Terms & CONDITIONS FOR USE OF SERVICES THROUGH Dello+
Effective Date / Date Last Updated: July 09, 2021
Welcome to Dello+
The Dello+ brand and the suite of Mobile and Web Applications are the intellectual property of Teakshed Pvt. Ltd, having its Registered Office at 25A, 6th Cross, Emerald Enclave, Anagahalli, Belagola – 571606, Karnataka, India.
This Suite of mobile and web application represented and/or marketed through the website (www.Delloplus.com) or other platforms or modes, relates to Dello+. The Dello+ Mobile App shall be known, in short, as Dello+. The Dello+ facilitates usage by different stakeholders (patients, medical practitioners with the regulatory bodies concerned, their authorised staff registered with Dello+) for seamless provision of services between the consulting doctor (as defined in clause 1.10) and the patient.
DEFINITIONS
As used in the Agreement, these terms shall have the following definitions:
“Agreement” means collectively (i) these Terms and Conditions, and (ii) the Software License Agreement.
“Disclosing Party” means the Party disclosing or communicating or making available, directly or indirectly any Confidential Information relating to itself, to the Recipient Party.
“Effective Date” means the date indicated as the Effective Date in Section 1 of the Software License Agreement.
“Licensed Software” means the software identified as the Licensed Software in the Software License Agreement, including all Updates and Upgrades provided in accordance with the provisions given below.
“Licensee” means the party identified as the Licensee in the Software License Agreement.
“Licensee Products” means those software products of Licensee, if any, that incorporate the Licensed Software.
“Person” shall mean and include individual, corporation, company, partnership or any other form of legal entity.
“Receiving Party” means the Party to whom the Confidential Information of the Disclosing Party is made available or disclosed or communicated, directly or indirectly.
“Representatives” include employees, directors, partners, agents, representatives, retainers, advisers or staff members, and other representatives by whatever name called.
“Software” means software and applications designed for healthcare and data management and analytics through use of Artificial Intelligence, Machine Learning, Data Science, and other associated technologies.
“Software License Agreement” means the particular Software License Agreement to which these Terms and Conditions are attached and incorporated into by reference.
“Third Party” shall mean any and all Persons except the Parties to this Agreement.
“Non-empanelled Doctor Directory” shall mean the directory of doctors not yet empanelled with Dello+ but whose names and telephone numbers have been obtained from openly available sources and verified as on date of publication of these T&C.
“Updates” and “Upgrades” include all updates, extensions, enhancements, modifications, and other changes made by Dello+.
1. General Terms
These Terms and Conditions constitute a legally binding Agreement made between you, whether personally or on behalf of an entity and Dello+ (the Company) regarding your access and use of the Dello+ and Dello+ website as well as any other media platform, channel, website or mobile application related, linked or otherwise ed thereto, collectively known as Suite.
You agree that by accessing the site, you have read, understood, and agreed to be bound by all of these terms and conditions. If you do not agree with all or any of these terms and conditions, you are expressly prohibited from using the Suite and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Suite from time to time are hereby expressly incorporated herein by reference. The Company reserves the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
Alerts about the changes to these Terms and Conditions are given by updating the last updated date of these Terms and Conditions, and you waive any claim to receive any specific notice of each such change.
It is your responsibility to periodically visit these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the suite after the date such revised Terms and Conditions are posted.
The information provided on the Suite is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Suite from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Dello+ is for use by natural or legal persons and not by robots or bots or other automated entities. The stakeholders in the use of this Dello+ are users who are using the services facilitated through Dello+ / www.Delloplus.com, the participating doctors who are using Dello+ to provide services and the participating patients.
The term USER will variously and contextually mean the participating patients, doctors, authorised staff of doctors and the patients’ like caregivers and health workers.
The COMPANY will be used to denote the Dello+ / www.Delloplus.com and the word doctor indicates the medical practitioner who is using the services of the Company and the word patient or customer will mean the user who is seeking the medical services, which includes successors, assigns, administrators and representatives.
The Dello+ refers to the mobile / web-based platform of Dello+ relating to provision of medical services online.
These Terms are to be read in conjunction with privacy policy and other regulations, policies, as applicable from time to time.
