Who we are
LikesBy Ventures Private Limited, on behalf of itself and its affiliates/group companies under the brand “BluDoc” , is the author and publisher of the internet resource www.bludoc.in and the mobile application ‘BluDoc’ (together, “Website and or Application”). LikesBy Ventures and or BluDoc owns and operates the services provided through the Website and or Application, Application and software
What personal data we collect and why we collect it
1.2 A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website and or Application, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
1.3 Here the qualified doctor and or health care provider who has the license to prescribe medication to the patient under medical law as per the residence of their country is addressed as “User” or “Users” or “You” or ‘Your”
1.4 This Agreement applies to those services made available by BluDoc on the Website and or Application, which are offered free of charge to the Users (“Services”)
1.5 The Services may change from time to time, at the sole discretion of BluDoc, and the Agreement will apply to your visit to and your use of the Website and or Application and or Application to avail the Service, as well as to all information provided by you on the Website and or Application at any given point in time.
1.6 This Agreement defines the terms and conditions under which you are allowed to use the Website and or Application and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at email@example.com
1.8 We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website and or Application following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
1.9 You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website and or Application or avail any Services.
1.10 Your access to use of the Website and or Application and the Services will be solely at the discretion of BluDoc.
1.11 The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to: the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
2. INTENT OF THE APPLICATION/ WEBSITE AND OR APPLICATION-
2.1 This is the platform designed exclusively for the Doctors and or registered health care providers to prescribe their patients through this application.
3. TERMS & CONDITIONS OF USE
3.1 You must be 18 years of age or older to register, use the Services, or visit or use the Website and or Application in any manner. By registering, visiting and using the Website and or Application or accepting this Agreement, you represent and warrant to BluDoc that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and or Application and the Services available through the Website and or Application, and agree to and abide by this Agreement.
3.2 You must a registered Doctor or Health care service provider who has the right to prescribe medications to their patients as per regulations set forth by concerned authorities of your city, district, state, country
3.3 You should be competent to operate the phone, Website, Application, smart phones and to understand the intent of the Application or the Services provided by BluDoc
The terms in this Clause 4 are applicable to Users
4.2 BluDoc may by its Services, collect information relating to the devices through which you access the Website and or Application, and anonymous data of your usage. The collected information will be used only for improving the quality of BluDoc services and to build new services.
4.3 The Website and or Application allows BluDoc to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better services and for obtaining feedback in relation to our Services
4.6 BluDoc 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 BluDoc or to any other person acting on behalf of BluDoc.
4.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website and or Application. 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 BluDoc of any actual or suspected unauthorized use of the User’s account or password. Although BluDoc will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BluDoc or such other parties as the case may be, due to any unauthorized use of your account.
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 BluDoc has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BluDoc has the right to discontinue the Services to the User at its sole discretion.
4.9 BluDoc may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
4.10 Without our prior written approval, you cannot transfer the account to any other third party.
4.11 You will not create an account for anyone other than yourself without permission and you will not create more than one personal account. And if BluDoc disabled your account, you will not create another one without our permission or BluDoc hold the right to delete it again, restricted to, report it to save the company’s interest
4.12 Although BluDoc will not be liable for any kind of your losses caused by any unauthorized use of your account, you may be liable for the losses of BluDoc or others due to such unauthorized use.
4.13 BluDoc may disable your account if BluDoc reasonably believes that you use this account to carry out any illegal activities.
4.14 BluDoc values your privacy and agree not to disclose or provide to a third party with your registered information or any non-public content, which may be collected when you use our service unless we get your prior approval or we are requested to disclose by a competent authority under applicable laws or regulations.
4.16 Notwithstanding the foregoing, BluDoc may disclose your registered information to our affiliated companies for data analysis from commercial perspective or disclose your registered information to our partner if such partner agrees to protect the information in the way BluDoc does.
4.17 BluDoc may use your information in the app for the rankings and search criteria or preferences and may exhibit them for others to see.
4.18 BluDoc may exhibit the photos you choose to upload from Instagram and or Facebook or from your gallery which you choose in your personal profile of BluDoc and You can cancel the uploading and exhibiting anytime.
