Terms and Conditions

The terms and conditions are set forth in this agreement, without any impairment in judgment.

By accepting these Terms and Conditions, I warrant that I have fully read and understood the Terms and Conditions as set forth in this agreement, without any impairment in judgment.

We request you to carefully go through these Terms and Conditions before you decide to avail the Services of MakeMy DOC. By registering with the Company to avail our Services, you irrevocably accept all the obligations stipulated in these Terms and Conditions and agree to abide by them. Accessing the Website through any medium, including but not limited to mobile phones, smart phones and tablets, are also subjected to these Terms and Conditions. These Terms and Conditions supersede all previous oral and written terms and conditions (if any) communicated to you. By using this Website, you signify your agreement to these Terms and Conditions as well as the Website’s www.MakeMyDOC.com (which is hereby incorporated by reference herein).

We reserve the right to modify or terminate any portion of the Website or the Services offered by the Company for any reason, without notice and without liability to you or any third party. To make sure you are aware of any changes, please review these Terms and Conditions periodically.

The Website should not be used in cases of medical emergencies and MakeMy DOC does not, and should not be considered in any form to be a substitute for a doctor or a hospital. We encourage you to independently verify any information you see on the Website with respect to a doctor or healthcare provider that you seek to make an appointment with.

1. Registration: To register onto the Website, a user will have to provide information such as his/her name, email address, phone number, Aadhaar number, License number and medical information. We request you to please safeguard your password to your account on the Website and make sure that others do not have access to it. It is your responsibility to keep your account information safe and current.

2. Sharing of Information uploaded by you on the Website: Unless you specifically consent to share information, medical or otherwise, with either doctors or doctor assistants, MakeMy DOC does not share such information that you upload on the Website. While MakeMy DOC takes utmost care with respect to the security of the information you decide to share, you understand that any information that you disclose on the Website is at your own risk. In the event you do not trust MakeMy DOC with such information, please do not share such information on the Website.

While MakeMy DOC attempts to protect any information uploaded or shared by you on the Website, you understand that MakeMy DOC shall not be held liable or responsible for the loss or damage to such information on the Website. It is your responsibility to ensure that you have all your information, medical or otherwise, stored on your hard drive. You hereby agree not to use the Website as a “data room” to store your medical / health records.

3. SMS Messages Received From the Website:You understand that once you register as a MakeMy DOC User on the Website, you will receive SMS messages from MakeMy DOC on your registered mobile number. These messages could relate to your registration that you carry out through the Website that are undertaken by MakeMy DOC. It is your responsibility to ensure that you provide the correct number for the transaction you wish to enter. Further, MakeMy DOC may also send notifications and reminders to you with respect to appointments scheduled for the Services that you have subscribed to on the Website. Please note that while MakeMy DOC attempts to provide these notifications and reminders to you promptly, MakeMy DOC does not provide any guarantee and shall not be held liable or responsible for the failure to send such notifications or reminders to you. It is your responsibility to ensure that you attend any appointments scheduled with a doctor or a health care provider through the Website.

4. Clinical Support Information: We may provide information to assist you, but are not responsible for the accuracy or completeness of information available from or through our Website. You assume full risk and responsibility for the use of information you obtain from or through this site, and you agree that MakeMy DOC is not responsible or liable for any claim, loss, or liability arising from the use of the information. You agree to review the definitions, functionality, and limitations of the Services, and to make an independent determination of their suitability for your use.

5. No Doctor – Patient Relationship: Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (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 licensed medical professional/patient relationship, between MakeMy DOC and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner. 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. We do not in any way endorse any individual described herein. 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.

6. No Medical Advice Provided: Please note that we do not recommend or endorse any doctors, health care providers, procedures, opinions, or other Information that may appear on the Website. If you rely on any of the Information provided by the Site, you do so solely at your own risk. The Information that you obtain or receive from MakeMy DOC, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. All medically related information comes from independent health care professionals and organizations which are registered with MakeMy DOC and to whom certain specific terms and conditions apply. These terms and conditions can be accessed www.MakeMyDOC.com. The Information provided on the Website and in any other communications from or provided through MakeMy DOC is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare professional because of advice that you may have obtained through the Website. Your use of Information provided on the Website is solely at your own risk. Nothing stated or posted on the Website or available through any Services is intended to be taken as the practice of medicine or the provision of medical care.

7. Emergency Assistance: Please note that emergency assistance service is provided by trained nursing medical faculty and is just for the sole purpose of providing emergency medical advice. Emergency assistance service does not entitle one to any ambulance services, first aid services or any clinic, nursing home, hospital or any medical faculty treatment services. If you rely on any information provided by medical faculty, you do so solely at your own risk. The Information that you obtain or receive from MakeMy DOC, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. All medically related information comes from independent health care professionals and organizations which are registered with MakeMy DOC and to whom certain specific terms and conditions apply.

