Terms of Service

The application is constantly reviewed by our internal teams to ensure we deliver the right benefits to our customers and avoid any mis-use of our services.

The User's Docbrella Wallet balance amount shall expire in the event said wallet amount is unutilized for a period of one year from the date of crediting the amount in the said wallet. Amount credited to the wallet through gift card redemption by the User is exempted and gift card terms shall be applicable in this regard.

Without limiting any other provisions of these Terms, you may not use this Application for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this Application may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason.

Payment for Service

Some parts of the Service are chargeable as may be specified from time to time. We will tell you about applicable charges for any paid Service and the payment terms presented to you when you use or order a paid Service are deemed part of these Terms of Use. As a convenience to you, we also collect payments due to medical practitioners, pharmacies and diagnostic laboratories / centres for their services that you avail or book through the Service. Subject to receipt of the payments from you, we will be responsible to pass on the payments due to these third parties. We reserve the right to change our charges and payment terms at any time provided however that the new charges will not be applicable to orders accepted before the change is notified. If you don't pay for paid Service on time, we reserve the right to suspend or cancel your order for the said Service or to not provide you with the ordered Service. We shall not be responsible for any Service that is not provided to you if you fail to pay the applicable charges for the same. Charges paid are non-refundable except in our sole discretion.

We use a third-party payment gateway for processing payments due to us. The processing of payments will be subject to the terms, conditions and privacy policies of the payment gateway, in addition to these Terms. We don’t control and are not liable for the security or performance of the payment gateway. You agree to pay us, through the payment gateway, all charges at the rates then in effect for any purchase in accordance with the applicable payment terms. We reserve the right to correct, or to instruct our payment gateway to correct, any errors or mistakes, even if payment has already been requested or received.

We do not store any payment details including but not limited to net banking, Credit card or Debit card details.

Website Security

The App shall undertake necessary processes to secure the data provided by the User. The App currently, encrypts the data provided with 256-bit encryption and stores it in a private cloud with SSL Security Protocols.

Privacy

The Parties shall not disclose any sensitive personal data or personally identifiable data to a Third-Party unless such disclosure is mandated by the law in force or by an Order of any jurisdictional Court of law or forum or regulatory authority or any enforcement judicial or quasi judicial body. The Parties shall be required to send a notice to the relevant party when data other than sensitive personal data or personally identifiable data is to be disclosed to a Third Party. Your data will be processed by us as per applicable laws and our privacy policy available at our website.

The App shall diligently undertake processes and procedures to protect the privacy of the data collected from the User.

The App shall not be liable for the disclosure of sensitive personal data or personally identifiable data by the User.

The App shall not be liable for the disclosure of sensitive personal data or personally identifiable data caused due to circumstances beyond the control of the App.

Refusal of Services

The App reserves the right to refuse its services to any of the Parties for any reason whatsoever.

The App also reserves the right to refuse services if the User fails to adhere to or violates the Terms of Use or any change/amendment/modification made to the Terms of Use or does any act or omission including but not limited to resulting in harassment or misconduct by the User.

In the event that the User has availed the services of the App to secure an appointment with the HCP and subsequently the HCP refuses to provide his/her services to the User, the App shall not be held liable.

In the event User makes avail the App to unauthorised Users other than what is agreed in the App.

In the event the Patient is not present himself or herself while availing the Services vide the App, Phasorz may refuse to provide the Services to the representative of the Patient, if any, except when the presence of such Patient is not possible due to medical reasons or if the said Patient is legally incompetent to avail the Services by himself or herself.

Termination

The App shall have the right to terminate the contract if the User violates the Terms of Use as stated herein.

The App further reserves the right to terminate the contract with the User without any further liability for whatsoever reason stated under the Terms of Use and hereunder including but not limited to:

Violation of the laws in force;
Complaints of indecent behavior;
Providing fraudulent and/or misrepresented information/details;
Suspicion of any illegal activity being conducted;
Any other activity which is punishable by law.
Alleged misconduct or harassment.
The App shall retain the right to terminate this agreement for convenience, with or without giving notice to the User.

Third Party Links & Advertisements

The Service may contain links to third party websites/applications and third-party advertisements, that are not maintained or controlled by us. Third party links and advertisements are provided for your convenience only and does not imply endorsement or any representation or warranty by us to content, goods or services that may be offered by these third parties.

When you click on any of these third-party links, you are leaving the Service and will be subject to the terms of use and privacy and security policies of the third-party site. You link to any such third-party website /applications entirely at your own risk.

Indemnification

Each Party (Indemnifying Party) shall indemnify the other Party (Indemnified Party), any damage, loss or harm caused by negligence, fraud, misrepresentation or wilful misconduct of the Indemnifying Party amounting to breach of the Terms of Use, from and against any action, claim or proceeding brought by a Third-Party.

Nothing in this Terms of Use shall be taken to exclude or limit User’s liability under or arising out of the Terms of Use or use of the App whether based in contract, tort (including negligence and strict liability) or otherwise to the extent that such liability cannot be excluded by law.

Entire Agreement

The Terms of Use shall comprise the entire agreement between the Parties and shall define the rights and obligations of the respective Parties with regard to the subject-matter of the Terms of Use.

