The present document is the Terms & Conditions – (or "T&C", “Agreement”) is an agreement between you (the “User”, “Doctor”, Registered Medical Practitioner (RMP), “Health Care Provider (HCP)”, “Patient”, “End-User”) and Dandar Pharmaceuticals Pvt. Ltd. ("Dandar Health", “Company”).
The T&C Agreement contains conditions that you agree to follow while using mobile and web applications as well as our websites, including when you ask questions and when you view or input content on or into the Apps.
Registration on Dandar Health’s App amounts to verification that you have read and agree with the Terms & Conditions as well as the Privacy Policy which can be accessed herein.
These T&C and the Privacy Policy together constitute a legal agreement (“Agreement”) between you – the “user” – and Dandar Health in connection with your visit to the Website and your use of the Dandar Health’s App.
We May Update This Agreement
These Terms & Conditions are subject to change. The usage ofDandar Health Apps, Website and Clinics by you amounts to acceptance to these T&C’s, in case of revision and enhancement these T&C’s, your continued usage of Dandar Health Apps, Website and Clinics willamount to acceptanceof those changes.
You are free to decide whether or not to you use Dandar Health Apps, Website and Clinics.Incase, you do not agree to all of these Terms & Conditions, kindly refrainfrom usingDandar Health App and Website.
Applicability Of Terms
The Terms and Conditions Agreement applies to you if you are:
1. A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution interested to avail the services provided by Dandar Health Apps, Website and Clinics, authorised associates of such practitioners or institutions (“Health Care Provider”, “HCP/RMP”, “you” or “User”); or
2. A patient, their guardian, representatives or affiliates, consulting with Health Care Provider(s) (HCP/RMP) through the Website or App (“Patient”, “End-User”, “you” or “User”); or
3. Otherwise a user of the Apps, Website and Clinics (“you” or “User”).This Agreement applies to all services made available by Dandar Health on their Website, and their mobile and web Apps and Clinics.
Your Health, Your Choices
We are dedicated to enabling and empowering you to make smart choices for your health and well-being. Our mission is to provide you with a platform that empowers you to seek personalised and pertinent health advice and support your doctor-patient relationship by making it more accessible, affordable and intelligent.
DANDAR HEALTH PRODUCTS AND SERVICES:
Dandar Health For Doctors: Dandar Health offers Health Care Providers (“HCP/RMP”) a platform to set up and operate their online/virtual ‘clinics’ and offer their services to their patients. The platform includes features that allow doctors to maintain an online presence on the App, made available and accessible to other Users, answer patient queries, look up their patients’ medical profile and history during a consultation, and conduct paid consultations with their patients.
Dandar Health For Patients: Dandar Health (for patients, “Users”) allows Users to create and maintain an online account with up-to-date medical profiles, create and maintain a Care Team of their doctors and/or HCP/RMPs, seek health advice and request consultations with their doctors and/or HCP/RMPs for a fee.
Use of Dandar App
DandarHealth allows you to conduct an online consultation with your doctor or HCP/RMP. As such, on the Dandar Health platforms i.e.,Website, Apps and Clinics, an HCP/RMP may provide virtual consults, diagnosis, and prescriptions, as appropriate. You, the user, consent to Dandar Health transferring your consult queries to the HCP/RMP(s) selected and determined by you for the respective consult. You understand and agree that the information during these interactions is subject to our Privacy Policy.
Dandar Health, however, is not a substitute for a primary care doctor, or in-person health care interactions. You agree not to use Dandar Health as a substitute for a primary care doctor or in- person doctor visits. Diagnosis and prescriptions provided via the Dandar Health app are at the sole discretion of the HCP/RMPs using the platform. You understand and agree that any issues, questions, or concerns relating to these consults must be taken up directly with your HCP/RMPs.
Dandar Health is a platform for you to connect with your doctor and discuss topics related to your health and well-being. The Apps, and Dandar Health Platforms, do not take responsibility for the any advice given during the interactions on the Apps website and Clinic, and the agreement with and implementation of that advice is solely at the discretion of the Users.
NEVER USE DANDAR HEALTH (INCLUDING APPS OR WEBSITE) IN A POTENTIAL OR ACTUAL MEDICAL EMERGENCY.
DOCTOR-PATIENT RELATIONSHIP
While our platformssupport Doctor-Patient relationships, we do not create nor are responsible for doctor-patient relationships.
