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TERMS AND CONDITIONS OF USE FOR SOFTWARE PLATFORM KNOWN AS ‘e-Doktors’

The following terms and conditions govern the contractual agreement between You (“the User(s)”) and Doktors Pte. Ltd (“DPL”) arising from and in relation to the access and use of DPL’s website (https://e-Doktors.com) and / or App known as “e-Doktors” collectively referred to as “Platform” that is owned and operated by DPL (the “Platform”) with its registered office at 111, Peninsula Plaza, #24-02, Singapore and its affiliates (Collectively referred to as “e-Doktors”, “we”, “us”, or “our”)

This terms and conditions has to be read along with the privacy policy of the Platform which follows the terms and conditions. When You agree, it means that You agree to both the terms and conditions and the privacy policy.

In consideration of DPL providing You with the access to the Platform and the services offered (“Services”), You agree to the following terms and conditions (the ”Terms and Conditions”) at all times. If You do not agree to all the terms and conditions, You are not authorised to use the Platform and its Services. You should be at least 18 years of age to agree to the terms and conditions and if You are a minor You should be represented by a Parent/Guardian who is at least 21 years of age to agree to the terms and conditions. If You authorize another person to use the Platform on Your be-half, it is deemed that this User is at least 18 years of age and is aware of the terms and conditions and both You and the person You authorize are bound by the terms and conditions. You represent and warrant that You have full legal capacity and authority to agree to the terms and conditions and bind Yourself to it.

1. Definitions

User means any individual or entity who accesses the Platform and the Services available on the Platform by registering on the Platform by agreeing to the following terms and conditions. The User may either be a Service Provider or someone who receives Services.

Healthcare Service Provider means a qualified person specialised in various fields of healthcare and related services including but not limited to Doctors, Nurses, Pharmacists, Physiotherapists, Psychologists, Lab Technicians and is responsible for providing medical advice, therapy, dispense med-ications, help in lab tests/investigations. Only Doctors are allowed to prescribe medications on this Platform.

Patient means a person who seeks healthcare related services by downloading the Patient module of the e-Doktors App. It may be an individual or his/her family member or any person who has been au-thorized to download the App on the said individual’s behalf

Health Care Services means medical advice, professional opinions, prescriptions, referrals, therapy, dietary advice, exercise regimens and other health related opinions and advice which is made availa-ble to the Patient on the Platform through online video/audio/text messages

Third Party Services means services, products, content, documents, transactions (monetary or oth-erwise) owned by and offered by or otherwise licenced to a ‘third party’

Platform is the collective term used to refer to the website (https://e-Doktors.com) and the mobile application “e-Doktors” which includes all content, software, hardware and services available on these entities

Personal Data means any information relating to an identified or identifiable individual based on the information that has been provided by the individual to the Platform or by the use of the platform

Transaction means a purchase of the Services between You and DPL completed using the Platform or facilitated by the Platform

You/Your means any Patient, Healthcare Service Provider or other Users (as the case maybe ) who accesses and/or uses the Platform

Words denoting Singular shall include the plural and vice-versa

The headings in these terms and conditions are for convenience only and shall not affect its interpre-tation