4.19 When you register our app, you agree that we can send you our updates and promotional messages. If you don’t want to receive them anymore, you can send us email to firstname.lastname@example.org
4.20 In future, If you purchase a product or service from us, we and/or our third-party payment processors may also collect your payment information.
4.21 Information obtained from third parties. You may give us permission to collect your information from services provided by third parties. For example, you may connect a social networking service (“SNS”) such as Facebook and or Instagram or Twitter to your account opened with us (in future). When you do this, it allows us to obtain information from those accounts (for example, your profile picture, name, age, date of birth, gender, uploaded pictures, friends or contacts etc).
4.22 Payment Information. Making an in-app purchase may require you to share personal identification information with us. In this case, we do not actively collect any of your payment information, and we do not send or share the information to any third party. If any private information is shared through Google Play during purchases, it is stored and secured by Google. We only receive the payment information that Google share to us, or any third party partnered with us which we store as a record of the transaction on our end, and only use for optimize our product experience.
4.23 If users violate laws, regulations and platform rules, after receiving the report, the platform may submit some voice records and/or text message as the basis for content audit and investigation.
4.24 Following is the list of information collected in the Application by the Users Name-For addressing user as an individual Personal Mail Id- for registering with BluDoc Application Personal Mobile number- To individualize the usage to the owner of the mobile number and your phone Medical/Dental/ any equivalent Registration Number- To Validate and authenticate as a Registered Practitioners, Specialty or Designation- to define your specialty and let the patient know your specialty on letter head Under-graduation details- To Validate and authenticate as a Doctor or Health care service provider Post-graduation details- To Validate and authenticate as a Doctor or Health care service provider Additional qualification details- To Validate and authenticate as a Doctor or Health care service provider Contact number on letter head- to help patient contact you back. This information will be available on your e-letter head and prescription Mail ID for letter head- to help patient contact you back. This information will be available on your e-letter head and prescription Working days- to help patient know the working days Visit Hours- to help patient know the visiting hours of you Closed day- to help patient know the Closed day Logo of your brand- to help patient know the you by a brand and logo Clinic or Hospital or Institute name- to help patient know the you by a brand and Name Address of clinic or hospital or Institute- to help patient know the address where you practice Digital Signature- This will be present at every end of prescription made through BluDoc
5. RELEVANCE ALGORITHM
5.1 Whenever the registered Doctor or Health care provider or Practitioners wishes to prescribe their patients though BluDoc Application these information will be processed and seen over the e-letter head format along with prescription
5.2 To make the task easier and time saving We have pre fed the information with in context of the prescribing medication as per their dosages and duration and frequency through our AI systems as per medical guidelines. But we strictly advice the Doctors that this is just pre fed information and this shouldn’t be used as a guideline or declaration or advice from Us for the Doctors to prescribe theses dosages to their patients. However these fields are entirely editable and should be rechecked and edited if required from Your side. BluDoc Shall not be held responsible for any kind of complication or negligence committed by the Doctor or Health care provider while prescribing medications . We advise Users to recheck the dosages, frequency before approval and sending the prescription file to patients. BluDoc further clarifies and this is also agreed upon but the Users using Our Website or Application that any complication, negligence while prescribing, or wrong information provided or any loss of any kind to the patient or the Doctor, We shall not be held responsible for such acts. It is entirely User’s responsibility. BluDoc is not liable in any manner for any consequence whatsoever arising out of any use of the information published in the Website or Application.
6. LISTING CONTENT AND DISSEMINATING INFORMATION
6.1 BluDoc collects, directly or indirectly, and displays on the Website and or Application, relevant information regarding the profile and practice of the Practitioners listed on the Website and or Application, such as their specialization, qualification, visiting hours, and similar details. BluDoc takes reasonable efforts to ensure that such information is updated at frequent intervals. Although BluDoc screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
6.2 The Services provided by BluDoc or any of its licensors or service providers are provided on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). BluDoc does not provide or make any representation, warranty or guarantee, express or implied about the Website and or Application or the Services. BluDoc does not guarantee the accuracy or completeness of any content or information provided by Users on the Website and or Application. To the fullest extent permitted by law, BluDoc disclaims all liability arising out of the User’s use or reliance upon the Website and or Application, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website and or Application, or any opinion or suggestion given or expressed by BluDoc or any User in relation to any User or services provided by such User.
