Terms and Conditions

These Terms and Conditions (“Terms”) govern the use of and access to https://odoc.life/ (“Website”) and the mobile application oDoc (“App”) (the Website and App are collectively referred to as “Platform”, which includes all content, software, and services available on the Platform). The Platform is owned and operated by oDoc (Private) Limited, with its registered office at 177, Galle Road, Colombo 03, Sri Lanka and its affiliates (collectively referred to as “oDoc”, “we”, “us”, or “our”). These Terms include our privacy policy, available at https://odoc.life/privacy/ (“Privacy Policy”), and any guidelines, additional terms, policies, or disclaimers made available by or issued by oDoc from time to time. We reserve the right to offer our users with free trials. These Terms would continue to apply to use of such free trials.

These Terms constitute a binding and enforceable contract between oDoc and you, an end user of the Platform and the services available through the Platform (“you”). You may authorize other persons to use the Platform on your behalf in certain cases; in such events, you shall be liable for all acts or omissions of the person you authorize to use the Platform. If you are using the Platform on behalf of another party, you represent and warrant that (a) these Terms have been explained in their entirety to the other party and (b) you have the authority to enter into these Terms on behalf of such party and bind such party to these Terms. You represent and warrant that you have full legal capacity and authority to agree and bind yourself to these Terms.

You represent that you are over 18 years of age. If you are below the age of 18, you may only use the Platform if your guardian or parent has expressly agreed to these Terms on your behalf, and your guardian or parent shall be responsible and liable for your obligations arising out of these Terms.

By using the Platform, you agree that you have read, understood, and are bound by these Terms as amended from time to time, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access or use the Platform.

 

1. Platform

(a) The Platform helps you (a “User”) connect with qualified persons specialized in various fields of healthcare and related services (for the purposes of these Terms, referred to as “Doctors”). The Platform allows Users to schedule appointments with Doctors and consult them through chat features, videos, and phone calls. Doctors may, based on their diagnosis, provide Users with medical advice, professional opinions, general advice, prescriptions, or other recommendations.

 

(b) The Platform allows you to choose one of the subscription plans we offer (“Subscription Plan”). Your use of and access to the Platform is subject to your purchase of a Subscription Plan. In addition to Subscription Plans, oDoc may offer you different methods of accessing the Platform. For convenience, all methods that allow you to use the Platform – including, without limitation, pay per use models – will fall within the scope of “Subscription Plans” for the purposes of these Terms.

 

(c) User Account
i) 
You can consult with Doctors either through an account you create, or authorize someone to create on your behalf, or through a corporate account made available at your workplace to which you have access on the Platform (“User Account”). Depending on the type of subscription model you have availed, you may have the right to create sub-accounts for your family members that are linked to your User Account or provide your immediate family members with access to your User Account.

(ii) We might require you to share information, including information pertaining to your identification in the process of creation of the User Account. You agree that all information provided in this regard is complete, true, and accurate. Separately, you should ensure the confidentiality of details of the User Account, including usernames and passwords. Please note that all personal information shared with us shall be treated and processed in accordance with our Privacy Policy.

(iii) You are solely responsible and liable for all activities that take place on or through the User Account. We are not liable for any unauthorized access to User Accounts, including but not limited to hacking and security breaches. We reserve, at our sole discretion, the right to suspend a User Account if we are of the opinion that the User Account is being accessed by an unauthorized party.

(d) The Company reserves the right to manage the hours of when Doctors are made available online through the Platform.

(e) Depending on your requirements, and subject to the other terms hereunder, you may either book an appointment with a specific Doctor of your choice on the Platform or choose to have an appointment booked with the next available Doctor assigned to you by the Platform. Where you are choosing your Doctor, the Platform will provide you with details of Doctors, including their basic information, qualifications, and other users’ reviews and ratings. This will help you make an informed choice. Please note that certain Doctors may require you to book an appointment in advance. Further, the Platform may allow you to select a language of consultation of your choice. You agree and acknowledge that Doctors have the sole right to accept or reject your appointment. If a Doctor cancels a confirmed appointment, you may be entitled to refunds as determined by oDoc.

(f) Doctors have the right to deny consultations in certain cases. This may happen for different reasons, including without limitation, if the Doctor is of the opinion that your ailment requires a physical consultation to treat you effectively. You will not be charged for consultation fees, if applicable, for cases covered under Clause 5(b).

(g) Subject to the payment of a cancellation fee, you are entitled to cancel an appointment with a Doctor prior to the commencement of the consultation.

(h) If you are unable to complete a consultation with a Doctor due to a technical failure at your end, and if you cannot connect within two minutes from the time the connection was lost, the consultation session will automatically terminate. You shall not be entitled to a refund in such cases.