2. Use of the Platform

2.1	The Platform provides a venue for the Users to use the Services made available on the Plat-form. The Services may be provided for a fee, free-for-a trial or completely free at the sole dis-cretion of DPL.
2.2	YOU ACKNOWLEDGE THAT YOU ARE AWARE OF NOT TO USE THE PLATFORM TO PRO-CURE MEDICAL TREATMENT FOR A MEDICAL EMERGENCY OR MEDICAL CONDITIONS REQUIRING IMMEDIATE/CRITICAL/ INTENSIVE MEDICAL CARE.
2.3	Users need to pay Healthcare Service Providers or third party Service Providers their due fees/charges for Services offered to the User which is stipulated by the individual Service Pro-vider. DPL MAY/MAY NOT not stipulate their fees/charges.
2.4	Your access and use of the Services is subject to Your registration on the Platform agreeing to all the Terms and Conditions and Privacy Policy and payment of the stipulated fees/charges to DPL and other Service Providers on the Platform.
2.5	You can access and use the Services for Yourself or Your family members. When You access and use the Services on the Platform for Your family member, the said family member should be registered on the Platform as well. You represent and warrant that You have the full authori-zation to register the family member and both of You are considered as Users of the Platform.
2.6	DPL may require You to state personal information including but not limited to name, gender, date of birth, place of stay, email IDs, phone numbers, passwords, medical history, language preferences, qualifications, identification numbers, place of practice.
2.7	You agree that all such information provided is true and accurate. DPL does not take responsi-bility for Users furnishing false, inaccurate or untrue information or the consequences thereof and cannot be held liable. DPL has the sole authority to refuse Services and eliminate individu-als or entities who have wilfully submitted inaccurate, untrue or false information during the reg-istration process from the Platform
2.8	You will be responsible at Your own cost, for providing the telecommunications connectivity, computer hardware, internet access and other technology necessary for You to access or use the Platform.
2.9	Healthcare Service Providers are required to possess qualifications which allow them to practice their trade in India as per the Medical Council of India or by the other appropriate regulatory au-thorities. Any individual noted to be on the Platform without such qualification will be removed from the Platform. Such individuals will be personally held responsible for their actions on the Platform and DPL does not take responsibility for their actions whatso ever and DPL cannot be held liable.
2.10	All medical opinion, advice, therapy, prescription and follow-up or any other interaction between a Healthcare Service Provider and the Patient is based on the Healthcare Service Provider’s personal judgement dependant on their academic and professional training and experience and DPL does not take liability for consequences arising out of any judgemental errors, mistakes, drug reactions, delays, negligence or anything related to this interaction. All Healthcare Service Providers are strongly encouraged to read the Telemedicine Practice Guidelines published by the board of governors in supersession of the Medical Council Of India in March 2020 and the frequently asked questions on telemedicine practice guidelines in April 2020, the links to which can be found on the e-Doktors App. They are strongly encouraged to adhere to the Telemedicine practice guidelines.
2.11	DPL reserves the right to manage the hours of function of the Platform and its Services.
2.12	The Healthcare Service Provider on the platform has the sole right to accept or reject to provide Service to the User based on his/her clinical judgement. If a Service Provider has charged you for a Service and if the Service has not been rendered, You may be entitled to a refund of the charged amount based on Our refund policy.
2.13	If a Service is interrupted due to a technical fault at Your end and if You are unable to receive the Service you agree to forfeit the fees/charges to the said Service.
2.14	You may upload documents, images, notes, video or audio recordings which may be used by the Healthcare Service Provider to help with a diagnosis, management plan, prescription or fol-low-up.
2.15	Any uploading of language, information, documents, images, notes, video or audio that is mis-leading, false, untrue, malicious, obscene, defamatory, libellous, hateful, violent, pornographic or unlawful is strictly prohibited and may invite appropriate legal action on the offending party who will be held solely responsible for their actions.
2.16	DPL does not endorse, sponsor, certify or guarantee to the quality, safety, accuracy, availabil-ity or legality of any Services or the ability of a User to fulfil their obligations to complete a transaction on the Platform.
2.17	DPL reserves the right at its sole discretion to suspend, deny access to / use of the Platform for the purpose of system, upgrading, security, maintenance or such other purposes as DPL may deem appropriate. DPL may discontinue all or part of the Service or Add/Modify all or part of the Services on the Platform without notice to You.
2.18	You agree not to use any software, hardware, device or electronic means to interfere, alter, deny or otherwise disrupt the normal operation of the Platform or any content within the Platform.
2.19	DPL is not liable for any technical problems or issues which prevent smooth functioning of the Platform and disruption of Services resulting in failure of service provision fully or partially and consequent monetary/revenue or other losses.

3. Acceptance of Terms and Conditions

3.1	These Terms and Conditions may be modified, amended or revised from time to time by DPL and such modification, amendment or revision will be effective upon notification to You.
3.2	You will be notified of any modifications to these terms and conditions in accordance with the provisions herein. Your subsequent use and/or access of the Platform and/or the Services shall be deemed to be Your agreement to be conclusively bound by any such future modification, amendment or revision.

4. Fees, Charges and Refund Policy

4.1	Unless and otherwise agreed by separate written agreement(s) with DPL, all fees and charges in connection with the use of the Platform and/or the Services or any related Transaction (as set out in the Fee quote or Fee schedule) will be payable by You to DPL.
4.2	You agree that DPL will not be responsible for any Fees, costs or taxes associated with any transaction between a Patient, User and a Service Provider or a Third-Party Service Provider.
4.3	DPL reserves the right to charge an administrative fee/Commission/Service charge on any transaction that uses or is facilitated by the Platform, the amount/percentage of which will be at the sole discretion of DPL and DPL also reserves the right to change the amount/percentage without any prior intimation to the Users.
4.4	You shall be responsible for determining whether taxes are payable in respect of the Transac-tions under any applicable law and acknowledge that We are not liable and shall not be held re-sponsible for paying, collecting, reporting, or remitting any taxes arising from any Transactions.
4.5	We may use a Payment Gateway which is provided by a third-party and integrated into the Plat-form to bill You for the Services through your selected mode of payment. The processing of payments will be subject to the terms and conditions and privacy policy of the vendor of the payment gateway and the involved financial institutions. DPL shall not be liable for any er-ror/malfunction of the payment gateway and the resultant loss if any.
4.6	You may be entitled for a full or partial refund as determined by DPL at its sole discretion if a Service Provider decides to waive your fee. a Healthcare Service Provider is unable to offer you reasonable medical advice or treatment without a physical examination and requests you to have a face-to-face consultation. However, to charge You a full fee, partial fee or to waive your fee is at the discretion of the Healthcare Service Provider who may charge a fee for his/her time spent during the consultation. a Service Provider fails to provide the Service for which You have paid and fails to provide an alternate appointment/Service acceptable to the User. a Healthcare Service Provider is unable to complete a consultation due to a technical difficulty encountered with the functioning of the platform.
4.7	The User is not eligible for a refund if the User cancels an appointment or an agreement to pro-cure a consultation/service within 2 hours of the agreed time/appointment.
4.8	The User is not eligible for a refund if a consultation/service could not be initiated or delivered due to a technical fault at the User end.

