Terms and Conditions of Access & Use

These are the Terms and Conditions of Access & Use by you, for oDoc Mobile App and websites, content, applications, products and services related the oDoc Mobile App developed, provided and maintained by oDoc (Private) Limited (hereinafter referred to as “the Company’)

  1. Definition
    • oDoc’ means an electronic platform developed within the territories of Sri Lanka, provided and maintained by the Company, which consists of data, information, and various computer programs, accessible to users who provide the oDoc License Fee, through an oDoc Service Provider Account or an oDoc Service Receiver
    • oDoc Services’ means the provision of the availability of and access to  ‘Service Applications’ on oDoc, on demand by the oDoc Service Providers and/or oDoc Service Receivers.
    • oDoc Service Provider’ means any qualified person who entered into an agreement with The Company to obtain access to oDoc and procure oDoc Services to provide his/her healthcare services through an oDoc Service Provider Account.
    • ‘oDoc Service Provider Account’ means the user Interface provided to each oDoc Service Provider to access and use oDoc.
    • ‘oDoc Service Receiver Account’ means the User Interface provided to each oDoc Service Receiver to access and use oDoc.
    • oDoc Service Receiver’ means any person who entered into an agreement with the Company to procure oDoc Services to receive his/her healthcare services from an ‘oDoc Service Provider’ through his/her oDoc Service Receiver Account.
    • ‘Service Application’ means a computer program which operates on oDoc that enables oDoc Service Providers to provide their professional services through an oDoc Service Provider Account to any person who seeks such services through an oDoc Service Receiver Account.
    • oDoc Now’ means a computer program operated within oDoc which allows oDoc Service Receivers to have medical consultations through a video and/or audio link with any oDoc Service Provider active at the time of access.
    • oDoc EHR’ means a computer program that operates within oDoc, which can be used to create, access and maintain a health record, which consists of following data and information with regard to a Patient.

Patient’s Personal Details (Name, Address, Contact Number, etc.)

Tracking Code for each Individual Patient

Medical Records and Lab Reports of the Patient

Prescriptions Issued to Patient

Consultation Notes made for the – Patient

Consultation History of the -Patient

Health Background of the -Patient

Regular Medication, Allergies and Vaccinations of the Patient

Any other information relating to the Patient or a health service reconceived by a patient

 

  • oDoc Access Subscription”  means the monthly subscription payment which may be required to be paid by oDoc Service Providers and oDoc Service Receivers in order to maintain access to oDoc.
  • Doctor’s Fee’ means the professional fee charged by ‘oDoc Service Providers’ from ‘oDoc Service Receivers’ for their professional services using oDoc Now Service Application.
  • oDoc License Fee’ means the software service license feepayable by the ‘oDoc Service Receivers’ to the Company for the use of oDoc Now Service Application.
  • Registered Patient’ means any person who has an EHR under such person’s name.
  • EHR’ means an Electronic Health Record created in oDoc using oDoc EHR.
  • oDoc Promotion’ means any commercial inducement given to oDoc Service Providers or oDoc Service Receivers by the Company to use oDoc.
  • oDoc Mobile App’ means the mobile software application which connects the oDoc Service Receiver to oDoc and enable such person to obtain medical, health or related services from any oDoc Service  Providers using his/her mobile phone.

 

  1. Contractual Relationship
    • These Terms and Conditions of Access & Use (“Terms“) constitute the agreement between the Company and oDoc Service Receiver (hereinafter sometimes referred as ‘you’/ ‘your’), to obtain access to oDoc and procure oDoc Services for the purpose of receiving medical/health services from an oDoc Service Provider through your oDoc Service Receiver Account.
    • By agreeing to these Terms, you signify your consent to be bound by these Terms and Policies referred hereunder every time you access or use your oDoc Service Receiver Account.
    • You MuST READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING AN ODOC Service Receiver Account AND SIGNIFY YOUR consent by Compleating the registration process of THE odoc Service receiver Acccount and accessing thereto.
    • If you do not accept these Terms and Policies referred to herein, you are not entitled to access or use oDoc and/or oDoc Mobile App.
    • Any access or use of information or data on oDoc, without agreeing to these Terms is considered as unauthorized access.
    • These Terms control the relationship between the Company and you. They do not create any third party beneficiary rights.
    • Neither entering into this Agreement with the Company nor use of oDoc Service Receiver Account/oDoc shall be deemed to establish any relationship between the Company and yourself which can be construed as a relationship between a doctor and a patient.
    • Nothing in this Agreement shall constitute or be deemed to constitute that this is an Agreement to obtain medical or related services from the Company.

 

  1. Obligations of the Parties
    • You agree to obtain access to oDoc and procure oDoc Services from the Company ; and
    • The Company agrees to grant access to oDoc and provide its oDoc Services to you in terms of this Agreement.

 

  1. Access to oDoc
    • Access to oDoc is the key for procuring any oDoc Service offered within oDoc.
    • You, being an oDoc Service Receiver, can access your oDoc Service Receiver Account only through the oDoc Moible App.
    • Upon agreeing to these Terms, you will become an ‘oDoc Service Receiver’ and will be entitled to sign up for your personal ‘oDoc Service Receiver Account’.
    • Upon completion of the all steps of the sign up process, you will be provided an exclusive oDoc Service Receiver Account accessible through the oDoc Mobile App.
    • All information you provide at the time of registration and on each transaction on the oDoc Mobile App must be accurate and shall be kept up to date.
    • You agree to receive video/audio/text consultation requests from oDoc Service Providers upon your confirmation to consult with them. In the event any oDoc Service Provider cannot complete a video/audio/text consultation, you agree to receive mobile calls or short message services from such oDoc Service Providers through the details provided by you in order to complete the consultation.
    • You agree to receive text messages, push notifications, calls and/or emails (from us, oDoc Service Providers or our third-party providers) for oDoc Services.
    • You shall not use the oDoc Mobile App in a medical or other emergency.
    • You accept that oDoc reserves the right to restrict your use of the oDoc Mobile App and/or any of the oDoc Services at any time.
    • Eligibility
      • In order to be eligible to create and maintain an oDoc Service Receiver Account, you must be over 18 years of age.  If you are below 18 years of age it is deemed that your parent or guardian has agreed to our terms and conditions on your behalf.
    • Log In Information
      • Your oDoc Service Receiver Account ‘username’ and ‘password’ is confidential information and you are responsible for maintaining its secrecy.
      • At all times material, you shall keep the ‘username’ and ‘password’ in your custody and it shall not be transferred to any other person. You are advised not to mention your ‘password’ in any correspondence you have with the Company.
    • Every time, your ‘username’ and ‘password’ is entered to log into your oDoc Service Receiver Account, it is deemed and recorded that you have personally entered and logged into your oDoc Service Receiver Account.
    • You are personally responsible and will be held liable for all activities occurred and all services obtained through your oDoc Service Receiver Account.
    • Requirement to make oDoc Access Subscription Payment
      • The Company reserves the right to charge an oDoc Access Subscription from you. The Company is entitled to exercise this right at any time it deems fit by giving prior notice to you.
      • After the Company’s notification of exercising the aforesaid right, oDoc Access Subscription shall be paid on a monthly basis. You must pay your monthly oDoc Access Subscription, at least prior to the last date of previous month.
      • If you fail to pay your oDoc Access Subscription on the due date, your oDoc Service Receiver Account will be deactivated, except with the functionality to make the subscription payment.
    • Account Updates
      • Every time a new feature is added to oDoc or any material system update is installed, if the said new feature or system update affects the Terms prevailing as at that date, you will be informed with regard to new and/or amended Terms, which are in compliance with such change.
      • The Company has the right to install any new feature or update to your oDoc Service Receiver Account without obtaining your prior consent. However, if any such update or feature affects the Terms you will be notified and requested to signify your consent to the new and/or amended Trms in the manner provided in such notification. If you failed to signify your consent, you are not entitled to use the new update or feature. However, if the new update or feature is a necessary update or feature to maintain the uniformity and standards of oDoc or if it is not technically feasible to continue oDoc Service Receiver Account with old features, your disagreement to the amended Terms will be constituted as a termination of this Agreement and thereby of your oDoc Service Receiver Account.
      • If you agree to the new and/or amended Terms, it will be considered that this Agreement is novated or amended as required by under such Terms.
    • Identity
      • Unless you specifically requested otherwise as provided in Clause 6.2, your identity will be disclosed to all oDoc Service Providers from whom you obtain your services through oDoc.
    • Misuse of Your Account
      • The Company has the right to completely terminate or temporarily deactivate any oDoc Service Receiver Account, without any prior notice, for misuse of such oDoc Service Receiver Account.
      • Misuse of an oDoc Service Receiver Account, includes but is not limited to:
        1. Provision of false advice or information
        2. Violation of ethics and laws imposed by any statute or any governing body, including but not limited to those ethics and laws relating to standards of care, the duty of care, and confidentiality
        3. Violation of intellectual property rights of other parties
        4. Use of abusive language
        5. The use of the Account to discredit another oDoc Service Provider
        6. Abusive behavaiour and harassment of any nature
      • If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company has full authority and right to terminate or suspend your oDoc Service Receiver Account at the sole discretion of the company without notice to you.

