This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable. This electronic record is generated by a computer/electronic system and does not require any physical or digital signatures.
1.1. Docus Inc., a company incorporated under the laws of Delaware, US, bearing registration number 6105892, and having its registered office at 2810 N Church St, Wilmington, DE 19802, US (“Docus” / “Us” / “We” / “Our”), which expression shall, unless it is repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns), and you or the entity you represent (“Client” / “You” / “Yours”), which expression shall, unless it is repugnant to the context or meaning thereof, be deemed to mean and include its successors and permitted assigns).
1.2. Docus is engaged in the business of providing a SaaS (software as a service) platform (the “Platform”, as defined in more detail below) to the hospitals and healthcare service providers in India to connect hospitals/medical practitioners with healthcare professionals from US, Europe and/or other jurisdictions for knowledge sharing and consultation (“Business”).
1.4. For the purposes of these Terms and Conditions, “Platform” shall mean and include www.docus.ai, web platform created or published by Docus to enable access to the Platform, any successor website/ platforms, any website of related entity or any other channel facilitated and permitted by Docus including but not limited to any digital medium including phone, displays, emails, social media interfaces and messaging interfaces.
1.5. By accepting these Terms and Conditions and/or accessing or using the Platform, You are acknowledging that You have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. This is a legally binding agreement between You, (the user) and Docus and all its related entities, establishing the terms and conditions under which this Platform may be used/accessed. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE THE PLATFORM.
2.1. You hereby declare that You are legally capable to enter into an agreement and that all the particulars and information provided by You through the Platform are true, accurate and complete.
2.2. You hereby also declare that You are, or to represent, a validly licensed hospital / clinic / healthcare professional in accordance with the laws of India.
2.3. By accepting these Terms and Conditions, You hereby authorize Docus to collect Your basic identification and contact information including but not limited to Your name, contact number, email id, which You provide voluntarily to enable Us to identify You as a user of the Platform and allow Us to contact You with more information regarding the Business and services provided by Docus.
2.4. You also acknowledge that these Terms and Conditions are only applicable to You as a hospital / clinic / healthcare professional and that Medical Experts (as defined below) and/or any other users are subject to the terms and conditions applicable to them, respectively.
3.1. In these Terms and Conditions, unless the contrary intention appears and/or the context otherwise requires: (i) capitalised terms defined by inclusion in quotations and/ or parenthesis have the meanings so ascribed; and (ii) the following terms shall have the meanings assigned to them herein below:
“Medical Expert” means a medical specialist or professional accepted to participate on or through the Apps for providing second opinion and expert advice;
“Practitioner” means a Registered Medical Practitioner (RMP) as per the provisions of the National Medical Commission Act, 2019 or a health care provider (whether an individual professional or an organization) or similar institution wishing to be registered, or already registered, on the platform, including designated and authorized associates of such practitioners or institutions;
“Services” means any and all services provided by Docus and/or any third party through the Platform; and
“Virtual Consult” means a consultation between a Medical Expert and a Practitioner on the Platform.
4. SIGNUP AND SUBSCRIPTION
4.2. Upon successful completion and submission of a signup form, You will receive an acknowledgement e-mail from Docus. Please note that receipt of an acknowledgment e-mail from Docus does not constitute an acceptance of Your subscription to Services. Submission of a signup form merely constitutes an offer to avail subscription and Services from Docus and acceptance of such offer shall be at the discretion of Docus.
4.3. Upon acceptance of Your offer for subscription, Docus shall intimate You of the same via e-mail (“Welcome Email”). Please note that Docus is not obligated to inform applicants in the event that their offer to subscribe has not been accepted by Docus, and no offer shall be deemed to be accepted merely by passage of time or any other action of Docus.
Termination of subscription
4.4. You may terminate Your subscription by writing to [email protected] or directly through the Platform. Your subscription to Services will be terminated and Your access to Platform shall be deactivated by Docus within 30 (thirty) days of receipt of a termination notice from You.
4.5. Docus shall have the right, in its absolute discretion, to terminate Your subscription: (a) at any time, in the event that You are found to be in violation of these Terms and Conditions and/or non-compliant with any laws applicable to Practitioners in India; and/or (b) in the event of Your failure to pay any Consultation Fees under an invoice in accordance with Clause 6 below, for a period of 20 (Twenty) days form the date of such invoice.
4.6. You may re-subscribe to the Platform after termination of Your subscription. Provided, however, that Docus shall have the right to refuse such re-subscription in the event that Your earlier subscription was cancelled for any cause set out in Clause 4.5 above by Docus and/or if Docus had reasonable grounds to do so.
