Terms and Conditions

Welcome to www.Daktarz.com. Dakters Software Consulting Private Limited registered at 1319, sector - 22-B, Chandigarh-160022 is the owner of Daktarz.com and the mobile application DAKTARZ and also owns and operates the services provided through the DAKTARZ.
Please carefully go through these terms and conditions and the privacy policy before you decide to access the Website or avail the services made available on the Website www.Daktarz.com. These two together constitute a legal agreement ("Agreement") between you and Daktarz in connection with your visit to the Website and your use of the Services.
The Agreement applies to you whether you are -
1. A health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (Practitioner(s)", "you" or "User"); or
2. A patient, his/her representatives or affiliates, searching for Practitioners through the Website ("End-User", "you" or "User"); or
Otherwise a user of the Website ("you" or "User").
The Services may change from time to time, at the sole discretion of Daktarz, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@Daktarz.com.
By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of Daktarz.com.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
the Indian Contract Act, 1872,
the (Indian) Information Technology Act, 2000, and
the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").
Use of Website:
This website Daktarz.com is accessed by all Users (Registered, Non-Registered User) and Health Care Provider. 1. You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.
2. You will not deliberately use the Website in any way that is unlawful or harms Daktarz, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Website.
3. You understand that as part of Your registration process as well as in course of Your use of the Website, You may receive SMS messages from Daktarz on Your registered mobile number. These messages will relate to Your registration, transactions that You carry out through the Website and any such information found suitable of Your attention by Daktarz. Please note that Daktarz will send these SMS messages only to the mobile number that You provide on the Website. It is Your responsibility to ensure that You provide the correct number for the transaction You wish to enter into. Further, Daktarz may also send notifications and reminders to You with respect to appointments scheduled by You for the features that You may be using on the Website. You hereby consent to receive such messages from Daktarz.
4. By using the website and/or registering yourself at Daktarz you authorize us to contact you via email or phone call or sms and offer you services for the product you have opted for, imparting product knowledge, offer promotional offers running on website, for which reasons, personally identifiable information may be collected as detailed below. And Irrespective of the fact if also you have registered yourself under DND service, you still authorize us to give you a call from the Daktarz & associate partners for the above mentioned purposes.
Use by Registered User:
1. You acknowledge that this Website is an informative platform only. This Website is not in the business of providing healthcare service or hospital services.
2. We encourage You to independently verify any information You see on the Website including information provided by a Health Care Provider. You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.
3. The Website allows You to select and schedule appointments with Health Care Provider. In doing so, Daktarz can help providing You with lists and/or profile previews of Health Care Providers who may be suitable to deliver the health care that You are seeking based on information that You provide to Daktarz (such as area of specialty and geographical location).
4. Please note that Daktarz
(i) does not recommend or endorse any Health Care Providers mentioned on the Website; and
(ii) does not make any representations or warranties with respect to Health Care Providers or the quality of the healthcare services they may provide, and
(iii) does not grade physicians.
5. You will obtain all relevant consents and approvals prior to posting or providing any User Content.
6. You may schedule an appointment on the Website for Your family members and friends. However please note that such You will be solely responsible for any activity that is undertaken through his/her account on behalf of his/her family members and friends.
7. You have the option of giving Your identifiable health information including physical, physiological and mental health condition, and medical records and history on the Website which may be accessed by the Health Care Provider at the time of interactions using the Website.
8. Daktarz will levy an advance internet handling fee for each private interaction that You have with an Health Care Provider through the Website. Daktarz will also collect the consultation fee payable to the Health Care Provider in advance on behalf of Health Care Provider and pay to Health Care Provider without retaining any share from fees. 9. You may use the Website to order Lab Tests from registered diagnostic Labs. The Website allows You to schedule a time for a home sample collection and pay the corresponding Lab Test fee. If you cancel a Lab Test order prior to the sample collection, you will receive a full refund of the Lab Test fee. If you cancel a Lab Test after the sample collection, no refund will be made.
Use by Non-Registered User:
1. Daktarz will provide You with lists and/or profile previews of Health Care Providers based on information that You provide to the Website's search features (such as area of specialty and geographical location). Please note that Daktarz (i) does not recommend or endorse any Health Care Providers mentioned on the Website; and (ii) does not make any representations or warranties with respect to these Health Care Providers or the quality of the healthcare services they may provide.
Use by Health Care Provider:
1. Platform to publish profile: You may upload Your profile containing Your name, qualification, experience, specialization, consultation fees, personal statement, education, professional memberships etc. on Website. Your profile is accessible to all Registered as well as Non-Registered Users.
