TERMS AND CONDITIONS
1. INDIAN CONTRACT ACT, 1872
2. INDIAN INFORMATION TECHNOLOGY ACT (2000)
AND THE RULES, REGULATIONS, GUIDELINES, AND CLARIFICATIONS FRAMED UNDER THOSE LAWS OR ANY OTHER LAW FOR THE TIME BEING IN FORCE. YOU FURTHER AGREE THAT YOU SHALL NOT DISPUTE JURISDICTION, due to personal jurisdiction or venue.
IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE SERVICES. Please note that we offer the Services "AS IS" and without warranties. If you are registering an account or using the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual's or entity's behalf whether it’s a patient or a clinic.
1. ABOUT THE SITE
GapDoc exists to improve your medical care experience, and we hope you’ll make great use of our service. These terms explain your rights and responsibilities when using GapDoc. We thank you for using our services.
You acknowledge that although some Content may be provided by individuals in the medical profession, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you with locating appropriate medical care from a doctor, dentist or other healthcare specialist, professional or provider (collectively, “Healthcare Provider”).
“Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services and/or Site, including without limitation Content provided in direct response to your questions or postings.
WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION, OR OTHER CONTENT THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL LISTED OR ACCESSIBLE THROUGH THE SERVICES.
2. NO DOCTOR PATIENT RELATIONSHIP
The content communicated to you from GapDoc or its affiliates, contractors, partners, sponsors or advertisers is for informational, scheduling and payment purpose only and doesn’t constitute professional medical advice, diagnosis or treatment. Do not disregard, delay, replace or ignore medical advice from a qualified healthcare provider because of something you might have read on the website.
We do not recommend or endorse any specific tests, healthcare providers, procedures, opinions, or other information that may appear through the Services. If you rely on any Content provided through the Services, you do so solely at your own risk.
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BETWEEN YOU AND GAPDOC UNDER CIRCUMSTANCES WHATSOEVER.
You must resolve any dispute between you or any Healthcare Provider arising from any transaction here under directly with the Healthcare Provider without making us a party to the transaction in official matters.
3. AUTHORIZATION AND ACKNOWLEDGEMENT; IMPORTANT INFORMATION ABOUT HEALTHCARE PROVIDER RELATIONSHIPS AND LISTS.
Healthcare Providers listed through the Services with whom you may book appointments enter into contracts with us, and may pay us a fee in order to be marketed through the Services.
We may also include from time to time sponsored results, including at the
top of the search results for which we may collect additional fee from the hospitals, none of which shall be considered as an endorsement or recommendation by us.
In our effort to aid discovery of hospitals we might classify them based on past user reviews and specialty they are advertising all of which is to act as educational and informative and undertake no obligation to have the contents reviewed by our editorial team.
We cannot be responsible for any breach of services, deficiency of services, change of fee due to rescheduling of appointments due to reason whatsoever, cancellation of appointment by either party, misconduct or inappropriate behavior by any party or medical eventualities which might occur. You agree that any engagements you make, you do so at you own risk.
We cannot be held liable for correctness, completeness and up-to-datedness of the information on the website. We cannot be held liable for any comments published on its website. We merely act as ‘intermediary’ under the Information Technology Act, 2000.
You agree not to post content on the website which infringes any Intellectual Property or privacy rights. We may at our sole discretion chose not publish any reviews and/or feedback, if so required by applicable law or if we feel there is a mala fide intent, or if it wouldn’t help the community at large or for any other reasons.
You agree that we may contact you via telephone, email, SMS or any other electronic means for communication and you further agree to fully co-operate to such communication.
We allow our vendors to remove any abusive or incorrect reviews posted by users. The vendors cannot however modify those reviews.
5. YOUR PERSONAL INFORMATION/ LISTING POLICY
We may directly or indirectly collect information regarding your Clinic, Hospital or Practice, regarding your contact details, procedures, information on doctors and pull reviews about your facilities from Google or other sources and publish them on our website. We may take down any part of such profile on your request. If any information is found to be incorrect you are bound to inform us to enable us to make necessary amendment via a written communication.
6. YOUR RESPONSIBILITY
You are responsible for all use of the Services and for all use of your Credentials, including use by others to whom you have given your Credentials. You may only use the Site and the Services for lawful, non-commercial purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Site and/or Services (including, without limitation, Healthcare Provider or practice information, appointment availability, price information, and Insurance Content) for any purpose whatsoever.
Hospital, Clinics and Healthcare Providers’ responsibilities.
You will not use our website to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation.
You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable consumer protection laws, or regulations for the time being in force.
7. ADDITIONAL DISCLAIMER
Changes to the Services
We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services.
Disclaimer of warranties
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Site and/or the Services; what content you access via the Site and/or the Services; what effects the content on the Site and/or the Services may have on you; how you may interpret or use the content on the Site and/or the Services; or what actions you may take as a result of having been exposed to the content on the Site and/or the Services. You release us from all liability for you having acquired or not acquired content through the Site and/or the Services. The Site and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.
8. GENERAL LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION.
IN NO EVENT WHETHER DUE TO DELIBERATE ACT OR GROSS NEGLIGENCE SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO REGISTER FOR THE SITE OR THE SERVICES, OR $100, WHICHEVER IS HIGHER.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION.
IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Site or through the Services by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period.
Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to re-register).
11. ENTIRE AGREEMENT
The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.