5.1. Our Services include providing You / Your Practitioners access to a list of Medical Experts through the Platform, and to schedule and avail Virtual Consults on the Platform.
5.2. The Platform is designed to connect hospitals / clinics / healthcare providers with Medical Experts in the US and Europe to support and inform healthcare decisions taken by their Practitioners. Medical Experts can only provide answers to informational questions from Practitioners and the information made available by them. The advise of the Medical Experts and/or any other information on the Platform is not a substitute for formal medical diagnosis, physical examination and/or prescription.
5.3. All participating Medical Experts on the Platform are independent contractors and Docus, itself, is not engaged in providing any kind of telemedicine services. Docus engages Medical Experts and lists their credentials on the Platform on the basis of representations made by and documents submitted by the respective Medical Experts. Docus is, in no way, responsible for the opinions of Medical Experts expressed on Virtual Consults or otherwise.
5.4. Docus does not recommend or endorse any specific advice or information provided on the Platform, nor does it recommend or endorse any Medical Expert through listings on its Platform.
5.5. While providing Virtual Consults or any other Services, Medical Experts shall not, at any time, be responsible for Your / Your Practitioner’s patients’ diagnosis or treatment plan or any other outcome of the Medical Expert’s opinion. There shall be no doctor-patient relationship between the Medical Experts and the patients.
5.6. Medical Experts shall only provide their opinions to You / Your Practitioners on the basis of information made available by You. You / Your practitioner shall be primarily responsible for deciding the manner of use or platform of any advice or opinion provided by a Medical Expert, on Your own judgment and expertise to provide treatment to Your patients. You shall be solely responsible for the treatment of Your patients and shall be free to accept or reject the Medical Expert’s advice and opinion at Your own discretion.
5.7. Docus may allow patients to use and access Platform to: (a) view and download information relating to them, including but not limited to their medical records uploaded on the Platform and any advice or opinion provided by Medical Experts and/or Your Practitioner relating to such patient; and/or (b) participate in Virtual Consults along with Your Practitioners as an observer. Docus hereby clarifies that patients shall not be allowed to: (i) amend, edit or alter any information on the Platform; or (ii) interact or communicate directly with Medical Experts without the presence of an authorised Practitioner.
6. CONSULTATION FEES
6.1. In lieu of Virtual Consults or any other services or advise sought from Medical Experts using the Platform, Client shall pay to Docus consultation fees (as charged by Medical Experts) and/or any other service fees and charges levied by Docus (collectively, “Service Fees”) as set out herein.
6.2. Client understands that the Service Fees charged in relation to a Virtual Consult is for a single consultation request only.
6.3. At the end of each month, Docus shall provide a monthly service report for Services provided to the user during the month along with applicable Service Fee schedules.
6.4. Docus shall raise an invoice for Service Fees on or before the 5 th day of the month on basis of the monthly service report for the preceding month.
6.5. All such invoices shall be payable within a period of 15 (fifteen) days from the date of the invoice. Any delay in such payments shall accrue an additional interest of 1.5% (one point-five percent) per month, pro-rated for the number of days such payment is delayed, along with any other costs and expenses incurred by Docus in the collection of such unpaid amounts (including but not limited to attorneys’ fees, costs associated with any third-party agencies acting on behalf of Docus and arbitration costs).
7. INFORMATION AND MATERIALS
7.1. All information and content generated and/or supplied by Docus and available on the Platform, and its look and feel, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, material, information, data, money market movements, news items, links etc. data compilations and software, and the compilation and organization thereof contained on the Platform (“Content”) is provided for information and support only and users must use their own discretion in its application in any treatment or diagnosis. It is hereby clarified that the term “Content” as defined and used herein shall not include any information / data generated or uploaded on the Platform by its
users (“User Data”), which may include, without limitation, any medical reports, personal information, messages / communications or advice or opinion in relation to medical diagnosis by a Medical Expert and/or Practitioner.
7.2. Content contained on the Platform is provided on an “as is”, “as available” basis and is the sole property of Docus, Our affiliates, partners, licensors or Medical Experts, and is protected by applicable laws, including but not limited to laws governing copyrights and trademarks.
7.3. Docus expressly disclaims to the maximum limit permissible by law, all warranties, express or implied, including, but not limiting to implied warranties of merchantability, fitness for a particular purpose and non-infringement. You may not distribute Content to others without the express written consent of Docus and/or the relevant party providing such Content. You may not copy, download, publish, distribute or reproduce any of Content contained on Platform in any form without prior permission of Docus.