(i) oDoc does not provide features for the video or audio of a consultation to be recorded in any form. You undertake and warrant that you shall not record any consultation in any manner. Failure to adhere to this clause will immediately result in termination in accordance with Clause 7(b).

2. User Information

(a) The Platform allows you to upload materials and information, including but not limited to documents, images, notes, and video and sound recordings (“User Information”). You understand that User Information is shared with the Doctors you select. Doctors may use your User Information to diagnose or otherwise advise you.

(b) You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, and royalty-free license to use, display, store, host, communicate, make available, modify, adapt, translate, and create derivative works of the User Information (i) for the functioning of and in connection with the Platform and (ii) in order to share the User Information with Doctors that you select through the Platform.

(c) You represent and warrant that (i) your User Information does not and shall not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content, and (ii) all User Information is true, complete, and accurate.

(d) You represent and warrant that your User Information is not defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive.

(e) Our treatment of User Information shall be in accordance with our Privacy Policy.

 

3. Your Responsibilities

(a) You shall not use the Platform in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:

i) Except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works of any content made available on the Platform, the Platform, or any portion thereof;

ii) Use the Platform to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

iii) Use any robot, spider, scrapers, crawlers, avatars, data mining tools or the like, other automated devices or processes, or manual process to monitor or copy the Platform or any portion thereof;

iv) Make any back-up or archival copies of the Platform or any part thereof;

v) Engage in the systematic retrieval of content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission;

vi) Re-license, sub-license, rent, or lease the rights to use or access the Platform or any content or service available on the Platform;

vii) Act in an abusive or threatening manner or use abusive or threatening language on or through the Platform;

viii) Use the Platform in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms;

ix) Violate applicable laws in any manner.

(b) You should not use the Platform in an emergency, if you believe you require serious medical treatment, you believe your ailments require physical examinations, and in the event of accidents.

(c) You shall be solely responsible for ensuring compliance with the various applicable laws, and you shall be solely liable for any liability that may arise due to a breach of your obligations in this regard.

(d) You shall extend all cooperation, at your cost, to us in our defense of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.

(e) You agree to cooperate with us to develop and share testimonials, anonymous case studies, marketing materials, and measurement criteria for the value, benefits, and cost savings derived from the Platform.

(f) You agree to receive video, audio, and text information from Doctors, including for the purposes of conducting both, professional and medical consultations. If a Doctor cannot complete a video, audio, or text communication with you to the Doctor’s satisfaction, you agree to receive communications over GSM, VoIP, or other services from the Doctor in order to continue or complete the communication as the case may be.

(g) You agree to receive communications, including text messages, push notifications, calls and emails, from oDoc, Doctors, and third parties in relation to the Platform or Third Party Services.

 

4. Our Intellectual Property

 (a) All rights, title, and interest in and to the Platform, including all intellectual property rights arising out of the Platform, are owned by or otherwise licensed to us. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable, and limited license to use the Platform in accordance with these Terms.

(b) You agree that oDoc may, from time to time, use anonymized User Information and other data pertaining to your use of the Platform in accordance with our Policy and applicable laws. You hereby agree that all intellectual property rights arising out of works created from anonymized User Information and other data belongs to and is owned by oDoc. You hereby waive any rights you may have that arise out of such works and agree to execute such documentation as oDoc may request in order to give effect to oDoc’s rights under this clause.

(c) We may request you to submit suggestions and other feedback, including bug reports, relating to the Platform from time to time (“Feedback”). We may freely use, copy, disclose, create derivative works on, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.

 (d) Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to our or any third party’s intellectual rights.

5. Fees

(a) Depending on the type of Subscription Plan you have availed, your use of the Platform may be subject to the payment of fees in a mode and manner prescribed by oDoc from time to time. If a payment is applicable, you shall not be entitled to consult with a Doctor on the Platform unless your payment method is accepted and verified.

(b) Refunds:
You may be entitled to refunds, determined by oDoc at its sole discretion, for payments made by you for consultations on a Pay Per Use basis in the following events: (i) if a Doctor is unable to treat you without a physical examination, (ii) if a Doctor decides not to charge you for a consultation on the Platform, (iii) if a Doctor cancels a confirmed appointment with you and you choose not to consult with another available Doctor, or (iv) if a Doctor cannot complete a consultation with you due to a technical difficulty in relation to the Platform.

(c) Changes:
We reserve the right to revise our fees from time to time. We shall provide you with reasonable advance notice of any changes to our fees. Should you not agree to the fees, you have the right to cancel your Subscription Plan, provided that all outstanding amounts due to us are paid immediately.

(d) Refunds:
If you have any issue or are not satisfied with our service for any reason, you can reach out to us at info@odoc.life or by calling +91 9513 609333 (quoting your reference number and reason for the refund request) within 24 (Twenty Four) hours from your originally scheduled consultation start time and we will look into the issue and arrange a refund, if required.

