Last Updated Date: 25 July 2022
Website Covered: doctor42.com
THE AGREEMENT: The use of this website and services on this website provided by ZYNECORE GLOBAL Private Limited (hereinafter referred to as "Owner") are subject to the following Terms & Conditions (hereinafter the "Terms of Service"), all parts and sub-parts of which are specifically incorporated by reference here together with the Privacy Policy. Following are the Terms of Service governing your useof doctors42.com (the "Website"), Doctor42 mobile app (“App”), all pages on the Website and any services provided by or on this Website or App ("Service"/ “Docotor42”).
By accessing either directly or through a hyperlink, the Website, and/ or availing any service from us, you engage in our "Service" and agree to be bound by the Terms of Service including those additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation vendors, buyers, customers, merchants,browsers and/ or contributors of content. You acknowledge and agree that the Website may use your personal information in the manner described in our {link to privacy policy} which sets forth how information collected about you is collected, used and stored.
Do not use this Service for emergency medical needs, if you are in a medical emergency call the respective emergency numbers available at your location. If you are thinking about suicide or other adverse activities, please do call the relevant emergency service number. The list of some helplines across the world can be found here {https://en.wikipedia.org/wiki/List_of_suicide_crisis_lines}
Do not disregard, avoid, or delay in obtaining in-person care from your doctor or other qualified professional because of the information or advice you received through the platform.
The platform is not intended for any information regarding which drugs or medical treatment may be appropriate for you, and you should disregard any such advice if delivered through the platform.
We are not licensed to practice medicine and do not render medical care or medical advice .
DEFINITIONS
The parties referred to in these Terms of Service shall be defined as follows:
Owner, Us, And We: The Owner, as the creator, operator, and publisher of the Website
makesthe Website and certain Services on it, available to users. ZYNECORE GLOBAL Private
Limited, Owner, Us, We, Our, Ours and other first-person pronouns will refer to the Owner
and
allemployees and affiliates of the Owner.
You, the User, the Client: You, as the user of the Website, will be referred to throughout
these
Terms of Service with second-person pronouns such as You, Your, yours, or as Useror Client.
For
the purpose of these Terms of Service, the term "User" or "You" shall meanany natural or
legal
person who person is accessing the Website or App. The term '"Your"shall be construed
accordingly.
Parties: Collectively, the parties to these Terms of Service (the Owner and You) will be
referred
to as Parties.
ASSENT & ACCEPTANCE
By using the Website, You warrant that you have read and reviewed these Terms of Service
andthat you agree to be bound by them. If you do not agree to be bound by these Terms of
Service,
Please leave the Website immediately. The Owner only agrees to provide use of this Website
and Services to you if you assent to these Terms of Service. Further, based on the Servi ces
obtained bya User, additional terms and conditions in respect of the specific Services may
apply,
which shall be deemed an agreement between the Users and the Owner.
AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Website or any Services
contained
herein.By using this Website, You represent and warrant that you are at least 18 years or of
age
and/or may legally agree to these Terms of Service as per the jurisdiction where you are
located.
The Ownerassumes no responsibility or liability for any misrepresentation of your age.
ABOUT THE SITE
The Website is an online platform, which provides listening, counselling and therapy
services
using online tools.
We reserve the right to refuse service or halt the services for a certain period at our sole
discretion to anyone for any reason at any time.
The Website does not screen or censor the users who register on and access the Website. You
assume all risks associated with dealing with other users and service providers with whom
youcome in contact through the Website. You agree to use the Website only for lawful
purposes
without infringing the rights or restricting the use of this Website by any third party .
LICENSE TO USE WEBSITE
The Owner may provide you with certain information because of your use of the Website or
Services. Such information may include but is not limited to, documentation, data, or
information developed by the Owner, and other materials, which may assist in your use of
theWebsite or Services ("Owner Materials"). Subject to these Terms of Service, the Owner
grantsyou a non-exclusive, limited, non-transferable and revocable license to use the Owner
Materials solely in connection with your use of the Website and Services. The Owner
Materialsmay not be used for any other purpose and this license terminates upon your
cessation of use of the Website or Services or at the termination of these Terms of Service.
