Terms of use

Docspert is an online health platform that provides a variety of online and online-linked health products and services to patients for health related information and resources. Docspert’s certified doctors can resolve many of your medical issues, on-demand, via text based consultations from wherever you happen to be. The following terms and conditions constitute an agreement between you and Docspert (“Docspert,” “we,” or “us”), the operator of docspert.com (the “Site”). BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE and that you are agree to comply with applicable laws, governed and interpreted by the country. Please note that we offer the Site "AS IS" and without warranties. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individual's or entity's behalf. Whenever we use the words "your physician" or "your doctor" or "healthcare provider" or similar words on Docspert, including in these Terms of Use, we mean your personal doctor with whom you have of an actual, mutually acknowledged, doctor-patient relationship (or the same kind of formal, real-world relationship between you and your personal professional healthcare provider). Docspert medical experts are not "your" physician or healthcare provider. Docspert would serve you to the best our ability under the following terms and conditions:

1. Using the Docspert website

• NO DOCTOR-PATIENT RELATIONSHIP. Docspert doesn’t replace your relationship with physician or healthcare provider. The information interpreted (not limited to content of the site and information derived from online consultations) should Not be relied upon as a substitute for sound professional medical advice, evaluation or care from your physician or other qualified healthcare provider. This information should be put to be use only after consulting your physician or other healthcare provider. • You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to you on the Site (including Information provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a doctor/medical professional-patient relationship, but is provided to inform you on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on Docspert should be used for information purposes only, Docspert DOES NOT PROVIDE MEDICAL DIAGNOSIS, TREATMENT, and OR PRESCRIPTION OF ANY KIND. • Docspert is designed to support the health decisions and choices that you make. These decisions and choices are yours, and we believe that you, in connection with the advice you receive from your doctor or other professional healthcare provider, are the best decision maker about your health. We cannot make decisions for you. What we can do is help you find good health information and connect with doctors for in-person information. On Docspert you can ask and find informational questions and related educational answers by foreign Medical experts. The site is not a place for the practice of medicine, but the foreign Medical experts on site can be a resource for reliable, relevant general health information. We hope these services will be of value to you. Please use them responsibly. • Personal medical advice, treatment, or diagnosis are not permitted through Docspert, and by using Docspert you agree not to solicit these or use any information as if it were personal advice, treatment, or diagnosis. This applies both to public interactions on Docspert as well as to Paid consultations. Whenever you want personal medical advice, treatment, or diagnosis, you should contact your physician or professional healthcare provider and see them in person. We do allow you to connect privately with physicians for consultations and second opinions – but consultations are not for physical examination, diagnosis, prescription or treatment. • All users must be eighteen years or older. In the case of minor Consumers (under eighteen (18) years), a parent or guardian must accept this Agreement and guide all consultations under the services offered. • Your right to use the Services is not transferable. • THE SERVICES ARE NOT FOR USE IN MEDICAL EMERGENCIES OR FOR CRITICAL HEALTH SITUATIONS REQUIRING PROMPT MEDICAL ATTENTION. The service is not intended to be real-time and may not be the best solution when a face-to-face consult is a must. • The User takes full responsibility for ensuring that the information submitted is accurate. Docspert shall make no effort to validate any information provided by the Consumer for use in Services with respect to content, correctness or usability. We with an intention to provide the best service possible could ask you to share more information as and when needed. • Use of Docspert Services requires basic familiarity with the Internet, related payment services and general security practices. The Consumer is expected to possess the necessary internet-usage skills and knowledge to avail Docspert Services.

2. Independence of Medical Experts

• The opinions, statements, answers (collectively “consultation”) provided by the Medical Experts via docspert.com are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of Docspert, its affiliates or any other organizations or institutions to which such Medical Expert or such specialist or professional is affiliated or provides services. Docspert does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on Docspert or by a licensee of Docspert. • The inclusion of professionals and specialists on Docspert or in any professional directory on Docspert does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. Such information is provided on an "as-is" basis and Docspert disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.

