HappyHippo Information Systems Private Limited (“talkadoc”) is the author and publisher of the internet resource www.talkadoc.com and the mobile application ‘talkadoc’ (together, “Website”). talkadoc owns and operates the services provided through the Website.
The Agreement applies to you whether you are –
A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be registered, or already registered, on the Website, including designated, authorised associates of such practitioners or institutions(“Practitioner(s)”, “you” or “User”); or
A patient, his/her representatives or affiliates, searching for Practitioners or registered through the Website (“End-User”, “you” or “User”); or
Otherwise a user of the Website (“you” or “User”).
This Agreement applies to those services made available by talkadoc on the Website to the Users (“Services”), including the following:
For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
For other Users: Facility to (I) create and maintain ‘Personal Health Portal’, (ii) Search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by talkadoc, and (iii) to make appointments with Practitioners, (iv) to engage with the practitioners and share their data.
The Services may change from time to time, at the sole discretion of talkadoc, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website 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.
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 following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
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 or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of Talkadoc.
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”).
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to talkadoc that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
3.1 PATIENT ACCOUNT AND DATA PRIVACY
3.1.2 talkadoc may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of talkadoc’s services and to build new services.
3.1.3 The Website allows talkadoc to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better service and for obtaining feedback in relation to the product.
The type of information collected from Users, including sensitive personal data or information;
The purpose, means and modes of usage of such information;
How and to whom Talkadoc will disclose such information; and,
Other information mandated by the SPI Rules.
the fact that certain information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the nature of collection and retention of the information; and
the name and address of the agency that is collecting the information and the agency that will retain the information; and
the various rights available to such Users in respect of such information.
3.1.6 talkadoc 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 talkadoc or to any other person acting on behalf of talkadoc.
3.1.7 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. 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 talkadoc of any actual or suspected unauthorized use of the User’s account or password. Although talkadoc will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of talkadoc or such other parties as the case may be, due to any unauthorized use of your account.
3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or talkadoc has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, talkadoc has the right to discontinue the Services to the User at its sole discretion.
3.1.9 talkadoc may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.1.10 Against every Practitioner listed on talkadoc.com, you may see a ‘show number’ or ‘make an appointment’ option. When you choose this option, you are required to login or register with talkadoc to make appointments or conduct any consultations as per the Practioner’s discretion. talkadoc accepts no liability if the facility is not used in accordance with the foregoing.
Your Personal Health Portal is only created after you have signed up and explicitly accepted these Terms.
Information available in your Health Account is of two types:
Patient-created: Information generated and uploaded by you.
Practice-created: Information generated by your interaction with a Practitioner who uses ‘talkadoc’ or other Services of software.
Any Practice created information is provided on an as-is basis and talkadoc 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 information in any manner.
The Personal Health Portal is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, talkadoc is not liable for any interruption that may be caused to your access of the Services.
The ‘SMS medication tracker’ or ‘push notifications on the app” provided by the Health Portal is only a supplementary way of reminding you to take your medication as prescribed by your doctor. You should refer to your prescription before taking any medicines. talkadoc is not liable if for any reason SMS 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 SMS medication Reminders, you can disable it in the settings under your Personal Health Portal otherwise, or log a support ticket in your Personal Health Portal.
It is your responsibility to keep your correct mobile number and email ID updated in the Health Portal. The records will be stored to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. talkadoc is not responsible for any loss or inconvenience caused due to your not updating your contact details for the Health Portal.
talkadoc uses industry–level security and encryption to your Health Portal. However, talkadoc cannot guarantee unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to firstname.lastname@example.org.
In case you want to delete your Health account, you can do so by accessing ‘Profile’ from within your account. This will ensure that your account and any associated records will be deleted from the Health Account. This will however not delete your records stored by your doctor(s) and Practitioners.
3.2 LISTING CONTENT AND DISSEMINATING INFORMATION
3.2.1 talkadoc collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. talkadoc takes reasonable efforts to ensure that such information is updated at frequent intervals. Although talkadoc 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.
3.2.2 The Services provided by talkadoc 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). talkadoc does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. talkadoc does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, talkadoc disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by talkadoc or any User in relation to any User or services provided by such User.
3.2.3 The Website may be linked to the website of third parties, affiliates and business partners. talkadoc has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that talkadoc endorses the linked site. User may use the links and these services at User’s own risk.