 

  1. ODoc Services
    • You agree to procure oDoc Services from the Company upon making the applicable payments, if any.
    • Upon your procurement of oDoc Services, the Company agrees to provide oDoc Services relating to following Service Applications;

oDoc Now

oDoc EHR

    • You must not access Service Applications except through your oDoc Service Receiver Account.
    • The Company does not provide you any service other than oDoc Service under this Agreement.
    • You acknowledge that the Company does not provide healthcare, delivery or vendor services or function as a healthcare provider or a provider of advice, diagnosis, treatment, or pharmaceutical and medical testing delivery provider and that all such healthcare, information, delivery and vendor services are provided by independent third parties who are not agents, employees or affiliates of the Company.

 

  1. oDoc Now Service Application
    • oDoc Now Appointments and Video/Audio Medical/Health Consultations:
      • After logging in to your oDoc Service Receiver Account you are allowed to select and make an appointment with any available oDoc Service Provider.
      • The Company reserves the right to manage the hours of when oDoc Service Providers are made available online through the oDoc Mobile App.
      • If you are making an appointment on behalf of another person, you must provide the identification details of such person to the oDoc Service Provider, in the manner provided in the oDoc Service Receiver Account.
      • Once an appointment is made, the relevant oDoc Service Provider has the right to accept or reject your appointment.
      • If the appointment is confirmed, you must make the total of both Doctor’s Fee and oDoc License Fee to the Company. Upon receiving such payment the Company is obliged to remit the Doctor’s Fee to the relevant oDoc Service Provider.
      • You are not entitled to be connected to any oDoc Service Provider until your payment is accepted.
  • Upon completion of the oDoc Now session, the Registered Patient’s oDoc EHR will be updated with the consultation note of the relevant oDoc Service Provider and the Prescription and other related details, if any.
  • If the Patient is not a Registered Patient, such patient is not entitled to receive prescriptions and consultation notes from the relevant oDoc Service Provider.
  • Anonymous Consultations
    • Using oDoc Service Application, you may make an appointment without revealing your identity to the oDoc Service Provider.
    • If you choose not to reveal your identity to the oDoc Service Provider, you are not entitled to receive a prescription or any other information with regard to your oDoc Now session.
    • You acknowledge that on Anonymous Mode you are only entitled to general advice and no medical advice will be provided on this mode.
  • Payment Refunds
    • You are entitled to have the Doctor’s Fee refunded in the following events:
      • If the oDoc Service Provider decides that he/she cannot diagnose you without having a physical examination; and
      • If the oDoc Service Provider at his/he discretion decidesto not charge a Doctor’s Fee from you.
    • You are entitled to have your total payment refunded in the following events:
      • An oDoc Service Provider decides to cancel a confirmed appointment and you choose not to have the consultation with the next available oDoc Service Provider; and
      • An oDoc Service Provider cannot complete the consultation with you due to a technical difficulty from the oDoc Sevice Provider’s end.
    • In order to obtain a refund, you must make a request to refunds@odoc.life within twenty (24) hours of your consultation. If you fail to do so it is deemed that you have waived you right to obtain a refund.
  • Cancellation of oDoc Now Appointments
    • You are entitled to cancel an oDoc Now appointment you have made, prior to the commencement of the consultation subject to a cancellation fee, which will be decided by the Company from time to time.
    • If the oDoc Service Provider cancels a confirmed appointment with you, you are entitled either to have the consultation with the next available oDoc Service Provider, or to have your payment fully refunded.
  • If you are unable to complete the consultation due to a technical failure on your end and you cannot connect the call within 2 minutes from the time you lost your connection, the oDoc Now session will be automatically terminated. In such event, you willnot be entitled for a refund.

 

  1. oDoc EHR
    • Registering Patients in oDoc EHR:
      • You are obliged to register yourself on oDoc EHR and create an EHR for yourself.
      • You are permitted to create only one EHR under your name. However, you are entitled to create up to three (03) additional EHRs for any child/children under your legal custody or any other dependent member/s of the family by way of adding a Family Member Account. For the purposes of your rights and obligations hereunder, an EHR created by you or an oDoc Service Provider based on you consent, in relation to any child under your legal custody, is deemed as your EHR. Any person on your Family Member Account can use your default payment method to procure oDoc Services.
      • You are fully responsible for maintaining an accurate, reliable and updated EHR.
      • The Company is not responsible for accuracy or reliability of any data or information in any EMR or decisions and inferences made thereunder.
    • Ownership of the EHRs in oDoc EHR
      • You agree that the Registered Patient owns all medical data and information in such person’s EHR, including prescriptions and consultation notes relating to such person made by any oDoc Service Provider. However, the Company reserves the right to collate, analyze, use and share non-personally identifiable data.
      • You agree to allow the Company to keep your EHR within oDoc EHR .
      • You agree to allow the Company use all data and information in oDoc EHR regarding you, subject to oDoc Privacy Policy.
    • Access Restrictions to oDoc EHR
      • You are allowed access to oDoc EHR only through your oDoc Service Receiver Account.
      • You are only permitted to view the EHR of yourself and the EHRs of those dependent on you or under your legal custody created by you or with your permission.
      • You agree to allow oDoc Service Providers to update your EHR each time you receive a service from such oDoc Service Provider.
      • You agree to allow any oDoc Service Provider whom you have requested to view your EHR from shortly before and shortly after the consultation.
      • You agree to allow any oDoc Service Provider whom you have requested, to access any data and information added by any other oDoc Service Provider previously consulted by you, shortly before and shortly after your consultation.
      • You agree to give your consent to oDoc Service Providers to write referrals to other oDoc Service Providers and you acknowledge that this could include the use of information in your EHR.
    • Payment

All payments relating to procuring oDoc Services shall be made at the point of procuring such service in the manner provided in your oDoc Service Receiver Account.

 

  1. Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, transfer, publicly display, , transmit, stream, broadcast or otherwise exploit any material or information on oDoc, except as expressly permitted by the Company; (iii) decompile, reverse engineer or disassemble any material, software code, information; (iv) link to, mirror or frame any portion of any material or information in oDoc; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any material or information on oDoc or unduly burdening or hindering the operation and/or functionality of any aspect of oDoc; or (vi) attempt to gain unauthorized access to or impair any aspect of oDoc or its related systems or networks.

 

  1. Disclaimers; Limitation of Liability; Indemnity
    • Warranty & Disclaimers
      • The Company warrants that it will take all reasonably possible efforts to provide oDoc Services in a reasonable level of skill and care.
      • The Company provides the oDoc Service “As Is”. Other than as expressly set out in the Terms of this Agreement, the Company does not make any specific warranties about oDoc Service, its functionality, features, accuracy, availability, reliability, security, ability to meet your specific needs or non-infrangibility of other persons rights.
      • Further, the Company excludes all implied warranties provided by law including the implied warranties of merchantability and fitness for particular purpose to the extent permitted by law.
    • Third Party Services and Content.

When using oDoc, certain services may be made available or accessed in connection with third party services and content (including advertising) the Company does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. The Company does not endorse such third party services and content and in no event shall the Company be responsible or liable for any products or services of such third party providers.

  • Limitation of Liability
    • When permitted by law, the Company, will not be responsible for loss of profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
    • To the extent permitted by law, in no event shall the total liability of the Company, for any claims arising under this Agreement or in connection thereto, including for any implied warranties, exceed the amount paid by you to the Company, pertaining to the access or use of oDoc Service provided by the Company.
    • In all cases, the Company, will not be liable for any loss or damage that is not reasonably foreseeable.
    • The Company shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if the Company has been advised of the possibility of such damages.
    • The Company shall not be liable for delay or failure in performance resulting from causes beyond the Company’s reasonable control.
    • The Company provides the oDoc Service, and, oDoc Service Providers provide services, in compliance with the Laws and regulations of Sri Lanka, and do not take responsibility for any differences between those rules and any different rules applying to healthcare services anywhere else. In the instance you are accessing the oDoc Service from outside of the territory of Sri Lanka, it is your sole responsibility to check whether it is lawful to access our services and the services of oDoc Service Providers in the territory where you are located and the Company and oDoc Service Providers shall bear no liability in this regard.
    • You acknowledge that the Company shall not be liable in any manner for, and that the Company disclaims all warranties in relation to, the services provided by oDoc Service Providers on oDoc. Further, you acknowledge that the Company shall not be liable for any negligent and/or illegal and/or unlawful acts by oDoc Service Providers on oDoc, including but not limited to acts in the nature of: (a) the provision of false and/or negligent advice or information, (b) the violation of ethics and laws imposed by any statute or any governing body, including but not limited to those ethics and laws relating to standards of care and the duty of care, (c) the violation of intellectual property rights of third parties, and (d) the use of abusive or offensive language. For avoidance of doubt, the Company only provides services that facilitate the provision of services by oDoc Service Providers to users of oDoc, the services provided by each oDoc Service Provider on oDoc is independent of the services provided by the Company, and you acknowledge that you shall receive the services of such oDoc Service Providers at your sole discretion and risk. Such oDoc Service Providers are not to be construed as agents, representatives, or partners of the Company.
  • Indemnity:
    • You agree to indemnify and hold the Company and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of oDoc; (ii) services obtained from you by any person through oDoc; (iii) your breach or violation of any of these Terms; (iv) the Company use of your details or any input made by you to oDoc; or (iv) your violation of the rights of any third party by your activities at oDoc.