(e) Taxes:
The fees are exclusive of applicable taxes. These shall be added to our invoice(s) at the appropriate rate.

(f) Payment Processors:
We may use a third-party payment processor (“Payment Processor”) to bill you through your selected mode of payment. The processing of payments will be subject to the terms and policies of such Payment Processors in addition to these Terms. We shall not be liable for any error by the Payment Processor. In the event of any unsuccessful payments, the money so debited shall be credited in accordance with the terms of the Payment Processor.

6. Third Party Services 

(a) The Platform may include services, products, content, documents, and information owned by, offered by, or otherwise licensed to a third party (“Third Party Services”) or contain links to Third Party Services such as heath tips, blogs, etc. You understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that the use of such Third Party Services is solely at your own risk. We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy, quality, or completeness. We do not endorse or sponsor any Third Party Services.

(b) All intellectual property rights in and to Third Party Services are the property of the respective third parties.

7. Term and Termination

(a) These Terms shall remain in effect unless (i) terminated in accordance with the terms hereunder or (ii) until the expiry of the Subscription Plan. You agree that your use of the Platform in any manner after the expiry or termination of these Terms is solely at your own risk and oDoc shall not be liable for any unauthorized use of the Platform in this regard.

(b) We may terminate your access to the Platform, or any portion thereof, immediately and at any point, without notice, at our sole discretion if you violate or breach any of your obligations, responsibilities, or covenants under these Terms.

(c) Upon termination or expiry of these Terms:
i) Y
ou shall not be entitled to use the Platform;
ii) You shall not be able to use certain features of the Platform;
iii) Your access to the User Account shall time out;
iv) All outstanding amount due to us shall become payable immediately; and
v)  These Terms shall terminate, except for those paragraphs that expressly or are intended to survive termination or expiry.

8. Disclaimers and Warrants

(a) The Company reserves the right to charge an oDoc Subscription Fee from either you or a sponsor. The Company is entitled to exercise this right at any time it deems fit by giving prior notice to you.

(b) The benefits that accrue to you with regard to the payment of an oDoc Subscription Fee, shall be agreed to at the time of purchase of the relevant subscription package from the Company which may include access to and use of oDoc Services and Complimentary Services. Such agreement may be with a sponsor who is paying the oDoc Subscription Fee on your behalf.

(c) After the Company’s notification of exercising the aforesaid right, oDoc Subscription Fee shall be paid on a periodic basis. You, or your sponsor, must pay your periodic oDoc Subscription Fee on the day it becomes due as per the payment due date of the relevant subscription package.

 (d) If you, or your sponsor, fail to pay your oDoc Subscription Fee on the due date, the benefits provided to you under the relevant subscription package will be discontinued.

(e) You acknowledge that the Platform is not to be used in a medical emergency or in situations requiring critical care.

(f) 
You understand that certain medical conditions require a physical visit with doctors at the location of the doctor. You further understand that if you are either unsure about your ability to communicate your condition effectively on the Platform, or concerned about the advice received on the Platform, or if the advice received on the Platform is different to advice you have received previously, a physical visit with a doctor is recommended. You understand that any advice provided by Doctors is based on their experiences, training, and medical education. We make no representations about the quality, reliability, timing, integrity, authenticity, accuracy, or appropriateness of the information provided by the Doctors, and assume no responsibility for any of the foregoing as more fully set forth below. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC DRUGS, TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, “OFF-LABEL” DRUG USES, OR ANY OTHER INFORMATION THAT MAY BE PROVIDED THROUGH THE PLATFORM.

(g) We are not in the business of providing any type of professional medical advice whatsoever. We are not liable for any acts, omissions, or any form of advice provided by any Doctor through or on the Platform. You understand that Doctors are not agents or employees of oDoc; they are independent contractors that provide services independently of the Platform.

(h) You hereby acknowledge and agree that Doctors may, depending on the type of ailment suffered, choose to not provide you with advice or opinions through the Platform. This may occur in different situations, including if a physical examination is needed to ascertain corresponding advice or treatment.

(i) We do not recommend, endorse, or make any representation about the efficacy, appropriateness or suitability of any specific tests, procedures, treatments, services, opinions, or other information that may be contained on or available through the Platform.

(j) oDoc provides the Platform, and Doctors provide services, in compliance with laws applicable in India. Doctors are not responsible for any differences between those rules and any different rules applying to healthcare services in any country other than India. If you are accessing the Platform outside the territory of India, it is your sole responsibility to ensure whether it is lawful to access services offered by Doctors in the territory where you are located. oDoc and Doctors shall have no liability in this regard.