3.2.4 talkadoc assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
3.2.5 If talkadoc determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, talkadoc reserves the right to immediately suspend your access to the Website or any of your accounts with talkadoc and makes such declaration on the website alongside your name/your clinic’s name as determined by talkadoc for the protection of its business and in the interests of Users. You shall be liable to indemnify talkadoc for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Talkadoc or its Users.
3.3 APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS
3.3.1 talkadoc leave the confirmation of an appointment to the discretion of the Practioner or his/her office. While some Practioner’s might have talkadoc auto-confirm the appointments, few Practioner’s would like to confirm themselves. Further, talkadoc has no liability if such appointment is confirmed but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.
3.3.2 You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold talkadoc responsible for any such interactions and associated issues. For avoidance of doubt, Talkadoc is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Website. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. talkadoc shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.
3.3.3 Payment and Cancellation Policy
For In-Person consultations, talkadoc only facilitates the appointment management between the Practioner’s office and the patient. The payment will be collected at the Doctor’s office.
For tele-Health consultations, talkadoc collects the consulting fees along with a convenience and all taxes payable after which the appointment will be confirmed. Talkadoc shall not be liable for any refunds to the customer in the event the customer’s booked slot/ time for an appointment has been delayed or cancelled. However, talkadoc will work with the Patient to schedule another appointment with the same or an other Doctor.
Any grievances can always be communicated to the support team at email@example.com.
3.3.4 Without prejudice to the generality of the above, talkadoc will not be liable for:
any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties;
any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
cancellation or rescheduling of booked appointment or any variance in the fees charged;
any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
3.3.5 Further, talkadoc shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at talkadoc’s sole discretion and may be modified or withdrawn at its sole discretion. talkadoc may moderate such feedback at any time. Talkadoc shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Website.
3.3.6 Online Appointment Booking facility is governed by Terms of Service listed in schedule 3.
3.4 TELE-CONSULTATION SERVICES
3.4.2 Without prejudice to the generality of the service, talkadoc has no role to play in determining the consultation fees of the Practioner’s. The consultation fees are determined at the discretion of the Practioner’s and talkadoc will charge the Doctors consultation fee along with a convenience fee and taxes payable at the time of appointment with the patient.
3.5 NOT FOR EMERGENCY USE
3.5.1 It is hereby expressly clarified that, the Information that you obtain or receive from talkadoc, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website 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. 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.
3.5.3 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.
3.6 TALKADOC USERS PORTAL
3.6.1 talkadoc enables Users to stay connected with Practitioners by posting health related queries or posting their progress. talkadoc allows Practitioners to respond or monitor such queries securely using the portal provided to Practitioners by Talkadoc.
3.6.2 talkadoc allows users to post queries only to their Practioner’s. If the user sees more than 1 Doctor, the User will have an option to post questions by Practioner. All of the queries will be private, which will be only sent to the Practitioner that the User is currently engaged with.
3.6.5 The User understands and agrees that any interactions and associated issues with the Practitioner on talkadoc Engage including but not limited to the User’s health issues and the User’s experiences is strictly between the User and the Practitioner. The User shall not hold talkadoc responsible for any such interactions and associated issues. talkadoc is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between the User and the Practitioner, the User interacts with. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. talkadoc shall not be responsible for any breach of service or service deficiency by any doctor or health care provider.
3.7 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.7.1 The contents listed on the Website are (i) User generated content, or (ii) belong to talkadoc. The information that is collected by talkadoc directly or indirectly from the End- Users and the Practitioners shall belong to talkadoc. Copying of the copyrighted content published by talkadoc on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and talkadoc reserves its rights under applicable law accordingly.
3.7.2 talkadoc authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “talkadoc Content”), are the property of talkadoc and are protected under copyright, trademark and other laws. User shall not modify the Talkadoc Content or reproduce, display, publicly perform, distribute, or otherwise use the Talkadoc Content in any way for any public or commercial purpose or for personal gain.
3.7.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
The terms in this Clause 4 are applicable only to Practitioners.
4.1 LISTING POLICY
4.1.1 Talkadoc, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Talkadoc 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 Patients. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Talkadoc immediately to enable Talkadoc to make the necessary amendments.
4.1.2 Talkadoc shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines.
4.1.4 Talkadoc 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. However, Talkadoc shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
4.1.5 Practitioners explicitly agree that Talkadoc reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
4.1.6 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 Talkadoc accepts no liability for the same.