 

  1. Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Sri Lanka and each of the parties submit to the exclusive jurisdiction of the Court of competent authority held in Colombo with regard to any claim or matter arising under this Agreement.

For all intents and purposes, the parties to this Agreement are deemed to have entered into it in Colombo.

 

  1. oDoc (Pvt) Ltd’s Responsibilities
    • The Company will endeavor to ensure that the oDoc Mobile App is normally available twenty four (24) hours a day, but shall not be liable if, for any reason, it is not available at any time or for any period. Access to the oDoc Mobile App may be suspended temporarily from time to time and without notice, in the case of system failure, maintenance or repair or for any reason beyond the Company’s control or if the Company deems it necessary.  For the avoidance of doubt, oDoc (Private) Limited shall not be liable for any loss or liability which may be suffered or incurred by you as a result of any suspension of, or interruption to, the operation of the oDoc Mobile App.
    • The Company does not accept any responsibility to you for instances including but not limited to:
  2. malfunctions in communications facilities which cannot reasonably be considered to be under the Company’s control and that may affect the accuracy or timeliness of messages you send or the material you access via the oDoc Mobile App;
  3. any losses or delays in transmission of messages or material you access arising out of the use of any Internet access service provider or mobile network service provider or caused by any browser or other software which is not under the Company’s control;
  4. viruses that may infect your computer equipment or other property on account of your access to or use of the oDoc Mobile App or your accessing any materials on the oDoc Mobile App;
  5. any unauthorized use or interception of any data message or information before it reaches the oDoc Mobile App or our servers from the oDoc Mobile App;
  6. any unauthorized use of or access to data relating to you or your transactions which is held by the Company (unless such use or access is caused by our negligence, fraud or failure to comply with laws relating to the protection of your data), to the extent permitted by law;
  7. any content provided by third parties.

 

 

  1. Intellectual Property

The website, www.odoc.life, oDoc Service, and oDoc Mobile App, including but not limited to the source codes, techniques, methodologies, and functionalities thereof will remain the property of the Company. All Intellectual Property owned, acquired, developed by the Company in relation to the website www.odoc.life, oDoc Service, and oDoc Mobile App including all intellectual property rights and goodwill of or associated with the operation of the Company’s business shall continue to be held in the name of the Company.

 

  1. Termination of the Agreement

 In addition to the events of termination referred to in these Terms, this Agreement can be terminated as follows:

  • You may terminate this contract at any time. If you voluntarily terminate this you are not entitled to any refund.
  • If you fail to make the required payments by the due date, unless you are exempted from the obligation to pay any such payment under Clause 13, this Agreement will be ipso facto
  • If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company is entitled to terminate this Agreement, at the sole discretion of the company without notice to you.
  • If this Agreement is terminated in any manner provided in these Terms, the Company is only liable to refund you any unutilized subscription payments and/or return all money, collected for and/or on your behalf by the Company as at the date of termination, to you.
  • Once this Agreement is terminated, you are not entitled to access and use oDoc Service Receiver Account.
  • In the event the Company terminates this Agreement, the Company shall not be liable for the data that is maintained by you on the oDoc Mobile App.

 

  1. Data Protection and Privacy Policy
    • You are subjected to the Data Protection and Privacy Policy of the Company applicable to oDoc Mobile App. You must access and read the Data Protection and Privacy Policy of oDoc (Pvt.) Ltd from the link given below.

www.odoc.life

  • Your consent in relation to the Terms herein will signify your express consent to the Data Protection and Privacy Policy of the Company relating to oDoc Mobile App.
  • Any future alterations, additions, or amendments with regard to the said Data Protection and Privacy Policy, will be notified to you. If you disagree with such alterations, additions, or amendments made to the Data Protection and Privacy Policy of the Company relating to oDoc Mobile App, you shall immediately terminate this Agreement and oDoc Service Receiver Account. Your continuous access or use of oDoc Receiver Account, after the receipt of notice with regard to such alterations, additions, or amendments will be considered as your express consent to such alterations, additions, or amendments.

 

 

  1. oDoc Promotions
    • The Company may offer various oDoc Promotions from time to time for both oDoc Service Providers and oDoc Service Receivers.
    • You will be entitled to participate and gain benefits from any oDoc Promotion by agreeing to the specific terms and conditions pertaining to each such respective oDoc Promotion.
    • If there is any conflict between these Terms and the Terms of the oDoc Promotion, the Terms of oDoc Promotion shall prevail.
    • Promotional Codes.

The Company may, in its sole discretion, create promotional codes that may be redeemed by oDoc Service Receivers, subject to any additional terms that the Company establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by the Company; (iii) may be disabled by the Company at any time for any reason without liability to the Company; (iv) may only be used pursuant to the specific terms that the Company establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. the Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that the Company determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

 

  1. General Terms
    • Notices: The Company may give notice by means of a general notice on the oDoc Services, electronic mail to your email address in your oDoc Service Receiver Account, or by written communication sent to your address as set forth in your Service Receiver Account. You may give notice to the Company by written communication to the Company address at 177 Galle Road, Colombo 3, Sri Lanka or email info@odoc.life.
    • Variation: – All additions, alterations or amendments to this Agreement will be effective and enforceable unless you signify your disagreement thereto in writing or any other specific manner oDoc Service Receiver Account allows you to notify your disagreement. If the additions, alterations or amendments is a necessary to maintain the uniformity and standards of oDoc, or it is not technically feasible to allow you to continue with oDoc Service Receiver Account without your consent to such addition, alteration or amendment to this Agreement, by notifying disagreement in the manner set out above you signify your consent to terminate this Agreement and your oDoc Service Receiver Account. You are obliged check these Terms regularly. If you continue to use your oDoc Service Receiver account even after an addition, alternation or amendment to these Terms, you are deemed to have accepted such addition, alternation or amendment.
    • User Provided Content.

The Company may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to the Company through anonymous population data sets of two or more oDoc Service Receivers or the feedback and commenting system of the Application, textual, audio, and/or visual content and information, including commentary and feedback related to the oDoc Services, initiation of support requests, and submission of entries for competitions and promotions (“Non-confidential User Content”).

Any Non-confidential User Content provided by you remains your property. However, by providing Non-confidential User Content to the Company, you grant it a permission to use. , to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Non-confidential User Content in all formats and distribution channels now known or hereafter devised (including in connection with the oDoc Services and the Company’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that either: (i) you  are the sole and exclusive owner of all Non-confidential User Content, or you have all rights, licenses, consents and releases necessary to grant the Company the permission  to the Non-confidential User Content as set forth above; and (ii) neither the Non-confidential User Content nor your submission, uploading, publishing or otherwise making available of such Non-confidential User Content nor the Company’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide Non-confidential User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the Company in its sole discretion, whether or not such material may be protected by law. The Company may, but shall not be obligated to, review, monitor, or remove Non-confidential User Content, at the Company’s sole discretion and at any time and for any reason, without notice to you.

  • Severability: Should any provision of this Agreement become illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect or impair the legality, validity or enforceability of any other provision of this Agreement which shall remain entirely legal, valid and enforceable.
  • Entire Agreement: This Agreement, and Policies referred hereunder constitutes the entire agreement between you and the Company in respect of the subject matter hereof and supersedes all prior agreements and undertakings, both oral and written, among the Parties, or any of them, in respect of such subject matter. No such prior agreement or undertaking may contradict, vary or supplement this Agreement.
  • Assignment: You are not entitled to assign your rights and obligations under this Agreement to any party. The Company is entitled to assign all its rights and obligations under this Agreement to any party, by giving a prior notice to you through your oDoc Service Receiver Account or any other means selected by the Company. If you disagree with such assignment of rights and obligations you shall immediately terminate the Contract and oDoc Service Receiver Account. If you access or use your oDoc Service Receiver Account after receiving the notice of Assignment, such action will be considered as your express consent to the notified assignment.
  • Headings: The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
  • Waiver: Nothing shall be considered as a waiver of any provision of this Agreement unless it is expressly made in writing by the Company.
  • Force majeure: The Company shall not be deemed in default hereunder for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, cyber-attack, unavailability of internet services, fatal system failure.

 

  1. Other Terms
    • The Company does not have a feature for the video or audio of a consultation to be recorded in any form, by either the service provider or service receiver. The recording in any form, of the audio or video of a consultation is strictly prohibited and will lead to termination.
    • The Company’s Terms are written in English (United Kingdom). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version shall prevail.

