Effective on Dec 14, 2018
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This agreement ("Terms of Service") is drafted in terms of the Information Technology (Intermediaries Guidelines) Rules, 2011 prescribed under the Information Technology Act, 2000 to govern the terms and conditions of use and access to the WhiteCoats application (“WhiteCoats App / App”). This agreement does not require any physical or digital signature, and the same shall be binding on you upon Your (as defined hereinafter) clicking on the “I Agree” button as requested on the registration page.
Our App is a digital platform helping various medical professionals such as doctors registered with Medical Council of India, dentists, physiotherapists etc. (“Medical Practitioners") to effectively communicate, collaborate and network using applications provided in various mobile and web platforms.
Our objective is to create a platform of choice for collaboration amongst the Medical Practitioners that enables them to be more effective and successful. Our Services (as defined hereinafter) are designed to improve the effectiveness for our members by enabling Medical Practitioners to connect, exchange ideas, learn, and find opportunities using a highly safe and secure network (“Service / Services”).
The Services may change from time to time, at the sole discretion of the company and it is your duty to periodically review this Terms of Service for applicable changes. Your use of this App even after posting changes to this Terms of Service by us constitutes your acceptance to those changes.
This Terms of Service apply to all users of the App. The Service may contain links to third party websites/app that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view upon, access through, or contribute to the service, privacy policies, or practices of any third party websites/app and are not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Moreover, the Company does not have any authority to edit content which 2 belongs to any third party website/app. By using the Service, you expressly relieve the Company from any and all liability arising from your use of any third-party website/app.
In order to access the features of the App, you will have to create an account in the App (“Account”). You may never use someone else’s Account without permission. When creating your Account, you must provide accurate and complete information. Since you know that the App has been designed for the sole purpose of use by Medical Practitioners, it is important that you submit genuine documents regarding your qualifications as a Medical Practitioner. If You provide any information that is untrue, inaccurate, not current or incomplete or the Company has the reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete or not in accordance with these Terms of Service, the Company reserves the right to indefinitely suspend or terminate or block your use or access to the App in any manner whatsoever. Should any other user or person act upon such untrue, inaccurate, not current or incomplete information provided or verified by You, the Company shall not be liable for any damages, losses, direct, indirect, immediate or remote, interests or claims etc., resulting from such information to You or to any third party. You shall be liable to indemnify the Company and related parties in accordance with the Indemnity clause contained in this Terms of Service.
You agree to the following by virtue of this Terms of Service:
To use the Services, you agree that: (1) you must be of “Minimum Age” (18 years or older); and (2) if you are a natural person, you must also be holding a medical degree which is recognized under Indian Laws or a corresponding degree under the applicable laws of the relevant jurisdiction or if you are a legal person, you must be registered with MCI or DCI or must have such certification as required under Indian Laws or relevant jurisdiction.
You are responsible for maintaining the confidentiality of your Account and password and for restricting others access to your mobile/tab/or any other device through which the App can be used and you agree to accept responsibility for all activities that occur under your Account or password, whether or not authorized by you. You shall immediately notify the Company of any actual or suspected unauthorized use of your Account or password.
You agree that we may communicate with you in the following ways: (1) a banner notice or a pop-up message on the Service, or (2) an email sent to the e-mail id provided by you, or (3) through other means of communication including texts and calls on your mobile number etc. You agree to keep your contact information up to date.
In the event, you do not wish to be contacted by us or you want to control and limit the nature of messages you receive from us, please write an email to us at email@example.com and we shall act accordingly.
Our App allows chatting and sharing of information in many ways, such as your profile, links to other content/article, case discussions, blogs etc. The content that you post or share is visible 3 to the other users of the App. However, you have the option to choose if certain information should be made visible to other users or not.
We are not obligated to publish any information or content on our App and can remove it at our sole discretion with or without notice.
You agree to the following by virtue of this Terms of Service:
Subject to your compliance with this Terms of Service, the Company hereby grants you permission to use the App, provided that:
You agree not to upload any bug or any software into the App that might cause any feature or any Service of the App to misbehave. You agree not to reverse engineer our system or commit any such act that might be inconsistent with the nature of the business of the Company. You agree not to spam, or solicit for commercial purposes, any users of the App. Solicitation of patients by Medical Practitioners through the App is also not allowed and by using the Services of the App you agree not to advertise until and unless it is allowed by the respective code of ethics applicable to you. You also agree to maintain the secrecy of information pertaining to your patients as per as the guidelines of Medical Council of India (“MCI”), Dental Council of India (“DCI”), as applicable, and in terms of all other laws / codes which is applicable to you directly or indirectly, now or hereafter. You shall also be solely responsible for procuring all necessary consents or permissions required from your patients, under applicable laws, to disclose any information pertaining to your patient. An image masking tool is provided to you as a feature of the App that you can use before sharing any identifiable image or any other document related to the patient.