4.2 PROFILE OWNERSHIP AND EDITING RIGHTS
Talkadoc ensures easy access to the Practitioners by providing a tool to update your profile information. Talkadoc reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Talkadoc 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 Talkadoc’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, Talkadoc may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF TALKADOC
4.3.1 All Critical Content is content created by the Users of www.talkadoc.com (“Website”) and the clients of Talkadoc customers and Practitioners, including the End-Users. As a platform, Talkadoc 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 Talkadoc and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. Talkadoc’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
4.3.2 Talkadoc reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
4.3.3 Talkadoc 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.
4.3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Talkadoc 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. Talkadoc 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 Clauses 3.9 and 5 of these Terms.
4.3.5 Talkadoc 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 shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
4.3.6 If Talkadoc determines that you have provided inaccurate information or enabled fraudulent feedback, Talkadoc reserves the right to immediately suspend any of your accounts with Talkadoc and makes such declaration on the website alongside your name/your clinics name as determined by Talkadoc for the protection of its business and in the interests of Users.
4.4 RANKING ALGORITHM
Talkadoc doesn’t rank practioners, but provides various search criteria in the best interest of the Patient and may adjust the search results 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. Talkadoc shall not be liable for any effect on the Practitioner’s business interests due to the rank of the doctor in the search results.
4.5 INDEPENDENT SERVICES
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 Talkadoc.
4.6 TALKADOC REACH RIGHTS
Talkadoc reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, Talkadoc will not be liable for the accuracy of information or the claims made in the Sponsored Listings. Talkadoc does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. Talkadoc will not be liable for the services of the providers of the Sponsored Listings.
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 Talkadoc accepts no liability for the same.
4.7 TALKADOC ENGAGE
4.7.1 Talkadoc engage enables Practitioners to conduct in-person consultations at their facility, connect with the Users through our Tele-Health platform, respond to the health related queries via notifications and messaging, keep track of Patients adherence and progress through application provided by talkadoc (“Doctor Portal”).
4.7.2 The User may post queries only to the practioners they are associated with. In-case a user is associated with multiple practioners, the user has an option to either post it as a (i) public query, which is sent through Talkadoc engage to all associated Practitioners and enables any Practitioner to respond to the query posted; or (ii) private query, which will be only sent to the Practitioner that the User has chosen.
4.7.3 The public queries sent to multiple Practitioners are sent through a fully automated notification system available in the Doctor portal. Talkadoc does not guarantee in any manner that any query will be directed to a particular Practitioner and will not be responsible for the Practitioners chosen to respond to the queries. The queries directed to practioners are determined by the User.
4.7.4 Practitioner agrees that, when providing any written response to a User’s query that constitutes a performance of his/her services, the Practitioner shall not post language that may be considered abusive, objectionable or demeaning to the User or in general.
4.7.5 talkadoc doesn’t dictate the financial commitments between the Doctor & his user. In the event, the Practitioner decides to charge the user a fee for his response, it’s up-to the Practioners discretion to charge the User as per his convenience. Talkadoc provides a payment gateway solution, the practioners can request talkadoc to enable Payment gateway feature as part of collecting the fees for any services rendered to the Users. There will be a fee associated to enable the payment gateway solution.
4.7.6 Talkadoc shall remit the fees to the Practitioner in accordance with the terms agreed between the Practitioners and Talkadoc in the Software License and Services Agreement executed between them.
4.7.7 Talkadoc reserves the right to revise the fee terms at any time at their discretion. The Practitioner’s continued use of the services shall constitute his/her consent to such revision.
4.7.9 Practitioner hereby represents and warrants that he/she
is qualified to provide medical services within the territory of India;
has obtained all licenses as required by law to provide medical services and has not committed any act or omission that might prejudice its continuance or renewal; and
has provided Talkadoc true, accurate, complete and up to date details about their qualification and credentials.
4.7.10 Practitioner agrees that he/she shall at all times abide by the applicable medical regulations
4.7.11 Practitioners shall promptly renew their licenses required to provide medical services and notify Talkadoc about the same.
4.7.12 Talkadoc reserves the right to terminate any account of the Practitioner in case:
Talkadoc is unable to verify or authenticate any information provided to it by a Practitioner; or
Talkadoc in its sole and absolute discretion believes that actions of the Practitioner may cause legal liability for Talkadoc or other Users and / or may adversely affect the services rendered by Talkadoc.
