- Published: Monday, 13 October 2014 11:50
- Written by Super User
1. What we offer?
Dakshah e-Informatics Services (“Dakshah”) is the author and publisher of the software Dakshah Helathcare Directory and Appointment management, and all variants, editions, add-ons (including all files and images contained in or generated by the software, and accompanying data, together the “Software”).Dakshah also operates the internet resource www.bookmeradoctor.com and www.medicodesk.com (“Website”) on world wide web which is used to access Dakshah Software. Dakshah Software is used at healthcare practices (“Practices”) by healthcare providers (“Practitioners”, which term shall also include designated associates of the healthcare providers who would use Dakshah Software), and clients of the healthcare providers (“Patients”, which term shall also include members of public who search for doctors on the Website anonymously or as a registered user of the Website) to find, manage and organize information including but not limited to personal or non-personal information, practice information, appointments, prescriptions, medical records, billing, inventory and accounting details. All users of the Dakshah Software - the Practitioners, Patients, and the visitors of Website are together termed as “Users”.
2.2 You must be 18 years of age or older to register, use this Software, or visit or use the Website in any manner. By registering, visiting the Website or accepting this Agreement, you represent and warrant to Dakshah that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Software and online tools available through the Website and agree to and abide by this Agreement.
2.3 The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
1. the Indian Contract Act, 1872,
2. the (Indian) Information Technology Act, 2000, and
3. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
2.4 A condition of the User’s use of and access to the Website and the Software available through the Website provided by Dakshah to Users (together with the Website, the “Services”) is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this computer resource / the Website immediately and immediately discontinue use of all Services.
2.6 Dakshah authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, " Dakshah Content"), are the property of Dakshah and are protected under copyright, trademark and other laws. User shall not modify the Dakshah Content or reproduce, display, publicly perform, distribute, or otherwise use the Dakshah Content in any way for any public or commercial purpose or for personal gain.
2.7 Multiple people are not permitted to share the same/single log-in.
2.8 If you are an employee, consultant, intern or are in any way associated to the Practitioner that has subscribed to the Services and the subscribing Practitioner has authorized you to use the Services, this Agreement is a three-way agreement between you, the Practitioner and Dakshah. Both the Practitioner and Dakshah may seek recourse against you for any violation of the terms of this Agreement.
2.9 Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their user name or right to use the Service to any third party. You, the User, are solely responsible for the way anyone you have authorized to use the service uses the Services, and for ensuring that all of your users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such user shall be deemed to be a violation thereof by you.
3.1 Dakshah provides Software through the Website, an online appointment management software and a medical record management solutions as a Software as a Solution (SaaS) model. The details of the Software are provided here http://www.medicodesk.com/services. Dakshah is not responsible for and does not deal with any of Practitioners’ client or patient managed by User through the Website and only provides Services to User through the Website. Use of the Website may require the User to use Software provided by or operated from the Website, and on occasion Dakshah may make certain software available to User from the Website. To the extent User uses such software or downloads such software from the Website, the software, will be deemed to be licensed to User by Dakshah, for providing Services to User and enabling User to use those Services only. Dakshah does not transfer either the title or the intellectual property rights to the Software, and Dakshah (or its licensors) retain full and complete title to the Software as well as all intellectual property rights therein. User agrees to use the Website and the materials provided therein only for purposes that are permitted by: (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
3.2 Dakshah also offers a free trial offer of Services. During the trial period User will get to experience all the features of the Services. Users of the Services during the trial period are bound by the terms of this Agreement. Any data User enters into the Services, and any customizations made to the Services by or for User, during User’s 15 day free trial will be permanently lost unless the User upgrades his/her/its subscription to one of the User Plans, available atwww.medicodesk.com/services. Dakshah does not provide any warranty as mentioned in this Agreement during the trial period, including our uptime.
3.3 User shall not access the Services if the User is Dakshah’s direct competitor, except with Dakshah’s prior written consent. In addition, the User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.4 Dakshah will provide to the User basic support for the Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for (i) planned downtime (of which Dakshah shall give at least 8 hours notice via the Services and which Dakshah shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Indian Standard Time (IST) Friday to 6:00 a.m. Indian Standard Time (IST) Monday), or (ii) any unavailability caused by circumstances beyond Dakshah’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider failures or delays. Dakshah will provide the Services only in accordance with applicable laws and government regulations.
3.5 The Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Users are permitted to make against Dakshah’s application programming interface, and, other limitations dependent on the User Plan, for example, number of SMS, number of appointments, number of users or accounts, validity of subscription. Any such limitations are specified in the User Plans. The Services provide real-time information to enable User to monitor such User’s compliance with such limitations.