These Terms and Conditions and amendments thereto are available on the Dello+ and constitute the terms and conditions for use of services / products available through the Dello+.
“You” and “your” will variously mean the participating doctors, patients, and such other authorised staff, as per the context.
“We”, “us”, “our”, “COMPANY” or “Dello+”, shall mean Dello+ / Dello+.
Please be informed that the terms and conditions are to be read and understood before availing the services so made available.
Use of Dello+ is construed to imply that you have read and understood the terms and conditions applicable to the Dello+ and agree to abide by the same in totality. If you, at any time, feel that the terms and conditions are not acceptable, you should at once cease all and every use of the Dello+.By accessing the Dello+ and / or using the services available through the Dello+, you agree to be legally bound by all the terms and conditions, policies, instructions provided on the Dello+ and it is construed as a consent. It is also agreed by you that
(a) You are above 18 years of age;
(b) You are capable of entering into a legally binding agreement;
(c) You are not barred or otherwise legally prohibited from accessing or using Dello+ under the laws of India and any other country where you use Dello+.
1.19 The use of our services is a confirmation of your agreement to comply with the terms and conditions. It is understood that use of the Dello+ on each instance is considered as your consent for all the terms and conditions for the use of Dello+ or any page or the terms and conditions associated with any product or service offered through Dello+. By accessing the Dello+, you agree to the entirety of terms and conditions and all associated content, information, recommendations and / or services provided to you through Dello+. You are not to use the services on offer if you are not in agreement with any part or the whole of the terms and conditions mentioned herein. If you continue to use the Dello+ even after being in disagreement in full or with any part of the terms and conditions, your consent to the totality of the terms and conditions is construed as consent.
1.20 The terms and conditions are liable to be amended from time to time and you are expected to revisit this agreement periodically to know the latest terms and conditions.2. Use of Dello+
2.1 If at any time it is found that you are in non-compliance with relevant / applicable laws, rules, and regulations including RBI guidelines and those issued by other regulatory bodies from time to time, or the Terms and Conditions of this Agreement, the Company has the right to deny your access to the Dello+ or services provided through the Dello+.
2.2 The Company may process, utilise, transfer any data / information to the extent it is necessary to provide the services as per this Agreement and the Dello+ policy.
2.3 The Company retains the right to remove the details or information pertaining to any USER at any time if the USER concerned is found to be in violation of the terms and conditions or any relevant laws.
2.4 The Company uses cookies for different purposes and by accessing the Dello+ you consent to the same.
2.5 All registration information you submit will be true, accurate, current, and complete.
2.6 You will maintain the accuracy of such information and promptly update such registration information as necessary.
2.7 You have the legal capacity and you agree to comply with these Terms and Conditions.
2.8 You are not a minor in the jurisdiction in which you reside.
2.9 If you provide any information that is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Suite (or any portion thereof).
2.10 You agree to keep your password confidential and will be responsible for all use of your account, password and transactions. The Company reserves the right to remove, reclaim or change a username you select if we determine in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.
3. Services
3.1 You will be required to create an account by registration on the Dello+, providing the necessary details to enable you to use Dello+. Completing the registration process may require filling of a form with details like name, age, date of birth, address, mobile number, email id, etc. It is understood by all the stakeholders that the Company will rely on such information provided by you and the services provided through the use of the Dello+ by various stakeholders will depend on the accuracy and currency of such information. You hereby provide warranty that every and all.information provided by you in the process of registration or use of the Dello+ is true and accurate.
3.2 The Company facilitates provision of services through the Dello+ to the USERs to avail the prescribed medical services subject to existing laws and regulations including the territorial jurisdiction. However, the Company shall not be liable or certify the validity or endorse or approve any information or content posted by the USERs on Dello+ platform or by other stakeholders. Each stakeholder is responsible for the content posted / uploaded by him and such stakeholder indemnifies the Company from any liability resulting from posting of such content.
3.3 The Company relies on the information provided by the stakeholders with regard to the procedures, protocols, framework, methods, tools, equipments and other material mentioned, laid down by the regulators, legal bodies, OEMs etc.
3.4 The Company reserves the right to add or withdraw services / products, activate or deactivate any offers and promotions on the services / procedures / products facilitated through the Dello+ at any time.