Terms and Conditions of Access & Use

These are the Terms and Conditions of Access & Use by you, an individual, for oDoc Mobile App and websites, content, applications, products and services related the oDoc Mobile App developed, provided and maintained by oDoc (Private) Limited (hereinafter referred to as “the Company’)

  1. Definition
    • oDoc’ means an electronic platform developed within the territories of Sri Lanka, provided and maintained by the Company, which consists of data, information, and various computer programs, accessible to users who provide the oDoc License Fee, through an oDoc Service Provider Account or an oDoc Service Receiver
    • oDoc Services’ means the provision of the availability of and access to  ‘Service Applications’ on oDoc, on demand by the oDoc Service Providers and/or oDoc Service Receivers.
    • oDoc Service Provider’ means any qualified person who entered into an agreement with The Company to obtain access to oDoc and procure oDoc Services to provide his/her healthcare services through an oDoc Service Provider Account.
    • ‘oDoc Service Provider Account’ means the user Interface provided to each oDoc Service Provider to access and use oDoc.
    • ‘oDoc Service Receiver Account’ means the User Interface provided to each oDoc Service Receiver to access and use oDoc.
    • oDoc Service Receiver’ means any person who entered into an agreement with the Company to procure oDoc Services to receive his/her healthcare services from an ‘oDoc Service Provider’ through his/her oDoc Service Receiver Account.
    • ‘Service Application’ means a computer program which operates on oDoc that enables oDoc Service Providers to provide their professional services through an oDoc Service Provider Account to any person who seeks such services through an oDoc Service Receiver Account.
    • oDoc Now’ means a computer program operated within oDoc which allows oDoc Service Receivers to have medical consultations through a video and/or audio link with any oDoc Service Provider active at the time of access.
    • oDoc EHR’ means a computer program that operates within oDoc, which can be used to create, access and maintain a health record, which consists of following data and information with regard to a Patient.

Patient’s Personal Details (Name, Address, Contact Number, etc.)

Tracking Code for each Individual Patient

Medical Records and Lab Reports of the Patient

Prescriptions Issued to Patient

Consultation Notes made for the – Patient

Consultation History of the -Patient

Health Background of the -Patient

Regular Medication, Allergies and Vaccinations of the Patient

Any other information relating to the Patient or a health service reconceived by a patient

 

  • oDoc Access Subscription”  means the monthly subscription payment which may be required to be paid by oDoc Service Providers and oDoc Service Receivers in order to maintain access to oDoc.
  • Doctor’s Fee’ means the professional fee charged by ‘oDoc Service Providers’ from ‘oDoc Service Receivers’ for their professional services using oDoc Now Service Application.
  • oDoc License Fee’ means the software service license feepayable by the ‘oDoc Service Receivers’ to the Company for the use of oDoc Now Service Application.
  • Registered Patient’ means any person who has an EHR under such person’s name.
  • EHR’ means an Electronic Health Record created in oDoc using oDoc EHR.
  • oDoc Promotion’ means any commercial inducement given to oDoc Service Providers or oDoc Service Receivers by the Company to use oDoc.
  • oDoc Mobile App’ means the mobile software application which connects the oDoc Service Receiver to oDoc and enable such person to obtain medical, health or related services from any oDoc Service  Providers using his/her mobile phone.

 

  1. Contractual Relationship
    • These Terms and Conditions of Access & Use (“Terms“) constitute the agreement between the Company and oDoc Service Receiver (hereinafter sometimes referred as ‘you’/ ‘your’), to obtain access to oDoc and procure oDoc Services for the purpose of receiving medical/health services from an oDoc Service Provider through your oDoc Service Receiver Account.
    • By agreeing to these Terms, you signify your consent to be bound by these Terms and Policies referred hereunder every time you access or use your oDoc Service Receiver Account.
    • You MuST READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING AN ODOC Service Receiver Account AND SIGNIFY YOUR consent by Compleating the registration process of THE odoc Service receiver Acccount and accessing thereto.
    • If you do not accept these Terms and Policies referred to herein, you are not entitled to access or use oDoc and/or oDoc Mobile App.
    • Any access or use of information or data on oDoc, without agreeing to these Terms is considered as unauthorized access.
    • These Terms control the relationship between the Company and you. They do not create any third party beneficiary rights.
    • Neither entering into this Agreement with the Company nor use of oDoc Service Receiver Account/oDoc shall be deemed to establish any relationship between the Company and yourself which can be construed as a relationship between a doctor and a patient.
    • Nothing in this Agreement shall constitute or be deemed to constitute that this is an Agreement to obtain medical or related services from the Company.

 

  1. Obligations of the Parties
    • You agree to obtain access to oDoc and procure oDoc Services from the Company ; and
    • The Company agrees to grant access to oDoc and provide its oDoc Services to you in terms of this Agreement.

 

  1. Access to oDoc
    • Access to oDoc is the key for procuring any oDoc Service offered within oDoc.
    • You, being an oDoc Service Receiver, can access your oDoc Service Receiver Account only through the oDoc Moible App.
    • Upon agreeing to these Terms, you will become an ‘oDoc Service Receiver’ and will be entitled to sign up for your personal ‘oDoc Service Receiver Account’.
    • Upon completion of the all steps of the sign up process, you will be provided an exclusive oDoc Service Receiver Account accessible through the oDoc Mobile App.
    • All information you provide at the time of registration and on each transaction on the oDoc Mobile App must be accurate and shall be kept up to date.
    • You agree to receive video/audio/text consultation requests from oDoc Service Providers upon your confirmation to consult with them. In the event any oDoc Service Provider cannot complete a video/audio/text consultation, you agree to receive mobile calls or short message services from such oDoc Service Providers through the details provided by you in order to complete the consultation.
    • You agree to receive text messages, push notifications, calls and/or emails (from us, oDoc Service Providers or our third-party providers) for oDoc Services.
    • You shall not use the oDoc Mobile App in a medical or other emergency.
    • You accept that oDoc reserves the right to restrict your use of the oDoc Mobile App and/or any of the oDoc Services at any time.
    • Eligibility
      • In order to be eligible to create and maintain an oDoc Service Receiver Account, you must be over 18 years of age.  If you are below 18 years of age it is deemed that your parent or guardian has agreed to our terms and conditions on your behalf.
    • Log In Information
      • Your oDoc Service Receiver Account ‘username’ and ‘password’ is confidential information and you are responsible for maintaining its secrecy.
      • At all times material, you shall keep the ‘username’ and ‘password’ in your custody and it shall not be transferred to any other person. You are advised not to mention your ‘password’ in any correspondence you have with the Company.
    • Every time, your ‘username’ and ‘password’ is entered to log into your oDoc Service Receiver Account, it is deemed and recorded that you have personally entered and logged into your oDoc Service Receiver Account.
    • You are personally responsible and will be held liable for all activities occurred and all services obtained through your oDoc Service Receiver Account.
    • Requirement to make oDoc Access Subscription Payment
      • The Company reserves the right to charge an oDoc Access Subscription from you. The Company is entitled to exercise this right at any time it deems fit by giving prior notice to you.
      • After the Company’s notification of exercising the aforesaid right, oDoc Access Subscription shall be paid on a monthly basis. You must pay your monthly oDoc Access Subscription, at least prior to the last date of previous month.
      • If you fail to pay your oDoc Access Subscription on the due date, your oDoc Service Receiver Account will be deactivated, except with the functionality to make the subscription payment.
    • Account Updates
      • Every time a new feature is added to oDoc or any material system update is installed, if the said new feature or system update affects the Terms prevailing as at that date, you will be informed with regard to new and/or amended Terms, which are in compliance with such change.
      • The Company has the right to install any new feature or update to your oDoc Service Receiver Account without obtaining your prior consent. However, if any such update or feature affects the Terms you will be notified and requested to signify your consent to the new and/or amended Trms in the manner provided in such notification. If you failed to signify your consent, you are not entitled to use the new update or feature. However, if the new update or feature is a necessary update or feature to maintain the uniformity and standards of oDoc or if it is not technically feasible to continue oDoc Service Receiver Account with old features, your disagreement to the amended Terms will be constituted as a termination of this Agreement and thereby of your oDoc Service Receiver Account.
      • If you agree to the new and/or amended Terms, it will be considered that this Agreement is novated or amended as required by under such Terms.
    • Identity
      • Unless you specifically requested otherwise as provided in Clause 6.2, your identity will be disclosed to all oDoc Service Providers from whom you obtain your services through oDoc.
    • Misuse of Your Account
      • The Company has the right to completely terminate or temporarily deactivate any oDoc Service Receiver Account, without any prior notice, for misuse of such oDoc Service Receiver Account.
      • Misuse of an oDoc Service Receiver Account, includes but is not limited to:
        1. Provision of false advice or information
        2. Violation of ethics and laws imposed by any statute or any governing body, including but not limited to those ethics and laws relating to standards of care, the duty of care, and confidentiality
        3. Violation of intellectual property rights of other parties
        4. Use of abusive language
        5. The use of the Account to discredit another oDoc Service Provider
        6. Abusive behavaiour and harassment of any nature
    • If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company has full authority and right to terminate or suspend your oDoc Service Receiver Account at the sole discretion of the company without notice to you.