During your use of our Apps and website services, you may come across and/or receive content - text, data, graphics, images, information, suggestions, guidance, and other material – including information provided in response to your particular query by yourHCP/RMP(s). However, the provision or exchange of such information does not create a licensed doctor-patient relationship, between Dandar Health and you.
Health Care Providers on Dandar Health
While Dandar Health takes steps to verify the medical registration of doctors and HCP/RMPs using our platform to provide their services, we make no guarantees, representations, or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided by the HCP/RMPs on their profiles.
Dandar Health does not recommend or endorse any specific individual and/or HCP/RMP(s) that may be mentioned on the Apps, Website and Clinics. In no event will Dandar Health be liable to the user or anyone else for any decision made or action taken by the user or anyone else on basis of the information provided on the website or Apps or Clinics.
No medical, legal or any other decision shall be based solely upon the information provided through the Apps, Website and Clinics.
CONSULT FEES ON DANDAR HEALTH AND OTHER PAID SERVICES
Dandar Health is a platform that allows you to connect with and consult with your doctor(s) and/or HCP/RMPs. Your HCP/RMP may have a fee associated with the consultations they provide you on Dandar. The Apps provide a payment service to collect the consult fees from you on behalf of the HCP/RMP. Your payment is processed through secure third-party payment gateway services.
When you use Dandar or other paid services provided via our Apps or website, you understand that Dandar Health will collect payment from such services from you on behalf of the HCP/RMPs providing you the respective services.
You acknowledge that Dandar Health is not liable for the treatment or advice given during the consult (or other paid service) and cannot be held liable.
CANCELLATIONS AND REFUNDS
Under certain circumstances, you may be able to cancel a transaction on Dandar Health and be eligible for a full refund of your payment, including when:
1. You submitted a consult to an HCP/RMP, and they have not yet opened the message or responded to your query.
2. The HCP/RMP declined your consult request for any reason.
3. A technical glitch on the Apps or website caused your consult to not be submitted to the HCP/RMP.
However, we cannot address disputes or concerns you may have during or after a consult with your HCP/RMPs. Any requests for or expectations of refunds in this case must be taken up directly with your HCP/RMPs
MEDICAL ADVICE
The site or app and any related communication does not guarantee the accuracy or authenticity of the information. Use of any information appearing on the Apps, Website and Clinics is solely at the user's own risk.
The information and communication through the Apps, Website and Clinics is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified Health Care Provider with any questions the user may have regarding a medical condition. Dandar Health does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Apps, Website and Clinics. The Apps, Website and Clinics may contain health- or medical-related materials which the user may find offensive, then they may not want to use our Apps, Website and Clinics.
In no event will Dandar Health be liable to the user or anyone else for any decision made or action taken by the user or anyone else on basis of the information provided on the website or Apps or Clinics. No medical, legal or any other decision shall be based solely upon the information provided through this Apps, Website and Clinics.
DRUGS AND MEDICINES POLICY
The information about drugs, including generic drugs and vaccines, contained in the Apps and website is general in nature and is intended for use as an informational aid. It does not cover all possible uses, actions, precautions, side effects, or interactions of these medicines, nor is the information intended as medical advice for individual problems or for making an evaluation as to the risks & benefits of taking a particular drug. All such actions should be taken only under the advice of a qualified medical professional.
PAYMENTS & PURCHASES
You may decide to buy plans, products and services through our website or Apps or Clinics. Payment for such purchases is your responsibility and can be executed through different means - including (but not limited to) credit and debit cards, gift coupons, third-party payment services and gateways and in some cases cash.
You are responsible for providing valid payment information (for any of the payment means including but not limited to those mentioned above) at the time you purchase any plans, products and services.
You represent and warrant that you are an authorized user of such payment means, and you agree to pay all charges resulting from your transaction at the prices then in effect. You agree that Dandar Health may pass your payment information (e.g credit card, debit card etc.) and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized. The ultimate responsibility of payment lies with the purchaser of the plans, products and/or services.
The charges for any plans, products or services may attract taxes, cess or any other charges as levied by competent authorities in a given region. These additional charges will be borne by the purchaser and will be paid at the time of purchase.
Dandar Health reserves the right to modify or terminate membership plans, change prices, or institute new charges for any product or service at any time, with at least thirty (30) days' notice where applicable to existing customers.