3. Membership Terms

• You represent and warrant that you are at least eighteen years of age and that you possess the legal right and the ability to enter into agreements pertaining to Terms of Use, to register on the Docspert Services under your own name and to use the Docspert Services in accordance with the Terms of Use and abide by the obligations hereunder. • You are solely responsible for maintaining the confidentiality of your password and for all activities carried out under your Docspert account. You agree to prohibit anyone else from using your password and immediately notify Docspert of any unauthorized use of your password or other security concerns. • No party has the power or authority as agent, employee or in any other capacity to represent, act for, bind or otherwise create or assume any obligation on behalf of the other party for any purpose whatsoever. • International members acknowledge and agree that Docspert may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction. If you do not consent to such transfer, you may not use our Content or Services. • Your affirmative act of using this Site and/or registering for the Site or the Services constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically.

4. Scope of Services

• Docspert (the owners and the employee staff of the Site) and third-party professionals who offer services through the Site accept no responsibility for any medical, legal or financial events or outcomes related to services achieved through the use of the Site. • Docspert does not guarantee that a web-based consultation is the appropriate course of treatment for your particular health problem. You agree to contact your primary care physician immediately should your condition change or your symptoms worsen. If you require urgent care, you agree to contact your local emergency services immediately. The Services are offered on an "as is" and “as available” basis and used by the Consumer solely at his or her own risk. • Docspert makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by Docspert employees. Docspert is not responsible for transmission errors, corruption of data. • Docspert is for personal use. Docspert is a service for individuals to use to support their personal health decisions. You may use Docspert for personal, but not for commercial, purposes. Organizations, companies, and businesses may not become registered members on the site or use the site through individual members. • As per the features of consultation, one will be provided with not more than 3 free follow-up questions per consultations. The free follow-up would be made available for a period not exceeding a week from the time of first response by Doctor. The user is also provided with an option of 5 attachments each per question, unless allowed in exception case by the Doctor. • Docspert may not be used for illegal purposes. The Content and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Content and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any Content or Services, other accounts, computer systems, or networks connected with Docspert, the Content, or Services. You may not use any automated means (such as a scraper) to access Docspert, the Content, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Docspert account. Any attempt by any individual or entity to solicit login information of any other user or Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law, including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

5. Patient’s Profile on Docspert

• Your Docspert Patient Profile is created to store record of your consultations and your personal health information online, including history, health conditions, allergies and medications. • Any information provided as part of a web becomes part of your Docspert Record. You agree to provide accurate information to help us serve you best to our knowledge, to periodically review such information and to update such information as and when necessary. • Docspert reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Docspert Service according to its internal record retention and/or destruction policies. • You might be contacted via email to review the information provided by you for Docspert Record or for Online Consultations. Please make sure you provide a valid email-id and you update it as and when needed. For additional information regarding use of information about you, please refer to our Privacy Policy.

6. Informed Consent for Docspert Services

• As with any medical procedure, there are potential risks associated with Docspert services. By using the Docspert service, you agree to abide by the Terms and Conditions, Privacy policy and risks described below. These risks include, but may not be limited to: • While Docspert is an honest attempt to provide access to the best possible medical information to the patient, the Medical Experts will not be examining you physically. The Medical Expert may not have access to all or some of your medical history that might be critical to consult you. The Medical Expert will not have the benefit of information that would be obtained by examining you in person, observing your physical condition and by going through your medical records. This means that the service provided through Docspert is different from the diagnostic and treatment services typically decided by a physician. Therefore, the physician may not be aware of facts or information that would affect his or her opinion of your diagnosis. To reduce the risk of this limitation, Docspert strongly encourages you to be in touch with an on-ground physician and share the Docspert opinion with him/her. By deciding to engage this service, you acknowledge and agree that you are aware of this limitation and agree to assume the entire risk of this limitation; • By requesting a medical opinion through Docspert, you acknowledge and agree that: • The advice/information/opinion on diagnosis you may receive could be limited and provisional; • The medical opinion is not intended to replace a face-to-face visit with a physician just yet and it replace an actual Doctor-patient relationship; • In case of a second opinion where there is a difference of opinion among our Medical Experts and your physician, you would bear the responsibility to decide the next step. We hope to help you in making the right decision but at the end it is only up to you to share our consultants’ opinion with your physician or to go for another physical exam (if needed) or to reach-out to Docspert Health Consultant for offline consultation, or procedure, and/or treatment; • The physician is reliant on information provided by you and hence any information demonstrated to have been falsified will immediately render the opinion and all details therein null and void; • In some cases, the consultant may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query; • In rare cases, the consultant may feel that the query may not be answerable without physically examining the patient and the consult may be refused forthwith; delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in Terms of Use.