 

  1. ODoc Services
    • You agree to procure oDoc Services from the Company upon making the applicable payments, if any.
    • Upon your procurement of oDoc Services, the Company agrees to provide oDoc Services relating to following Service Applications;

oDoc Now

oDoc EHR

    • You must not access Service Applications except through your oDoc Service Receiver Account.
    • The Company does not provide you any service other than oDoc Service under this Agreement.
    • You acknowledge that the Company does not provide healthcare, delivery or vendor services or function as a healthcare provider or a provider of advice, diagnosis, treatment, or pharmaceutical and medical testing delivery provider and that all such healthcare, information, delivery and vendor services are provided by independent third parties who are not agents, employees or affiliates of the Company.

 

  1. Odoc Now Service Application
    • oDoc Now Appointments and Video/Audio Medical/Health Consultations:
      • After logging in to your oDoc Service Receiver Account you are allowed to select and make an appointment with any available oDoc Service Provider.
      • The Company reserves the right to manage the hours of when oDoc Service Providers are made available online through the oDoc Mobile App.
      • If you are making an appointment on behalf of another person, you must provide the identification details of such person to the oDoc Service Provider, in the manner provided in the oDoc Service Receiver Account.
      • Once an appointment is made, the relevant oDoc Service Provider has the right to accept or reject your appointment.
      • If the appointment is confirmed, you must make the total of both Doctor’s Fee and oDoc License Fee to the Company. Upon receiving such payment the Company is obliged to remit the Doctor’s Fee to the relevant oDoc Service Provider.
      • You are not entitled to be connected to any oDoc Service Provider until your payment is accepted.
  • Upon completion of the oDoc Now session, the Registered Patient’s oDoc EHR will be updated with the consultation note of the relevant oDoc Service Provider and the Prescription and other related details, if any.
  • If the Patient is not a Registered Patient, such patient is not entitled to receive prescriptions and consultation notes from the relevant oDoc Service Provider.
  • Anonymous Consultations
    • Using oDoc Service Application, you may make an appointment without revealing your identity to the oDoc Service Provider.
    • If you choose not to reveal your identity to the oDoc Service Provider, you are not entitled to receive a prescription or any other information with regard to your oDoc Now session.
    • You acknowledge that on Anonymous Mode you are only entitled to general advice and no medical advice will be provided on this mode.
  • Payment Refunds
    • You are entitled to have the Doctor’s Fee refunded in the following events:
      • If the oDoc Service Provider decides that he/she cannot diagnose you without having a physical examination; and
      • If the oDoc Service Provider at his/he discretion decidesto not charge a Doctor’s Fee from you.
    • You are entitled to have your total payment refunded in the following events:
      • An oDoc Service Provider decides to cancel a confirmed appointment and you choose not to have the consultation with the next available oDoc Service Provider; and
      • An oDoc Service Provider cannot complete the consultation with you due to a technical difficulty from the oDoc Sevice Provider’s end.
    • In order to obtain a refund, you must make a request to refunds@odoc.life within twenty (24) hours of your consultation. If you fail to do so it is deemed that you have waived you right to obtain a refund.
  • Cancellation of oDoc Now Appointments
    • You are entitled to cancel an oDoc Now appointment you have made, prior to the commencement of the consultation subject to a cancellation fee, which will be decided by the Company from time to time.
    • If the oDoc Service Provider cancels a confirmed appointment with you, you are entitled either to have the consultation with the next available oDoc Service Provider, or to have your payment fully refunded.
  • If you are unable to complete the consultation due to a technical failure on your end and you cannot connect the call within 2 minutes from the time you lost your connection, the oDoc Now session will be automatically terminated. In such event, you willnot be entitled for a refund.

 

  1. oDoc EHR
    • Registering Patients in oDoc EHR:
      • You are obliged to register yourself on oDoc EHR and create an EHR for yourself.
      • You are permitted to create only one EHR under your name. However, you are entitled to create up to three (03) additional EHRs for any child/children under your legal custody or any other dependent member/s of the family by way of adding a Family Member Account. For the purposes of your rights and obligations hereunder, an EHR created by you or an oDoc Service Provider based on you consent, in relation to any child under your legal custody, is deemed as your EHR. Any person on your Family Member Account can use your default payment method to procure oDoc Services.
      • You are fully responsible for maintaining an accurate, reliable and updated EHR.
      • The Company is not responsible for accuracy or reliability of any data or information in any EMR or decisions and inferences made thereunder.
    • Ownership of the EHRs in oDoc EHR
      • You agree that the Registered Patient owns all medical data and information in such person’s EHR, including prescriptions and consultation notes relating to such person made by any oDoc Service Provider. However, the Company reserves the right to collate, analyze, use and share non-personally identifiable data.
      • You agree to allow the Company to keep your EHR within oDoc EHR .
      • You agree to allow the Company use all data and information in oDoc EHR regarding you, subject to oDoc Privacy Policy.
    • Access Restrictions to oDoc EHR
      • You are allowed access to oDoc EHR only through your oDoc Service Receiver Account.
      • You are only permitted to view the EHR of yourself and the EHRs of those dependent on you or under your legal custody created by you or with your permission.
      • You agree to allow oDoc Service Providers to update your EHR each time you receive a service from such oDoc Service Provider.
      • You agree to allow any oDoc Service Provider whom you have requested to view your EHR from shortly before and shortly after the consultation.
      • You agree to allow any oDoc Service Provider whom you have requested, to access any data and information added by any other oDoc Service Provider previously consulted by you, shortly before and shortly after your consultation.
      • You agree to give your consent to oDoc Service Providers to write referrals to other oDoc Service Providers and you acknowledge that this could include the use of information in your EHR.
    • Payment

All payments relating to procuring oDoc Services shall be made at the point of procuring such service in the manner provided in your oDoc Service Receiver Account.

 

  1. Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, transfer, publicly display, , transmit, stream, broadcast or otherwise exploit any material or information on oDoc, except as expressly permitted by the Company; (iii) decompile, reverse engineer or disassemble any material, software code, information; (iv) link to, mirror or frame any portion of any material or information in oDoc; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any material or information on oDoc or unduly burdening or hindering the operation and/or functionality of any aspect of oDoc; or (vi) attempt to gain unauthorized access to or impair any aspect of oDoc or its related systems or networks.

 

  1. Disclaimers; Limitation of Liability; Indemnity
    • Warranty & Disclaimers
      • The Company warrants that it will take all reasonably possible efforts to provide oDoc Services in a reasonable level of skill and care.
      • The Company provides the oDoc Service “As Is”. Other than as expressly set out in the Terms of this Agreement, the Company does not make any specific warranties about oDoc Service, its functionality, features, accuracy, availability, reliability, security, ability to meet your specific needs or non-infrangibility of other persons rights.
      • Further, the Company excludes all implied warranties provided by law including the implied warranties of merchantability and fitness for particular purpose to the extent permitted by law.
    • Third Party Services and Content.

When using oDoc, certain services may be made available or accessed in connection with third party services and content (including advertising) the Company does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. The Company does not endorse such third party services and content and in no event shall the Company be responsible or liable for any products or services of such third party providers.

  • Limitation of Liability
    • When permitted by law, the Company, will not be responsible for loss of profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
    • To the extent permitted by law, in no event shall the total liability of the Company, for any claims arising under this Agreement or in connection thereto, including for any implied warranties, exceed the amount paid by you to the Company, pertaining to the access or use of oDoc Service provided by the Company.
    • In all cases, the Company, will not be liable for any loss or damage that is not reasonably foreseeable.
    • The Company provides the oDoc Service, and, oDoc Service Providers provide services, in compliance with the Laws and regulations of Sri Lanka, and do not take responsibility for any differences between those rules and any different rules applying to healthcare services anywhere else. In the instance you are accessing the oDoc Service from outside of the territory of Sri Lanka, it is your sole responsibility to check whether it is lawful to access our services and the services of oDoc Service Providers in the territory where you are located and the Company and oDoc Service Providers shall bear no liability in this regard.
    • The Company shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if the Company has been advised of the possibility of such damages.
    • The Company shall not be liable for delay or failure in performance resulting from causes beyond the Company’s reasonable control.
      You acknowledge that the Company shall not be liable in any manner for, and that the Company disclaims all warranties in relation to, the services provided by oDoc Service Providers on oDoc. Further, you acknowledge that the Company shall not be liable for any negligent and/or illegal and/or unlawful acts by oDoc Service Providers on oDoc, including but not limited to acts in the nature of: (a) the provision of false and/or negligent advice or information, (b) the violation of ethics and laws imposed by any statute or any governing body, including but not limited to those ethics and laws relating to standards of care and the duty of care, (c) the violation of intellectual property rights of third parties, and (d) the use of abusive or offensive language. For avoidance of doubt, the Company only provides services that facilitate the provision of services by oDoc Service Providers to users of oDoc, the services provided by each oDoc Service Provider on oDoc is independent of the services provided by the Company, and you acknowledge that you shall receive the services of such oDoc Service Providers at your sole discretion and risk. Such oDoc Service Providers are not to be construed as agents, representatives, or partners of the Company.
  • Indemnity:
    • You agree to indemnify and hold the Company and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of oDoc; (ii) services obtained from you by any person through oDoc; (iii) your breach or violation of any of these Terms; (iv) the Company use of your details or any input made by you to oDoc; or (iv) your violation of the rights of any third party by your activities at oDoc.