COMMUNICATIONS TO THE USER
When you register on Dandar Healthwebsite or Apps or Clinics, we may communicate with you, including by sending information, correspondence, and notices to you. These communications may be sent via email, SMS (text message), push notification, any social media platform, or otherwise using contact information associated with your account, including information provided when you register or update information in your Account profile. These communications will not contain Personal Health Information.
When the user signs up for our email newsletters they will receive additional promotional emails from Dandar Health or our Sponsors, Partners and Associates. In order to subscribe to Dandar Health newsletters via email, we need the user’s contact information, like name and email address. You can opt out of promotional communications and control your communications preferences through your Account settings.
If you experience difficulties with our automated unsubscribe service, please contact us. Dandar Health will manually unsubscribe you from that newsletter.
YOUR ACCOUNT SECURITY AND PRIVACY
Accurate and complete registration information is required to use Dandar Health Apps, Website and Clinics. You, the user, are responsible for maintaining the confidentiality of your account access information and password. You are responsible for the security of your passwords and for any use of your account. You must immediately notify us of any unauthorized use of your password or account.
You are not permitted to allow any other person or entity to use your identity for using any of Dandar Health’s Apps and/or Websites.
To send us an email, use the "Contact Us"/Support/feedback links located on our website and Apps. You grant Dandar Health and all other persons or entities involved in the operation of the website and Apps the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the website and Apps. Dandar Health cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Dandar Health tools and services.
Terms Specific To Health Care Providers
Dandar Health for Doctors provides Health Care Providers (HCP/RMP) a platform to set up an online presence and use the Apps to connect with their patients and help those in need of health and well-being advice.
You, the HCP/RMP, hereby represent and warrant that you will use the Dandar Health Apps and services in accordance with applicable laws. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Dandar Health accepts no liability for the same.
HCP/RMP ONLINE PROFILE
The HCP/RMP is solely responsible for the authenticity and validity of the information they provide on their respective online profiles on Dandar Health Apps, Website and Clinics. HCP/RMPs agree to provide Dandar Health with the required information during the verification checks at the time of registration or any other verification check done later.
The HCP/RMP understands that the information provided by them via the Dandar Health for Doctors App (in particular the profile contents), or through the Company, may be made available to the general public, Dandar Health App users and that they have no objection to the same.
The HCP/RMP warrants that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using any of Dandar Health Apps, Website and Clinics. You confirm that no such content breaches any third party rights, including intellectual property rights. Should we be made aware of a breach of the foregoing representation, Dandar Health may modify or delete parts of your posted information at its sole discretion with or without any notifications to you, the HCP/RMP.
If Dandar Health determines that the HCP/RMP has provided inaccurate information or enabled fraudulent activity, Dandar Health reserves the right to immediately suspend any accounts on any of Dandar Health Apps and/or website. We may also make such declaration on the Apps and/or website against your Name, profile and/or listing for the protection of our business and in the interests of Users. The HCP/RMP shall be liable to indemnify Dandar Health for any losses incurred because of their misrepresentations or fraudulent activity that has adversely affected Dandar Health and/or its Users.
HCP/RMP SEARCH LISTING
In order for patients to find a HCP/RMP, Dandar Health offers a search function. All HCP/RMPs on the Dandar Health platform who satisfy the search criteria are listed on the search results. The search results listing do not represent any fixed objective ranking or endorsement by Dandar Health. The rankings are based on automated computations that include but are not limited to the relevance with search criteria, HCP/RMPs’ availability, and use of the Apps. We cannot be held responsible for the accuracy and the relevancy of the listing of the HCP/RMPs on the Apps or websites. Dandar Health is not liable and responsible for the ranking of the HCP/RMPs on external websites and search engines.
HCP/RMP ONLINE CONSULTS
HCP/RMP is solely responsible for the interactions with users via the Dandar Health Apps, Website and Clinics. As a Health Care Provider, you agree to perform your services and fulfil your obligations towards your patient (user) to the best of your skills and ability.
When any User contacts the HCP/RMP via the Dandar Health App, only the HCP/RMP shall be allowed to perform the services for the User, and the HCP/RMP may under no circumstances transfer the performance of their Services to any other person, whether under their supervision or not. The HCP/RMP accepts all responsibility and liability for the use of Dandar Health Apps, Website and Clinics, including the performance of its services by any other party claiming to be the HCP/RMP and agrees to indemnify Dandar Health against any claim or loss that may be faced by Dandar Health as a consequence of such use.