(k) We do not own, control, or endorse any User Information that is transmitted, stored, or processed via the Platform. You are solely responsible for the User Information. We do not recommend, endorse, or make any representation about the efficacy, appropriateness or suitability of any User Information that is made available through the Platform and disclaim all liabilities or warranties arising out of or in connection with any User Information.

(l) We do not warrant or represent that the Platform will be compatible with any third party hardware or software. It shall be your responsibility to ensure compatibility of the Platform prior to use. Additionally, we shall not be held responsible for any actual, incidental or consequential damages that may result from any use or inability to use any third-party peripherals with the Platform.

(m) To the fullest extent permissible under applicable law, we expressly disclaim all warranties of any kind, express or implied, arising out of the Platform, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage.

(n) You hereby accept full responsibility for any consequences that may arise from your use of the Platform, and expressly agree and acknowledge that we shall have absolutely no liability with respect to the same.

(o) To the fullest extent permissible by law, we, our affiliates, and our related parties each disclaim all liability to you for any loss or damage arising out of or due to:

i) Your use of, inability to use, or availability or unavailability of the Platform, including any third party services made available through the Platform;

ii) The occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, from, or through the Platform, communications failure, theft, destruction or unauthorized access to our records, programs, services, server, or other infrastructure relating to the Platform;

iii) 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 oDoc’s control;

iv) The Platform being infected with any malicious code or viruses; or

v) The failure of the Platform to remain operational for any period of time.

(p) 
You hereby accept full responsibility for any consequences that may arise from your use of the Platform and expressly agree and acknowledge that we shall have absolutely no liability with respect to the same. Notwithstanding anything to the contrary, our maximum aggregate liability for any loss shall not exceed the monies received by us from you in the three months preceding the date of the claim of loss or damage.

9. Indemnity

You agree to indemnify and hold harmless us, our affiliates and respective directors, officers, members, managers, employees, and agents from and against any and all claims and expenses arising out of your use of the Platform, a breach of any provision of these Terms by you or any person using your account on the Platform, any User Information, or any third-party claim to the extent arising from or connected with an allegation that your use of the Platform in accordance with these Terms infringes any rights of a third party.

10. Consent to Use data

(a) You agree that we may, in accordance with our Privacy Policy, collect and use your information, health data, and related information.

(b) We may use information and data pertaining to your use of the Platform for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform and for the creation of anonymized dataset and algorithms.

(c) You hereby expressly authorize us to disclose, subject to applicable laws, any and all information relating to you in our possession to any law enforcement or other government officials, if we believe it is necessary or appropriate in connection with the investigation or resolution of possible crimes, including but not limited to your identity, information provided by you, and your correspondence. You further understand that we might be directed to disclose any such information as may be deemed necessary to satisfy any judicial order, law, regulation or valid governmental request.

 

11.Modification of Platform

We reserve the right at any time to add, modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice or cause. You agree and acknowledge that we shall not be liable to you or to any third party for any such addition, modification, suspension or discontinuation of the Platform.

12. Updates

We reserve the right to provide minor modifications or enhancements, or program temporary fixes or patches, if any, to the Platform (“Updates”). You agree that the addition of major functions or significant new features to the Platform is not an Update. We shall, in our sole discretion, have the right to determine what constitutes an Update.

13. Force Majeure

We shall have no liability to you if we are prevented from or delayed in performing our obligations or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or sub-contractors.

14. Jurisdiction, governing Laws, and Dispute Resolution

These Terms shall be governed by, construed and enforced in accordance with the laws of India. Subject to other provisions in this paragraph, courts in [Bengaluru] shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Platform.

 

Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in [Bengaluru] in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this paragraph. The tribunal shall consist of 1 (One) arbitrator appointed by us. The language of the arbitration shall be English.

The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.

Each party to the arbitration shall bear its own costs with respect to any dispute.

 

15. Miscellaneous Provisions

(a) Modification – We reserve the right at any time to modify these Terms and to add new or additional terms or conditions on your use of the Platform. Such modifications and additional terms and conditions will be  made available on the Platform and, if applicable, will be communicated to you. Unless expressly rejected (in which instance these Terms shall terminate), such modifications or additions will be effective immediately and will be incorporated into these Terms. Your continued use of the Platform will be deemed acceptance of such modifications and additions.

(b) Severability – If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the paragraph, in which case the entirety of the relevant provision will be deemed to be deleted).

(c) Notices – All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to the address set forth in our contact page available at https://odoc.life/contact/.

(d) 
Third Party Rights – No third party shall have any rights to enforce any terms contained herein.

(e) Translations – Any translated version of these Terms is provided solely for your convenience. To the extent any translated version of these Terms conflicts with this English version, this English version shall prevail.


This version of the agreement was uploaded on 26 March 2019.