 

  1. Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Sri Lanka and each of the parties submit to the exclusive jurisdiction of the Court of competent authority held in Colombo with regard to any claim or matter arising under this Agreement.

For all intents and purposes, the parties to this Agreement are deemed to have entered into it in Colombo.

 

  1. oDoc (Pvt) Ltd’s Responsibilities
    • The Company will endeavor to ensure that the oDoc Mobile App is normally available twenty four (24) hours a day, but shall not be liable if, for any reason, it is not available at any time or for any period. Access to the oDoc Mobile App may be suspended temporarily from time to time and without notice, in the case of system failure, maintenance or repair or for any reason beyond the Company’s control or if the Company deems it necessary.  For the avoidance of doubt, oDoc (Private) Limited shall not be liable for any loss or liability which may be suffered or incurred by you as a result of any suspension of, or interruption to, the operation of the oDoc Mobile App.
    • The Company does not accept any responsibility to you for instances including but not limited to:
  2. malfunctions in communications facilities which cannot reasonably be considered to be under the Company’s control and that may affect the accuracy or timeliness of messages you send or the material you access via the oDoc Mobile App;
  3. any losses or delays in transmission of messages or material you access arising out of the use of any Internet access service provider or mobile network service provider or caused by any browser or other software which is not under the Company’s control;
  4. viruses that may infect your computer equipment or other property on account of your access to or use of the oDoc Mobile App or your accessing any materials on the oDoc Mobile App;
  5. any unauthorized use or interception of any data message or information before it reaches the oDoc Mobile App or our servers from the oDoc Mobile App;
  6. any unauthorized use of or access to data relating to you or your transactions which is held by the Company (unless such use or access is caused by our negligence, fraud or failure to comply with laws relating to the protection of your data), to the extent permitted by law;
  7. any content provided by third parties.

 

 

  1. Intellectual Property

The website, www.odoc.life, oDoc Service, and oDoc Mobile App, including but not limited to the source codes, techniques, methodologies, and functionalities thereof will remain the property of the Company. All Intellectual Property owned, acquired, developed by the Company in relation to the website www.odoc.life, oDoc Service, and oDoc Mobile App including all intellectual property rights and goodwill of or associated with the operation of the Company’s business shall continue to be held in the name of the Company.

 

  1. Termination of the Agreement

 In addition to the events of termination referred to in these Terms, this Agreement can be terminated as follows:

  • You may terminate this contract at any time. If you voluntarily terminate this you are not entitled to any refund.
  • If you fail to make the required payments by the due date, unless you are exempted from the obligation to pay any such payment under Clause 13, this Agreement will be ipso facto.
  • If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, The Company is entitled to terminate this Agreement, at the sole discretion of the company without notice to you.
  • If this Agreement is terminated in any manner provided in these Terms, the Company is only liable to refund you any unutilized subscription payments and/or return all money, collected for and/or on your behalf by the Company as at the date of termination, to you.
  • Once this Agreement is terminated, you are not entitled to access and use oDoc Service Receiver Account.
  • In the event the Company terminates this Agreement, the Company shall not be liable for the data that is maintained by you on the oDoc Mobile App.

 

  1. Data Protection and Privacy Policy
    • You are subjected to the Data Protection and Privacy Policy of the Company applicable to oDoc Mobile App. You must access and read the Data Protection and Privacy Policy of oDoc (Pvt.) Ltd from the link given below.

www.odoc.life

  • Your consent in relation to the Terms herein will signify your express consent to the Data Protection and Privacy Policy of the Company relating to oDoc Mobile App.
  • Any future alterations, additions, or amendments with regard to the said Data Protection and Privacy Policy, will be notified to you. If you disagree with such alterations, additions, or amendments made to the Data Protection and Privacy Policy of the Company relating to oDoc Mobile App, you shall immediately terminate this Agreement and oDoc Service Receiver Account. Your continuous access or use of oDoc Receiver Account, after the receipt of notice with regard to such alterations, additions, or amendments will be considered as your express consent to such alterations, additions, or amendments.

 

 

  1. oDoc Promotions
    • The Company may offer various oDoc Promotions from time to time for both oDoc Service Providers and oDoc Service Receivers.
    • You will be entitled to participate and gain benefits from any oDoc Promotion by agreeing to the specific terms and conditions pertaining to each such respective oDoc Promotion.
    • If there is any conflict between these Terms and the Terms of the oDoc Promotion, the Terms of oDoc Promotion shall prevail.
    • Promotional Codes.

The Company may, in its sole discretion, create promotional codes that may be redeemed by oDoc Service Receivers, subject to any additional terms that the Company establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by the Company; (iii) may be disabled by the Company at any time for any reason without liability to the Company; (iv) may only be used pursuant to the specific terms that the Company establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. the Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that the Company determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

 

  1. General Terms
    • Notices: The Company may give notice by means of a general notice on the oDoc Services, electronic mail to your email address in your oDoc Service Receiver Account, or by written communication sent to your address as set forth in your Service Receiver Account. You may give notice to the Company by written communication to the Company address at 177 Galle Road, Colombo 3, Sri Lanka or email info@odoc.life.
    • Variation: – All additions, alterations or amendments to this Agreement will be effective and enforceable unless you signify your disagreement thereto in writing or any other specific manner oDoc Service Receiver Account allows you to notify your disagreement. If the additions, alterations or amendments is a necessary to maintain the uniformity and standards of oDoc, or it is not technically feasible to allow you to continue with oDoc Service Receiver Account without your consent to such addition, alteration or amendment to this Agreement, by notifying disagreement in the manner set out above you signify your consent to terminate this Agreement and your oDoc Service Receiver Account. You are obliged check these Terms regularly. If you continue to use your oDoc Service Receiver account even after an addition, alternation or amendment to these Terms, you are deemed to have accepted such addition, alternation or amendment.
    • User Provided Content.

The Company may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to the Company through anonymous population data sets of two or more oDoc Service Receivers or the feedback and commenting system of the Application, textual, audio, and/or visual content and information, including commentary and feedback related to the oDoc Services, initiation of support requests, and submission of entries for competitions and promotions (“Non-confidential User Content”).

Any Non-confidential User Content provided by you remains your property. However, by providing Non-confidential User Content to the Company, you grant it a permission to use. , to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Non-confidential User Content in all formats and distribution channels now known or hereafter devised (including in connection with the oDoc Services and the Company’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that either: (i) you  are the sole and exclusive owner of all Non-confidential User Content, or you have all rights, licenses, consents and releases necessary to grant the Company the permission  to the Non-confidential User Content as set forth above; and (ii) neither the Non-confidential User Content nor your submission, uploading, publishing or otherwise making available of such Non-confidential User Content nor the Company’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide Non-confidential User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the Company in its sole discretion, whether or not such material may be protected by law. The Company may, but shall not be obligated to, review, monitor, or remove Non-confidential User Content, at the Company’s sole discretion and at any time and for any reason, without notice to you.

  • Severability: Should any provision of this Agreement become illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect or impair the legality, validity or enforceability of any other provision of this Agreement which shall remain entirely legal, valid and enforceable.
  • Entire Agreement: This Agreement, and Policies referred hereunder constitutes the entire agreement between you and the Company in respect of the subject matter hereof and supersedes all prior agreements and undertakings, both oral and written, among the Parties, or any of them, in respect of such subject matter. No such prior agreement or undertaking may contradict, vary or supplement this Agreement.
  • Assignment: You are not entitled to assign your rights and obligations under this Agreement to any party. The Company is entitled to assign all its rights and obligations under this Agreement to any party, by giving a prior notice to you through your oDoc Service Receiver Account or any other means selected by the Company. If you disagree with such assignment of rights and obligations you shall immediately terminate the Contract and oDoc Service Receiver Account. If you access or use your oDoc Service Receiver Account after receiving the notice of Assignment, such action will be considered as your express consent to the notified assignment.
  • Headings: The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
  • Waiver: Nothing shall be considered as a waiver of any provision of this Agreement unless it is expressly made in writing by the Company.
  • Force majeure: The Company shall not be deemed in default hereunder for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, cyber-attack, unavailability of internet services, fatal system failure.

 

  1. Other Terms
    • The Company does not have a feature for the video or audio of a consultation to be recorded in any form, by either the service provider or service receiver. The recording in any form, of the audio or video of a consultation is strictly prohibited and will lead to termination.
    • The Company’s Terms are written in English (United Kingdom). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version shall prevail.
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SERVICE RECEIVER PRIVACY STATEMENT

oDoc collects information about you when you use our mobile applications, websites, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. The Services are provided by FixMe (Private) Limited, and this Privacy Statement applies to information collected and used by FixMe (Private) Limited (FixMe (Private) Limited is referred to herein as “oDoc” or “we”).