3.5 The Company does not deal with any of the user’s clients or patients managed by the user through the Dello+ other than providing the agreed services.
3.6 You understand and accept, by using the Dello+ that:
The Company only provides choices / options in terms of participating stakeholders and does not recommend or endorse any procedures, protocols, framework, methods, tools, equipments and other material mentioned on the Dello+.
The Company does not make any warranties or assurances or certifications or endorsements with respect to the quality of service / processes / products provided by the participating doctors / consultants.
You shall be responsible to verify the credentials and choosing the services / processes / products made available through Dello+.
The Company is not and shall not be held responsible for the delays in delivery of services or deficiency in services, as the same is a matter between the participating doctor and the user.
The Company only facilitates digital platform to the participating users through Dello+ and does not deal with any of the USER’s clients or patients managed by the USER through the Dello+ other than providing the agreed services / products through the Dello+. Dello+ does not circulate or distribute data to external agencies.
The stakeholders agree to use the Dello+ and the content provided therein exclusively as per the terms of use and the applicable laws within the relevant jurisdictions.
Each individual SERVICE PROVIDER / PRODUCT SUPPLIER may have his own terms and conditions of his service / product which may be uploaded / reflected / posted on the Dello+ and the individual SERVICE PROVIDER / PRODUCT SUPPLIER will be responsible for the accuracy, quality, processes, adequacy and currency of the content, services / products provided thereon and the legality thereof and Dello+ is not responsible for the same.
The stakeholders are granted access to the Dello+ exclusively as per the terms of use within the provisions of Indian Contract Act, Information Technology Act and Rules made thereunder or regulations , policies etc on the subject.
The USERS shall not access the Dello+ for the purpose of marketing, business analytics, benchmarking, examination of performance or functionality or competitive purposes.
10.The Company will take all necessary steps including security standards and protocols to make the services / products available without breakdown except for planned and informed downtime or unavailability caused by the circumstances beyond the reasonable control / force majeure including acts of God, fire, earthquake, storm, flood, civil unrest, acts of terror, labour unrest, sudden change in government policy and government orders with unpreventable outcomes etc.
11.The Company may at its sole discretion deny access to or suspend USER’s use or access to the Dello+ anytime to facilitate investigation of complaints or alleged violations of the terms of use or for any legal reason.
12.The Company may, at its discretion, edit the profile of participating stakeholders only to the extent of making them suitable for ease of search on the Dello+. Should any USER find inaccuracies or wishes to get the information deleted from the Dello+, the Company may be contacted on _______________ (phone) or _____________ (email) or contact us / support section on www.Delloplus.com / Dello+ for necessary action. The Company takes no responsibility in this regard till the matter is reported by the concerned user. The Company may seek additional documents, if necessary.
13.The Company only provides a platform and the users agree that the services provided by the Company shall not be relied upon for any emergency purposes and Company does not take any liability if failing to meet emergency medical services or requirements.
14.The Company endeavours to ensure the accuracy, completeness or currency of the information based on the details provided by the stakeholders. Each stakeholder is responsible to provide current, complete requirements as necessitated by regulations.
15.The Company provides platform to facilitates the patient to opt for a given doctor and the services made available through Dello+.
16.The Company does not recommend any specific doctor and the choice of doctor is entirely upto the patient.
17.The patient and the consulting doctor will have the option of downloading and / or printing the report. The Company is not responsible for delivery of physical copy of the report.
18.A patient may consult through a care-giver who needs to be a major or a health worker or another Registered Medical Practitioner.
19.Patient may discontinue tele-consult at any stage.
4. Obligations of Participating Doctors
4.1 Use of the Dello+ platform by the participating doctors is required to conform to the regulations on telemedicine.
4.2 Participating Doctor is required to observe the existing regulations on professional ethics, data privacy and confidentiality.
4.3 The participating Doctor must provide his particulars, registration number, telephone number and address.
4.4 RMP shall not
(i) insist on tele-medicine if the patient is willing to go for in-person consult;
(ii) misuse patient’s data including posting on social media;
(iii) solicit patients for tele-medicine through advertisement or inducement.