You agree not to collect contact information of other Users from the Website or download or
copy any information by means of unsolicited access to communicate directly with themor for
any reason whatsoever.
Any unauthorized use by you shall terminate the permission or license granted to you by the
Website and you agree that you shall not bypass any measures used by the Owne r to prevent
or
restrict access to the Website.
INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Owner are the property of the
Owner, including all copyrights, trademarks, trade secrets, patents and other intellectual
property ("Owner IP"). You agree that the Owner owns all rights, title and interest in and
to the
Owner IP and that; you will not use the Owner IP for any unlawful or infringing purpose. You
agree not to reproduce or distribute the Owner IP in any way, including electronically or
via
registration of any new trademarks, trade names, service marks or Uniform Resource
Locators(URLs), without express written permission from the Owner.
In order to make the Website and Services available to You, You hereby grant the Owner a
royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit
and
make derivative works of any content You publish, upload or otherwise make available to the
Website ("Your Content"). The Owner claims no further proprietary rights in Your Content.
If you feel that any of your intellectual property rights have been infringed or otherwise
violated
by the posting of information or media by another of our users, please Contact Us and let Us
know at support@doctor42.com.
USER OBLIGATIONS
As a user of the Website or Services, You may be asked to register with us. When you do
so,you
will choose a user identifier, which may be your email address or another term, as well as a
password. You may also provide personal information, including, but not limited to, your
name.
You are responsible for ensuring the accuracy of this information. This identifying
information
will enable you to use the Website and Services.
You must not share such identifying information with any third party and if you discover
that
your identifying information has been compromised, you agree to notify us immediately in
writing. An email notification will suffice. You are responsible for maintaining the safety
and
security of your identifying information as well as keeping us apprised of any changes to
your
identifying information. The billing information you provide us, including credit card,
billing
address and other payment information, is subject to the same confidentiality and accuracy
requirements as the rest of your identifying information. Providing false or inaccurate
information or using the Website or Services to further fraud or unlawful activity is
grounds for
immediate termination of these Terms of Service. The Owner reserves the right to refuse
service, terminate accounts, or remove or edit content at its sole discretion.
You agree, confirm and acknowledge that you are responsible for maintaining the
confidentiality
of your password and any other security information related to your account (collectively
"Account Access"). We advise you to change your password frequently and to take extra care
in
safeguarding your password. You agree, confirm and acknowledge that we will not be liable
for
any loss or damage incurred because of someone else using your account, either with or
without your consent and/or knowledge.
You agree and commit not to use the account or Account Access of any other person for any
reason.
You agree and confirm that your use of the Platform, including the Consultation Services, is
for
your own personal use only and that you are not using the Platform or the Consultation
Services
for or on behalf of any other person or organization.
You agree and commit not to violate any applicable local, state, national or international
law,
statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform
and
your relationship with the Service Providers and us.
PAYMENT & FEES
Should you register for any of the paid Services on this website or purchase or subscribe
for any
service on this website, you agree to pay us the specific monetary amounts required for
those
Services. These monetary amounts ("Fees") will be described to you during your account
registration and/or confirmation process. The final amount required for payment will be
shown
to you immediately prior to final payment. By providing Doctor42 with payment information,
you authorize Doctor42 to bill and charge your credit card or other payment methods. Payment
for any ongoing Services is billed automatically until you notify us that you would like to
terminate your access to the Services.
We reserve the right to make changes to the services and Fees structure provided on Our
Website at any time without any further notification. You are required to check the prices
and
services from time to time. If you have any concerns about a bill or a payment, please
contact us
immediately by sending an email to support@doctor42.com. We will evaluate your issue on a
case-by-case basis and, at our discretion, take steps to resolve any issue, including but
not
limited to helping you find a new Service Provider, extending your subscription at no cost
to you,
and issuing partial or full refunds when applicable.