Scope and Application

This Privacy Statement (“Statement”) applies to persons anywhere in the world who use our apps or Services to request healthcare services or other services (“Service Receivers”). This Statement does not apply to information we collect from or about independent healthcare professionals, partner companies, service providers or any other persons who use the oDoc platform under license (collectively “Service Provider”). If you interact with the Services as both a Service Receiver and a Service Provider, the respective privacy statements apply to your different interactions.

Collection of Information

Information You Provide to Us

We collect information you provide directly to us, such as when you create or modify your account, request services, contact customer support, or otherwise communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment method, health records, and other information you choose to provide.

Information We Collect Through Your Use of Our Services

When you use our Services, we collect information about you in the following general categories:

 

Location Information: When you use the Services for consultations, we may also derive your approximate location from your IP address.

 

Contacts Information: If you permit the oDoc app to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate social interactions through our Services and for other purposes described in this Statement or at the time of consent or collection.

 

Transaction Information: We collect transaction details related to your use of our Services, including the type of service requested, date and time the service was provided, amount charged, time utilised, and other related transaction details. Additionally, if someone uses your promo code, we may associate your name with that person.

 

Usage and Preference Information: We collect information about how you and site visitors interact with our Services, preferences expressed, and settings chosen. In some cases we do this through the use of cookies, pixel tags, and similar technologies that create and maintain unique identifiers.

 

Device Information: We may collect information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.

 

Call and SMS Data: Our Services facilitate communications between Service Receivers and Service Providers. In connection with facilitating this service, we receive call data.

 

Log Information: When you interact with the Services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services.

 

Health Information: When you interact with the service, we collect your personally identifiable health information. We do this through the data you enter as well as the Service Providers.

Important Information About Platform Permissions

Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the oDoc app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the oDoc app seeks before you first use the app, and your use of the app constitutes your consent.

Information We Collect From Other Sources

We may also receive information from other sources and combine that with information we collect through our Services. For example:

 

If you choose to link, create, or log in to your oDoc account with a payment provider (e.g., Google Wallet) or social media service (e.g., Facebook), or if you engage with a separate app or website that uses our API (or whose API we use), we may receive information about you or your connections from that site or app.

 

If your employer uses one of our enterprise solutions, such as oDoc for Business, we may receive information about you from your employer.

 

When you request services, our Service Providers may provide us with a Service Receiver rating after providing services to you.

 

If you also interact with our Services in another capacity, for instance as an Service Provider or Service Receiver of other apps we provide, we may combine or associate that information with information we have collected from you in your capacity as a Service Receiver.

Use of Information

We may use the information we collect about you to:

 

Provide, maintain, and improve our Services, including, for example, to facilitate payments, send receipts, provide products and services you request (and send related information), develop new features, provide customer support to Service Receivers and Service Providers, develop safety features, authenticate Service Receivers, and send product updates and administrative messages;

 

Perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;

 

Send or facilitate communications (i) between you and a Service Provider, such as reports, notes and instant messages, or (ii) between you and a contact of yours at your direction in connection with your use of certain features, such as referrals or invites;

 

Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of oDoc and other companies, where permissible and according to local applicable laws; and to process contest, sweepstake, or other promotion entries and fulfill any related awards;

 

Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements.

We may transfer the information described in this Statement to, and process and store it in, an overseas country or countries. Where this is the case, we will take appropriate measures to protect your personal information in accordance with this Statement.

Sharing of Information

We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows:

Through Our Services

We may share your information:

 

With Service Providers to enable them to provide the Services you request. For example, we share your name, photo (if you provide one), average Service Receiver rating given by Service Providers, and your past medical history with Service Providers as disclosed by you;

 

With third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us;

 

With the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public;

 

With third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate; and

 

With your employer (or similar entity) and any necessary third parties engaged by us or your employer (e.g., an expense management service provider), if you participate in any of our enterprise solutions such as oDoc for Business.

Other Important Sharing

We may share your information:

 

With oDoc subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and / or logistics purposes;

 

With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;

 

In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;

 

With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our Service Receiver agreements, Terms of Service, or policies, or to protect the rights, property, or safety of oDoc or others;

 

In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company; and

 

In an aggregated and/or anonymized form which cannot reasonably be used to identify you.

Social Sharing Features

The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service.

Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.

Analytics and Advertising Services Provided by Others

We may allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify your device when you visit our site and use our Services, as well as when you visit other online sites and services.

Your Choices

Account Information

You may correct your account information at any time by logging into your online or in-app account. If you wish to cancel your account, please email us at info@odoc.lk. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.

Access Rights

oDoc will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.

Contact Information

We may also seek permission for our app’s collection and syncing of contact information from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, iOS Service Receivers can later disable it by changing the contacts settings on your mobile device. The Android platform does not provide such a setting.

Changes to the Statement

We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the Statement for the latest information on our privacy practices.

Contact Us

If you have any questions about this Privacy Statement, please contact us at info@odoc.lk, or write us at FixMe (Private) Limited., Attn: Legal, 177 Galle Road, Colombo 3, Sri Lanka.

SERVICE RECEIVER PRIVACY STATEMENT

oDoc collects information about you when you use our mobile applications, websites, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. The Services are provided by FixMe (Private) Limited, and this Privacy Statement applies to information collected and used by FixMe (Private) Limited (FixMe (Private) Limited is referred to herein as “oDoc” or “we”).

Scope and Application

This Privacy Statement (“Statement”) applies to persons anywhere in the world who use our apps or Services to request healthcare services or other services (“Service Receivers”). This Statement does not apply to information we collect from or about independent healthcare professionals, partner companies, service providers or any other persons who use the oDoc platform under license (collectively “Service Provider”). If you interact with the Services as both a Service Receiver and a Service Provider, the respective privacy statements apply to your different interactions.

Collection of Information

Information You Provide to Us

We collect information you provide directly to us, such as when you create or modify your account, request services, contact customer support, or otherwise communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment method, health records, and other information you choose to provide.

Information We Collect Through Your Use of Our Services

When you use our Services, we collect information about you in the following general categories:

 

Location Information: When you use the Services for consultations, we may also derive your approximate location from your IP address.

 

Contacts Information: If you permit the oDoc app to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate social interactions through our Services and for other purposes described in this Statement or at the time of consent or collection.

 

Transaction Information: We collect transaction details related to your use of our Services, including the type of service requested, date and time the service was provided, amount charged, time utilised, and other related transaction details. Additionally, if someone uses your promo code, we may associate your name with that person.

 

Usage and Preference Information: We collect information about how you and site visitors interact with our Services, preferences expressed, and settings chosen. In some cases we do this through the use of cookies, pixel tags, and similar technologies that create and maintain unique identifiers.

 

Device Information: We may collect information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.

 

Call and SMS Data: Our Services facilitate communications between Service Receivers and Service Providers. In connection with facilitating this service, we receive call data.

 

Log Information: When you interact with the Services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services.

 

Health Information: When you interact with the service, we collect your personally identifiable health information. We do this through the data you enter as well as the Service Providers.

Important Information About Platform Permissions

Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the oDoc app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the oDoc app seeks before you first use the app, and your use of the app constitutes your consent.

Information We Collect From Other Sources

We may also receive information from other sources and combine that with information we collect through our Services. For example:

 

If you choose to link, create, or log in to your oDoc account with a payment provider (e.g., Google Wallet) or social media service (e.g., Facebook), or if you engage with a separate app or website that uses our API (or whose API we use), we may receive information about you or your connections from that site or app.

 

If your employer uses one of our enterprise solutions, such as oDoc for Business, we may receive information about you from your employer.

 

When you request services, our Service Providers may provide us with a Service Receiver rating after providing services to you.

 

If you also interact with our Services in another capacity, for instance as an Service Provider or Service Receiver of other apps we provide, we may combine or associate that information with information we have collected from you in your capacity as a Service Receiver.

Use of Information

We may use the information we collect about you to:

 

Provide, maintain, and improve our Services, including, for example, to facilitate payments, send receipts, provide products and services you request (and send related information), develop new features, provide customer support to Service Receivers and Service Providers, develop safety features, authenticate Service Receivers, and send product updates and administrative messages;

 

Perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;

 

Send or facilitate communications (i) between you and a Service Provider, such as reports, notes and instant messages, or (ii) between you and a contact of yours at your direction in connection with your use of certain features, such as referrals or invites;

 

Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of oDoc and other companies, where permissible and according to local applicable laws; and to process contest, sweepstake, or other promotion entries and fulfill any related awards;

 

Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements.

We may transfer the information described in this Statement to, and process and store it in, an overseas country or countries. Where this is the case, we will take appropriate measures to protect your personal information in accordance with this Statement.

Sharing of Information

We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows:

Through Our Services

We may share your information:

 

With Service Providers to enable them to provide the Services you request. For example, we share your name, photo (if you provide one), average Service Receiver rating given by Service Providers, and your past medical history with Service Providers as disclosed by you;

 

With third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us;

 

With the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public;

 

With third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate; and

 

With your employer (or similar entity) and any necessary third parties engaged by us or your employer (e.g., an expense management service provider), if you participate in any of our enterprise solutions such as oDoc for Business.