4.5 Patient (care-giver or healthcare worker and RMP, if any) and consulting doctor must identify themselves.
4.6 In case of minor or incapacitated patient, care-giver who is ordinarily a family member or healthcare worker consulting the doctor must clearly identify himself and the patient and the doctor specifically conforms that they have the authority whether implied or agreed.
4.7 If physical examination is considered critical, the RMP may recommend
(i) Video consultation (if not on video);
(ii) Examination by other RMP / health worker;
(iii) In-person consultation.
4.8 Maintain documents as required.
4.9 May provide health education and / or counselling.
4.10 Medical prescription is done by the consulting doctor as if it is an in- person consult.
4.11 Prescription of following medicines is prohibited:
(i) Medicines in the prohibit list;
(ii) Schedule “x” of Drugs and Cosmetics Act and Rules;
(iii) Narcotics and Psychotropics Substances listed in the Narcotic Drugs and Psychotropics Substances Act.
4.12 Medical prescription shall be as per Annexure-II of the Telemedicine Guidelines.
4.13 Photo, digital copy of a signed prescription or e-prescription be made available to the patient.
4.14 RMP to obtain explicit consent from the patient in case of direct transfer of prescription to the pharmacy or lab of the patient’s choice.
4.15 RMP has the option to stop the telemedicine at any stage by recommending the patient for an in-person consult.
5. Fees, Taxes & Payments
5.1 The Dello+ may prompt the USER to access a third party payment gateway where he may be required to enter certain details like bank account number, credit card, debit card, etc. to facilitate digital payments, if any or the participating doctor may suggest another digital mode of payment. The terms and conditions of usage of third party payment gateway shall apply and Dello+ is not responsible for payment failure, payment refunds or any breaches.
5.2 The payment of fee is an agreement between the SERVICE PROVIDER and the USER and the Company may only facilitate the transactions to take place and to be recorded for accounting management. The reasonability or otherwise of the fees quoted or charged is a matter between the SERVICE PROVIDER and the USER and the Company has no role in that regard. Refund if any, made by the doctor at his discretion will be after deducting the service charges by the company
5.3 The USER agrees to pay the prescribed fees and applicable taxes by accessing specific pages pertaining to different services.
5.4 All fees shall be pre-paid electronically and non-transferable. However, the participating doctor may, at his discretion, allow transferability or refund and this is subject to mutual agreement between the patient and the doctor and Dello+ has no role in it.
5.5 The USER and the SERVICE PROVIDER are responsible for payment of all taxes, compliances as per extant regulations and reporting thereof and the Company takes no responsibility for any of the issues other than paying its own taxes.
5.6 The Company may provide the option for online payment through a third party payment gateway. The service is dependent on the third party concerned. The Company takes no responsibility for any loss or damage caused to the USER during the process of transaction through third party.
5.7 The Company may revise or modify the fee structure as per agreements with SERVICE PROVIDERs from time to time. Publication of revised / new fee structure shall be considered as part of the terms and conditions.
6. Cancellation and Refund Policy
6.1 There is no provision for cancellation of appointment after payment of fee. Reach out to your doctor to reschedule for another date or offer a credit note..
6.2 The Company takes no responsibility for refund as it is a matter between the USER and the SERVICE PROVIDER. However, the Company will facilitate use of Dello+ for necessary communication on the subject between the parties. Refund, if any, at the discretion of the doctor will be after deducting the service charges by the company.
6.3 Deficiency in amount paid may be rectified by paying the balance amount and intimating the subscriber concerned. Surplus amount may be claimed from the doctor directly. Dello+ will not entertain any communication in this regard.
6.4 Liability for payment made to the wrong doctor or posted against the record of a different doctor is that of the user and the platform has no responsibility.
7. Transferability of Rights to use the Services
7.1 The USER’s right to use the Services is not transferable. Any password or access granted to the USER for the Dello+ is not transferable. The Company may transfer, assign or delegate all or any part of the obligations to the group companies, partners and other stakeholders, as required. The USER shall be responsible for the security of password and other medium of access to the Dello+.