In the event there are a connection disruption within the first ninety (90) seconds of the
visit, no
charge will be incurred. Thereafter, if there is an interruption, but your selected provider
remains connected, the stated charge will still be made. In the event the selected provider
loses
the connection at any point in the visit, a charge may or may not be incurred. You will not
be
charged any fee other than the fee for your visit with your selected Provider.
ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose, or any purpose
prohibited under this clause. You agree not to use the Website or Services in any way that
could
damage the Website, Services, or general business of the Owner.
You further agree not to use the Website or Services:
To harass, abuse, or threaten others or otherwise violate any person's legal rights;9.2.2.To
violate any intellectual property rights of the Owner or any third party;
To upload or otherwise disseminate any computer viruses or other software that may damage
the property of another;
To perpetrate any fraud;
To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;9.2.6.To
publish
or distribute any obscene or defamatory material;
To publish or distribute any material that incites violence, hate or discrimination towards
any
group;
To unlawfully gather information about others.
You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to
solicit
others to perform or participate in any unlawful acts; (c) to infringe on any third party's
intellectual property or proprietary rights, or rights of publicity or privacy, whether
knowingly or
unknowingly; (d) to violate any local, federal or international law, statute, ordinance or
regulation; ((e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national
origin, or
disability; (f) to submit false or misleading information or any content which is
defamatory,
libelous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and
lascivious or
pornographic, or exploits minors in any way or assists in human trafficking or content that
would
violate rights of publicity and/or privacy or that would violate any law; (g) 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 Service or of any related website, other websites, or
the
Internet; (h) to collect or track the personal information of others; (I) to damage,
disable, over
burden, or impair the Website or any other party's use of the Website; (j) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to
interfere with or circumvent the security features of the Service or any related website,
other
websites, or the Internet; (l) to personally threaten or has the effect of personally
threatening
other users. We reserve the right to terminate your use of the Service or any related
website for
violating any of the prohibited uses. The Company has the full authority to review all
content
posted by Users on the Website. You acknowledge that the Website is not responsible or
liable
and does not control the content of any information that may be posted to the Website by You
or other User of the Website and you are solely responsible for the same. You agree that You
shall not upload, post, or transmit any content that you do not have a right to make
available
(such as, the intellectual property of another party).
You agree to comply with all applicable laws, statutes and regulations concerning your use
of
the Website and further agree that you will not transmit any information, data, text, files,
links,
software, chats, communication or other materials that are abusive, invasive of another's
privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful,
threatening, hateful or racially or otherwise objectionable, including without limitation
material
of any kind or nature that encourages conduct that could constitute a criminal offence, give
rise
to civil liability or otherwise violate any applicable local, state, provincial, national,
or
international law or regulation, or encourage the use of controlled substances.
We may, but have no obligation to, monitor, edit or remove content that we determine in our
sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party's intellectual property or these
Termsof Service.
You may not use our services for any illegal or unauthorized purpose, or violate any laws in
your
jurisdiction (including but not limited to copyright laws).
The users can give an assessment of Service Providers. They are forbidden to give false or
libelous assessments.
CONSULTATION
In the following circumstances, the Service Provide can stop providing the services to the
user
subject to informing the same to the Doctor42.
the requirement of special personal counselling or therapy to the customer which the
Platform
is not suitable for; or
the user not behaving properly or following the code of ethics of the Platform; or
Once an intimation is received from the Service Provider regarding the cancellation ofthe
session, the Doctor42 after considering the situation Doctor42 reserves the right to
changethe
Service Provider, suspend or even terminate the account of the user.
There is no entitlement to counselling by a specific Service Provider.
Doctor42 supports a holistic approach to mental health and the choices you have, to create
the
best counselling and listening services that match the user’s needs. If you feel that the
Platform
does not meet your expectations, you may change to a different provider at any time .
Doctor42 does not endorse any specific tests, medications, products, or procedures through
the
Platform. The contents do not represent or warrant the contents, publication, or
consultation
appropriate or effective for you.
The Service Providers are independent providers who are neither our employees noragents nor
representatives. The Platform’s role is limited to enabling Counsellor Services. The Service
Providers themselves are responsible for the performance of the Counselling Services.