5. Compliance with Laws

5.1	You agree to and will comply with all applicable laws, statutes, regulations and ordinances in connection with any use by You of the Services at the Platform or with any Transaction.
5.2	The following activities are strictly prohibited on the Platform and indulgence in these activities will result in legal action against the perpetrator in addition to elimination from the Platform. Send or upload material that contains codes, viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programmes unknowingly or with mali-cious intent which results in damage to the Platform. Use robot, spider, scrapers, crawlers, avatars, data mining tools, automated devices or pro-cesses or manual processes to monitor, copy, extract any information or data from the Plat-form. Sub-let, Sub-licence, rent or lease the platform or a portion of it or its services for use to any person or entity. Use the Platform for fraudulent or malicious activities in violation of any laws or statutes.
5.3	You shall extend all co-operation and pay all expenses incurred to defend DPL in legal pro-ceedings that may be brought against DPL due to a breach of your obligations or covenants under these terms.

6. Copyrights, Trademarks and Intellectual Property

6.1	All Copyrights, trademarks and other intellectual property rights in the Platform (including but not limited to any images, photographs, animations, videos, audios, music, text and “applets”) are owned or otherwise licenced to DPL. No title or any intellectual property right is transferred hereunder. No part of the Platform may be reproduced, distributed or modified in whole or in part in any manner whatsoever by any medium without the written consent of DPL.
6.2	The Platform domain name(s) (where applicable), the DPL logo, e-Doktors logo, and/or other DPL products and Services referenced within the Platform or associated materials are trade-marks or copyright of DPL and may be registered in certain jurisdictions. All other product names, company names, marks and logos referenced may be trademarks of their respective owners.
6.3	Nothing within these Terms and Conditions should be construed as granting any right or licence to any trademarks or the Platform content without the written permission of DPL, or the respec-tive third-party owners.