Terms and Conditions

These Terms and Conditions (“Terms”) govern the use of and access to https://odoc.life/ (“Website”) and the mobile application oDoc (“App”) (the Website and App are collectively referred to as “Platform”, which includes all content, software, and services available on the Platform). The Platform is owned and operated by oDoc (Private) Limited, with its registered office at 177, Galle Road, Colombo 03, Sri Lanka and its affiliates (collectively referred to as “oDoc”, “we”, “us”, or “our”). These Terms include our privacy policy, available at https://odoc.life/privacy/ (“Privacy Policy”), and any guidelines, additional terms, policies, or disclaimers made available by or issued by oDoc from time to time. We reserve the right to offer our users with free trials. These Terms would continue to apply to use of such free trials.

These Terms constitute a binding and enforceable contract between oDoc and you, an end user of the Platform and the services available through the Platform (“you”). You may authorize other persons to use the Platform on your behalf in certain cases; in such events, you shall be liable for all acts or omissions of the person you authorize to use the Platform. If you are using the Platform on behalf of another party, you represent and warrant that (a) these Terms have been explained in their entirety to the other party and (b) you have the authority to enter into these Terms on behalf of such party and bind such party to these Terms. You represent and warrant that you have full legal capacity and authority to agree and bind yourself to these Terms.

You represent that you are over 18 years of age. If you are below the age of 18, you may only use the Platform if your guardian or parent has expressly agreed to these Terms on your behalf, and your guardian or parent shall be responsible and liable for your obligations arising out of these Terms.

By using the Platform, you agree that you have read, understood, and are bound by these Terms as amended from time to time, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access or use the Platform.

 

1. Platform

(a) The Platform helps you (a “User”) connect with qualified persons specialized in various fields of healthcare and related services (for the purposes of these Terms, referred to as “Doctors”). The Platform allows Users to schedule appointments with Doctors and consult them through chat features, videos, and phone calls. Doctors may, based on their diagnosis, provide Users with medical advice, professional opinions, general advice, prescriptions, or other recommendations.

 

(b) The Platform allows you to choose one of the subscription plans we offer (“Subscription Plan”). Your use of and access to the Platform is subject to your purchase of a Subscription Plan. In addition to Subscription Plans, oDoc may offer you different methods of accessing the Platform. For convenience, all methods that allow you to use the Platform – including, without limitation, pay per use models – will fall within the scope of “Subscription Plans” for the purposes of these Terms.

 

(c) User Account
i) 
You can consult with Doctors either through an account you create, or authorize someone to create on your behalf, or through a corporate account made available at your workplace to which you have access on the Platform (“User Account”). Depending on the type of subscription model you have availed, you may have the right to create sub-accounts for your family members that are linked to your User Account or provide your immediate family members with access to your User Account.

(ii) We might require you to share information, including information pertaining to your identification in the process of creation of the User Account. You agree that all information provided in this regard is complete, true, and accurate. Separately, you should ensure the confidentiality of details of the User Account, including usernames and passwords. Please note that all personal information shared with us shall be treated and processed in accordance with our Privacy Policy.

(iii) You are solely responsible and liable for all activities that take place on or through the User Account. We are not liable for any unauthorized access to User Accounts, including but not limited to hacking and security breaches. We reserve, at our sole discretion, the right to suspend a User Account if we are of the opinion that the User Account is being accessed by an unauthorized party.

(d) The Company reserves the right to manage the hours of when Doctors are made available online through the Platform.

(e) Depending on your requirements, and subject to the other terms hereunder, you may either book an appointment with a specific Doctor of your choice on the Platform or choose to have an appointment booked with the next available Doctor assigned to you by the Platform. Where you are choosing your Doctor, the Platform will provide you with details of Doctors, including their basic information, qualifications, and other users’ reviews and ratings. This will help you make an informed choice. Please note that certain Doctors may require you to book an appointment in advance. Further, the Platform may allow you to select a language of consultation of your choice. You agree and acknowledge that Doctors have the sole right to accept or reject your appointment. If a Doctor cancels a confirmed appointment, you may be entitled to refunds as determined by oDoc.

(f) Doctors have the right to deny consultations in certain cases. This may happen for different reasons, including without limitation, if the Doctor is of the opinion that your ailment requires a physical consultation to treat you effectively. You will not be charged for consultation fees, if applicable, for cases covered under Clause 5(b).

(g) Subject to the payment of a cancellation fee, you are entitled to cancel an appointment with a Doctor prior to the commencement of the consultation.

(h) If you are unable to complete a consultation with a Doctor due to a technical failure at your end, and if you cannot connect within two minutes from the time the connection was lost, the consultation session will automatically terminate. You shall not be entitled to a refund in such cases.

