Our mission is to ensure the generation of accurate and precise findings.
Contact Us Ta-134/A, Gulshan Badda Link +91 9869886116 support@drsahaab.com
Terms of use
Definitions
Code of Conduct
The User shall ensure that his/her conduct is not in violation of any of the laws in force in India, including but not limited to the following:
Enforcement
The Terms of Use, as herein stated and as modified/amended/changed by the App from time to time, shall be legally binding and enforceable on all the Parties.
Nature of Service & Limitations
No Doctor-Diagnostic center-patient Relationship between Us
- We do not provide/practice direct phlebotony or sample collection services and do not provide medical consultation. We merely provide a technology platform and infrastructure that enables you to connect with participating medical practitioners/diagnostic centres listed on the Service and to use the messaging or communication facilities of Our Service that are designed to enable you to communicate with others (‘Communication Tools”) in order to avail the medical Services recommended to you.
- medical practitioners/medical services/diagnostic centres listed on the Service being provided to you have signed / accepted contracts with us and represented to us that they are duly qualified to practice medicine in India and are enrolled on the Medical Register with the respective States in India. While we make reasonable enquiries to confirm the veracity of this representation made to us by the medical practitioners/diagnostic centres/medical service providers, we shall not be responsible for any misrepresentation or fraud in this regard. We do not recommend or endorse any medical practitioners/diagnostic centres/medical service providers or make any representations or warranties with respect to the quality of the medical services medical practitioners/diagnostic centres/medical service providers may provide to you.
- The use of the Service does not create a doctor/patient relationship between you and us. All medical services shall be provided to you by the concerned medical practitioners/diagnostic centres/medical service providers directly and as such, the medical practitioners/diagnostic centres/medical service providers you consult with shall be solely responsible for compliance with all requirements applicable to their professional services provided to you and liable to you for all medical consultation, medical advice, medical service, diagnosis or treatment recommended or provided to you. We shall not be responsible or liable for any defect or deficiency in the medical consultation, diagnosis or treatment recommended to you by any medical practitioner.
- Any advice, information or medical service that may be provided on or through Our Portals is for information only and it does not constitute a medical opinion or advice or a diagnosis or treatment and is not a substitute for professional medical advice, diagnosis or treatment.
- We are not responsible for the accuracy of the results of any Self – Assessment Tests made available as part of the Service. These tests are solely for information purposes to suggest probable risks to users having a particular health issue and the results of the tests do not constitute a medical opinion or diagnosis. You should consult a registered/qualified medical professional before acting on the results of any such tests.
Not for Medical Emergencies & Not a replacement for your PrimaryCare Physician
- The Service we provide is NOT for use for medical emergencies, for life threatening conditions or for when you need acute care. You should not disregard or delay in seeking medical advice from your physician based on anything that appears or is provided to you by or through the Service.
- The services provided to you by medical practitioners through the Communication Tools are not intended to replace your relationship with your primary care physician and you should continue to consult with your primary care physician and other health care professionals as needed / recommended. You should seek emergency help or follow-up care when recommended by a medical practitioner or when you are of the opinion that such help or care is prudent in your sole opinion.
Limitations of Online Consultation and Informed Consent
- When you seek medical services/diagnostic care services using the Communication Tools made available through our Service, you understand the limitations and potential risk of online consultations, including but not limited to the inability to carry out a physical examination or other extensive investigations; delays or failure arising from the disruption of communication devices or Communication Tools; the insufficient quality of information transmitted online, lack of access to your medical records or medical history amongst others and the inherent risks of breach of privacy associated with sharing your sensitive personal information or medical information through the Communication Tools. You take full responsibility for ensuring that any information you submit is complete and accurate and understand that the medical service provider relies solely on information provided by you. We shall not be responsible for any errors in transmission or for the corruption or compromise of any information communicated over telecommunication services. Therefore, before sharing any information or acting on any information or advice offered to you by or through the Service, you should confirm that you have understood and accepted the associated limitations and risks and agree that you are not using the Service as a substitute for consultation with your primary care physician.
- The transmission, storage and/or retrieval of data and information and the provision of the Service through the internet is subject to a variety of factors beyond our reasonable control, including any interruption or unavailability of third-party telecommunication services used to host / provide the Service. In no event will we be liable for any failure or interruption of the Service, including without limitation those failures or interruptions resulting in part or entirely from circumstances beyond our reasonable control.
- Without prejudice to the above, a medical service provider/diagnostic center may, in their sole discretion and professional judgment, determine that the online consultations through the Service are not appropriate for some or all of your needs and, accordingly, may elect not to provide services to you through the Service.
No Sale or Offer to Sell Drugs /Medicines
- Pharmacies who we deal with have represented to us that they are duly qualified and licensed to sell drugs and medicinal preparations as per applicable law in India. While we make reasonable enquiries to confirm the veracity of this representation made to us by the pharmacies, we shall not be responsible for any misrepresentation or fraud in this regard. We do not recommend or endorse any pharmacy or make any representations or warranties with respect to the quality of the drugs or medicinal preparation they may sell to you or their services in relation to the sale/purchase transaction.
- Service provider/Diagnostic center may prescribe medications when medically indicated in their sole professional judgment. In the event that a Service provider/Diagnostic center does prescribe a medication, it will be his/her duty to comply with all applicable laws and we advise them to prescribe a medication as determined appropriate in their sole discretion and professional judgment. You agree that any prescriptions that you acquire from a Service provider/Diagnostic center by/through the Service shall be solely for your personal use. You agree to fully and carefully read and follow all instructions provided to you by the medical practitioner and all product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
- The third-party pharmacy may require you to produce clear and valid prescriptions as required by law for the sale of drugs / medicinal preparations to you.