If a Service Provider you have been connected with stops using the Platform at any time
after
you have been connected, we will send an email to notify you that your Service Provider is
no
longer on the Platform and that you have the opportunity to match with a new Service
Provider.
Each session will be for a duration of a maximum of 42 minutes; thereafter the connection
will
be automatically terminated unless credits are added to the ongoing session.
REFUND
Except as prohibited under applicable law, Doctor42 may at its sole discretion providea
full,
partial or pro-rated refund for services rendered.
COMMUNICATION
You understand that each time uses the Website in any manner, you agree to these Terms. By
agreeing to these Terms, you acknowledge that you are interested in availing and purchasing
the Services that you have selected and consent to receive communications via phone or
electronic records from the Website including e-mail messages telling you about products and
services offered by the Website (or its affiliates and partners) and understandingyour
requirements. Communication can also be by posting any notices on the Website. You agree
that the communications sent to you by the Website shall not be construed as spam or bulk
under any law prevailing in any country where such communication is received. Precise
information about data processing is available in our {link to privacy policy}.
12.2.
PRIVACY INFORMATION
Through Your Use of the Website and Services, You may provide us with certain information.
By
using the Website or the Services, You authorize the Owner to use your information in India
and
any other country where we may operate.
Information We May Collect or Receive: When you register for an account, you provide us with
a
valid email address and may provide us with additional information, such as your name or
billing
information. Depending on how You use Our Website or Services, Wemay also receive
information from external applications You use to access Our Website, or We
10.7.If you feel the
Counsellor Services provided by the Service Providers do not fit your
needs or expectations, you may
change to a different Service Provider who provides services
through the Platform.
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May receive information through various web technologies, such as cookies, log files, clear
gifs,
web beacons or others.
How We Use Information: We use the information gathered from you to ensure your continued
good experience on our website, including through email communication. We mayalso track
certain of the passive information received to improve our marketing and analytics,and for
this,
we may work with third-party providers.
How You Can Protect Your Information: If you would like to disable our access to any passive
information we receive from the use of various technologies, you may choose todisable
cookies
in your web browser. Please be aware that the Owner will still receive information about you
that you have provided, such as your email address. If you choose toterminate your account,
the
Owner may store some information about you for future referencefor the following number of
days: 60. After that time, it will be deleted.
For more information on how we deal with your privacy, please visit our Privacy Policy
ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only.
Doctor42 is purely a mediator of contact and provider of digital communicationchannels
(Access
Service Provider) and, as such, ensures the technical availability of the Platform. Doctor42
has
no knowledge or access to the content of counselling sessions.
You acknowledge and agree that any information posted on Our Website is not intendedto be
legal advice, medical advice, or financial advice, and no fiduciary relationship has been
created between you and the Owner. You further agree that your purchase of any of the
services on the
Website is at your own risk. The Owner does not assume responsibility or liability for any
advice
or other information given on the Website.
SERVICES
The Owner may provide services or allow third parties to provide services on the Website.
The
Owner undertakes to be as accurate as possible with all information regarding the services,
including service descriptions and details. However, the Owner does not guaranteethe
accuracy
or reliability of any service and you acknowledge and agree that you avail such services at
your
own risk.
We will make reimbursements for returns without undue delay in the following manner:15.2.1.
We will make the reimbursement using the same means of payment as you used for theinitial
transaction unless you have expressly agreed otherwise; in any event, you will not incurany
fees
because of the reimbursement.
REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or
on the Website or Services;
Violate the security of the Website or Services through any unauthorized access,
circumvention
of encryption or other security tools, data mining or interference to any host, user or
network .
DATA LOSS
We implement and use the best tools to protect your account and data.
The Owner does not accept responsibility for the security of your account or content. You
agree
that your use of the Website or Services is at your own risk.
INDEMNIFICATION
You agree to defend and indemnify the Owner and any of its affiliates (if applicable) and
hold us
harmless against all legal claims and demands, including reasonable attorney's fees,which
may
arise from or relate to Your use or misuse of the Website or Services, Your breach Of these
Terms of Service, or your conduct or actions. You agree that the Owner shall be able to
select its own legal counsel and may participate in its own defense if the Owner wishes.