(i) oDoc does not provide features for the video or audio of a consultation to be recorded in any form. You undertake and warrant that you shall not record any consultation in any manner. Failure to adhere to this clause will immediately result in termination in accordance with Clause 7(b).

2. User Information

(a) The Platform allows you to upload materials and information, including but not limited to documents, images, notes, and video and sound recordings (“User Information”). You understand that User Information is shared with the Doctors you select. Doctors may use your User Information to diagnose or otherwise advise you.

(b) You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, and royalty-free license to use, display, store, host, communicate, make available, modify, adapt, translate, and create derivative works of the User Information (i) for the functioning of and in connection with the Platform and (ii) in order to share the User Information with Doctors that you select through the Platform.

(c) You represent and warrant that (i) your User Information does not and shall not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content, and (ii) all User Information is true, complete, and accurate.

(d) You represent and warrant that your User Information is not defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive.

(e) Our treatment of User Information shall be in accordance with our Privacy Policy.

 

3. Your Responsibilities

(a) You shall not use the Platform in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:

i) Except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works of any content made available on the Platform, the Platform, or any portion thereof;

ii) Use the Platform to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

iii) Use any robot, spider, scrapers, crawlers, avatars, data mining tools or the like, other automated devices or processes, or manual process to monitor or copy the Platform or any portion thereof;

iv) Make any back-up or archival copies of the Platform or any part thereof;

v) Engage in the systematic retrieval of content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission;

vi) Re-license, sub-license, rent, or lease the rights to use or access the Platform or any content or service available on the Platform;

vii) Act in an abusive or threatening manner or use abusive or threatening language on or through the Platform;

viii) Use the Platform in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms;

ix) Violate applicable laws in any manner.

(b) You should not use the Platform in an emergency, if you believe you require serious medical treatment, you believe your ailments require physical examinations, and in the event of accidents.

(c) You shall be solely responsible for ensuring compliance with the various applicable laws, and you shall be solely liable for any liability that may arise due to a breach of your obligations in this regard.

(d) You shall extend all cooperation, at your cost, to us in our defense of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.

(e) You agree to cooperate with us to develop and share testimonials, anonymous case studies, marketing materials, and measurement criteria for the value, benefits, and cost savings derived from the Platform.

(f) You agree to receive video, audio, and text information from Doctors, including for the purposes of conducting both, professional and medical consultations. If a Doctor cannot complete a video, audio, or text communication with you to the Doctor’s satisfaction, you agree to receive communications over GSM, VoIP, or other services from the Doctor in order to continue or complete the communication as the case may be.

(g) You agree to receive communications, including text messages, push notifications, calls and emails, from oDoc, Doctors, and third parties in relation to the Platform or Third Party Services.

 

4. Our Intellectual Property

 (a) All rights, title, and interest in and to the Platform, including all intellectual property rights arising out of the Platform, are owned by or otherwise licensed to us. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable, and limited license to use the Platform in accordance with these Terms.

(b) You agree that oDoc may, from time to time, use anonymized User Information and other data pertaining to your use of the Platform in accordance with our Policy and applicable laws. You hereby agree that all intellectual property rights arising out of works created from anonymized User Information and other data belongs to and is owned by oDoc. You hereby waive any rights you may have that arise out of such works and agree to execute such documentation as oDoc may request in order to give effect to oDoc’s rights under this clause.

(c) We may request you to submit suggestions and other feedback, including bug reports, relating to the Platform from time to time (“Feedback”). We may freely use, copy, disclose, create derivative works on, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.

 (d) Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to our or any third party’s intellectual rights.

5. Fees

(a) Depending on the type of Subscription Plan you have availed, your use of the Platform may be subject to the payment of fees in a mode and manner prescribed by oDoc from time to time. If a payment is applicable, you shall not be entitled to consult with a Doctor on the Platform unless your payment method is accepted and verified.

(b) Refunds:
You may be entitled to refunds, determined by oDoc at its sole discretion, for payments made by you for consultations on a Pay Per Use basis in the following events: (i) if a Doctor is unable to treat you without a physical examination, (ii) if a Doctor decides not to charge you for a consultation on the Platform, (iii) if a Doctor cancels a confirmed appointment with you and you choose not to consult with another available Doctor, or (iv) if a Doctor cannot complete a consultation with you due to a technical difficulty in relation to the Platform.

(c) Changes:
We reserve the right to revise our fees from time to time. We shall provide you with reasonable advance notice of any changes to our fees. Should you not agree to the fees, you have the right to cancel your Subscription Plan, provided that all outstanding amounts due to us are paid immediately.

(d) Refunds:
If you have any issue or are not satisfied with our service for any reason, you can reach out to us at info@odoc.life or by calling +91 9513 609333 (quoting your reference number and reason for the refund request) within 24 (Twenty Four) hours from your originally scheduled consultation start time and we will look into the issue and arrange a refund, if required.