7.4. Content on the Platform should not be regarded as an offer, solicitation, invitation, advice or recommendation to use of the products or services described on the Platform.
7.5. Services on the Platform are available only at the discretion of Docus, its related entities and Medical Experts, subject to the individual contractual terms and conditions on which they are offered and such products and services may be withdrawn or amended at any time without notice.
7.6. You acknowledge that certain functions of the Platform would require an active internet connection which can be Wi-Fi or the Local Area Network (LAN) connection. Docus and its related entities do not assume any responsibility/liability if the Platform is not fully functional due to absence / insufficiency of the required internet connection. Docus and/or its related entities will not be concerned with any dispute between the user and the Internet Service Provider and/or any third party providing the internet connection or any other services responsible to run the Platform.
8. NO REPRESENTATIONS AND WARRANTIES
8.1. The Platform may contain advice/ opinions and statements of various professionals/ experts/ analysts, etc. including Medical Experts. Reliance on these statements shall be at Your own risk. It is the responsibility of the user of the Platform to independently verify and evaluate the accuracy, completeness, reliability and usefulness of any opinions, services or other information provided on the Platform.
8.2. Docus may at any time (without being obliged to do so) update, edit, alter and/or remove any Content in whole or in part that may be available on the Platform and shall not be held responsible for all or any actions that may subsequently result in any loss, damage and or liability. Provided however, that Docus shall have no right to update, edit, alter and/or remove any User Data on the Platform and/or any messages or other communications amongst the Client, its Practitioners and/or Medical Experts. Docus reserves the right to request removal of any User Data by the user generating or uploading such User Data, in the event that such User Data does not comply with these Terms and Conditions.
8.3. Nothing contained herein is to be construed as a recommendation to use any product or process by Docus, and Docus and its related entities makes no representation or warranty, express or implied that, the use thereof will not infringe any intellectual property rights, or otherwise. The user is expected to keep abreast of any changes made in the Platform and the information available on it on a regular basis and Docus and its related entities undertake no responsibility about advising the user about any such changes.
8.4. Though Docus and its related entities will endeavour to ensure that information contained on the Platform is obtained from sources which, it feels, are reliable, Docus and its related entities do not warrant such information’s completeness or accuracy.
8.5. Docus does not represent or warrant that Content or any other materials on the Platform sourced from a third party source are accurate, complete, reliable, error free, current or that Platform’s servers are free of viruses or any other harmful components. Users are advised to exercise caution in the use and download of any such Content or materials and use industry recognized software to detect and rectify viruses. All responsibility and liability for any damages caused by such viruses or harmful components is disclaimed. Without limiting the foregoing, the user understands and agrees to download or otherwise access or obtain content, material, data or software from or through Platform at its own discretion and risk and the user will be solely responsible for any resulting damages.
8.6. The user acknowledges that any information obtained by the user from Docus or while using the Platform shall not create any warranty not expressly stated in these Terms and Conditions. Docus disclaims all liability for damages caused by any interruption or errors in the functioning of the Platform or any of its components, except as otherwise expressly set forth herein. Furthermore, Docus disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of Content due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications, problems related to Content or its use, loss of personal content on the Platform, lost or undeliverable email and for any other reason. Under no circumstances, will Docus be responsible for any loss or damage, including but not limited to, personal injury or death, resulting from use of the Platform or Services.
8.7. The user acknowledges that it shall be solely responsible for any and all documentation and other requitements in relation to the utilization of any Services availed from the Platform. The user shall not share any personally identifiable information or sensitive information as described under the Information Technology Act, 2000 and related rules. In the event that the user is constrained to share any personally identifiable information or sensitive information in the Platform, the user shall be solely responsible for obtaining valid consent of the owner of such information for the purposes of sharing such information on the Platform. A template for obtaining written consent from the owner of such information has been provided on the Platform. Docus shall in no way be responsible for breach of any privacy or other personal rights of any person by the user.
9. DATA SECURITY
9.1. To prevent any form of unlawful interception or misuse of any User Data, We use reasonable physical, electronic and managerial procedures to safeguard and secure such information. We use reasonable secure and technologically appropriate measures, in compliance with the Information Technology Act, 2000 and the rules related thereto as well as the Health Insurance Portability and Accountability Act, 1996 of the USA (HIPAA), to protect You against loss or misuse of Your User Data including internal reviews of data collection, storage and processing practices and other reasonable security measures which are, at minimum, equivalent to security measures that Docus uses to protect its own confidential information and any regulatory requirements in India or the United States of America. We store all User Data in an encrypted form on secure servers maintained by a trusted third party in India, which, if required to be accessed, are accessible only by the authorised personnel of Docus.