Subject to applicable laws, we may modify, defer or stop any existing Services provided on the App, or may introduce fees for the new services including for any premium services provided or amend/introduces fee for the existing services prospectively, at our discretion, after giving a prior notice to you in this regard.
The extent of use of the Services of the App, including your ability to connect with other Members, can be restricted by the Company.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of any content:
The content that you post and the way you use them is your responsibility with following specific responsibilities:
Being the user of the App, you get the right to post content on the App. Once you have posted any content, you understand that it becomes public and is visible to all other users having access to the App and the Company is not responsible for maintaining confidentiality of the same.
You own the responsibility of your content, hence you agree that any consequences of posting such content on the App makes you liable and you affirm, represent, and warrant that you own or you have the necessary licenses, rights, consents, and permissions to publish such content.
By submitting your content on the App, you grant the Company and the other users of the App a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of display, publish, adapt, make available online or electronically transmit your content in any medium, as permitted under this Terms of Service. The license granted by you is perpetual and irrevocable.
You further understand that you are not allowed to post content that contain third party copyrighted material, or material that is subject to other third party proprietary rights. However, you can post content when you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material.
You further agree that you are not allowed to submit any content which is inconsistent with the essence of the principles as enumerated in the Community Guidelines, found at https://www.whitecoats.com/community-guidelines, which may be updated from time to time, or contrary to applicable local and national laws and regulations. The Company does not encourage any copyright violations on the App and that the Company has the right to remove all content if properly notified according to the provisions of Copyright Act, 1957 and Copyright Rules, 2013. The Company reserves the right to remove content without prior notice.
According to the provisions of Indian Penal Code, Indecent Representation of Women (Prohibition) Act, 1986 (“IRWPA”) and Information Technology Act, 2000 posting content which is either obscene or which portrays women’s figure or form of any women’s body in an indecent way or which is defamatory in nature is illegal and is liable for punishment. You confirm that you understand the above stated rule and you will not post any such content. Further you also understand that if in case you post any such content then in no way the Company can be held responsible as it comes under the definition of “intermediary” according to the provisions of Information Technology Act, 2000. You understand that the Company won’t be responsible for such activity by you and you can be punished by the competent authority under the penal provisions of the above mentioned Acts.
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item or services or choose a user name that belongs to another person and to which You do not have any right to is grossly harmful, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive or another’s privacy, hateful, insulting, hurting religious or other sentiments, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever.
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item or services or choose a user name that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit software viruses or any other computer resource, or contains any software that may damage, detrimentally interfere with, diminish value of, threatens the unity, integrity, security or sovereignty of India, friendly relations with foreign states, or public order or causes abetment to the commission of any offence or prevents investigation of any offence or is insulting any other nation or that is false, inaccurate or misleading, directly or indirectly, offers, attempts to offer, trade or attempt to trade in any item or service, the dealing of which is prohibited or restricted in any manner under the Indian laws.
The Company operates a clear copyright policy in relation to any content alleged to infringe the copyright of a third party. The Company shall remove the infringed content, upon receipt of written complaint from the owner of the copyright whose rights have been infringed, after following the procedure laid down in Rule 75 of the Copyright Rules, 2013.
WhiteCoats is a trademark of the WhiteCoats App. Most of the Services referenced on this App are trademarks of WhiteCoats App/ its parent / associate / affiliate / group companies. Other products/services and company names referred on the App are trademarks of their respective proprietors.