2. Platform for private interaction: You may use Website for private interaction with Registered Users. In course of the private interaction, You can exchange texts, images, videos over the chat feature of the platform and communicate through other means provided by the Lybrate such as calls.
3. Platform to receive consultation fees for non-Website interaction: You may use the Website to receive fees for Your interactions with Registered User outside the Website / offline.
4 Platform to provide information to questions to health related questions submitted by Registered Users: You may provide Your preliminary and generic information to health related questions submitted by Registered Users.
5 Platform to publish Health Care Provider contribute health related information and education material:
Use of App in Emergency:
DAKTARZ just provides a platform to have the database and get you connected to Healthcare professionals in your vicinity and send notification to them via APP. It doesnt hold any reponsiblity if Healthcare professionals don't respond to the notification or call in emergency. If Healthcare professional is not registered in your area then Daktarz doesn't not responsible if you don't get access in that case. This Emergency notification we will send notification to the healthcare professionals in 5Km of radius if they don't respond then Daktarz don't hold any responsibility for the same as well. In case of Home or Emergency visit of a doctor through DAKTARZ, It becomes the responsibility of the user to check the authenticity of the Healthcare provider by checking their ID with the medical registration and everything which verifies their identity. DAKTARZ holds no liability if something happens between user and medical practitioner as if Healthcare practitioner not able to reach on time or mishappening did happen in that time, Daktarz hold no responsibility to that. It is just providing the platform to get connected to the healthcare practitioner from our database.
Warranty:
By Using This Website You warrant That:
1. You are 18 years of age or older and that Your use of the Website shall not violate any applicable law or regulation;
2. All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
3. You as a Registered or Non-Registered User will use the Website solely for Your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
4. Your use of this Website shall be subjected to the following restrictions:
a. You will not delete or modify any content of the Website 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; b. You will not manipulate the content, or
c. You will 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.
5. You will not 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.
6. 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.
7. You will not host, display, upload, modify, publish, transmit, update or share any information that —
(a) belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Indemnification:
You hereby indemnify, defend, and hold Daktarz, the Daktarz's distributors, agents, representatives and other authorized users (Registered and Non-Registered Users, Health Care Providers), and each of the foregoing entities harmless from and against any and all losses, damages, liabilities and costs arising from
(i)Your use of the Website
(ii) Your breach of provisions of this Agreement and
(iii) any negligent or intentional wrongdoing on Your part.
Termination :
Daktarz reserves the right, in the event of the breachment of the Agreement, to suspend and / or terminate Your user account and/or access to the Website by blocking Your IP address or email id with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating Your user account and/or Your access to the Website. Upon suspension or termination, Your right to use the features 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.
Upon user account termination or suspension, regardless of the reasons therefore, Your right to use the Website, User Content, Health Care Provider Content or Daktarz Content immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or this site. Daktarz shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension of Your user account or any other actions taken by Us in connection with such account termination or suspension.
Governing Law And Jurisdiction:
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement will be tackled according to the laws of India.
MODIFICATIONS:
Daktarz reserves the right to modify any part of the Agreement at any time without giving You prior notice.
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 this Agreement to arbitrate, or to Your use of the Website or its features or the information to which it gives access, shall be determined by arbitration in India.
Disclaimers:
1. Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement 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 the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
2. Notices: All notices and other communications required or permitted hereunder 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-recognized 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:
If to Daktarz:
Dakters Software Consulting Private Limited,
1319, Sector - 22 - B
Chandigarh - 160022
If to You:
at the email address provided by You to us when You register at www.Daktarz.com .
3. Waiver: No term of the Agreement 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.
4. Complete Understanding: The Agreement 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 the Agreement other than those contained or referenced in the Agreement.
5. Force Majeure: Daktarz shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond Daktarz's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
6. Advice of Counsel: Each Party acknowledges: (a) having fully read the Agreement in its entirety; (b) having had full opportunity to study and review the Agreement.
7. Advertisement: Daktarz shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website.
8. Assignment: You may not assign or sub-license, without the prior written consent of Daktarz, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
Cancellation and Refund Policy:
1. In the event that, the Practitioner with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at support@daktarz.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded. However, where cancellation charges have been levied (as charged by the Practitioner), you would not be entitled to complete refund even if you have cancelled beforehand. You are allowed a period of seven (7) days to report any consult as incomplete or unsatisfactory, and request for a refund. No refund requests shall be entertained thereafter.
2. Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.
3. Conflict: DAKTARZ reserves the right to make the final decision in case of a conflict.