8. Emergency Situations
The services offered through the Dello+ must not be considered as a substitute for in-person emergency situation (as informed by the attending healthcare worker or the care giver or observed by the medical practitioner) medical care or medical advice, diagnosis or treatment The Company neither advocates nor asserts that the use of Dello+ substitutes for in-person professional medical advice, diagnosis, conduct of tests or treatment.
The medical practitioner attending to emergency tele-medicine call may at his discretion
(i) advise first-aid;
(ii) counselling;
(iii) facilitate referral.
8.3 In all cases of emergency the patient is advised interaction with a medical practitioner in-person at the earliest.
9. Collection, Processing and handling of Personal Information
9.1 The Mobile App / Website may have pages that will enable you to provide personal information which shall be dealt with as per the Privacy Policy of the Company. It is agreed that:
The Company follows the required information security standards and compliances from time to time to the extent of being PCI norms ready.
Collection, access to and handling of data may depend on different parameters and the Company assumes no liability to any delays or losses caused thereof.
The Company relies on the information provided by the different users and does not take responsibility of the personal or business information as to its accuracy, currency and adequacy.
The USER shall not share or openly display the OTP, password or access credentials to the Dello+ or services or products available through the Dello+ and the USER takes the responsibility for the same.
The Company retains its right to suspend or terminate a USER’s account at its sole discretion, if it is found or has reasonable grounds for suspicion that such information provided by the USER is false, inaccurate, incomplete or becomes false, inaccurate, not current or incomplete.
The Company may share the payment related information / transaction data with merchants / banks / third party providers / service providers as required for the purpose of operations, settlement of payment, processing and promoting company services or by the regulators and the law.
The Company may store information including bank account number and IFSC Code for the purpose of enabling payments.
The Company may, to meet the legal and regulatory requirements, through automatic means access your payment logs, correspondence, information / data. This information will help the Company on the request of the concerned user, legal bodies, regulators etc, to analyze the merchants, markets, technology, operating systems, browsers, devices, locations from / for which our Company services are used. The information collected also helps offer you other products, programs, our services including offers as provided by merchants or billers that we believe may be of interest to you or alert you in case of software compatibility issues.
The Company may through automatic means access your messages on your mobile device / mobile number and retrieve / use information from your messages to provide you with enhanced services within the scope of this Agreement. This access will not relate to other messages and platforms that are not related to Dello+.
10. You consent to the collection, storage and use of information for communications from or with the Company. The Company may on its own or through third parties send you mails, sms or communicate with you through other means for
(i) Providing you with Company pay services and transactional or account related information;
(ii) Sending you payment related reminders / updates;
(iii) Promoting Company services;
(iv) Promoting Group Company services;
(v) Promoting new products and services;
(vi) Investigating or solving any product or Company relating concerns including complaints;
(vii) Obtaining your invaluable feedback;
(viii) Obtaining data through service to understand your experience and your needs.
10. Do’s and Don’tsDo’s
10.1.1 You shall abide by the terms and conditions.
10.1.2 You agree to promptly and appropriately cooperate with the Company towards reasonable investigation of breaches, incidents or outages.
10.1.3 You agree to use the Dello+ for legal purposes only.The User is prohibited (Don’ts) from:
10.2.1 Violating or attempting to violate the integrity or security of the Dello+ / Website or any content thereon;
10.2.2 Sharing of password or access credentials of and through the Dello+;
10.2.3 Transmitting or posting any information that is incompatible with the provision of the services or disruptive or competitive in nature.
10.2.4 Intentionally submitting any incomplete, false or inaccurate information;
10.2.5 Making any unsolicited or undesirable communications with other Users;
10.2.6 Using any engine, software, tool, code, agent, device, process, mechanism like robots, bots, spiders, etc. to break into or to navigate or search the Dello+;
10.2.7 Attempting to decode, decipher, decompile, disassemble or reverse engineer any part of the Dello+ and shall not attempt to create a substitute or a similar service through use of or access to Dello+;
10.2.8 Copying, duplicating in any manner any of the content or other information available on the Dello+;
10.2.9 Conducting any systematic or automated data collection activities like scraping, mining, extraction, harvesting, etc.
