Terms & Conditions
Terms and Conditions for using MySMartCareDoc.com
The following terms and conditions constitute an agreement between You as a user or service receiver and MySmartCareDoc PVT LTD (“we,” or “us”), the operator MySMartCareDoc (the “Website”). BY USING or surfing THE WEBSITE, AND/OR BY REGISTERING WITH US, user SIGNIFY THAT user AGREE TO below TERMS and CONDITIONS, It also includes user`s consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference`
That you agrees to comply with applicable laws interpreted by the country (hereinafter referred to as “India”).
In addition, you understand that the features, Services offered, user method and features on MySMartCareDoc.com may be removed or adapted, altered, improved at any time by MySMartCareDoc.com in its sole discretion and without any notice. It is to categorically mention that we offer the Website 'AS IS' and without warranties. If you are registering an account or using the Website on behalf of an individual or entity other than user`s self, you represent that you are authorized by such individual or entity to accept these Terms & Conditions on such individual or entity's behalf. If you do not agree with any of these terms, refrain or do not use this MySMartCareDoc.com Website.
User`s affirmative act of using this Website/platform and/or registering for the Website or the Services constitutes user`s electronic signature to these Terms & Conditions and user`s consent to enter into agreements with us electronically.
MySMartCareDoc.com (THE OWNERS AND THE EMPLOYEE STAFF OF THE WEBSITE) DOES NOT IN ANY WAY ENDORSE, PROMOTE, SOLICIT, ANY INDIVIDUAL/FIRM/SERVICE PROVIDER LISTED ON WEBSITE. IN NO EVENT SHALL MySMartCareDoc.com BE LIABLE DIRECTLY OR INDIRECTLY TO USER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE ON SUCH INFORMATION,AND DOES NOT GAURANTEE/WARRANTS OR RESPONSIBLE FOR ANY MEDICAL, LEGAL OR FINANCIAL EVENTS OR OUTCOMES RELATED TO SERVICES ACHIEVED THROUGH THE USE OF THE WEBSITE/PLATFORM, ALSO MySmartCareDoc DOES NOT GUARANTEE THAT A WEB-BASED CONSULTATION, OVER-PHONE CONSULTATION OR IN-PERSON / VIDEO CONSULTATION IS THE APPROPRIATE WAY TO RESOLVE/ SOLUTION FOR USER`S PARTICULAR PROBLEM .
1. General using Terms
MySMartCareDoc.com is a technology platform which is nothing more than aggregating all kind of healthcare and medical professionals, laboratories, research institute, service demand generated on the website / Apps for the Professionals, listed doctors, healthcare and wellness experts, hospitals, clinics, institute and firms to enable their respective to access the client demand through our platform and it is no way, directly or indirectly responsible for the consultation and assistance provided by the Service providers and has no control over the quality, Malpractices or quantity of Services provided by the Service providers listed on our platform or service provider as they are not direct employee or agents of MySMartCareDoc.com and are independent of MySMartCareDoc.com . We urge all potential clients to make their own independent investigation, perform user’s own due diligence concerning the service providers and their qualifications and evaluation before any Service provider is being considered.
All the materials and information on the platform are provided for informational purposes only and may not be correct, complete, updated, may be the extract of different sources and platform is to be used by the user of major age or under the guidance of a major use as MySMartCareDoc.com doesn’t have any medium to validate the information provided by the user.
MySmartCareDoc doesn`t have liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. We make no warranty that the Services will meet user`s requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. The user acknowledges and agrees that in the event of failure, restoration of service may take several days.
User expressly understand and agree that we shall not be liable for any, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, failure to realize expected savings, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use or the inability to use the website, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website, invalid destinations, transmission errors, or unauthorized access to or alteration of user`s transmissions or data, statements or conduct of any third party on the website, user`s failure to receive any third party services or products requested through the website or any other matter relating to the website. In no event are we liable to you for an amount in excess of the amount paid by you to us for the services in question, if any.
This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into within the jurisdiction of New Delhi, India and shall be governed by and shall be construed in accordance with the laws of the Republic of India, without giving effect to any choice of law rules or principles.
Any dispute with MySMartCareDoc.com shall exclusively be subject to the jurisdiction of the appropriate Courts situated at New Delhi, India. No party shall object to removal or prosecution of any litigation to a court within the jurisdiction of New Delhi, India.
