shall be deemed to have been in existence from the date of execution of this Agreement and the remaining provisions of this agreement will remain in full force and effect unless the Parties decide that the effect of such declaration is to defeat the original intention of the Parties.

22. ENTIRE AGREEMENT :

This Agreement constitutes the entire agreement and understanding between the Parties in respect of Confidential Information and supersedes all previous agreements, understandings and undertakings thereof, if any.

23. SUPPLEMENTARY AGREEMENT :

The Parties acknowledge that this Agreement is to be read along with the Privacy Policy, or such other contract entered into between them. In case of any conflict, the provisions of this Agreement shall subsist and supersede over all such conflicting provisions of the other/ supplementary agreement.

24. HEADINGS :

The headings contained in this Agreement are for reference and convenience purposes only and shall not be solely taken into account for the purpose of interpreting any clauses or provisions that they relate to. They do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.

25. ARBITRATION :

Any disputes or differences arising between the Parties with regard to any term of this Agreement may be referred to a sole arbitrator. The award given by the arbitrator shall be final and binding on the Parties. The arbitrator shall be appointed by Nokdok. The place and venue of arbitration shall be Bengaluru. The Arbitration shall be held in English language. The provisions of the Arbitration and Conciliation Act, 1996 shall apply to the arbitration proceedings. The dispute pertaining to the validity or execution of this Agreement and the dispute in respect of jurisdiction shall also be adjudicated by the Sole Arbitrator.

26. APPLICABLE LAW AND JURISDICTION :

This Agreement shall be governed and construed in all aspects in accordance with the laws of India and in accordance with the laws of India. The courts at Bengaluru shall have exclusive jurisdiction in respect of this Agreement, your use of the Website or the Services or the information to which it gives access. Any use outside of India is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.

27. GRIEVANCE OFFICER :

i. All grievances are to be addressed to Nokdok by an affected person in writing or through email signed with electronic signature about any such information.
ii. All grievances addressed to Nokdok after due diligence would be acted upon as per the provisions of applicable laws.

viz. Name: Hari Krishnan

E-mail id: administrator@nokdok.com

Contact details: 9900541166

CONSENT FORM w.r.t Point 5.4

The Patient understands and hereby expressly agrees and consents to the following;

1. The Patient has voluntarily consulted with Dr. (Doctor’s Name);
2. Dr. (Doctor’s Name)’s (Clinic’s Name) clinic may upload and share medical documents of the Patient such as Prescriptions, Images and Reports etc, through the Nokdok Platform for access by the Patient;
3. Once shared by Dr. (Doctor’s Name)’s (Clinic’s Name) clinic, the medical document will be accessible to the Patient, who may retain it on the Nokdok Platform for future use and easy access or may remove the document from the Nokdok Platform.

(Patient Name)

TERMS & CONDITIONS