4.7.13 Practitioner hereby agrees that, for any User that contacts the Practitioner using Talkadoc engage, only he/she or a registered provider with talkadoc shall be allowed to perform the services for the User and that the Practitioner may under no circumstances be permitted to transfer the performance of Your Services to any other person, whether under their supervision or not. The Practitioner accepts all responsibility and liability for the use of Talkadoc engage, including the performance of its services, by any other party claiming to be the Practitioner and hereby agrees to indemnify Talkadoc against any claim or loss that may be faced by Talkadoc consequent to such use.
4.7.14 Practitioner hereby agrees to hold in strictest confidence all information provided by a User to him/her under all circumstances. Practitioner agrees that he/she shall not disclose any information or documentation provided by a User to any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person.
4.7.15 Practitioner agrees to render his/her services and fulfill their obligations towards their patients using their best efforts, skill and ability.
4.7.16 Practitioner agrees and understands that some or all his/her may be made available to the general public through the talkadoc portal or otherwise by the Company and that he/she has no objection to the same.
4.7.17 Practitioner hereby agrees to assign to Talkadoc in perpetuity all intellectual property rights residing in the responses provided by him/her for use by Talkadoc worldwide.
4.7.18 Any communication sent by or through Talkadoc to the Practitioner is based solely on information uploaded by the Users. Talkadoc shall not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.
4.8 TALKADOC HEALTHFEED
4.8.1 Talkadoc Healthfeed is part of the blog page available on the website, wherein Practitioners who have a Talkadoc profile can post health and wellness related content.
4.8.2 A Practitioner will submit his/her content to talkadoc content writing team, who will help the practioners to post their original content comprising text, audio, video, images data or any combination of the same (“as defined in Clause 3.7.2”), and uploading said Content to Talkadoc’s servers. The Practitioner can upload their own images or choose an image from the gallery that Talkadoc provides. Talkadoc shall also provide images or other graphical content through the talkadoc design team and Talkadoc shall post such Content while retaining the credentials of the original authors. The Content uploaded does not constitute medical advice and may not be construed as such by any person.
4.8.3 The Practitioner acknowledges that they are the original authors and creators of any Content or comments uploaded by them via Healthfeed and that no Content or comment uploaded by them would constitute infringement of the intellectual property rights of any other person. Talkadoc reserves the right to remove any Content or comment which it may determine at its own discretion as violating the intellectual property rights of any other person. The Practitioner agrees to absolve Talkadoc from and indemnify Talkadoc against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Practitioner’s uploading of any Content on Fit. The Practitioner also agrees to absolve Talkadoc from and indemnify Talkadoc against all claims that may arise as a result of any third party intellectual property claim if the Practitioner downloads an image from Talkadoc’s gallery and utilizes it for his/her personal or commercial gain.
4.8.4 The Practitioner hereby assigns to Talkadoc, in perpetuity and worldwide, all intellectual property rights in any Content or comment created by the Practitioner and uploaded by the Practitioner via Healthfeed. While talkadoc will not claim credit for the content published, but talkadoc will use the content published for content marketing purposes without removing the original authors credits.
4.8.5 Talkadoc shall have the right to edit or remove the Content and any comments in such manner as it may deem fit at any time.
4.8.6 Practitioner agrees not to post any comments or upload any Content which are defamatory, obscene, objectionable or in nature and Talkadoc reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The Practitioner agrees to absolve Talkadoc from and indemnify Talkadoc against all claims that may arise as a result of any legal claim arising from the nature of the Content or the comments posted by the Practitioner on Fit.
5.1 As mandated by Regulation 3(2) of the IG Rules, Talkadoc 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, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
5.2 Users are also prohibited from:
violating or attempting to violate the integrity or security of the Website or any Talkadoc Content;
transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Talkadoc;
intentionally submitting on the Website 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;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
copying or duplicating in any manner any of the Talkadoc Content or other information available from the Website;
framing or hot linking or deep linking any Talkadoc Content.
circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
5.3 Talkadoc, 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 5.1 and 5.2. Talkadoc 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.
5.5 Talkadoc 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 Talkadoc 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 Talkadoc as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Talkadoc or any person on its behalf and the User or where the User has consented to data transfer.
5.6 Talkadoc respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
6.1 Talkadoc reserves the right to suspend or terminate a User’s access to the Website 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;
Talkadoc is unable to verify or authenticate any information provide to Talkadoc by a User;
Talkadoc has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
Talkadoc believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Talkadoc or are contrary to the interests of the Website.
6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
In no event, including but not limited to negligence, shall Talkadoc, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, 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;
any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
any unauthorized access to or alteration of your transmissions or data; or
any other matter relating to the Website or the Service.
Talkadoc may retain such information collected from Users from its Website 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.