Any cause of action or claim you may have with respect to MySMartCareDoc.com must be commenced within one (1) month after it arises, except to the extent such litigation is not enforceable.
MySMartCareDoc.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice. In the event of a modification or discontinuance, all information submitted by user and others may be lost. User agree to keep a permanent record of all information provided to MySmartCareDoc.com, and agrees that all information submitted is at his sole risk. User agree that MySMartCareDoc.com have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website including without limitation messages and other communications. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
2. Service User Terms
User understands and warrants that he possess the right to enter into this agreement pertaining to Terms & Conditions as of a major age to register on the MySMartCareDoc.com services under his own name and to use the MySMartCareDoc.com services and is/are solely responsible for maintaining the confidentiality of his/her credentials and prohibit anyone, and immediately inform MySMartCareDoc.com of any unauthorized use of his credentials and consents to use, store and transfer his Information/data and may disclose it to other entities outside their jurisdiction.
If you do not consent to such transfer, you may not use our Content or Services.
If you are service provider/doctor/clinic/laboratory/hospital/any other healthcare professional, participating in any aspect of this Website, you acknowledge that rules of professional conduct apply to all aspects of user`s participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of user`s respective profession, and misrepresentations of fact. We disclaim all responsibility for user`s compliance with these rules.
All the registered healthcare providers and professionals on MySMartCareDoc.com platform including but not limited to clinicians, paramedical, laboratories, doctors, hospitals, or any other professional as the case may be (hereinafter referred to as 'Professional') registered on MySMartCareDoc.com platform shall not, under any circumstances, seek to obtain contact details from the clients and/or professionals/doctors/laboratories using the MySMartCareDoc.com and/or MySMartCareDoc.com mobile app or webapp hereinafter referred as MySMartCareDoc.com App nor shall they share any kind of contact details including but not limited to phone, email, twitter, facebook, office address etc. with any client and or doctor/healthcare professional received any call through the platform. All communications, financial transactions, and interactions between the professionals and the clients initiated through the MySMartCareDoc.com must occur exclusively on MySMartCareDoc.com platform's built-in communication tools. This is to maintain the integrity of the platform, to ensure the privacy and security of all parties involved, and to comply with data protection laws and regulations. Any circumvention of the platform directly or indirectly is not encouraged. MySMartCareDoc.com reserves the right to seek details from the platform users and may choose to implement any kind of Artificial Intelligence equipped tool without compromising on the confidentiality of the platform to specifically to monitor non-circumvention. This will be done while respecting the privacy of the Medical Professional and the Client, in accordance with MySmartCareDoc.com's Privacy Policy
User may not forge topics, blog heading or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website. User agree to not harm any user/service provider in any way, act unethical or infringe, invade anyone`s right to information. User is prohibited from using any type of computer malware, software, virus, adapter, or driver that may/is intended or is likely to disrupt, overload, or otherwise impair the workings of any direct or indirect operational part of the platform/Website. If user is found engaged in such conduct, the resulting damage will be hard to quantify as a fixed amount and thus user hereby agree to pay us liquidated damages in the amount of INR 10,00,000/-(Rs Ten lakh) for each day that the Website is damaged until the Website is completely repaired and further unquantified damages which will occur due to user`s/user`s act will be accessed and you shall be liable to pay the same. This amount is derived by estimating the value of (1) the loss of good will caused by an inoperable Website, (2) the time and money it will take to repair the Website and to address the concerns of visitors. MySMartCareDoc.com is required to use reasonable efforts to repair the Website as quickly as possible. This clause will not prohibit us from seeking additional compensation if user`s conduct injures us in a way not expressly contemplated herein.
The provisions of this Terms & Conditions are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such a provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.
The failure of MySMartCareDoc.com to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
User Must not misidentify, impersonate, falsely represent, false affiliation with a person or entity. Also user should have MySmartCareDoc`s prior written consent for posting any post, advertisements or promotional materials, reproduce, duplicate, copy, solicit participants and/or visitors of the platform/Website, sell, resell or exploit for any commercial purposes, any portion of the Website/platform or its Services, use of the Website or it Services, or access to the Website/platform or its Services.