3.6 Notwithstanding anything to the contrary contained herein, Practitioner alone shall be liable for Practitioner’s dealings and interaction with Patients contacted or managed through the Services and Dakshah shall have no liability or responsibility in this regard. Dakshah does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by Patients or any third party through the Services. The Services should not be used for emergency appointment purposes.
3.7 Dakshah may, at its sole discretion, suspend User’s ability to use or access the Website at any time while Dakshah investigates complaints or alleged violations of this Agreement, or for any other reason.
3.8 Dakshah reserves the right to curate Practitioner information available in its Website to improve the quality of information and to make them more suitable for Patients who use the the Website to search for a Practitioner. In case Users find any wrong information on the Website in relation to themselves, they can rectify it themselves or contact Dakshah immediately for rectifications. Dakshah shall have no liability or responsibility in this regard.
3.10 The Website accepts online appointment requests for all practitioners listed and displayed on its Website. Dakshah takes all essential steps to duly inform Practices via phone and email for appointment requests made on Website. However, it is possible that some appointment requests do not reach the Practices at all or in a timely manner due to technical or operational reasons including but not limited to cases when Practices do not respond to phone calls made by Dakshah or when Practices do not read emails sent by Dakshah in timely manner. Dakshah shall have no liability or responsibility in this regard.
3.11 While Dakshah makes every feasible effort to ensure a confirmed appointment for a Patient who requested an appointment on Website, Dakshah does not guarantee that it will get a confirmed appointment. Further, Dakshah has no liability if such appointment is confirmed but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.
3.12 Certain Services (including additional products or services) may be subject to additional limitations, restrictions, terms and/or conditions specific to such Services or Software (“Specific Terms”). In such cases, the applicable Specific Terms will be made available to you and your access to and use of the relevant Services or Software will be depending upon your acceptance of and compliance with such Specific Terms.
3.13 Dakshah reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of its Software or Website or both at its discretion. All Users of its Services will be duly notified upon release of such newer versions and Dakshah reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems fit.
3.14 Payment, Fees and Taxes:
i. The User agrees to pay all subscription fees, consulting fees and other fees applicable to User’s use of Services and the User shall not circumvent the fee structure. The fee is dependent on the User Plan that User purchases and not on actual usage of the Services. The subscription fee is non-refundable.
ii. Each User / member is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. Dakshah is in no way responsible for any of the taxes except for its own income tax.
iii. The fees could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. Dakshah is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Dakshah.
iv. The fees could also be paid offline and be either collected personally from the User or required to be mailed to Dakshah.
v. All fees are exclusive of taxes. Service Tax of 12.3% is levied on every purchase.
vi. The payment process would be considered to be complete only on receipt of the amount to Dakshah's designated bank account.
vii. Fees not received within the specified due dates attract late charges of 18% per annum from the due-date of payment, which may be levied at Dakshah's sole discretion.
viii. Dakshah reserves the right to modify the fee structure by providing a 30 (thirty) days’ prior notice, either by notice on the Website or through email to the authorized User, which shall be considered as valid and agreed communication.
x. Notwithstanding anything to the contrary contained herein, in case the payments are made by a User through credit card, invoice for subsequent subscription period/renewals shall be generated 10 (ten) days prior to the expiry of the existing subscription period and an email will be sent to the email id of such User registered with Dakshah intimating such User about expiration of the current subscription period and that the credit card of such User registered with Dakshah will be charged automatically against payment of subscription fee for subsequent subscription period, along with a copy of the invoice for the subsequent subscription period/renewal. Subject to the provisions of section 8.2 below, if a User is not willing to continue or renew the subscription of Services, the same shall be communicated to Dakshah within 5 (five) days of receipt of such intimation from Dakshah. In the absence of such intimation to discontinue the subscription, Dakshah shall be entitled to charge the credit card of the User registered with Dakshah on the day the current subscription period expires.
xi. Dakshah shall send an intimation of receipt of fee from the Users through an email within 3 (three) working days of receipt of fee from such User.
xii. In case of non-payment of any fee beyond the date a payment becomes overdue (overdue date), Dakshah reserves the right to take all of the following actions as it deems appropriate
1. reduce all service credits in Users’ Services account to 0 (zero) anytime after 7 (seven) days from the overdue date, including but not limited to SMS and Call credits.
2. discontinue the Services to the User anytime after 30 (thirty) days from the overdue date.
3. delete all information in User’s account anytime after 90 (ninety) days from the overdue date.
4. Collection, Use, Storage and Transfer of Personal Information
i. The type of information collected from Users, including sensitive personal data or information;
ii. The purpose, means and modes of usage of such information; and
iii. How and to whom Dakshah will disclose such information.
i. the fact that the information is being collected;
ii. the purpose for which the information is being collected;
iii. the intended recipients of the information;
iv. the name and address of the agency that is collecting the information and the agency that will retain the information; and
v. the various rights available to such Users in respect of such information.