The Terms of Use shall override and extinguish any previous agreements and understandings among the Parties, whether oral or written, in relation to the subject matter hereof.

Assignment

The Parties to this Agreement shall not transfer their rights or obligations, either in whole or in part, as envisaged in the Terms of Use to a Third Party without the explicit written consent of the other concerned Parties to this Agreement.

Notices

The Parties shall be required to communicate any notices, requests, demands and/or other communications related to the subject-matter of the Terms of Use with the other Party in writing, either by post or by electronic mail.

The said written communication shall be deemed to be complete and effective:
(a) as against the Party who sends it - at the time when the said communication is transmitted;
(b) as against the Party to whom it was sent - at the time when the said communication is received.
(c) The said communication shall contain the name, contact number, and address of the Sender.

Jurisdiction, Mediation, and Arbitration

The disputes arising in relation to the subject matter of the Terms of Use shall be first submitted to Mediation in Bangalore. If the dispute remains unresolved, it shall be submitted to Arbitration in Bangalore to be adjudicated by sole Arbitrator appointed by NKRS HEALTHTECH PRIVATE LIMITED. The award by the said Arbitrator shall be final and binding to all the parties herein.

The adjudicating authorities of Bangalore shall have exclusive jurisdiction over all disputes arising out of the Terms of Use.

Advertisement Policy

For Third Party Advertisements

The App shall not be liable for any advertising representations made by the Third Party and/or the quality and authenticity of the products or services advertised.

The App does not endorse or support the content of Third Party Advertisements.

For advertisements by the App

The contents of the advertisement are meant only for commercial and promotional purposes. The App shall not be responsible for any harm, damage or loss caused by reliance on such representations that amount to puffery.

Severability

Any clause or part of a clause of the Terms of Use which is found to be illegal, void or unenforceable due to the law in force or by a decision of any competent Court of law, shall be deemed ineffective and severed from the rest of the Terms of Use

Survival

The obligations of the Parties under the Terms of Use with regard to the maintenance of confidentiality and privacy of sensitive personal data or personally identifiable data shall survive the termination/completion/lapse of the Terms of Use

Confidentiality

The Parties acknowledge and agree that any information provided in relation to the User’s sensitive personal information or personally identifiable information shall be confidential. Such confidential information shall not be communicated to a Third Party without the consent of the User unless

Such information is already accessible in the public domain;
Such information is mandated to be disclosed by any relevant laws, government mandates or Court orders;

Such information is required to be disclosed by the App to its legal counsel who shall, in turn, be bound by the confidentiality clause as envisaged in this agreement.

Change/Amendment/Modification

The App reserves the right to effect any change, amendment or modification to the Terms of Use, with or without notice to the User. The said change, amendment or modification shall be applicable to and enforceable by all the Parties as a part of the Terms of Use, from the date such change, amendment or modification is published by the App.

The Terms of Use prior to the change, amendment or modification shall cease to exist and shall be deemed to be supplanted by the changed, amended or modified Terms of Use. The changed, amended or modified Terms of Use shall thereafter govern the rights and obligations of the Parties.

Force Majeure

The App shall not be liable for any delay caused in performance or non-performance of any part of the Terms of Use arising out of circumstances beyond the control of the App and not due to willful misconduct, fraud, misrepresentation or negligence of the App.

The circumstances beyond the control of the App shall deem to include, but is not limited to, interruptions, difficulties, loss or malfunction of utilities, software or hardware; Acts of God; Civil Unrest; War; etc.

Disclaimers

Website Disclaimer

The information provided by NKRS HEALTHTECH PRIVATE LIMITED ("we," “Docbrella,” "us," or "our") on http://www.Docbrella.in and our mobile application (Together referred as Website/Application) is for general informational purposes only. All information on the Website is provided in good faith, however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Website. Under no circumstance shall we have any liability to you for any loss or damage of any kind incurred because of the use of the Website or reliance on any information provided on the Website and our mobile application. Your use of the Website and your reliance on any information on the Website and is solely at your own risk.

External Links Disclaimer

The Website may contain (or you may be sent through the Website or our mobile application) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the website or feature linked in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

Testimonial Disclaimers

The Website may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. Your individual results may vary.

The testimonials on the Website are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Website verbatim as given by the users, except for the correction of grammar or typing errors.

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions and individual providing testimonials should not be held liable for the content of their testimonies.

The testimonials on the Website are not intended, nor should they be construed, as claims that our products and/or services can be used to diagnose, treat, mitigate, cure, prevent, or otherwise be used for any disease or medical condition. By reading or relying on the testimonials, you acknowledge and agree that they are not a substitute for professional advice or evaluation, and you use the information at your own risk.

Legal Compliance

The Parties shall comply with all relevant laws, bye-laws, rules, regulations, orders, notifications, judgments and decrees in force, applicable to it and its business operations enforced either by the Union Government and/or by the respective State Governments, in their respective jurisdictions.

Grievance Redressal

If you have any concern or grievance with respect to the Service, please e-mail us at grievance@docbrella.in and we will study the matter and take such action as we deem appropriate under the circumstances.

I have read and understood these Terms of Use (including the Privacy Policy and other notices on the Website/App) and agree to all of the provisions contained therein.