(e) Taxes:
The fees are exclusive of applicable taxes. These shall be added to our invoice(s) at the appropriate rate.

(f) Payment Processors:
We may use a third-party payment processor (“Payment Processor”) to bill you through your selected mode of payment. The processing of payments will be subject to the terms and policies of such Payment Processors in addition to these Terms. We shall not be liable for any error by the Payment Processor. In the event of any unsuccessful payments, the money so debited shall be credited in accordance with the terms of the Payment Processor.

6. Third Party Services 

(a) The Platform may include services, products, content, documents, and information owned by, offered by, or otherwise licensed to a third party (“Third Party Services”) or contain links to Third Party Services such as heath tips, blogs, etc. You understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that the use of such Third Party Services is solely at your own risk. We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy, quality, or completeness. We do not endorse or sponsor any Third Party Services.

(b) All intellectual property rights in and to Third Party Services are the property of the respective third parties.

7. Term and Termination

(a) These Terms shall remain in effect unless (i) terminated in accordance with the terms hereunder or (ii) until the expiry of the Subscription Plan. You agree that your use of the Platform in any manner after the expiry or termination of these Terms is solely at your own risk and oDoc shall not be liable for any unauthorized use of the Platform in this regard.

(b) We may terminate your access to the Platform, or any portion thereof, immediately and at any point, without notice, at our sole discretion if you violate or breach any of your obligations, responsibilities, or covenants under these Terms.

(c) Upon termination or expiry of these Terms:
i) Y
ou shall not be entitled to use the Platform;
ii) You shall not be able to use certain features of the Platform;
iii) Your access to the User Account shall time out;
iv) All outstanding amount due to us shall become payable immediately; and
v)  These Terms shall terminate, except for those paragraphs that expressly or are intended to survive termination or expiry.

8. Disclaimers and Warrants

(a) The Company reserves the right to charge an oDoc Subscription Fee from either you or a sponsor. The Company is entitled to exercise this right at any time it deems fit by giving prior notice to you.

(b) The benefits that accrue to you with regard to the payment of an oDoc Subscription Fee, shall be agreed to at the time of purchase of the relevant subscription package from the Company which may include access to and use of oDoc Services and Complimentary Services. Such agreement may be with a sponsor who is paying the oDoc Subscription Fee on your behalf.

(c) After the Company’s notification of exercising the aforesaid right, oDoc Subscription Fee shall be paid on a periodic basis. You, or your sponsor, must pay your periodic oDoc Subscription Fee on the day it becomes due as per the payment due date of the relevant subscription package.

 (d) If you, or your sponsor, fail to pay your oDoc Subscription Fee on the due date, the benefits provided to you under the relevant subscription package will be discontinued.

(e) You acknowledge that the Platform is not to be used in a medical emergency or in situations requiring critical care.

(f) 
You understand that certain medical conditions require a physical visit with doctors at the location of the doctor. You further understand that if you are either unsure about your ability to communicate your condition effectively on the Platform, or concerned about the advice received on the Platform, or if the advice received on the Platform is different to advice you have received previously, a physical visit with a doctor is recommended. You understand that any advice provided by Doctors is based on their experiences, training, and medical education. We make no representations about the quality, reliability, timing, integrity, authenticity, accuracy, or appropriateness of the information provided by the Doctors, and assume no responsibility for any of the foregoing as more fully set forth below. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC DRUGS, TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, “OFF-LABEL” DRUG USES, OR ANY OTHER INFORMATION THAT MAY BE PROVIDED THROUGH THE PLATFORM.

(g) We are not in the business of providing any type of professional medical advice whatsoever. We are not liable for any acts, omissions, or any form of advice provided by any Doctor through or on the Platform. You understand that Doctors are not agents or employees of oDoc; they are independent contractors that provide services independently of the Platform.

(h) You hereby acknowledge and agree that Doctors may, depending on the type of ailment suffered, choose to not provide you with advice or opinions through the Platform. This may occur in different situations, including if a physical examination is needed to ascertain corresponding advice or treatment.

(i) We do not recommend, endorse, or make any representation about the efficacy, appropriateness or suitability of any specific tests, procedures, treatments, services, opinions, or other information that may be contained on or available through the Platform.

(j) oDoc provides the Platform, and Doctors provide services, in compliance with laws applicable in India. Doctors are not responsible for any differences between those rules and any different rules applying to healthcare services in any country other than India. If you are accessing the Platform outside the territory of India, it is your sole responsibility to ensure whether it is lawful to access services offered by Doctors in the territory where you are located. oDoc and Doctors shall have no liability in this regard.