10.2.10 Violating any local, state, national or international laws;
10.2.11 Using any actions to interfere, disrupt, hamper, halt, amend, diminish the proper functioning of the Dello+;
10.2.12 Gaining or attempting to gain unauthorized access to the Dello+ or services or products;
10.2.13 Creating accounts unauthorizedly for the services and products through automated means or cloning or social engineering;
Interfering with or disrupt the integrity, security or performance of Dello+;
Framing or hot-linking or deep-linking any Content;
Posting materials on any social media pages of the Dello+ or otherwise on social media, that are unlawful, illegal, fraudulent, libelous, slanderous, defamatory, abusive, harassing, obscene, threatening, blackmailing or infringing on the rights of any third-party, including intellectual property, privacy/confidentiality or publicity rights, or taking screen shots or screen sharing even during use of third party technology, software or Apps;
You are specifically agreeing not to
post any copyrighted, patented and trademark and third party content;
post any defamatory, pornographic, hateful or other unlawful material;
post any material harmful to minors or relating to money laundering or gambling;
impersonate any person or steal any access credentials; introduce any malware, virus, etc.
The above list is not exhaustive and is inclusive.
Any of the above prohibited acts by the USER may lead to suspension or denial of service by the Company in addition to other civil and criminal actions, as deemed appropriate.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 Unless otherwise indicated, the Suite is our proprietary property and all source codes, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws.
11.2 The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Suite and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
11.3 Provided that you are eligible to use the Suite, you are granted a limited license to access and use the Suite and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal use to achieve the objectives of this Agreement. We reserve all rights not expressly granted to you in and to the Suite, the Content and the Marks.
12. Liability
12.1 The Company shall not be responsible or liable to the Users for any losses, damages, injuries or expenses incurred by the Users as a result of any disclosures made by the Company, where the User has consented to the making of such disclosures.
12.2 The User further shall not hold the Company responsible or liable in any way for any disclosures by the Company in as much as it is in compliance of applicable laws, regulations and as per the Privacy Policy.
12.3 The Services provided by the Company and the other users on the platform or any of its licensors, members or SERVICE PROVIDERs are provided “as is”, as available, and without any warranties or conditions.
12.4 The Company does not provide any representation, warranty or guarantee, express or implied, about the Mobile App or Website or Services or Products on offer.
12.5 The Company does not verify any content or information provided by the stakeholders on the Dello+ / Website and to the fullest extent permitted by the law, disclaims all liability arising out of User’s reliance on the Mobile App, Website, the Services, the Content, etc.
12.6 The Company may link the Dello+ to the website of third parties, affiliates, partners, SERVICE PROVIDERs, etc. to enhance the experience of the USERs or provide additional services within the scope of this Agreement.
12.7 The Company has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such website or made available by / through the Dello+. Inclusion of any link on the Dello+ does not imply that the Company endorses the linked site. The User may use the links and these services thereof at one’s own risk.
12.8 The Company is not responsible for any charges or fees associated with financial transactions that occur on or through third party websites. The Company encourages the USERs to read the privacy statements and other instructions of every website that collects personally identifiable information.
12.9 The Company is not responsible for any damages to or viruses that may infect the USER’s equipment. The Company specifically recommends not to store personal data like card details on third party platforms.
12.10 The Company is not responsible for any damages or data loss or viruses that may infect the USER’s equipment.
12.11 In no event, the Company or any of its directors, officers, employees, agents or content or SERVICE PROVIDERs (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. Dello+ is not liable or responsible towards any wrong payments made by the users.
12.12 In no event shall the total aggregate liability of the protected entities to a USER for all damages, losses or causes of action arising from the terms and conditions or as USER’s use of the Dello+ or services or products, exceed in the aggregate subscription.12.13 In no event shall the protected entities be liable for failure on the part of the SERVICE PROVIDERs including the doctors to provide agreed services or to make provisions for carrying out the Services.
12.13 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 any doctors.
12.14 The listing of doctors and other SERVICE PROVIDERS on the Dello+ is based on numerous factors including the User’s declared information, comments, reviews and feedbacks from other Users.
12.15 In no event shall the protected entities be liable for the listing order or the display of a particular SERVICE PROVIDER on the Dello+.