4.4 Each Practice and its users of Software will be responsible for obtaining explicit consent from their Patients before storing Patient data in Software.
4.5 Dakshah shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Dakshah or any other person acting on behalf of Dakshah.
4.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Dakshah of any actual or suspected unauthorized use of the User’s account or password. Although Dakshah will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Dakshah or others due to such unauthorized use.
4.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Dakshah has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dakshah has the right to discontinue the Services to the User at its sole discretion.
4.9 Dakshah may use information stored in its Services from time to time for the purposes of debugging customer support related issues.
5.1 As mandated by Regulation 3(2) of the IG Rules, Dakshah hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which the User does not have any right to;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. impersonate another person;
viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
5.2 The User is also prohibited from:
i. violating or attempting to violate the integrity or security of the Website or any Dakshah Content;
ii. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Dakshah;
iii. intentionally submitting on the Website any incomplete, false or inaccurate information;
iv. making any unsolicited communications to other Users;
v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
vii. copying or duplicating in any manner any of the Dakshah Content or other information available from the Website;
viii. framing or hotlinking or deeplinking any Dakshah Content.
5.3 Dakshah, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in S. 5.2 above, shall be entitled to disable such information that is in contravention of S. 5.2. Dakshah shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
6.2 The User shall not hold Dakshah responsible or liable in any way for any disclosures by Dakshah under Regulation 6 of the SPI Rules.
6.3 The Services provided by Dakshah or any of its licensors or providers are provided "as is," as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Dakshah does not provide or make any representation, warranty or guaranty, express or implied about the Website or the Services. Dakshah does not verify any content or information provided by Users on the Website and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, the Dakshah Content, representations and warranties made by the Users or the content or information provided by the Users on the Website or any opinion or suggestion given or expressed by Dakshah or any User in relation to any User or services provided by such User.
6.4 Dakshah assumes no responsibility, and shall not be liable for ways in which Patient data is used by Practitioners and other authorized users of Software at a Practice. It is the responsibility of the Practice alone to ensure that the Patient data either stored in Software or taken out from Software by printing or exporting to PDF, CSV or any other computer file format or data stored offline in mobile devices of users accessing Software through mobile applications published by Dakshah, is used in compliance to local privacy laws applicable to the Practice’s business transactions with Patients.
6.5 The Website may be linked to the website of third parties, affiliates and business partners. Dakshah has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Dakshah endorses the linked site. User may use the links and these services at User’s own risk.
6.6 Dakshah assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
6.7 The Website may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized Dakshah representatives or agents, and their opinions or statements do not necessarily reflect those of Dakshah, and they are not authorized to bind Dakshah to any contract. Dakshah hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.
6.8 In no event, including but not limited to negligence, shall Dakshah, or any of its directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the website or the content, materials and functions related thereto, User’s provision of information via the Website, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any service by Practitioners to Patients contacted or managed through the Website. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website. In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Website exceed, in the aggregate Rs. 1000.
6.9 In no event shall the protected entities be liable for failure on the part of the Users to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the protected entities be liable for any comments or feedback given by any of the Users in relation to the services provided by a User.
6.10 The listing of Practitioners on the Website is based on numerous factors including Patients’ comments and feedbacks. In no event shall the protected entities be liable or responsible for the listing order of Practitioners on the Website.
7.1 User agrees to indemnify and hold harmless Dakshah, 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 his/her/ its 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. Dakshah 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.
8. Term, Termination and Disputes
8.1 This Agreement will remain in full force and effect while the User is a user of the Website in any form or capacity.
8.4 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of the Services the User has rendered in order to comply with his/her/its record keeping process and practices.
8.5 Return of User’s Data: Upon request by a User made within 30 (thirty) days after the effective date of termination of a Services subscription due to non-payment, Dakshah will make available to the User for download a copy of such User’s data in comma separated value (.csv) format. After such 30 (thirty) days period, Dakshah shall have no obligation to maintain or provide any of such User’s data and shall thereafter, unless legally prohibited, delete all User’s data in its systems or otherwise in its possession or under its control. In cases where User terminates the subscription voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the subscription - Users data will not be available after termination of subscription in such cases.
8.6 Dakshah reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Service and immediate termination of the User’s account with or without ability to access the Service, upon any breach by the User of this Agreement or if Dakshah is unable to verify or authenticate any information the User submits to Dakshah, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for Dakshah to provide the Services to the User.
8.7 This Agreement and any contractual obligation between Dakshah and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Hyderabad.
8.8 All disputes will be subject to arbitration in Hyderabad in English by a single arbitrator appointed by Dakshah under the Arbitration and Conciliation Act, 1996.
8.9 Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
8.10 Any amendment in these Terms shall replace all previous versions of the same.
9. Severability & Waiver Contact Information
10. Contact Information