(k) We do not own, control, or endorse any User Information that is transmitted, stored, or processed via the Platform. You are solely responsible for the User Information. We do not recommend, endorse, or make any representation about the efficacy, appropriateness or suitability of any User Information that is made available through the Platform and disclaim all liabilities or warranties arising out of or in connection with any User Information.

(l) We do not warrant or represent that the Platform will be compatible with any third party hardware or software. It shall be your responsibility to ensure compatibility of the Platform prior to use. Additionally, we shall not be held responsible for any actual, incidental or consequential damages that may result from any use or inability to use any third-party peripherals with the Platform.

(m) To the fullest extent permissible under applicable law, we expressly disclaim all warranties of any kind, express or implied, arising out of the Platform, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage.

(n) You hereby accept full responsibility for any consequences that may arise from your use of the Platform, and expressly agree and acknowledge that we shall have absolutely no liability with respect to the same.

(o) To the fullest extent permissible by law, we, our affiliates, and our related parties each disclaim all liability to you for any loss or damage arising out of or due to:

i) Your use of, inability to use, or availability or unavailability of the Platform, including any third party services made available through the Platform;

ii) The occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, from, or through the Platform, communications failure, theft, destruction or unauthorized access to our records, programs, services, server, or other infrastructure relating to the Platform;

iii) 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 oDoc’s control;

iv) The Platform being infected with any malicious code or viruses; or

v) The failure of the Platform to remain operational for any period of time.

(p) 
You hereby accept full responsibility for any consequences that may arise from your use of the Platform and expressly agree and acknowledge that we shall have absolutely no liability with respect to the same. Notwithstanding anything to the contrary, our maximum aggregate liability for any loss shall not exceed the monies received by us from you in the three months preceding the date of the claim of loss or damage.

9. Indemnity

You agree to indemnify and hold harmless us, our affiliates and respective directors, officers, members, managers, employees, and agents from and against any and all claims and expenses arising out of your use of the Platform, a breach of any provision of these Terms by you or any person using your account on the Platform, any User Information, or any third-party claim to the extent arising from or connected with an allegation that your use of the Platform in accordance with these Terms infringes any rights of a third party.

10. Consent to Use data

(a) You agree that we may, in accordance with our Privacy Policy, collect and use your information, health data, and related information.

(b) We may use information and data pertaining to your use of the Platform for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform and for the creation of anonymized dataset and algorithms.

(c) You hereby expressly authorize us to disclose, subject to applicable laws, any and all information relating to you in our possession to any law enforcement or other government officials, if we believe it is necessary or appropriate in connection with the investigation or resolution of possible crimes, including but not limited to your identity, information provided by you, and your correspondence. You further understand that we might be directed to disclose any such information as may be deemed necessary to satisfy any judicial order, law, regulation or valid governmental request.

 

11.Modification of Platform

We reserve the right at any time to add, modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice or cause. You agree and acknowledge that we shall not be liable to you or to any third party for any such addition, modification, suspension or discontinuation of the Platform.

12. Updates

We reserve the right to provide minor modifications or enhancements, or program temporary fixes or patches, if any, to the Platform (“Updates”). You agree that the addition of major functions or significant new features to the Platform is not an Update. We shall, in our sole discretion, have the right to determine what constitutes an Update.

13. Force Majeure

We shall have no liability to you if we are prevented from or delayed in performing our obligations or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or sub-contractors.

14. Jurisdiction, governing Laws, and Dispute Resolution

These Terms shall be governed by, construed and enforced in accordance with the laws of India. Subject to other provisions in this paragraph, courts in [Bengaluru] shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Platform.

 

Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in [Bengaluru] in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this paragraph. The tribunal shall consist of 1 (One) arbitrator appointed by us. The language of the arbitration shall be English.

The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.

Each party to the arbitration shall bear its own costs with respect to any dispute.

 

15. Miscellaneous Provisions

(a) Modification – We reserve the right at any time to modify these Terms and to add new or additional terms or conditions on your use of the Platform. Such modifications and additional terms and conditions will be  made available on the Platform and, if applicable, will be communicated to you. Unless expressly rejected (in which instance these Terms shall terminate), such modifications or additions will be effective immediately and will be incorporated into these Terms. Your continued use of the Platform will be deemed acceptance of such modifications and additions.

(b) Severability – If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the paragraph, in which case the entirety of the relevant provision will be deemed to be deleted).

(c) Notices – All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to the address set forth in our contact page available at https://odoc.life/contact/.

(d) 
Third Party Rights – No third party shall have any rights to enforce any terms contained herein.

(e) Translations – Any translated version of these Terms is provided solely for your convenience. To the extent any translated version of these Terms conflicts with this English version, this English version shall prevail.


This version of the agreement was uploaded on 26 March 2019.

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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.

Community guidelines are subject to the terms of use

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.

Community guidelines are subject to the terms of use

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.