SPAM POLICY
You are strictly prohibited from using the Website or any of the Owner's Services for
illegal spam
activities, including gathering email addresses and personal information from others or
sending
any mass commercial emails.
THIRD-PARTY LINKS & CONTENT
The Owner may occasionally post links to third-party websites or other services. You agree
thatthe Owner is not responsible or liable for any loss or damage caused because of your use
of
any third-party links and services. You are advised to check the terms of the concerned
websitesor services.
MODIFICATION & VARIATION
The Owner may, from time to time and at any time without notice to you, modify theseTerms of
Service. You agree that the Owner has the right to modify these Terms of Service orrevise
anything contained herein. You further agree that all modifications to these Terms of
Service are
in full force and effect immediately upon posting on the Website and those modifications or
variations will replace any prior version of these Terms of Service unless priorversions are
specifically referred to or incorporated into the latest modification or variation ofthese
Terms of
Service.
To the extent any part or sub-part of these Terms of Service is held ineffective or
invalidby any
court of law, you agree that the prior, effective version of these Terms of Service shallbe
considered enforceable and valid to the fullest extent.
You agree to routinely monitor these Terms of Service and refer to the Last Updated Date
posted at the top of these Terms of Service to note modifications or variations. You
furtheragree
to clear your cache when doing so to avoid accessing a prior version of these Terms of
Service.
You agree that your continued use of the Website after any modifications to these Terms of
Service is a manifestation of your continued assent to these Terms of Service.
In the event that you fail to monitor any modifications to or variations of these Terms of
Service,
You agree that such failure shall be considered an affirmative waiver of your rightto review
the
modified Agreement.
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to all
use
of this Website. This Agreement supersedes and replaces all prior or contemporaneous
agreements or understandings, written or oral, regarding the use of this Website.
SERVICE INTERRUPTIONS
The Owner may need to interrupt your access to the Website to perform maintenance or
emergency services on a scheduled or unscheduled basis. You agree that your access to the
Website may be affected by unanticipated or unscheduled downtime, for any reason, but that
the Owner shall have no liability for any damage or loss caused because of such downtime .
TERM, TERMINATION & SUSPENSION
The Owner may terminate these Terms of Service with you at any time for any reason, with
orwithout cause. The Owner specifically reserves the right to terminate these Terms of
Service
ifYou violate any of the terms outlined herein, including, but not limited to, violating the
intellectual property rights of the Owner or a third party, failing to comply with
applicable
lawsor other legal obligations, and/or publishing or distributing illegal material. If you
have
registered for an account with Us, You may also terminate these Terms of Service at any time
by contacting us and requesting termination. Please keep in mind that any outstanding fees
willstill
be due even after the termination of your account. At the termination of these Terms of
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Service, any provisions that would be expected to survive termination by their nature
shallremain in full force and effect.
NO WARRANTIES
You agree that your use of the Website and Services is at your sole and exclusive riskand
that
any Services provided by us are on an "As Is" basis. The Owner hereby expressly disclaims
all
express or implied warranties of any kind, including, but not limited to the implied
warranty of
fitness for a particular purpose and the implied warranty of merchantability. The Owner
makes
no warranties that the Website or Services will meet yourneeds or that the Website or
Services
will be uninterrupted, error-free, or secure. The Owner also makes no warranties as to the
reliability or accuracy of any information on the Website orobtained through the Services.
You
agree that any damage that may occur to You, through Your computer system, or as a result of
the loss of Your data from Your use of the Website orServices is Your sole responsibility
and that
the Owner is not liable for any such damage or loss.
All information, software, products, services and related graphics provided on this siteis
"as is"
and "as available" basis without warranty of any kind, either expressed or implied. The
Website
disclaims all warranties, expressed or implied including, without limitation, all implied
warranties of merchantability, fitness for a particular purpose, title and non- infringement
or
arising from a course of dealing, usage, or trade practice. The company makesno
representation
about the suitability of the information, software, products, and services contained on this
Website for any purpose, and the inclusion or offering of any products or services on this
Website does not constitute any endorsement or recommendation of such products or services.