7. Warranties and Disclaimer

7.1	You warrant at all times that You are of sufficient legal capacity to enter into binding contracts. All information provided by You to DPL is true and correct. You are not prohibited by any applicable government authority or agency. Any information, representation or material submitted by You will not infringe on any third party’s copyright, patent, trademark or other intellectual property rights. Any material, data or information you provide or submit to DPL or the Platform will not contain any electronic virus or other electronic code designed to delete, corrupt, expropriate data or otherwise disrupt system operability. You will not engage in any activities which causes or is intended to cause undue system overload or material degradation of the Platform’s computer system resources Maintain the security and confidentiality of password issued by DPL to You upon registration and to use the same only for the purpose contemplated by these Terms and Conditions.
7.2	You agree that your use of the Platform is at your sole risk. The information on the Platform is compiled from various sources and provided for general information purposes only. While DPL will use reasonable commercial efforts to ensure that the platform is at all material times available for use (except as provided under these Terms and Conditions), You understand and agree that the use of the Services and the Platform is provided on an ‘AS AVAILABLE’ basis without any guarantee or assurance that such use or access thereto will be uninterrupted, con-tinuous or error free. DPL does not warrant or represent that the (i) the information on the Plat-form or (ii) the Software, is free from errors, omissions and further makes no representations, conditions or warranties whether express or implied, including any implied warranties of satis-factory quality, completeness, accuracy or fitness for a particular purpose.
7.3	The Platform may contain links to non-DPL controlled web sites or other software. DPL is not responsible for and does not endorse or accept any responsibility for the contents or use of these third-party web sites or software. Browsing or downloading information from the internet may involve risk. You are advised that Your use or selection of links to third parties is at your own risk and You should take precautions to ensure against electronic viruses or other similar electronic Services of disruptive nature.
7.4	YOU AGREE THAT YOUR ENGAGEMENT WITH HEALTHCARE SERVICE PROVIDERS IS AT YOUR SOLE RISK. DPL AND ITS APP/WEBSITE IS AN ONLINE INTERMEDIARY THAT PRO-VIDES A PLATFORM TO CONNECT YOU AND HEALTHCARE SERVICE PROVIDERS. DPL DOES NOT ENDORSE, RECOMMEND, SUGGEST OR GAURANTEE THE COMPETETIVE-NESS, PROFESSIONAL SKILLS/ACUMEN, CLINICAL JUDGEMENT OR CLINICAL KNOWLEDGE OF ANY OF THE HEALTHCARE SERVICE PROVIDERS ON THE PLATFORM. DPL DOES NOT BEAR ANY RESPONSIBILITY FOR ANY AD-VICE/TREATMENT/THERAPY/PRESCRIPTION/MANAGEMENT PLAN GIVEN OR NOT GIVEN BY HEALTH CARE SERVICE PROVIDERS AND DISCLAIMS ALL WARRANTIES OF SUCH SERVICES PROVIDED BY HEALTHCARE SERVICE PROVIDERS ON THE PLATFORM. YOUR USE OF THE HEALTHCARE SERVICES ON THE PLATFORM CANNOT BE CONSTRUED AS A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND DPL.
7.5	You agree and acknowledge that DPL is a technology Platform and does not engage in the di-rect provision of healthcare services.
7.6	DPL will not be responsible for any claim or for any damages suffered that are related directly or indirectly to the provision of services by Healthcare Service Providers through the Platform, including but not limited to the violation of applicable ethics and laws, violation of standards of care and the duty of care, the provision of false or negligent advice or information, violation of third party rights or any abuse, threats or offensive behaviour.
7.7	You understand that Healthcare Service Providers on the Platform or not employees of DPL. They are independent contractors that provide Services independently on the Platform.
7.8	YOU ACKNOWLEDGE THAT YOU ARE AWARE OF NOT TO USE THE PLATFORM TO PRO-CURE MEDICAL TREATMENT FOR A MEDICAL EMERGENCY OR MEDICAL CONDITIONS REQUIRING IMMEDIATE/CRITICAL/ INTENSIVE MEDICAL CARE.
7.9	You understand that certain medical conditions require a physical visit with the Healthcare Ser-vice Providers at the clinic/hospital. You further understand that if You are either unsure about your ability to communicate your condition effectively on the Platform, or concerned about the advice received on the Platform, or if the advice received on the Platform is different to the ad-vice received previously, a physical visit with your Healthcare Service Provider is recommend-ed.
7.10	WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC DRUGS, TESTS, HEALTHCARE SERVICE PROVIDERS, PROD-UCTS, PROCEDURES, OPINIONS, ‘OFF-LABEL’ DRUG USES OR ANY OTHER INFORMATION THAT MAY BE PROVIDED THROUGH THE PLATFORM.
7.11	DPL provides a platform and Healthcare Service Providers provide Services in compliance with laws applicable in India. Healthcare Service Providers are not responsible for any differences between such rules and any different rules applying to the health care services in any coun-try/geographical location other than India. If you are accessing the Platform outside the territory of India, it is your sole responsibility to ensure whether it is lawful to access services offered by Healthcare Service Providers in the territory where you are located. DPL and the healthcare service providers on the Platform shall have no liability in this regard.
7.12	DPL does not endorse any content published on the Platform by an author or any opinion, rec-ommendation or advice expressed therein. DPL disclaims any and all liability in connection with the content. The content is meant for information and the views expressed are the author’s alone. None of the content should be considered as a substitute for medical advice.
7.13	We do not warrant or represent that the platform will be compatible with any kind of third-party software or hardware. It is your responsibility to ensure compatibility of this on your device(s) for the Platform. DPL is not liable for any loss or damage that may result from the use or inabil-ity to use any third-party peripherals with the Platform.
7.14	DPL disclaims any warranty arising out of the Platform, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, com-patibility, applicability, usability, appropriateness and any warranty that may arise out of course of performance, course of dealing or usage.
7.15	You hereby accept full responsibility for any consequences that may arise from Your use of the Platform and expressly agree and acknowledge that We shall have absolutely no liability with respect to the same.
7.16	To the fullest extent permissible by law, We, our affiliates and Our related parties, each disclaim all liability to You for any loss or damage arising out of or due to Your use of / inability to use or unavailability of the Platform, including any Third-Party Services made available through the platform; The occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, from, or through the Platform, communications failure, theft, destruction or unauthorised access to the Platform; Any losses and delays in transmission of messages or material you access arising out of the use of any Internet services or mobile network service providers or caused by any browser or other software which is not under DPL’s control; The Platform being infected with malicious code or viruses; The failure of the Platform to remain operational for any period of time.
7.17	You hereby accept full responsibility for any consequences that may arise from Your use of the Platform and expressly agree and acknowledge that we shall have absolutely no liability with respect to the same. Notwithstanding anything to the contrary, DPL’s maximum aggregate lia-bility to any User for claims under and in connection with the use of the Platform, whether for li-ability in contract, tort or otherwise irrespective of the form of action will be limited to the fees and charges received by DPL from You over the THREE CALENDAR MONTHS PRECEDING the date of claim of loss or damage.