6.3 The Website and or Application may be linked to the Website and or Application of third parties, affiliates and business partners. BluDoc has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Website and or Applications or made available by/through our Website and or Application. Inclusion of any link on the Website and or Application does not imply that BluDoc endorses the linked site. User may use the links and these services at User’s own risk.
6.4 BluDoc 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 and or Application or the downloading of any material, data, text, images, video content, or audio content from the Website and or Application. If a User is dissatisfied with the Website and or Application, User’s sole remedy is to discontinue using the Website and or Application.
6.5 If BluDoc determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, BluDoc reserves the right to immediately suspend your access to the Website and or Application or any of your accounts with BluDoc and makes such declaration on the Website and or Application alongside your name/your clinic’s name as determined by BluDoc for the protection of its business and in the interests of Users. You shall be liable to indemnify BluDoc for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected BluDoc or its Users.
7. NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
7.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website and or Application (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between BluDoc and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
7.2 It is hereby expressly clarified that, the Information that you obtain or receive from BluDoc, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website and or Application is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website and or Application. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
7.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
8. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
8.1 The contents listed on the Website and or Application are (i) User generated content, or (ii) belong to BluDoc. The information that is collected by BluDoc directly or indirectly from the Users and the Practitioners shall belong to BluDoc. Copying of the copyrighted content published by BluDoc on the Website and or Application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and BluDoc reserves its rights under applicable law accordingly.
8.2 BluDoc authorizes the User to view and access the content available on or from the Website and or Application solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website and or Application, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website and or Application (collectively, “BluDoc Content”), are the property of BluDoc and LikesBy Venture Pvt Ltd. and are protected under copyright, trademark and other laws. User shall not modify the BluDoc Content or reproduce, display, publicly perform, distribute, or otherwise use the BluDoc Content in any way for any public or commercial purpose or for personal gain. Violation in any form causing monetary loss, financial loss, strategic loss, Social loss, Dignity loss including but not limited to shall be liable to pay LikesBy Ventures a sum of 2,500,000 /- as amount of compensation
8.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
9. INTELLECTUAL PROPERTY
9.1 All text, data, images, graphics, audio and/or video information and other materials produced when using our app or service are property of BluDoc and are protected by copyright, trademark and/or other property rights laws. Nothing in this Agreement shall be construed as conferring you any license of any intellectual property rights or such materials.
9.2 You are prohibited from copying, displaying, downloading, modifying, reproducing or creating any derivative works of such materials, directly or indirectly published, performed, rewritten or republished for performance or distribution purposes, or otherwise used for commercial purposes without prior written consent from us.
9.3 BluDoc shall not be liable for any loss or damage incurred by you when using BluDoc or service or incurred by systematic problem.
9.4 Any intellectual property rights of any software, works (including but not limited to, any images, photos, animations, video recordings, audio recordings, music, text, add-on programs and supplementary material) belonging to any third party shall not be infringed. You cannot reverse engineer, decompile or disassemble such software or works without the prior permission of the copyright holder.
9.5 The content on your recorded short videos on BluDoc, and the trademarks, service marks and logos (hereinafter referred to as “Marks”) in the videos, are owned by or licensed to BluDoc, subject to applicable copyright law and other intellectual property law.
9.6 You hereby grant BluDoc a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit and perform the videos in connection with the Service, which is perpetual and irrevocable.