Other Important Sharing

We may share your information:

 

With oDoc subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and / or logistics purposes;

 

With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;

 

In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;

 

With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our Service Receiver agreements, Terms of Service, or policies, or to protect the rights, property, or safety of oDoc or others;

 

In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company; and

 

In an aggregated and/or anonymized form which cannot reasonably be used to identify you.

Social Sharing Features

The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service.

Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.

Analytics and Advertising Services Provided by Others

We may allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify your device when you visit our site and use our Services, as well as when you visit other online sites and services.

Your Choices

Account Information

You may correct your account information at any time by logging into your online or in-app account. If you wish to cancel your account, please email us at info@odoc.lk. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.

Access Rights

oDoc will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.

Contact Information

We may also seek permission for our app’s collection and syncing of contact information from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, iOS Service Receivers can later disable it by changing the contacts settings on your mobile device. The Android platform does not provide such a setting.

Changes to the Statement

We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the Statement for the latest information on our privacy practices.

Contact Us

If you have any questions about this Privacy Statement, please contact us at info@odoc.lk, or write us at FixMe (Private) Limited., Attn: Legal, 177 Galle Road, Colombo 3, Sri Lanka.

oDoc Copyright Policy

Notification of Copyright Infringement:

FixMe (Private) Limited (“oDoc”) respects the intellectual property rights of others and expects its users to do the same. oDoc will respond expeditiously to claims of copyright infringement committed using the oDoc website or other online network accessible through a mobile device or other type of device (the “Sites”) that are reported to oDoc’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following Notice of Alleged Infringement and delivering it to oDoc’s Designated Copyright Agent. Upon receipt of the Notice as described below, oDoc will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.

Notice of Alleged Infringement (“Notice”)

1.Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.

2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to oDoc’s Designated Copyright Agent:

Copyright Agent c/o FixMe (Private) Limited.

177 Galle Road

Colombo 3

info@odoc.lk

IMPORTANT: Communications unrelated to copyright use or infringement will be discarded.

oDoc Copyright Policy

Notification of Copyright Infringement:

FixMe (Private) Limited (“oDoc”) respects the intellectual property rights of others and expects its users to do the same. oDoc will respond expeditiously to claims of copyright infringement committed using the oDoc website or other online network accessible through a mobile device or other type of device (the “Sites”) that are reported to oDoc’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following Notice of Alleged Infringement and delivering it to oDoc’s Designated Copyright Agent. Upon receipt of the Notice as described below, oDoc will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.

Notice of Alleged Infringement (“Notice”)

1.Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.

2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to oDoc’s Designated Copyright Agent:

Copyright Agent c/o FixMe (Private) Limited.

177 Galle Road

Colombo 3

info@odoc.lk

IMPORTANT: Communications unrelated to copyright use or infringement will be discarded.

oDoc Community Guidelines

We want oDoc to be convenient and safe for everyone. These ground rules are designed to ensure that Service Receivers and Service Providers have a great experience when using oDoc. Please take a moment to read them.

Respect each other

Treat your fellow Service Receivers and Service Providers as you would like to be treated yourself: with respect. Always be on time for your visit because nobody likes to wait. It’s common courtesy not to shout, swear or abruptly end a visit. We want everyone to feel welcome when they use oDoc.

Children must be supervised

Only adults can have an oDoc Service Receiver account. If your child is using your device with a family member account, a parent or guardian must be with them at all times.

Feedback makes us all better

Whether you are a Service Receiver or Service Provider, please rate your experience at the end of the visit. Honest feedback helps ensure that everyone is accountable for their behavior. This accountability creates a respectful, safe environment for both Service Receivers and Service Providers. And if something happens during a visit — whether it’s a miscommunication or an argument — make sure to report it so that our customer support team can follow up.

The guidelines below help explain some of the specific kinds of behavior that may cause you to lose access to oDoc.

WHY SERVICE RECEIVERS CAN LOSE ACCESS TO ODOC

This policy helps explain the kinds of behavior that may lead Service Receivers to lose access to oDoc. Please remember that if you allow other people to take visits with your account, you are responsible for their behavior during the visit. You should create a new account for additional Service Receivers.

Ensuring a respectful, safe environment for all Service Receivers and Service Providers

The way you behave while using oDoc can have a big impact on the courteousness and comfort of Service Providers. Courtesy matters. That’s why you are expected to exercise good judgment and behave decently towards other people — just as you would in any public place.

Here are some reasons why you could lose access to oDoc as a Service Receiver:

Use of inappropriate and abusive language or gestures.For example, using verbal threats, and making comments or gestures that are aggressive, sexual, discriminatory, or disrespectful.

Unwanted contact with the Service Provider after the visit is over.For example, trying to communicate with a Service Provider after a visit has been completed. Remember, you can communicate with your Service Provider directly from the oDoc app without ever having to share your personal phone number. This means that your phone number stays anonymous and is never given to the Service Provider. If we are made aware of this type of problematic behavior, we may contact you so we can investigate them. Depending on the nature of the concern, we may put a hold on your account during our investigation. If the issues raised are serious or a repeat offense, or you refuse to cooperate, you may lose access to oDoc. Any behavior involving sexual misconduct, harassment, discrimination, or illegal activity while using oDoc can result in the immediate loss of access to your account.

Terms of Use

As a Service Receiver, you agree to our Terms of Use when you sign up for your account. We may take action against you for violating these terms, including permanently closing your account. For example the failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file; allowing a person who does not meet the minimum age requirement to use your account while unaccompanied, or if you don’t meet that age requirement yourself.

Discrimination

oDoc has a zero-tolerance policy towards discrimination of any kind. This means you will lose access to your account if you are found to have discriminated against Service Providers based on their race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law.

Fraud or Illegitimate Behavior

Fraudulent or illegitimate behavior undermines the trust on which oDoc is built. We may deactivate any account(s) associated with this type of activity, including: abusing promotions; collusion between Service Receivers and Service Providers; disputing for fraudulent or illegitimate reasons; or duplicate accounts.

oDoc Community Guidelines

We want oDoc to be convenient and safe for everyone. These ground rules are designed to ensure that Service Receivers and Service Providers have a great experience when using oDoc. Please take a moment to read them.

Respect each other

Treat your fellow Service Receivers and Service Providers as you would like to be treated yourself: with respect. Always be on time for your visit because nobody likes to wait. It’s common courtesy not to shout, swear or abruptly end a visit. We want everyone to feel welcome when they use oDoc.

Children must be supervised

Only adults can have an oDoc Service Receiver account. If your child is using your device with a family member account, a parent or guardian must be with them at all times.

Feedback makes us all better

Whether you are a Service Receiver or Service Provider, please rate your experience at the end of the visit. Honest feedback helps ensure that everyone is accountable for their behavior. This accountability creates a respectful, safe environment for both Service Receivers and Service Providers. And if something happens during a visit — whether it’s a miscommunication or an argument — make sure to report it so that our customer support team can follow up.

The guidelines below help explain some of the specific kinds of behavior that may cause you to lose access to oDoc.

WHY SERVICE RECEIVERS CAN LOSE ACCESS TO ODOC

This policy helps explain the kinds of behavior that may lead Service Receivers to lose access to oDoc. Please remember that if you allow other people to take visits with your account, you are responsible for their behavior during the visit. You should create a new account for additional Service Receivers.

Ensuring a respectful, safe environment for all Service Receivers and Service Providers

The way you behave while using oDoc can have a big impact on the courteousness and comfort of Service Providers. Courtesy matters. That’s why you are expected to exercise good judgment and behave decently towards other people — just as you would in any public place.

Here are some reasons why you could lose access to oDoc as a Service Receiver:

Use of inappropriate and abusive language or gestures.For example, using verbal threats, and making comments or gestures that are aggressive, sexual, discriminatory, or disrespectful.

Unwanted contact with the Service Provider after the visit is over.For example, trying to communicate with a Service Provider after a visit has been completed. Remember, you can communicate with your Service Provider directly from the oDoc app without ever having to share your personal phone number. This means that your phone number stays anonymous and is never given to the Service Provider. If we are made aware of this type of problematic behavior, we may contact you so we can investigate them. Depending on the nature of the concern, we may put a hold on your account during our investigation. If the issues raised are serious or a repeat offense, or you refuse to cooperate, you may lose access to oDoc. Any behavior involving sexual misconduct, harassment, discrimination, or illegal activity while using oDoc can result in the immediate loss of access to your account.

Terms of Use

As a Service Receiver, you agree to our Terms of Use when you sign up for your account. We may take action against you for violating these terms, including permanently closing your account. For example the failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file; allowing a person who does not meet the minimum age requirement to use your account while unaccompanied, or if you don’t meet that age requirement yourself.

Discrimination

oDoc has a zero-tolerance policy towards discrimination of any kind. This means you will lose access to your account if you are found to have discriminated against Service Providers based on their race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law.

Fraud or Illegitimate Behavior

Fraudulent or illegitimate behavior undermines the trust on which oDoc is built. We may deactivate any account(s) associated with this type of activity, including: abusing promotions; collusion between Service Receivers and Service Providers; disputing for fraudulent or illegitimate reasons; or duplicate accounts.