8. Limitation and Exclusion of Liability

8.1	DPL disclaims any and all liability for all use of the Platform or the Services, including losses, damages, claims or expenses any person may incur as a result of: transmission of any information to or from the Platform; failure or limitation in any security prevention or detection to or from the Platform; reliance on any information contained in the Platform; hyperlink from the Platform; any error, mistake or omission in the information on the Platform; and any disruption or failure in any third-party computer network linked to the Platform; even if advised of the possibility of such loss or damage.
8.2	You expressly understand and agree that neither DPL, its subsidiaries or affiliates, officers, di-rectors, employees, registered medical practitioners or licensors will not in any circumstances be liable for any indirect, consequential or incidental damages, including damages for loss of business, business interruption, loss of business information, loss of data, procurement of substitute goods or Services or any other losses whatsoever, arising out of (i) the use or inabil-ity to use the Platform, the Services or reliance on the Platform’s contents ; (ii) unauthorised access to or alteration of your data or data transmissions; or (iii) any other matter in connection with access or use of the Platform (even if DPL has been advised of the possibilities of such damage).
8.3	DPL's aggregate liability to any User for claims under and in connection with use of the Plat-form, whether for liability in contract, tort or otherwise irrespective of the form of action will be limited to the fees and charges received by DPL from You over the THREE MONTHS PRECED-ING the date of claim of loss or damage in respect of any one event or series of connected events and provided always that DPL's aggregate liability under or in connection with these Terms and Conditions (whether for liability in contract, tort or otherwise) will be limited to the fees and charges paid by You to DPL over the three calendar months immediately preceding the cause of action.

9. Indemnification

You agree to indemnify, defend and hold harmless DPL, its directors, officers, employees, assigns and affiliates from and against any and all claims, actions, liabilities, losses, expenses, damages and costs, including, but not limited to, reasonable legal fees (collectively "Liabilities"), that may at any time be incurred by reason of any third party claim

• arising out of or relating to Your breach or alleged breach of these Terms and Conditions,
• based upon any claim in connection with an Services which You purchase, (including without limi-tation alleged errors, omissions or misrepresentation therein);
• arising out of any software virus or other software code of a destructive nature transmitted by You;
• arising from any act or omission in connection with a Transaction You enter or propose to enter into (including without limitation any dispute, non-payment or other contractual failure by You to complete such Transaction); or
• arising from any tax, duties, excise or licence fee liability in connection with a Transaction You enter or propose to enter into (with the exclusion of taxes payable by DPL's on its net income); provided that such Liabilities do not arise from DPL's wilful default or gross negligence.

10. Modification and Updating

DPL reserves the right at its sole discretion to:

• suspend, deny access to or use of the Platform for the purposes of system maintenance, up-grading, security or such other purpose as DPL may deem appropriate;
• discontinue all or part of the Services on the Platform without notice to You; or
• add and/or modify or Update all or part of the Services on the Platform at its discretion.

You agree and acknowledge that we shall not be liable to You or any third party for any such addi-tion, modification, Updating, suspension or discontinuation of the Platform

11. Termination

11.1

DPL, in its reasonable discretion, may terminate Your access to and use of the Platform, in the event of: any breach of the above warranties, or these Terms and Conditions by You; any failure to pay any amounts due by You; any information furnished by You is false or misleading; any bankruptcy or insolvency proceedings against You; or liquidation of or appointment of a receiver, administrator, judicial manager or other official over Your assets.

11.2

In the event of termination: You agree that any and all outstanding charges or fees payable by You in connection with Your use of or Transactions conducted on the Platform shall become immediately due and You will pay all such charges and fees upon demand whether or not formally demanded; DPL may delete or otherwise remove any of Your data stored within the Platform; and DPL may terminate, suspend or disallow Your access to the Platform and stop all Services to You.

12. Confidentiality

12.1

You agree to preserve the confidentiality of any Confidential Information and not to permit the disclosure of Confidential Information to any unauthorised parties. You will undertake to ensure that any of Your employees, financial or legal representatives to whom all or any of the Confi-dential Information is disclosed, strictly on a "need to know" basis in furtherance of Your obli-gations under these Terms and Conditions, shall enter into written confidentiality undertakings to protect unauthorised disclosure of the Confidential Information upon terms equivalent to this provision.

12.2

You further agree and acknowledge that any breach or threatened breach by You of the confi-dentiality provisions in these Terms and Conditions may cause irreparable injury to DPL for which monetary damages would be an inadequate remedy and that, in addition to any other remedies that may be available, in law, in equity or otherwise, DPL shall be entitled to obtain in-junctive, prohibitory or other urgent relief against the threatened breach of these Terms and Conditions or the continuation of any such breach by You, without the necessity of proving ac-tual damages.