User understands that the consultation through MySMartCareDoc.com may involve electronic communication of user`s personal information to other doctors/healthcare professionals who may be located in other areas, including out of state.
Notwithstanding User’s registration with National Do Not Call Registry (In Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India), User hereby expresses his interest and accord its willful consent to receive communication (including commercial communication) in relation to company name. User further confirms that any communication, as mentioned herein above, shall not be construed as Unsolicited Commercial Communication under the TRAI guidelines and User has specifically opted to receive communication in this regard on the telephone number provided by the User.
User is only permitted to use the Website to find a service provider/professional to provide services required to fulfill his issues and to obtain general information about similar cases (each, a 'Permissible Use'). User understands and agrees that all information, statistical data, text, software, music, sound, photographs, graphics, video, messages or other materials (Content), whether publicly posted or privately transmitted by users and other users of our service, are the sole responsibility of the person from which such Content originated. This means that users, and not us, are entirely responsible for all Content that user upload, post, email or otherwise transmit via the Website. MySMartCareDoc.com do not control all of the Content posted via the Website and, as such, do not guarantee the accuracy, integrity or quality of such Content.
Without limiting the foregoing, MySMartCareDoc.com and its affiliates make no warranty as to the reliability, accuracy, timelines, usefulness, adequacy, completeness or suitability of the MySMartCareDoc.com products and services provided hereunder. MySMartCareDoc.com makes no representations or warranties about the satisfaction of government regulations.
You shall defend, indemnify, save and hold MySmartCareDoc.com, its affiliates harmless from all demands, liabilities, claims and expenses, including Lawyer's fees, fees of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation, infringement by you or someone else using the service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the Service(s) provided.
If any circumstance arises where MySMartCareDoc.com is threatened with suit by a third party, we may seek written assurances from user concerning respective user`s promise to indemnify us; user`s failure to provide those assurances may be considered by us to be a breach of your agreement and may result in deactivation of your service(s) with immediate effect transfer, transmit, display, reverse-engineer, reverse-assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. User will not otherwise attempt to transfer any right in the Services (which includes its software, design and content), create derivative works based on it or in any manner commercially exploit the Services in whole or in part. User agree that violations by user, any other person or entity, of these trade secrets and / or other intellectual property protections or the terms of this Agreement will be lead to prosecution under the Indian Laws and Bylaws. The final choice of whether the Consumer/user is in violation of any of these policies is at the sole discretion of MySmartCareDoc.com.
The user/Consumer's exclusive remedies for all damages, losses and causes of actions whether in contract, including negligence or otherwise, shall not exceed the aggregate amount, which the Consumer paid directly to MySMartCareDoc.com for the service in question. Such limitations shall apply to MySMartCareDoc.com total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action
User understands that by using the Website he may be exposed to Content that may be offensive, indecent or objectionable. Under no circumstances MySMartCareDoc.com will be liable in any way for any Content, including for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Website.
All Queries and solutions, any answers, user agree that, without any compensation to user, MySMartCareDoc.com will own all rights to the submitted questions and answers (including any intellectual property and moral rights) and will have the sole unrestricted right to use, reproduce, edit, modify, sell, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the submitted content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in the content.
MySmartCareDoc.com’s failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of the agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the agreement shall remain in full force and effect.
By taking services through MySmartCareDoc.com, user is soliciting and requesting a contact by telephone and as such, you may be contacted by telephone or e-mail as set forth in this Agreement and in our Privacy Policy, notwithstanding the listing of user`s telephone number and/or e- mail address in any applicable do-not-call registries. After user’s consent, MySMartCareDoc.com may send newsletters and other information regarding common related topics or preventive care messages containing specific services’ related information, links to other related Websites and specific questions related to user’s MySMartCareDoc.com record. MySMartCareDoc.com reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the MySMartCareDoc.com Service according to its internal record retention and/or destruction policies or decisions.
If the user is in breach of any of the Terms and Conditions of this Agreement and/or the Terms and Conditions of the usage of MySmartCareDoc.com, agreement will be termed as suspended.
If you do not agree to our Terms & Conditions, payment, cancellation, refund or our Privacy Policy we kindly request you refrain using this Platform/Website.
Contacts
Name: Vamsi Mohan Palepu
E mail: vpalepu@MySMartCareDoc.com