Any content, message or communication sent by a User to the HCP/RMP via Dandar Health Apps or website is based solely on information uploaded by the Users. Dandar Health is not responsible for any incompleteness or inaccuracy of such information, including if, as a result of the inaccuracy, a communication is sent to an unintended recipient
HCP/RMP CONSULT FEES COLLECTION AND TRANSFER
HCP/RMPs may charge a consultation fee for consults or interactions conducted with patients via Dandar Health Apps, Website and Clinics. The HCP/RMPs agree to allow Dandar Health to collect such payments on behalf of the HCP/RMP. Dandar Health will remit the amount to the HCP/RMP and deduct a certain portion of the amount paid as its fees for providing the services.
Dandar Health shall remit the fees to the HCP/RMP in accordance with the terms agreed between the HCP/RMPs and Dandar Health.
Dandar Health reserves the right to revise the fee terms at any time, at their discretion. The HCP/RMPs continued use of the services and Dandar Health for Doctors App shall constitute their consent to such revision.
HCP/RMP RESPONSIBLE USE OF THE DANDAR HEALTH APP
HCP/RMPs hereby agrees that they shall use the Dandar Health for Doctors App for the purpose specified in these Terms & Conditions and shall not use the Dandar Health for Doctors App for any unauthorized and unlawful purpose, including impersonating another person.
HCP/RMPs shall promptly renew their licenses required to provide medical services and notify Dandar Health of any updates or changes to their medical registration numbers and/or licenses.
The HCP/RMP confirms and warrants that they:
1. They are qualified to provide medical services within the territory of India
2. That they have obtained all licenses as required by law to provide medical services and have not committed any act or omission that might prejudice its continuance or renewal
3. That theyhave provided on Dandar Health’s App and Website true, accurate, complete, and up to date details about their qualification and credentials The HCP/RMP agrees that they shall abide by the applicable medical regulations including the code of professional ethics as prescribed under applicable laws, at all times.
HCP/RMP CONFIDENTIALITY OF PATIENT INFORMATION
The HCP/RMP agrees to hold all information provided by a User to them in strictest confidence, under all circumstances. HCP/RMP agrees that they shall not disclose any information or documentation provided by a User to any other person, nor shall they allow, by act or omission, such information or documentation to be acquired by any other person.
HCP/RMP TERMINATION OF ACCOUNT
Dandar Health reserves the right to terminate any account of HCP/RMP on any Apps and website including when:
1. The HCP/RMP breaches any terms as listed in the Terms & Conditions, the Agreement between Dandar Health&HCP/RMP, and/or privacy policy or applicable laws.
2. Dandar Health is unable to verify or authenticate any information provided to it by the HCP/RMP.
3. Dandar Health in its sole and absolute discretion believes that actions of the HCP/RMP may cause legal liability for Dandar Health and/or other Users, and/or may adversely affect the services rendered by Dandar Health.
Acknowledgements
We have attempted to provide acknowledgement of sources as references for text, but there is likelihood that several acknowledgements are not mentioned. The Company is certainly willing to correct omissions of citations & encourage our readers to email us with further information regarding the sources.
If the user believes any materials accessible on or from the website/Apps infringe their copyright, they may request removal of those materials (or access thereto) from the website/Apps by contacting Dandar Health and providing the following information:
Identification of the copyrighted work that the user believes to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that the user believes to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
User’s name, address, telephone number and (if available) e-mail address.
A statement that the user has a good faith belief that the complaint of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that the user has supplied is accurate, and indicating that "under penalty of perjury," the user is the copyright owner or is authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, Dandar Health maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the website/Apps who are repeat infringers.
Copyrights
Information on the Dandar Health website and Apps is for personal use & may not be sold or redistributed. To reprint or electronically reproduce any document or graphic in whole or in part for any reason is expressly prohibited, unless prior written consent is obtained from Dandar Health.
The Content is protected by copyright under both Indian and foreign laws. Title to the Content remains with Dandar Health or its licensors. Any use of the Content not expressly permitted by these Terms & Conditions is a breach of these T&C and may violate copyright, trademark, and other laws. Content and features are subject to change or terminate without notice in the editorial discretion of Dandar Health. All rights not expressly granted herein are reserved to Dandar Health and its licensors.
All content on the Dandar Health website and Apps including designs, text, graphics, pictures, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content") are the sole proprietary property of Dandar Health unless otherwise indicated. You do not have the right to modify, copy, perform, distribute, frame, reproduce, republish, upload, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, without Dandar Health's prior written consent as they are protected under applicable copyright laws and treaty provisions (including but not limited to applicable intellectual property laws).