13. Your Data

Subject to any other express agreement between You and DPL, You grant DPL a non-exclusive, roy-alty-free, worldwide right to reproduce, transmit, use, derive or otherwise display material and/or other information submitted by you to the Platform in accordance with our Privacy Policy, for the purposes of the operation of the Platform and/or any and all of the Platform’s related advertising, marketing or promotional material or communications. DPL will take reasonable efforts to adhere to any trademark guidelines as provided by you to DPL.

14. Your Registration Information

14.1

Subject to the Privacy Policy of DPL, DPL will generally use Your registration information as specified on the Registration Form for general display access by DLP, its representatives, subsidiaries and associates, for internal administrative purposes and to contact You from time to time in connection with the Services and Your use of the Platform or to inform You of the latest features. DPL may provide aggregated or generalised User information to third parties provided always that Your specific information is never disclosed (unless authorised by You or as may be required to comply with the lawful directions of any authority with competent juris-diction).

14.2

Subject to the Privacy Policy of DPL, the content of any communication feedback to this Plat-form including suggestions and comments will be treated as non-confidential and shall become the property of DPL. DPL shall be free to use such communication for any purpose unless oth-erwise You have withdrawn your consent or asked to be anonymous.

15. Delay or Force Majeure

DPL will not be liable for any failure or delay arising from events beyond DPL's control, including but not limited to, acts of God, insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of government, telecommunication or public utility disruption or fail-ure, industrial disputes of any kind (whether or not involving employees), failure of equipment, bugs, viruses, pandemics, accidents, material shortages, explosion, subsidence, inclement weather, acts or omissions of persons or bodies for whom the party is not responsible or any other causes outside it's control.

16. Disputes

DPL will not involve itself in any private dispute between Users whether or not arising out of a Trans-action. Any valid dispute raised by You directly in connection with the Platform will be first ad-dressed by DPL User service representatives and/or later by DPL management in good faith. Failing any resolution with DPL management, then such dispute or difference shall be referred to and finally resolved by arbitration in India in accordance with rules of Arbitration of the Indian Council of Arbitra-tion the rules of which are deemed to be incorporated by reference in this clause. The arbitration shall be conducted in English. This shall not preclude DPL from being entitled to obtain immediate injunc-tive and other equitable relief from any convenient court without bond and without necessity of show-ing actual monetary damage upon a breach of Clause 6 or 12 above.

17. Assignment

These Terms and Conditions will be binding upon and inure to the benefit of You and DPL's respec-tive successors and permitted assigns. Your rights and obligations under these Terms and Condi-tions may not be assigned or otherwise transferred in whole or in part, without the prior written con-sent of DPL. DPL may assign its right to receive any payment from You under these Terms and Conditions to a majority owned subsidiary of DPL or such other entity or third party approved by DPL by written notice to You without the need for consent.

18. Notices

Any notice, request, waiver, consent or approval shall be in writing in the English language and shall be deemed to have been duly given or made when it is delivered by hand, by registered mail, facsim-ile or by electronic mail (as the case may be) to Your respective registered notification address pro-vided by You to DPL. Except where otherwise provided under these Terms and Conditions, notices shall be deemed duly served and given immediately if by hand; two (2) days after postage, if by reg-istered mail; upon transmission, if by confirmed facsimile; upon transmission with no returned receipt failure message, if by electronic mail and by any messaging service to Your registered mobile phone number.

19. General

19.1	You are or shall be deemed to be a consumer of DPL’s Services on the Platform. No agency, partnership, franchise or formal business organisation of any kind is created by these Terms and Conditions and neither party will have the right to bind the other.
19.2	No waiver of any breach of these Terms and Conditions shall be deemed to be a waiver of any other or of any subsequent breach. The failure of DPL to enforce at any time any of the Terms and Conditions shall in no way be interpreted as a waiver of such provision.
19.3	If any provision of these Terms and Conditions is held invalid, unenforceable or illegal for any reason, these Terms and Conditions shall remain otherwise in full force apart from such provi-sion which shall be deemed deleted.
19.4	These terms and conditions will be governed by and interpreted according to the laws of the Republic of India excluding the application of its conflicts of law rules. To the extent permitted by law, these Terms and Conditions may be applicable in the country of your domicile.
19.5	These terms and conditions constitute the entire agreement between You and DPL with respect to the use of the Platform. These terms and conditions supersede all prior and contemporane-ous representations or understandings. Unless expressly agreed by DPL, these Terms and Conditions shall always prevail over any inconsistent terms or conditions embodied within any document, invoice or other documentation issued by DPL to a Patient, User or Service Provider or by a Patient, User or other third party to DPL under or in connection with the use of the Plat-form.