8. Termination: The Company reserves the right, in the event you breach these Terms and Conditions stipulated herein, to suspend and/or terminate your access to the Website with or without your notice. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access to the Website. Upon suspension or termination, your right to procure the Services on the Website shall immediately cease and the Company reserves the right to remove or delete your information that is available with the Company, including but not limited to login and account information.

9. Limitation of Liability: You expressly understand that under no circumstances, including, but not limited to, negligence, shall the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, remote or consequential damages including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to: The use or the inability to use the Website and / or Services; or The cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained through the Website and/or Services The cost of procurement of substitute goods and services resulting from any messages received or transactions entered into through the Website and / or Services; or Unauthorized access to or alteration of your transmissions or data; or Any other matter relating to the Website and / or services.

To the fullest extent permitted by law, in no event will the Company or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, whether or not the Company has been warned of the possibility of such damages. Notwithstanding anything to the contrary in these Terms and Conditions, the Company’s liability under these Terms and Conditions shall in no event exceed the Service fee amounts collected from you by MakeMy DOC, but excluding any amounts collected by it for and on behalf of the doctor or health care professional or a service provider as a collection agent, for the provision of any clinical service by such professional or service provider.

(a) You are a resident registered under your profile and has paid and taken the applicable membership fee to receive MakeMy DOC services on your behalf and that your use of the Website shall not violate any applicable law or regulation;

(b) All registration information any institution, professional or a user submits is truthful and accurate and that you agree to maintain the accuracy of such information;

(c) Your registration on the Website is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.

(d) Your personal and non-commercial use of this Website shall be subjected to the following restrictions:

(e) You may not modify any content of the Website;

(f) You may not decompile, reverse engineer, or disassemble the content;

(g) You may not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content

(h) You will not:

(i) Use the Service available on the Website for commercial purposes of any kind; or

(j) Use the Website and/or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion.

(k) You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component.

(l) You will not impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website and/or the Services.

(m) You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet.

(n) You will not delete or modify any content of the Website and/or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

(o) The Company cannot and will not assure you that other MakeMy DOC Users are or will be complying with the foregoing rules or any other provisions of these Terms and Conditions, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

(p) All information, content and material contained in the Website and/or Services are the Company’s intellectual property. All trademarks, services marks, trade names, and trade dress are proprietary to the Company. No information, content or material from the Website and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Company’s express written permission.

(q) You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by the Company and different Terms and Conditions and Privacy Policy may apply. By accessing links to other sites, you acknowledge that the Company is not responsible for those sites. The Company reserves the right to disable links from third-party sites to the Website, although the Company is under no obligation to do so.

(r) You expressly understand and agree that:

(s) The information, content and materials on this Website and/or Services are provided on an “as is” and “as available” basis. The Company and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

(t) The Company does not warrant that the functions contained in content, information and materials on the Website and / or Services, including, without limitation any third party sites or services linked to the Website and / or services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components.

(u) Any material downloaded or otherwise obtained through the Website and / or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.

(v) You hereby indemnify, defend, and hold the Company, the Company’s distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective re-sellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Website.

11. Applicable Law: The interpretation of this Agreement and the resolution of any disputes arising under these Terms and Conditions shall be governed by the laws of India. If any action or other proceeding is brought on or in connection with this Agreement, the venue of such action shall be exclusively at Ludhiana, Punjab, India.

12. Arbitration: Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms and Conditions to arbitrate, or to your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a single arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be Ludhiana, Punjab, India. 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. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with Clause 11(a).

13. Severability: If any provision of these Terms and Conditions is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms and Conditions. However, the remainder of these Terms and Conditions 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 these Terms and Conditions shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law

14. Notices: All notices and other communications required or permitted here-under to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally recognised courier, or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision: MakeMy DOC, B-1, 630/6 Bindraban Road, Civil Lines, Ludhiana, Punjab, India or mail-to:- care@makemydoc.com

15. Waiver: No term of these Terms and Conditions shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

16. Complete Understanding: These Terms and Conditions contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of these Terms and Conditions other than those contained or referenced in these Terms and Conditions.

(a) Having fully read these Terms and Conditions in its entirety;

(b) Having had full opportunity to study and review these Terms and Conditions;

(c) Having been advised that counsel for us has acted solely on our behalf in connection with the negotiation, preparation, and execution of these Terms and Conditions;

(d) Having been advised that all parties have the right to consult and should consult independent counsel respecting their rights and duties under these Terms and Conditions;

(e) Having had access to all such information as has been requested.

You have read these Terms and Conditions and agree to all of the provisions contained above.