Trademarks
We also own the names we use for our products and services on Dandar Health, and these names are protected by trademark laws in Indiaand internationally. Any use of our trademarks require our prior written approval.
USER PROFILE AND PRIVACY POLICY
Our website's and Apps' registration and query requires users to give us personal information such as their name, email and demographic information such as their address and telephone number. The user's personal information is used to contact the visitor as and when necessary. This personal information also allows us to inform the users about updates to the service and further additions on Dandar Health website and Apps. We collect personal information from user when they register on Dandar Health’s Apps, Website and Clinics, or when they submit a query to us. We maintain this information as private to the best of our ability.
User Conduct
User shall use the website and Apps for lawful purposes only. User shall not post or transmit through Dandar HealthApps, Website and Clinics, any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. User shall not use Dandar HealthApps, Website and Clinics to advertise or perform any commercial solicitation.
The user also understands that the company cannot & does not guarantee or warrant that files available for downloading through the service will be free of infection or viruses, worms or other code that manifest contaminating or destructive properties.
You may not access the Apps, Website and Clinics for any benchmarking or competitive purposes such as monitoring its availability, performance or functionality. You may not resell, redistribute, or put to any commercial use, any content or information from this app or site.
USER LICENSE
Provided that you are eligible for use of the website or Apps or Clinics,Dandar Health hereby grants you a limited license to access and use the website or Apps or Clinics and the Site Content solely for your personal, non-commercial use. You may not republish Site Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Unauthorized use may violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated here, nothing in these Terms & Conditions shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice and with or without cause.
Linking To Us
Usually, we don't mind if you have a simple link from your website to ours. However, you must first ask our permission if you intend to frame our site or incorporate pieces of it into a different site or product in a way that is not clear to our users. You are not allowed to link to us if you engage in illegal, obscene, or offensive content, or if the link in any way has a negative impact on our reputation.
LIABILITY
The use of the Dandar Health website and Apps and the Content is at your own risk. The providers of this website and Apps disclaim any & all liabilities arising directly or indirectly to anybody because of use of this website or Apps or Clinics.
Indemnity
You agree to defend, indemnify, and hold Dandar Health, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
In no event shall Dandar Health and its parent organizations, subsidiaries and affiliates, and each of their directors, officers, agents, consultants, contractors, partners, employees, suppliers and sponsors be liable to you or any third person for any indirect, consequential, punitive, special, incidental or exemplary damages of any type or kind, including loss of data, revenue, profits, or other economic advantage, arising out of or in any way connected with the website or Apps or Clinics , including for any content obtained through the service, any error, omission, interruption, deletion, inaccuracy, defect, delay in operation or transmission, communications line failure, technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer equipment, software, failure or email or players on account of technical problems or traffic congestion on the internet or at the app or website or combination thereof, even if Dandar Health has been previously advised of such damages or has been previously advised of the possibility of such damages. Under no circumstances will Dandar Health be responsible for any loss or damage, including any loss or damage to any user content or personal injury or death, resulting from anyone's use of the Apps, website or any user content posted on or through the Apps or website or transmitted to users, or any interaction between users of the app or website, whether online or offline even if Dandar Health has been previously advised of such damages or has been previously advised of the possibility of such damages.
Dandar Health does not represent or warrant that software, content or materials on the Apps or website are accurate, complete, reliable, current or error-free or that the Apps, website or its servers, or any platform applications are free of viruses or other harmful components. The Apps, website and all content are provided to you strictly on an "as is" basis. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software from or through the Apps or website at your own discretion and risk and that you will be solely responsible for your use thereof and any injury or damage to your or to any person's computer, or other hardware or software, related to or resulting from using or downloading materials in connection with the app or website, theft or destruction or unauthorized access to, or alteration of the app or website, loss of data or other harm of any kind that may result. The app or website may be temporarily unavailable from time to time for maintenance or other reasons.
Force Majeure
Dandar Health shall not be liable for any failure or unavailability of the app or site as a result of the loss or destruction of data, the deletion or corruption of storage media, power failures, unavailability of suppliers or any other event beyond its control.
Invalidity
If any one or more of the provisions contained in the T&C Agreement should be determined to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of the Agreement shall not in any way be affected or impaired thereby.
Governing Law
This Agreement shall in all respects be governed by and be construed in accordance with the laws of the State of Jharkhand and applicable laws of India therein.