The Website makes no warranty that the use of the Website will be uninterrupted, timely,
secure, without defect or error-free. You expressly agree that use of the site is at your
own risk.
The Website shall not be responsible for any content found on the Website .
Your use of any information or materials on this site or otherwise obtained using this
Website is
entirely at your own risk, for which we shall not be liable. It shall be yourown
responsibility to
ensure that any products, services or information available through this website meet your
specific requirements.
The Website assumes no responsibility for the accuracy, currency, completeness or usefulness
of information, views, opinions or advice in any material contained on the Website.Any
information of third parties or advertisers is made available without doing any changes and
so
the Website cannot guarantee accuracy and is not liable for any inconsistencies arising
thereof.
All postings, messages, advertisements, photos, sounds, images, text, files, videos or other
materials posted on, transmitted through, or linked from the Website, are solely the
responsibility of the person from whom such Content originated and the Website does not
control and is not responsible for Content available on the Website.
There may be instances when incorrect information is published inadvertently on our Website
or in the Service such as typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges, transit times
and
availability. Any errors, inaccuracies or omissions, may be corrected at our discretionat
any time
and we may change or update information or cancel orders if any information in the Service
or
on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Service or on any
related website, including without limitation, pricing information, except as required
bylaw. No
specified update or refresh date applied in the Service or on any related website shouldbe
taken
to indicate that all information in the Service or on any related website has been modified
or
updated.
The Website shall not be responsible for any interaction between you and the other usersor
service providers of the Website. Under no circumstances will the Website be liable for
anygoods, services, resources or content available through such third-party dealings or
communications, or for any harm related thereto. The Website is under no obligation to
becomeinvolved in any disputes between you and other users of the Website or between you
and any
Page 8 of 10
Other third parties. You agree to release the Website from all claims, demands, and damages
arising out of or in connection with such dispute.
You agree and understand that while the Website has made reasonable efforts to safeguard the
Website, it cannot and does not ensure or make any representations that the Website or any
of
the information provided by you cannot be hacked by any unauthorized thirdparties. You
specifically agree that the Website shall not be responsible for unauthorized accessto or
alteration of your transmissions or data, any material or data sent or received or not
sentor
received, or any transactions entered into through the Website.
You hereby agree and confirm that the Website shall not be held liable or responsible in any
manner whatsoeverfor such hacking or any loss or damages suffered by you due to
unauthorized access of the Website by third parties or for any such use of the information
provided by You or any spam messages or information that You may receive from any such
unauthorized third party (including those which are although sent representing the name of
theWebsite but have not been authorized by the Website) which is in violation or
contravention
of this Terms of Service or the Privacy Policy.
You specifically agree that the Website is not responsible or liable for any
threatening,defamatory, obscene, offensive or illegal content or conduct of any other party
or
any infringement of another's rights, including intellectual property rights. You
specifically agree
that the Website is not responsible for any content sent using and/or included in the
Website by
any third party.
The Website has no liability and will make no refund in the event of any delay,
cancellation,
strike, force majeure or other causes beyond their direct control, and they have
noresponsibility
for any additional expense omissions delays or acts of any government or authority.
You will be solely responsible for any damages to your computer system or loss of datathat
results from the download of any information and/or material. Some jurisdictions do not
allow
the exclusion of certain warranties, so some of the above exclusions may not apply to
you.
In no event shall the Website be liable for any direct, indirect, punitive, incidental,
special,
consequential damages or any damages whatsoever including, without limitation, damages for
loss of use, data or profits, arising out of or in any way connected with the use
orperformance of
the site, with the delay or inability to use the site or related services, the provision of
or failure
to provide Services, or to deliver the products or for any information, software, products,
services and related graphics obtained through the site, or any interaction between you and
other participants of the Website or otherwise arising out of the use of the Website,
damages
resulting from use of or reliance on the information present, whether based on contract,
tort,
negligence, strict liability or otherwise, even if the Website or any of its
affiliates/suppliers has
been advised of the possibility of damages. If despite the limitation above, the Company is
found liable for any loss or damage which arises out of or in any way connected with the use
of
the Website and/or provision of Services, then the liability of the Company will in no event
exceed, 50% (Fifty per cent) of the amount you paid to the Companyin connection with such
transaction(s) on this Website.