12.16The listing of doctors, both empaneled and un-empaneled, and other SERVICE PROVIDERS on the Dello+ is based on numerous factors including but not limited to the User’s comments, reviews and feedbacks. Dello+ takes no responsibility on the accuracy or currency of the details mentioned
12.17 In no event shall the protected entities be liable for the listing order or the display of a particular SERVICE PROVIDER on the Dello+.
12.18 The use of Dello+ may take the USER to links to other websites, application or mobile applications on the Internet which are owned and operated by third parties. The Company is not responsible or liable for the content or operation of such third party application.
13. Indemnity
13.1 The User agrees to indemnify the Company and the protected entities from any and all third party claims, losses, liability, damages, and/or costs including attorney fees and costs arising from access to or use of Website, violation of the Terms of Use, or infringement by USER of any IP or other right of the Company or protected entities.
13.2 The Company will promptly notify any such occurrence of third party claim, loss, liability, or demand, and the USER agrees to provide us with reasonable assistance, at own expense, in defending any such a claim, loss, liability, damage, or cost.
13.3 Under no circumstances, the Company shall be liable for any defamatory, offensive or illegal conduct of any USER/customer. If any USER/customer is dissatisfied with any of the services provided by any of the doctors, the USER / customer may approach such doctor or discontinue using the Dello+ and the services and products provided / listed on the Dello+. However, Dello+ may facilitate through this platform the essential communication in this regard.
14. Term and Termination
14.1 The Terms and Conditions of Use / this Agreement will remain in full force and effect while the user is a USER of the services and products offered through the Dello+, in any form or capacity.
14.2 The Company reserves the right to terminate the access to the Dello+ and account of the USER, in case, including but not limited to:
A User breaches any terms and conditions of this Agreement
The Company is unable to verify or authenticate any information provided by the USER; or
The Company believes in its sole discretion that User’s actions may cause legal liability for such User or other Users or for the Company or are contrary to the interests of the Dello+.
14.3 The Company reserves the right to suspend, restrict or terminate the profile or account of the USER on the Dello+ without stating any reasons whatsoever. Similarly, the USER may remove own account from the Dello+ at any time. Such termination shall not release the USER from any liability or claim which at the time of termination has already accrued to it or which thereafter may accrue in respect of any act or omission prior to such termination or which has accrued in consequence of this clause.
14.4 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 Dello+ by such User.
14.5 The Company 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 Dello+ with or without ability to access the Dello+ and other Services, upon any breach by the User of these Terms and Conditions of Use / Agreement or if the Company is unable to verify or authenticate any information the User submits to the Company, or if the User fails to provide or after providing such consent, later revokes, the consents necessary or desirable for the Company to provide the Services to the User.
15. Severability
15.1 Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of that prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability, of that provision in any other jurisdiction.
16. Waiver
16.1 A waiver by the Company, whether express or implied, of any of the provisions of this Agreement or of any breach of or default by the USER in complying with any of those provisions shall not constitute a continuing waiver and that waiver shall not prevent the Company from subsequently enforcing any of the provisions of this Agreement not waived in writing or from acting on any subsequent breach of or default by the USER under any of the provisions of this Agreement.
17. Amendments, Changes & Modifications
17.1 This Agreement may be amended in whole or in part at the sole discretion of Dello+.
17.2 Neither party may assign its rights under this Agreement without the prior written consent of Dello+.
18. Entire Agreement
18.1 This Agreement constitutes the entire agreement between the parties and supersedes all previous negotiations, understandings and agreements, verbal or written with respect to any matters referred to in this Agreement except as specifically set out in this Agreement.
19. Dispute Resolution
19.1 The Terms of Use and other contractual obligations between the Company and User are subject to laws of India. The Courts in Mysuru and the High Court of Karnataka will have the sole jurisdiction.
19.2 All and any disputes relating to this Agreement will be subject to pre- trial mediation and thereafter negotiations, failing which Arbitration at Mysuru in English. The Arbitration shall be conducted by a Sole Arbitrator who shall be appointed by the Company in accordance with the provisions of the Arbitration and Conciliation Act, 1996 as amended from time to time.
19.3 Any legal notices or communications exchanged between the parties for this purpose shall be in the English language.
20. Acknowledgement
20.1 The parties acknowledge that they have read and understood these Terms and Conditions and agree to be bound by the same.