9.7 Ownership: Platform Materials. All rights, title and interest in and to all materials that are part of the Services (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) with the exception of UGC (collectively, the “Platform Materials”), are, as between the Company and you, owned by the Company and/or its third party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading the Platform Materials or by purchasing any Virtual Currency or Virtual Items. You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Platform Materials without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Services or by accessing any Platform Materials posted on the Services by the Company, or any derivative works thereof. All rights not expressly granted by this Agreement are reserved by the Company and its licensors, and no license is granted hereunder by estoppel, implication or otherwise. You represent and warrant that your UGC is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in this Agreement without the Company incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of your UGC is your sole responsibility and the Company is not responsible for any material that you (and other users) upload, post, or otherwise make available. By uploading, distributing, transmitting or otherwise using your UGC with the Services, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sub-licensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your UGC in connection with operating, providing and promoting the Services. The Company does not guarantee the accuracy, quality, or integrity of any UGC appeared on the Services. By using the Services you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that the Company will not under any circumstances be liable for any UGC, including, but not limited to, errors in any UGC, or any loss or damage incurred by use of such UGC. The Company reserves the right to remove and permanently delete your UGC from the Services with or without notice for any reason or no reason. You may notify the Company of any UGC that you believe violates this Agreement, or other inappropriate user behavior, by reporting to our customer service.
9.8 Copyright Complaints- If you believe that your work has been copied in a way that constitutes copyright infringement, you should notify us of your infringement claim in accordance with the procedure set forth below. The Company will process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to our copyright complaint email address at email@example.com by properly mentioning the subject of concern. To be effective, the notification must be in writing, in the English language, and contain the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
b. a description of the copyrighted work that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it efficiently;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
9.9 Counter-Notification: If you believe that your UGC that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your UGC, you may send a written counter-notification containing the following information to our copyright complaint email address:
a. your physical or electronic signature;
b. identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
c. a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
d. your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the laws of INDIA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
9.10 For any official and jurisdictional and any other matter also not mentioned herein all shall be held in Nagpur court for (judicial only) or LikesBy Ventures registered head office ad and when applicable
10.1 BluDoc, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. BluDoc reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website and or Application in connection with you and your profile is found to be incorrect, you are required to inform BluDoc immediately to enable BluDoc to make the necessary amendments.
10.2 BluDoc shall not be liable and responsible for the ranking of the Practitioners on external Website and or Applications and search engines
10.4 BluDoc reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website and or Application. However, BluDoc shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website and or Application.
10.5 Practitioners explicitly agree that BluDoc reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
10.6 You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and BluDoc accepts no liability for the same.
11. LIMITATION OF LIABILITY AND INDEMNITY
11.1 To the fullest extent permitted by law, in no event shall BluDoc, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any of the following, i errors, mistakes, or inaccuracies of what you produce on BluDoc or other social media, ii personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, iii any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, if any interruption or cessation of transmission to or from our services, v any bugs, viruses, trojan horses, or the BluDoc, which may be transmitted to or through our services by any third party, and/or vi any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not BluDoc is advised of the possibility of such damages. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless towards BluDoc, its parent corporation, subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: i your use of and access to use any and all functions provided by BluDoc; ii your violation of any term of the Agreement; iii your violation of any third party right, including without limitation any copyright, property, or privacy right; or iv any claim that your videos caused damage to a third party. This defense and indemnification obligation will survive the Agreement and your use of the Service.
11.2 In no event, including but not limited to negligence, shall BluDoc, 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 and or Application or the content, materials and functions related thereto, the Services, User’s provision of information via the Website and or Application, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for: provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website and or Application; any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website and or Application; any unauthorized access to or alteration of your transmissions or data; or any other matter relating to the Website and or Application or the Service.
11.3 In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website and or Application or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
12. REVIEWS AND FEEDBACK
12.2 You are solely responsible for the content that you choose to submit for publication on the Website and or Application, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of BluDoc in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. BluDoc disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. BluDoc shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
12.3 Your publication of reviews and feedback on the Website and or Application is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website and or Application that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. BluDoc, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that BluDoc may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of: Obtaining feedback in relation to Website and or Application or BluDoc’s services; and/or Obtaining feedback in relation to any Practitioners listed on the Website and or Application; and/or Resolving any complaints, information, or queries by Practitioners regarding your Critical Content; and you agree to provide your fullest co-operation further to such communication by BluDoc. BluDoc’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
13. RECORDS OR HISTORY
13.2 Your Records is only created after you have signed up and explicitly accepted these Terms.
13.3 Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and BluDoc does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record or prescription Record or History in any manner.