You accept all responsibility for and hereby agree to indemnify and hold harmless the Owner
from and against, any actions taken by you or by any person authorized to use your account,
including without limitation, disclosure of passwords to third parties. By using the
Website, you
agree to defend, indemnify and hold harmless the indemnified parties from all liability
regarding
your use of the site or participation in any site's activities. If you aredissatisfied with
the
Website, or the Services or any portion thereof, or do not agree with theseterms, your only
recourse and exclusive remedy shall be to stop using the site. NOTICES
We may provide notices or other communications to you regarding this agreement or any
aspect of the Platform, by email to the email address that we have on record, by regular
mail or
by posting it online. The date of receipt shall be deemed the date on which such noticeis
given.
Notices sent to us must be delivered by email to support@doctor42.com.
GENERAL PROVISIONS:
DISCLAIMER: This document is an electronic record in terms of (i) Information Technology
Act,
2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions
pertaining
to electronic records in various statutes as amended by the Information Technology Act,
2000.
This electronic record is generated by a computer system and does notrequire any physical or
digital signatures. This document is published in accordance with the provisions of Rule 3
(1) of
the Information Technology (Intermediaries guidelines) Rules, 2011that require publishing
the
rules and regulations, privacy policy and Terms for access or usageof doctor42.com (the
"Website").
LANGUAGE: All communications made, or notices given pursuant to these Terms ofService shall
be in the English language.
JURISDICTION, VENUE & GOVERNING LAW: Through Your use of the Website or Services, You
agree that the laws of India shall govern any matter or dispute relatingto or arising out of
these
Terms of Service, as well as any dispute of any kind that may arise between you and the
Owner,
with the exception of its conflict of law provisions. In case any litigation specifically
permitted
under these Terms of Service is initiated, the Parties agree to submit to the exclusive
jurisdiction
of the courts at Kerala, India. The Parties agree that this choice of law, venue, and
jurisdiction
provision is not permissive, but rather mandatory in nature. You hereby waive the right to
any
objection of venue, including assertion of the doctrineof forum non-convenient or similar
doctrine.
ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold,
leased or otherwise transferred in whole or part by you. Should these Terms ofService, or
the
rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Owner,
the
rights and liabilities of the Owner will bind and inure to any assignees, administrators,
successors and executors.
SEVERABILITY: If any part or sub-part of these Terms of Service is held invalid or
unenforceable
by a court of law or competent arbitrator, the remaining parts and sub-parts willbe enforced
to
the maximum extent possible. In such condition, the remainder of these Terms of Service
shall
continue in full force.
NO WAIVER: In the event that we fail to enforce any provision of these Terms of Service,
this
shall not constitute a waiver of any future enforcement of that provision or of anyother
provision. Waiver of any part or sub-part of these Terms of Service will not constitute a
waiver
of any other part or sub-part.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms of
Service are for convenience and organization, only. Headings shall not affect the meaning of
any
provisions of these Terms of Service.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has
been created between the Parties because of these Terms of Service. No Party has
anyauthority
to bind the other to third parties.
FORCE MAJEURE: The Owner is not liable for any failure to perform due to causes beyond its
reasonable control including, but not limited to, acts of God, acts of civil authorities,
acts of
military authorities, riots, embargoes, acts of nature and natural disasters, and other
acts, which
may be due to unforeseen circumstances.
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both
Parties under these Terms of Service, including e-mail or fax. For any questions or
concerns,
please email us at the following address: support@doctor42.com.
Grievance Officer
Name: Address:
Email:
Arunima C
Zynecore Global (P) Ltd
IIITMK Building, Technopark Rd, Technopark Campus, Karyavattom, Kazhakkoottam, Trivandrum,
Kerala 695581, India.
Kerala - 695103
zynecoreglobal@gmail.com