9.1 You agree that this Agreement and any contractual obligation between Talkadoc and User will be governed by the laws of India.
9.2 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 or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Talkadoc. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Hyderabad. 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.
9.3 Subject to the above Clause 9.2, the courts at Hyderabad shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
If a User has any questions concerning Talkadoc, the Website, this Agreement, the Services, or anything related to any of the foregoing, Talkadoc customer support can be reached at the following email address: firstname.lastname@example.org or via the contact information available on the website – www.talkadoc.com.
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.
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 Talkadoc. Any consent by Talkadoc to, or a waiver by Talkadoc 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.
This policy document covers the philosophy, intent and methodology used by Talkadoc to collect Feedback from Patients & Doctors and other Practitioners who are part of the Talkadoc eco-system.
1.2 Philosophy and Intent
At Talkadoc, we believe in transparency and authenticity, and these are the 2 primary pillars on which the Feedback collection system is built. We intend to help all the users make a well-informed decision when it comes to their Health and authentic Feedback helps them achieve that. Doctors being Talkadoc’s closest stakeholders throughout our successful journey, would be the other beneficiary, with authentic Feedback circulating from all the users.
1.3 How we collect Feedback
As of now Talkadoc endeavors to reach out to the following group of users :
Users who are registered with Talkadoc.com: Talkadoc reaches out to these Users via SMS/E-mail regularly and collect the feedback about ease of access to the system, ease of using any specific functionalities, any changes needed etc. Talkadoc has complete ownership of this flow of feedback collection since Talkadoc is responsible for giving the best experience to patients.
The Talkadoc Feedback system is built such that it limits the number of SMS and emails that are sent to a particular patient to ‘one-every-month’ even if he/she books more than one appointment with you during the period. This ensures sufficient cool-off period between subsequent Feedback from the same patient and a much more robust and fair feedback model
1.4 Nature of Feedback
The Talkadoc Feedback Collection System will ask the Users about their consultation experience, Product experience. The information collected would primarily be categorized as below:
Doctor recommendation – whether the patient would recommend the doctor to his/her friends and family
Doctor Feedback – Patient’s testimonial about appointment experience with the Doctor
Product Feedback – Patient’s comfort with using the features of the Product
1.5 Authenticity of Feedback Collection
As part of our efforts to collect and display authentic Feedback, Talkadoc abides by these set of rules:
A Patient would be probed with SMS/E-mail for Feedback on an appointment or product only once in a month
Appointments booked via Talkadoc includes (but not restricted to) appointments from the following sources:
Doctor and Practice profile on Talkadoc.com or smartphone apps
Talkadoc Direct Contact
2. TERMS OF SERVICE – ONLINE APPOINTMENT BOOKING FACILITY.
2.2 APPOINTMENT BOOKING FACILITY – Appointment Booking is a facility offered by Talkadoc.com to patients for booking online or walk-in appointments with our partners.
2.3 OBJECTIVES OF ONLINE APPOINTMENT BOOKING FACILITY – The two-fold objective of Talkadoc.com is to ensure:
Excellent experience for our patients by minimizing their visit time to Doctor’s Office
Excellent experience for our partners by maximizing their utilization of time
2.4 MANDATORY TERMS OF SERVICE FOR PARTNERS
Every doctor should honor all appointments booked via Talkadoc.com within the available hours.
It is mandatory that the patient consult the same doctor with whom the consultation has been confirmed.
The doctor or doctor’s office should communicate about any expected delay/cancellation at least 2 hours prior to the scheduled time of appointment.
Non-compliance to the above will lead to poor patient engagement experience and might have an effect on the reputation of the facility.
2.5 MANDATORY TERMS OF SERVICE FOR PATIENTS
‘Instant – Telehealth Appointment’ button on Talkadoc.com is a privilege given to the Doctor to make himself available for Telehealth Consultations, Talkadoc reserves the right to withdraw this in case of repeated instances of “No Show” by the Doctor.
2.6 PRIVILEGES FOR PARTNERS
For complying with the terms of service on Talkadoc.com the partners will be offered following privileges:
Free 3-month trial Period.
Increased awareness and accessibility to the Providers
Talkadoc provides the services on “as is” and “as available” basis. Talkadoc does not represent, warrant or guarantee that your access to or use of Talkadoc.com: (a) will be uninterrupted or error free; or (b)will result in any requests for appointments. Notwithstanding anything contained herein, Talkadoc disclaims all liability for any act or omission of you, any Patient or other third party.