9.2. Docus assumes full responsibility for any unlawful interception, access or misuse of User Data caused due to negligence on non-compliance with regulatory standards by Docus.
9.3. All User Data uploaded on the Platform by a user may only be accessed by such user and/or any other authorised user using secure login credentials created for such user. Docus does not access or utilize User Data for any purpose other than for providing Services through the Platform.
9.4. All users of the Platform shall be personally responsible for maintaining security and confidentiality of their login credentials and shall be solely liable for any use and access of the Platform and/or any User Data uploaded by such user using login credentials issued to them.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. As long as You respect these Terms and Conditions for using the Platform, Docus grants You a non-exclusive, non-transferable and revocable license to use the Platform. All rights relating to the Platform as well as its functionalities are the exclusive property of Docus and/or its related entities (particularly including but not limited to copyrights, trademarks, source code, patents as well as any other intellectual property right). All the information provided on or via the Platform (including all texts, graphics, design or logos) shall be the intellectual property of Docus and/or its related entities.
10.2. You agree not to copy, forward, download or share content without obtaining the necessary rights or permissions to do so. You also agree not to abuse Your access and license to use the Platform.
11.1. In addition to other prohibitions as set forth in these Terms and Conditions, You understand and agree that You are prohibited from using the Platform or its Content:
(i) for any unlawful purpose;
(ii) to solicit others to perform or participate in any unlawful acts;
(iii) to violate any international, federal, provincial or state regulations, rules, laws, or applicable ordinances;
(iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(vi) to submit false or misleading information;
(vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform;
(viii) to collect or track the personal information of others;
(ix) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(x) for any obscene or immoral purpose; or
(xi) to interfere with or circumvent the security features of the Platform. We reserve the right to terminate Your access to the Platform for violating any of the prohibited uses.
12. FOREIGN LANGUAGES AND TRANSLATIONS
Where the Platform’s Content or Services (including these Terms and Conditions) are translated into languages other than English, all such translations are for the convenience of our users only, and Docus is not responsible or liable in the event of any translation inaccuracy. The English-language version of these Terms and Conditions shall control and apply in the event of any conflict with content or translation. You understand that Content, including but not limited to questions and answers, may not have the same meaning in translation, and that treatments (including but not limited to medication names) and other information may differ from country to country and in different languages and may not be available in all places. Additionally, You understand and agree that Virtual Consults with Medical Experts may not be available in languages other than English, and You agree not to conduct a consultation with a doctor in a language in which You are not proficient without the use of a professional translator. If You are connected to a Medical Expert who speaks Your language, You understand that the Medical Expert may not be a native speaker and that the Medical Expert’s ability to communicate may be limited. If You choose to use a translator in connection with a Virtual Consult, You understand that Docus is not liable for any errors or omissions in translation.
13. NOTIFICATIONS AND COMMUNICATIONS
13.1. While using the Platform on Your mobile device, You agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting Your mobile device’s “settings” page.
13.2. We may send You emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in the promotional email itself.
13.3. Docus and those acting on our behalf may send You text (SMS) messages to the phone number You provide Us. These messages may include operational messages about Your use of the Services, as well as marketing messages. If You opt-out, You may continue to receive text messages for a short period while Docus processes Your request, and You may also receive text messages confirming the receipt of Your opt-out request. Opting out of receiving operational text messages may impact the functionality that the Service provides to You. Text messages may be sent using an automatic telephone dialling system. Your agreement to receive text messages is not a condition of any purchase or use of the Service. Standard messaging, data and other fees may be charged by Your carrier.
13.4. Your carrier may prohibit or restrict certain mobile features, and certain mobile features may be incompatible with Your carrier or mobile device. As applicable, instructions regarding how to opt-out of mobile features will be disclosed in connection with such features (instructions typically require You to text a keyword, such as “STOP,” “CANCEL,” “UNSUBSCRIBE,” to the applicable shortcode for the mobile feature, or to change Your profile settings inside the apps).
13.5. You agree to notify Docus of any changes to Your mobile number and update Your account(s) on the Platforms. You also understand and agree that by receiving communications You will be charged by Your wireless or internet provider and that such emails, SMS, or mobile telephone notification may be generated by automated systems.