ALL THE CONTENTS OF THIS APP ARE ONLY FOR GENERAL INFORMATION OR USE. THEY DO NOT CONSTITUTE ADVICE AND SHOULD NOT BE RELIED UPON IN MAKING (OR REFRAINING FROM MAKING) ANY DECISION. ANY SPECIFIC ADVICE OR REPLIES TO QUERIES IN ANY PART OF THE APP IS/ARE THE PERSONAL OPINION OF SUCH MEDICAL PRACTITIONER. THE INFORMATION FROM OR THROUGH THIS APP IS PROVIDED ON "AS IS" BASIS, AND ALL WARRANTIES, EXPRESSED OR IMPLIED OF ANY KIND INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED AND EXCLUDED. CERTAIN LINKS ON THE APP MAY LEAD TO RESOURCES LOCATED ON SERVERS MAINTAINED BY THIRD PARTIES OVER WHOM THE APP HAS NO CONTROL OR CONNECTION, BUSINESS OR OTHERWISE AS THESE SITES ARE EXTERNAL. YOU AGREE AND UNDERSTAND THAT BY VISITING SUCH SITES YOU ARE BEYOND THE APP. THE APP THEREFORE NEITHER ENDORSES NOR OFFERS ANY JUDGMENT OR WARRANTY AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THE AUTHENTICITY/AVAILABILITY OF ANY OF THE GOODS/SERVICES/OR FOR ANY DAMAGE, LOSS OR HARM, DIRECT OR CONSEQUENTIAL OR ANY VIOLATION OF LOCAL OR INTERNATIONAL LAWS THAT MAY BE INCURRED BY YOUR VISIT AND/OR TRANSACTION/S ON THESE SITES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.THE COMPANY MAY NEED TO DISCLOSE YOUR PERSONAL AND OTHER INFORMATION PROVIDE BY YOU WHEN REQUIRED BY LAW, IN RELATION TO COMPLIANCE WITH A COURT ORDER, ONGOING JUDICIAL PROCEEDING, OR ANY OTHER LEGAL PROCESS OR TO EXERCISE LEGAL RIGHTS OF THE COMPANY OR DEFEND AGAINST LEGAL CLAIMS. THE COMPANY MAY ALSO DISCLOSE YOUR PERSONAL AND OTHER INFORMATION YOU PROVIDE TO A THIRD PARTY AS PART OF RE-ORGANIZATION OR A SALE OF ANY OR SUBSTANTIALLY ALL OF THE BUSINESS OF THE COMPANY. ANY THIRD PARTY TO WHICH THE COMPANY OR ITS SHAREHOLDERS TRANSFER OR SELL THE COMPANY’S SHARES OR ASSETS WILL HACVE RIGHT TO CONTINUE TO USE THE PERSONAL AND OTHER INFORMATION THAT YOU PROVIDE.
In no event shall the Company or its affiliates, service providers and internal service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited, to damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever) out of or in connection with the App, the pay facility, services provided by internal service providers on behalf of the App or the Company or any other services. The Company’s liability under all circumstances is limited to the amount of charges/fees, if any, paid by You to the Company. The Company, it associates, affiliates and internal service providers make no representations or warranties about the accuracy, reliability, completeness, and/or time-lines of any content, information, software, text, graphics, links or coomunications provided on or through the use of the App or that of the operation of the App or pay facility or that of any internal service provider will be error free or uninterrupted. The Company assumes no liability whatsoever for any monetary or other damage suffered by You on account of:
The App may provide, or third parties may provide, links to other worldwide sites or resources because the Company has no control over such sites and resources, You acknowledge and agree that the Company is not responsible or liable for any content, advertisements, products or other materials on or available from such sites or resources. You further acknowledge and agree that the App shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of reliance on any such content, goods or services available on or through such site or resource.
You agree to indemnify, defend and hold harmless the Company, its parent, subsidiaries, affiliates, internal service provider and their respective officers, directors, agents and employees from and against any and all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the App, the service, or any violation by you of this Terms of Service or Your violation of any applicable law, rules of regulations or the rights of a third party or resulting from untrue, inaccurate or incomplete information provided or verified by You.
This Terms of Service and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction
Any claim or dispute that arises out of or relates to this agreement, or the breach of it, the same shall be referred to a sole arbitrator nominated by the Company whose decision shall be final and binding upon the parties hereto. The place of arbitration shall be Hyderabad, Telangana, India. The Arbitration and Conciliation Act, 1996 shall govern the arbitration proceedings. The arbitration proceedings shall be in English language.
This Terms of Service shall be governed by and interpreted and construed in accordance with the laws of India. Any conflict between this Terms of Service and the applicable laws, the applicable laws will always prevail.
By accessing this App, you agree that all matters relating to your access to, or use of, this App shall be governed by laws applicable to jurisdiction applicable in Hyderabad. In case of any litigation, it is agreed by both the parties that only Courts in Hyderabad, Telangana, India will have exclusive jurisdiction to try any matter to the exclusion of all other Courts.
Along with the above mentioned terms and conditions of this Terms of Service, you also agree to the following terms:
In case of breach of the said terms, the Company will have the discretion to terminate Your account and de-register You as provided under clause 8 of this Terms of Service.
In accordance with Information Technology Act 2000 and Information Technology (Intermediaries Guidelines) Rules, 2011, in case of any grievance, objection or complaint on Your part with respect to the app, other users or the Company, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use the app, You should promptly raise such grievance or complaint with the below designated Grievance Officer to enable him to resolve the complaint:
Attn: Mr. Varun Prasad Vuyyuru
THIS DOCUMENT IS AN ELECTORNIC RECORD AS PER THE PROVISIONS OF THE IT ACT, 2000 AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.