13.4 The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, BluDoc is not liable for any interruption that may be caused to your access of the Services.
13.5 The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by BluDoc, you should refer to your prescription before taking any medicines. BluDoc is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the BluDoc app.
13.6 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Records or History will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. BluDoc is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with BluDoc.
13.7 BluDoc uses industryâ€“level security and encryption to your History. However, BluDoc does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform BluDoc of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to firstname.lastname@example.org
13.8 If you access your dependents’ Records by registering your dependents with your own Records, you are deemed to be responsible for the Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. BluDoc assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify BluDoc and its officers against any such claim or liability arising out of unauthorized use of such information.
13.9 In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Records will be deleted, and your Records stored by Us will continue to be stored in their respective accounts.
13.10 You may lose your “User created” record, if the data is not synced with the server.
13.11 If the Record is unassessed for a stipulated time, you may not be able to access your Records due to security reasons.
13.12 BluDoc is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
13.13 The Records are shared with the phone numbers that are provided by You. BluDoc is not responsible for adding the Records with incorrect numbers if those incorrect numbers are provided by User.
13.14 BluDoc is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Records whatsoever. You are solely responsible and liable for your Records and any information provided to us including but not limited to the content in them.
13.15 BluDoc has the ability in its sole discretion to retract Records without any prior notice if they are found to be shared incorrectly or inadvertently.
13.16 BluDoc will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Records for any reason.
13.17 You agree and acknowledge that BluDoc may need to access the Record for cases such as any technical or operational issue of the User in access or ownership of the Records.
13.18 You acknowledge that the User who may engage BluDoc’s software or third party software for the purposes of the functioning and intent of the Application and BluDoc’s services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws. The Practitioner is absolutely and expressly prohibited to: Post or suggest or prescribe any response which comprises of any derogatory language, objectionable, pornographic and /or offensive content; Advertise any brand of drugs, supplements, vaccines and medications, in any manner of whatsoever; Advertise to/solicit patients in any manner including without limitation by way of using social media handles, including without limitation, Facebook, twitter etc., telephone/ mobile numbers, YouTube, and address; Promote content and activities which are illegal in nature; In the event of any breach, BluDoc will take appropriate action inter alia ranging from issuing warnings to removal of Practitioner or User from the BluDoc System, in its sole and absolute discretion, on a case to case basis.
13.19 All general BluDoc Terms and Conditions shall govern. Decision of BluDoc is final and binding on the issues arising under circumstances
14. PROFILE OWNERSHIP AND EDITING RIGHTS
14.1 BluDoc ensures easy access to the Practitioners by providing a tool to update your profile information. BluDoc reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, BluDoc takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using BluDoc’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, BluDoc may modify or delete parts of your profile information at its sole discretion with or without notice to you.
15. REVIEWS AND FEEDBACK DISPLAY RIGHTS OF BLUDOC
15.1 All Critical Content is content created by the Users of www.BluDoc.com (“Website and or Application”) and the clients of BluDoc customers and Practitioners, including the End-Users. As a platform, BluDoc does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of BluDoc and other legal rights and obligations relating to the Critical Content are further detailed in this document. BluDoc’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
15.2 BluDoc reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website and or Application.
15.3 BluDoc shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
15.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. BluDoc shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. BluDoc however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in herein.
15.5 BluDoc will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website and or Application shall be applicable mutatis mutandis in relation to Critical Content posted on the Website and or Application.
15.6 If BluDoc determines that you have provided inaccurate information or enabled fraudulent feedback, BluDoc reserves the right to immediately suspend any of your accounts with BluDoc and makes such declaration on the Website and or Application alongside your name/your clinics name as determined by BluDoc for the protection of its business and in the interests of Users.
16. RELEVANCE ALGORITHM
16.1 BluDoc has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. BluDoc shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.