7. Protection of Proprietary Information

• You agree that the Services, which include all software and information, both electronic and printed media, contain copyrighted material, trade secrets, patent related material and other proprietary intellectual property and are the proprietary property of Docspert. They are protected by copyright, trade secret, patent laws and other proprietary rights and laws, and they may only be used or accessed as specifically provided for, in this Agreement. • You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, 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. You 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. You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections or the terms of this Agreement will be lead to prosecution under the Laws and Bylaws. The final choice of whether the Consumer is in violation of any of these policies is at the sole discretion of Docspert • Only for the duration of being logged into the Consumers’ valid Docspert account, the consumer is hereby granted a revocable, non-exclusive, non-transferable licence to use the services for personal, non-commercial purposes; subject to terms and qualifications of Agreements of Docspert. • With the exception of your medical records, Docspert retains all rights, titles and interests pertaining to Docspert , the Docspert Services and any content, products, documentation, software or other materials on the Docspert web site along with any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing. • Docspert welcomes comments, suggestions and submissions by its Consumers including but not limited to messages, notes, feedback, artwork, communications, computer code or creative materials provided to Docspert The act of commenting, suggesting or submitting shall act as a full assignment of all rights whatsoever (copyright, patentability, and intellectual property) to Docspert. Docspert shall have the right to use the same as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution and the like without any compensation to the Consumer. • Except as expressly provided herein, no other right or license with respect to any copyrights, patent rights, trademark rights or other proprietary rights are granted under this agreement. All rights not expressly granted hereunder by Docspert are expressly reserved to Docspert and its licensors and information and content providers. • Contact us if you believe information on our website infringes your copyright. If you believe any materials accessible on or from Docspert infringe your copyright, you may request removal of those materials.

8. Etiquette and Privacy

• The resources of Docspert should not be used to impersonate another person or misrepresent authorization to act on behalf of others or Docspert. All messages transmitted via Docspert should correctly identify the sender. The Consumer should never alter the attribution of origin in electronic mail messages or while posting any information. • Docspert has zero-tolerance for unsolicited bulk email, unsolicited posting to newsgroups, marketing gimmicks/spam/scams in community resources, or other illegal activities. The Consumer shall not infringe upon the rights of others, spam, propagate computer worms or viruses, use a false identity, attempt to gain unauthorized entry to any site or network, infringe copyrights, trademarks, or other intellectual property rights. • The Consumer agrees to indemnify and hold Docspert harmless for any and all acts found or suspected to be in violation hereof. The Consumer’s account will be terminated for any of the above infractions. • The Consumer shall not attempt to undermine the security or integrity of computing systems or networks of Docspert, its partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. • Docspert reserves the right to terminate any account which doesn’t follow our Terms and Conditions.

9. Electronic Payment

• You agree, understand and confirm that the credit card details provided by you for availing services of Docspert will be correct and accurate. You confirm that you shall not use credit cards that are not lawfully owned by you. • Docspert cannot assist with a stop payment request for any payment scheduled using a Payment Account credit/debit card. In any such case, you must immediately and directly contact your credit/debit card company/bank.

10.Payment Policy

• It is mandatory for the patients to maintain unique Transaction ID numbers, which would be provided at the time of placing a request. This number would be required to address any problems, if any.

11. Suspension due to non-compliance with Agreement

Docspert will make all possible efforts to provide you the best services for your payment. However, Docspert shall not incur any liability and shall declare any service guarantee void in event of one or more of the following circumstances: • If you have not provided accurate patient details including contact information (patient’s email and/or phone number), username and Payment account information. • If the transaction for payment doesn’t go through with your bank due to (including but not limited) insufficient funds, fraudulent access, failure of processing the request by our Affiliate merchants or your bank. • If circumstances beyond the control of Docspert (such as, but not limited to, fire, flood, or interference from external forces) prevent proper execution of the transaction. • If you don’t respond to requests of more information (if needed) by the specialists or doctors to make a consultation. We would intimate you the needful via email and/or phone and/or as a message in your Docspert account. • 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 Docspert.