The following is the Privacy Policy (“Policy”) which outlines Doktors Pte Ltd’s (“Company”, “e-Doktors”, “We”, “Us” ) policy of storage, use, processing, translating, aggregation and disclosure of personal data that has been collected from you or uploaded by you when you access Our website https://e-Doktors.com and mobile App “e-Doktors” collectively called the “Platform” or information shared by You during Your interaction with customer care / Our promotional activities / opinions, comments or information shared by You to Third-parties in relation to the Platform.

Doktors Pte Ltd is committed to respect Your privacy and protect Your personal data. This Privacy Policy is to be read along with Terms and Conditions of the Platform listed above for Your use of the Platform on your phone, computer, tablet or any other electronic device. Please read the Policy fully and carefully to understand Our practices regarding Your personal data and the way we treat it.

The definitions of the terms in the Terms and Conditions and those capitalised in it bear the same meaning in the Privacy Policy.

By agreeing to the Terms and Conditions and the Privacy Policy to access and use the Services on the Platform, You consent to the collection, storage, Use, translation, aggregation, anonymisation or other forms of data processing of Your personal data. Your personal data will be processed accord-ing to this Privacy Policy and You are agreeing to be bound by it.

1. What Data is collected

1.1	We collect, use, store, translate, aggregate and transfer different types of data including but not limited to
1.2	Identity data, including name, username, date of birth, identification numbers, registration num-bers;
1.3	Contact data including your email addresses and phone number
1.4	Financial data including payment card details
1.5	Transaction data including details of types of Services You have availed and payments and payment types You have made on the Platform.
1.6	Electronic/technical data like IP addresses, login data, user name, passwords, preferences, time zone settings, locations, types of devices/operating systems, device types and makes used to interact with the Platform.
1.7	Usage and Marketing data including preferences, feedbacks and survey responses and the way in which You Use the Platform and its Services
1.8	Data pertaining to Your interaction with Healthcare Service Providers including Your medical conditions, advice, lab investigations and prescriptions which may be uploaded and stored by Your Healthcare Service Provider on the Platform.
1.9	Aggregated data such as statistical or demographic data may be derived from Your personal data. However it cannot be considered as personal data since it will not be possible to identify You or any particular individual from this data.

2. How is Your personal data collected

Your data is collected from the following sources

• Information given to Us by You including, Identity, Contact, Financial, Health, Marketing and Fi-nancial data by filling in registration forms on the Platform, by using Our Services including shar-ing data on Our social media functions or participating in giving opinions/reviews in relation to the Platform or by providing information to our Third Party associates including vendors who provide Financial services, internet and mobile services, Healthcare services and any other Service avail-able on the Platform.
• Technical and usage data may be automatically collected every time You access the Platform or use one of the Services available on the Platform.
• Information pertaining to You may be shared with Us by third parties which are associated with Us or from public sources including.
• Networks including but not limited to Facebook and Google which provide data analytics.
• Advertising networks or search information providers.
• Contact, financial and transaction data from providers of technical, payment and delivery ser-vices.
• Identity and contact data from data brokers or aggregators or from publicly available sources
• Data received by the Healthcare Service provider from You

3. Your responsibilities

• You are to use only the user ID and password given to You on behalf of the business that You represent, as indicated on the applicable registration application. Multiple use of a wrong User ID and password may render the User ID and password to be deactivated and for DPL to stop its Service to You
• You will be responsible for the confidentiality and use of Your User ID and password, and You will be held solely responsible for all communications made through the Platform using Your User ID and password whether or not authorized by You.
• You will further ensure that Your employees and /or agents (as the case may be) maintain confi-dentiality of Your User ID and password and ensure compliance by Your employees and /or agents of all instructions or notices given by DPL from time to time regarding the use of the Plat-form.
• You will notify DPL immediately upon becoming aware of any unauthorized access to or use of the Platform and agree that DPL shall not be responsible to You and You shall not make any claim, demand or request for compensation from DPL in respect of any loss or damage suffered by You as a result of any unauthorized access to and/or use of Your ID and password.
• You agree that the information and personal data You provide us with are true, correct and accu-rate. We shall not be liable for any incorrect or false information or personal data that You or your Healthcare Service Provider may provide.

4. Usage of Personal Data

• You agree and consent to the Usage of Your personal data when You consent to share Your personal data by Us.
• You agree and authorize Us and Our partners/associates/affiliates on the Platform to contact You via e-mail, phone or by other means to ensure that You are aware of all the features of the Platform and other relevant Services.
• You agree and authorize Us to send electronic alerts for details pertaining to registration, adver-tising and for other Service requirements.
• You agree to receive promotional and other emails and other forms of communication from Us. You may unsubscribe from Our mailing list at any time through the unsubscribe option we offer.
• You are aware that any and all information pertaining to You, whether or not You directly pro-vide to Us, including but not limited to personal correspondence such as e-mails or letters, in-structions from You, etc.,. may be collected, compiled and shared by Us in order to render Services to You and You expressly consent to the same.
• In general, we will not disclose personal data except in accordance with the following purpose or activity
  • To register You as an User on the Platform
  • To deliver Services to You including manage purchases and payment options
  • To notify You of changes/updates to the Platform and its Services
  • For administration of the Platform Users, trouble shooting, data analysis and system testing
  • To deliver content and advertisements/ make recommendations about goods and Services to You
  • To perform a contract We are about to enter or have entered with You
  • To enforce our Terms and Conditions
  • Where it is necessary for Our legitimate interests (or those of a third party ) and Your inter-ests and fundamental rights do not override those interests
  • To comply with a legal or regulatory obligation