17. INDEPENDENT SERVICES
17.1 Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by BluDoc.
18. BLUDOC REACH RIGHTS
18.1 BluDoc reserves the rights to display sponsored ads on the Website and or Application. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, BluDoc will not be liable for the accuracy of information or the claims made in the Sponsored ads. BluDoc does not encourage the Users to visit the Sponsored ads page or to avail any services from them. BluDoc will not be liable for the services of the providers of the Sponsored ads.
18.2 You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and BluDoc accepts no liability for the same.
19. PRACTITIONER UNDERTAKING
19.1 The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
20. USAGE IN PROMOTIONAL & MARKETING MATERIALS
20.1 In recognition of the various offerings and services provided by BluDoc to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow BluDoc to include a brief description of the services provided to Practitioner in BluDoc’s marketing, promotional and advertising materials; (b) allow BluDoc to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to BluDoc’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.
21. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
21.1 As mandated by Regulation 3(2) of the IG Rules, BluDoc hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that: belongs to another person and to which the User does not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defenses, 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.
21.2 Users are also prohibited from: violating or attempting to violate the integrity or security of the Website and or Application or any BluDoc Content; transmitting any information (including job posts, messages and hyperlinks) on or through the Website and or Application that is disruptive or competitive to the provision of Services by BluDoc; intentionally submitting on the Website and or Application any incomplete, false or inaccurate information; making any unsolicited communications to other Users; using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website and or Application; attempting to decipher, decompile, disassemble or reverse engineer any part of the Website and or Application; copying or duplicating in any manner any of the BluDoc Content or other information available from the Website and or Application; framing or hot linking or deep linking any BluDoc Content. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
21.3 BluDoc, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses. BluDoc shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
21.5 BluDoc may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit BluDoc to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by BluDoc as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between BluDoc or any person on its behalf and the User or where the User has consented to data transfer.
21.6 BluDoc respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
22.1 BluDoc reserves the right to suspend or terminate a User’s access to the Website and or Application and the Services with or without notice and to exercise any other remedy available under law, in cases where, Such User breaches any terms and conditions of the Agreement; A third party reports violation of any of its right as a result of your use of the Services; BluDoc is unable to verify or authenticate any information provide to BluDoc by a User; BluDoc has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or BluDoc believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for BluDoc or are contrary to the interests of the Website and or Application.
22.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website and or Application 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 and or Application by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
23. RETENTION AND REMOVAL
23.1 BluDoc may retain such information collected from Users from its Website and or Application or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
24. APPLICABLE LAW AND DISPUTE SETTLEMENT
24.1 You agree that this Agreement and any contractual obligation between BluDoc and User will be governed by the laws of India.
24.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website and or Application or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by BluDoc. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Nagpur, Maharashtra, India . All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
24.3 Subject to the above Clause 24.2, the courts at Nagpur shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website and or Application or the Services or the information to which it gives access.
25. CONTACT INFORMATION GRIEVANCE OFFICER
25.1 If a User has any questions concerning BluDoc, the Website and or Application, this Agreement, the Services, or anything related to any of the foregoing, BluDoc customer support can be reached at the following email address: email@example.com
25.2In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website and or Application or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: Name: Mr. Sandeep Khandaitkar BluDoc- LikesBy Ventures Pvt Ltd Phone: 9766992263 Email: firstname.lastname@example.org
26.1 If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal. The point of legal preceding shall be done in Nagpur, Maharashtra, India and nowhere else.
27.1 No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by BluDoc. Any consent by BluDoc to, or a waiver by BluDoc of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
28. NATURE AND APPLICABILITY OF TERMS
28.1 Please go through these BluDoc Terms carefully before you decide to avail the any Service facilitated by BluDoc on its Website and or Application. This constitute a legal agreement between You and BluDoc. The Standard Policies and the BluDoc are to be read in connection with Your visit to the Website and or Application and Your use of the Service respectively. To the extent of any inconsistency between the Standard Policies and the BluDoc terms herein, the BluDoc terms and declaration at that point in time shall be prevail.
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