13.6. When You use action-oriented features on Docus (such as participating in a Virtual Consult), You agree that Docus may send You automated content via email, mobile telephone, or other contact information provided by You in Your account settings. This content may contain protected health information under the Health Insurance Portability and Accountability Act, 1996 of the USA (HIPAA), including content related to conditions, treatments, and medications. You understand and agree that by using these features, You are expressly opting into receiving Your own protected health information by email, SMS/text, or mobile push notifications. These communications from the Platform are not encrypted. Although unlikely, it is possible for these communications to be intercepted or accessed without Your authorization. By using the Apps, You release Docus from any liability arising from or related to any such interception or unauthorized access.
15. LIMITATION OF LIABILITY
15.1. DOCUS AND ITS RELATED ENTITIES, THEIR DIRECTORS AND EMPLOYEES ACCEPT NO LIABILITY AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY (INCLUDING SPECIAL, INCIDENTAL OR CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY LOSS, DAMAGE OR EXPENSES) FROM YOUR USE OF THE PLATFORM OR ANY LINKED SITE OR INABILITY TO USE BY ANY PARTY, HOWSOEVER ARISING, AND INCLUDING ANY LOSS, DAMAGE OR EXPENSE ARISING FROM, BUT NOT LIMITED TO, ANY DEFECT, ERROR, OMISSION, INTERRUPTION, IMPERFECTION, FAULT, MISTAKE OR INACCURACY WITH THE PLATFORM, ITS CONTENTS OR ASSOCIATED SERVICES, OR DUE TO ANY INACCESSIBILITY OF THE PLATFORM OR ANY PART THEREOF OR ANY CONTENTS OR ASSOCIATED SERVICES EVEN IF THE ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
16. LINKED WEBSITES
16.1. The Platform may contain links to other websites of affiliate companies or related entities of Docus. The Platform may also contain links to external websites, having further linked websites, controlled or offered by third parties (non-affiliates of Docus), in order to help You find relevant websites, services and/or products which may be of interest to You, quickly and easily. The contents displayed or products / services offered on such linked websites or any quality of the products/ services are not endorsed, verified or monitored by Docus or its related entities. Docus and its related entities are also not responsible for the owners or operators of such external links or websites or for any products or services they supply or for the contents of their websites and do not give or enter into any conditions, warranties, express or implied; or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external websites to which this website includes a link infringes the intellectual property rights of any third party).
17. GOVERNING LAW
17.1. The Platform and these Terms and Conditions shall be governed by and construed in accordance with all applicable laws of the state of California, unless stated otherwise and excluding California’s choice-of-law rules. All disputes arising out of or in connection with these Terms and Conditions or use of the Platform shall be submitted to the exclusive jurisdiction of the courts in Santa Clara County, California.
18.1. Docus reserves the right to change the information provided on or via the Platform, including these Terms and Conditions or to charge for its services, at any time and without notice. It is recommended that You review the information provided on or via the Platform, including these Terms and Conditions, periodically for changes. Docus or any of its related entities/ affiliates shall not be held responsible for all or any actions that may subsequently result in any loss, damage and or liability on account of such change in the information on the Platform.
19. SUSPENSION AND CANCELLATION
19.1. Docus or its related entities can at any time, without the need to give a reason, notice or compensation, suspend Your ability to use the Platform. The suspension or cancellation of the licence to use the Platform will mean that You will no longer have any access to Your data, without You having any recourse against Docus or any of its related entities or its affiliates. Further, Docus also reserves the right to suspend the user’s access to any user account and/or the Platform, in case Docus in its sole discretion is of the view that user is in breach of these Terms and Conditions and any applicable law or may foresee any breach by user of these Terms and Conditions and any applicable law.
20. ACCURACY AND CORRECTNESS OF INFORMATION
20.1. You confirm that any information provided by You or any details entered into the Platform are correct and You undertake to pass on any modifications to Docus or its related entities. You shall indemnify and hold Docus and/or its related entities/affiliates harmless against any loss, damage or costs by and or its related entities/ affiliates as a result erroneous information supplied by You or Your authorized users.
20.2. Specifically, You are responsible for the confidentiality of any codes and passwords allowing You to use the Platform, and access to Your information as well as this use and this access by any third party, whether or not they are authorised by You.
21. ENTIRE AGREEMENT
22. NO WAIVER
22.1. Docus or its related entities shall not be deemed to have waived any of its/their rights or remedies hereunder, unless such waiver is in writing. No delay or omission on the part of Docus, in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.