5. Transfer of personal data

• As a part of Your use of the Platform, the information and personal data You provide to Us may be stored in a different country other than India. We may also share information with enti-ties of countries other than India. These countries will also be subject to data laws of their re-spective countries.
• If You use the Platform while You are outside India (subject to the Terms and Conditions), Your information may be transferred to a country other than India in order to provide You with the Platform and its Services.
• By submitting Your information and personal data to Us, You agree to the transfer, storage and processing of such information and personal data outside India in the manner described above.

6. Third party links and user experience improvement services

Our Platforms may, from time to time, contain links to and from the websites of Our partner net-works, advertisers and affiliates(“Third Party Websites”).Please note that the third party websites and any services from them that may be accessible through Our Platform have their own privacy policies. We do not accept any responsibility or liability for the policies or for any personal data that may be collected through the Third Party Websites or their services. Please check their poli-cies before You submit any personal data to such websites or use their services

We use third -party user experience improvement services (including but not limited to those pro-vided by both, Google Inc and its affiliates) and applications to better understand Your behaviour in the Platform. The information collected includes (but is not limited to)

Age;
Gender;
Preferences; and
Interests.

Your relationship with these third parties and their services and tools is independent of Your rela-tionship with Us. These third parties may allow You to permit or restrict the information that is col-lected. It may be in Your interest to individually restrict or enable such data collections.

The place of processing information depends on each third-party service provider and You may wish to check the privacy policy of each of the service provider to identify the data shared and its purpose. You will be subject to a third party’s privacy policy if you opt in to receive communi-cations from third parties.

7. COOKIES

We may use cookies to distinguish You from other Users of the Platform and remember Your preferences. This helps Us to provide You with the good experience when You use or browse our Platform and also allows us to improve the Platform.

We collect data by way of ‘cookies’. Cookies are small data files which are sent to Your browser to the Platform and are stored in your computer or device (hard drive). The cookies shall not pro-vide access to data in your computer or device such as email addresses or any other data that can be traced to You personally. The data collected by the way of cookies will allow Us to admin-ister the Platform and provide You with the tailored and user-friendly service. The cookies shall enable to access certain features or both, the Platform and the Services. Most web users and devices can be set to notify when You receive a cookie or prevent cookies from being sent. If You prevent cookies from being sent, it may limit the functionality that We can provide when You visit the Platform.

Additionally, You may encounter cookies or other similar devices on certain pages of the Plat-form that may be placed by the third parties. We do not control the use of cookies by third par-ties. If You send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about Your activities or postings on the Platform, we may col-lect such information into a file specific to You.

8. DATA SECURITY

We implement certain security measures including encryption and firewalls to protect Your per-sonal information from unauthorised access. However, You agree and acknowledge that the above-mentioned measures do not guarantee absolute protection to the personal information and by accessing the Platform, You agree to assume all risks associated with disclosure of personal information arising due to the breach of firewalls and secure server software.

Where We have given You (or where you have chosen) a password that enables You to access certain parts of our Platform, you are responsible for keeping this password confidential. We ask You not to share the password with anyone.

9. DATA RETENTION

You are aware that Your personal data will continue to be stored and retained by Us for a reason-able period after termination of Your account on the Platform.

10. BUSINESS TRANSITIONS

You are aware that in the event We go through a business transition, such as a merger, acquisi-tion by another organisation, or sale of all or a portion of our assets, Your personal data might be among the assets transferred.

11. CHANGE OF PRIVACY POLICY

You are aware that in the event We go through a business transition, such as a merger, acquisi-tion by another organisation, or sale of all or a portion of our assets, Your personal data might be among the assets transferred.

We keep our policy under regular review and amend this Policy from time to time, at Our sole discretion.

The terms of this policy may change and if they do, the changes will be posted on this page and, where appropriate, notified to you by email. The new Policy may be displayed on-screen and You may be required to read and accept the changes to continue your use of the Platform and the Services.

12. DATA PROTECTION OFFICER

You may contact us at +91 XXXXXXXXXX with any enquiry relating to this Policy or an enquiry relating to your personal information(for example: reviewing, updating, or seeking deletion of your information).You can also do so by writing to our Data Protection Officer, at the address provided below:

Name: Mr S. Subbian
Email: Contact@e-Doktors.com