12. Disclaimers

• You acknowledge that your use of the Docspert Services is solely at your own risk, and that you assume full responsibility for all risks associated therewith. To the extent that any of the Content included on Docspert is provided by third party content providers or other users, we have no editorial control or responsibility of such content appearing on Docspert. All information, products or services contained on or provided through this website are provided "as is", without any warranty of any kind, express or implied, to the fullest extent permissible under applicable law. Docspert and its Affiliates hereby disclaim all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, appropriateness, title, non-infringement and freedom from virus strains. • Without limiting the foregoing, Docspert and its affiliates make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Docspert products and services provided hereunder. Docspert makes no representations or warranties about the satisfaction of government regulations. • Docspert will take all necessary precautions to protect itself against failure of our hardware and our software. The Consumer acknowledges and agrees that temporary interruptions in service may occur, and that Docspert shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. Docspert makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. The Consumer acknowledges and agrees that in the event of failure, restoration of service may take several days.

13. Jurisdiction

• Any cause of action or claim you may have with respect to Docspert must be commenced within one (1) year after it arises, except to the extent such litigation is not enforceable. • To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the Docspert Services or website. • Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.

14. Right to Operational Functionality

Docspert reserves complete and sole discretion with respect to the operation of our Services. We may, among other things withdraw, suspend or discontinue any functionality or feature of our Services.

15. Right to Modify Terms of Service

• You agree and confirm that the Terms of Service may be amended from time to time without notice and take responsibility to update yourself periodically with the latest version available on Docspert website. Any such revision or change will be binding and effective immediately on release of the revised Agreement or change to the Service(s) on our website. Unless we notify otherwise, these terms incorporate and supersede any other terms associated with the Services. • Docspert has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions stated herein, without prior notice or warning. • Docspert may freely transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. This Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

16. Notice

Docspert may provide notice to you the Consumer, by e-mail to the e-mail address provided by you during registration, by a general notice on the Docspert Website. You may give notice to Docspert at any time via electronic mail to [email protected].

17. Assignment

We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and the Services under the new ownership. You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.

18. Entire Agreement

• These Terms of Use, together with the privacy policy, which shall be deemed to be a part hereof and incorporated herein by reference represent the complete agreement between you and Docspert concerning the subject matter hereof, and it replaces all prior oral or written communications (if any) concerning such subject matter. • The Terms of Use shall commence upon the date you use the site in any form. This Terms of Use and the licenses granted hereunder shall be terminated without notice in the event you (or any authorized person using your account) fail to comply with the Terms and Conditions of this Terms of Use or the rules for use of the Docspert service promulgated by Docspert from time to time. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. Upon any termination, you will destroy all copies of Docspert materials in your possession and cease any access to or use of the Docspert Services. Upon this suspension or termination we may delete information, files, and other previously available content to you including but not limited to information provided by you. Docspert shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. • The provisions of this Terms of Use 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 Docspert to exercise or enforce any right or provision of these Terms of Use 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. • Your affirmative act of using this Site and/or registering for the Site or the Services constitutes your electronic signature to these Terms of Use which shall be deemed to be a part hereof and incorporated herein by reference and your consent to enter into agreements with us electronically. • The User or Patient or Consumer : - Understand the risks and benefits of the online consultation. - Acknowledge and agree to assume the risk of the above mentioned limitations pursuant to the use of Docspert. I further understand and agree that no warranty or guarantee has been made to me concerning any consultation on particular diagnosis, result, treatment or cure of my condition. - I understand that the laws that protect privacy and the confidentiality of medical information also apply to Docspert, and that my information will be only used as defined by the Docspert’s Terms of Use and Privacy Statement. - I understand that the consultation through Docspert may involve electronic communication of my personal medical information to other medical practitioners who may be located in other areas. - I further understand that I am informed of presence of Third Party i.e. the consulting Physicians in the consultation and thus have the right to omit specific details of my medical history/physical examination that are personally sensitive to me and/or terminate the consultation at any time. If you do not agree to our terms of service and privacy policy, we kindly request you to not use this site. Copyright © 2020 Docspert All Rights Reserved.