- User understands and agrees that the website/App is merely a technology platform and the medicines and pharmaceutical products are sold by respective Merchants. Website/App shall not be held responsible in any manner for any error or omission or act committed on part of the Service provider.
Use of Service
You agree to use Our Service (including the Communication Tools) only in accordance with these Terms mentioned here and all applicable laws. You may not use Our Service in any manner that could damage, disable, overburden or impair our computer systems or interfere with any other party’s use and enjoyment of any Service. You should not attempt to gain unauthorized access to any Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
Without prejudice to the above, you agree not to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
You are solely responsible for all information you transmit or share using the Communication Tools and we are not obliged to monitor the same. However, we reserve the right to review any information or materials you share using the Communication Tools and to remove (without notice to you) any information or materials that we find, in our sole discretion, violates any applicable law or these Terms. To this extent, you hereby waive doctor-patient confidentiality and expressly authorise us to review all information you transmit or share using the Communication Tools. In the event of non-compliance with the Terms, we may (without notice to you), immediately terminate your registration with us and/or prevent your access or use of Our Service.
User Communication
Users will receive information on whatsapp and sms on the mobile number provided while availing the services on Dr.SaHaab. This helps Dr.SaHaab send reminders, order statuses, booking reminders and other relevant information. Users accept the nature and risk associated with such communications.
Fair usage policy
The Services of Dr.SaHaab cannot be used for personal gains or in conjunction with any commercial activity including but not limited to using on the application. Dr.SaHaab reserves the right to limit, suspend, disable or discontinue your Service in the event that it is discovered that the Service is being used in conjunction with any commercial activity including but not limited to using on the application or for commercial gains or misuse of service for not intended purpose
Terms of Use:
Without limiting any other provisions of these Terms, you may not use this Application for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access to this Application may be terminated immediately, at our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason.
Payment for Service
Website Security
The Website/App shall undertake necessary processes to secure the data provided by the User. The App currently, encrypts the data provided with 256-bit encryption and stores it in a private cloud with SSL Security Protocols.
Privacy
The Parties shall not disclose any sensitive personal data or personally identifiable data to a Third-Party unless such disclosure is mandated by the law in force or by an Order of any jurisdictional Court of law or forum or regulatory authority or any enforcement judicial or quasi judicial body. The Parties shall be required to send a notice to the relevant party when data other than sensitive personal data or personally identifiable data is to be disclosed to a Third Party. Your data will be processed by us as per applicable laws and our privacy policy available at our website.
The Website/App shall diligently undertake processes and procedures to protect the privacy of the data collected from the User.
The Website/App shall not be liable for the disclosure of sensitive personal data or personally identifiable data by the User.
The Website/App shall not be liable for the disclosure of sensitive personal data or personally identifiable data caused due to circumstances beyond the control of the Website/App.
Refusal of Services
The Website/App reserves the right to refuse its services to any of the Parties for any reason whatsoever.
The Website/App also reserves the right to refuse services if the User fails to adhere to or violates the Terms of Use or any change/amendment/modification made to the Terms of Use or does any act or omission including but not limited to resulting in harassment or misconduct by the User.
In the event that the User has availed the services of the Website/App to secure an appointment with the HCP and subsequently the HCP refuses to provide their services to the User, the Website/App shall not be held liable.
In the event User makes available the Website/App to unauthorised Users other than what is agreed in the Website/App.
In the event the Patient is not present himself or herself while availing the Services via Website/App, Dr.SaHaab may refuse to provide the Services to thePatient unless informed at least 12 hours prior to the time allotted for availing the services.
Termination
The Website/App shall have the right to terminate the contract if the User violates the Terms of Use as stated herein.
The Website/App further reserves the right to terminate the contract with the User without any further liability for whatsoever reason stated under the Terms of Use and hereunder including but not limited to:
The Website/App shall retain the right to terminate this agreement for convenience, with or without giving notice to the User.
Third Party Links & Advertisements
No Warranty
The App shall not undertake warranty for any loss/damage/injury caused to the User or to any other person for whom such services were availed, in the course of care and treatment provided by the HCP.
The Website/App shall not be liable for any acts or omissions of the HCP which amount to medical negligence/ professional misconduct/ deficiency in service/ violation of any law in force.
Indemnification
The User (Indemnifying Party) shall indemnify the Dr.SaHaab (Indemnified Party), any damage, loss or harm caused by negligence, fraud, misrepresentation or wilful misconduct of the Indemnifying Party amounting to breach of the Terms of Use, from and against any action, claim or proceeding brought by a Third-Party.
Nothing in these Terms of Use shall be taken to exclude or limit User’s liability under or arising out of the Terms of Use or use of the App whether based in contract, tort (including negligence and strict liability) or otherwise to the extent that such liability cannot be excluded by law.
Entire Agreement
The Terms of Use shall comprise the entire agreement between the Parties and shall define the rights and obligations of the respective Parties with regard to the subject-matter of the Terms of Use.
The Terms of Use shall override and extinguish any previous agreements and understandings among the Parties, whether oral or written, in relation to the subject matter hereof.
Assignment
The Parties to this Agreement shall not transfer their rights or obligations, either in whole or in part, as envisaged in the Terms of Use to a Third Party without the explicit written consent of the other concerned Parties to this Agreement.
Notices
The Parties shall be required to communicate any notices, requests, demands and/or other communications related to the subject-matter of the Terms of Use with the other Party in writing, either by post or by electronic mail.
The said written communication shall be deemed to be complete and effective:
The said communication shall contain the name, contact number, and address of the Sender.
Jurisdiction, Mediation, and Arbitration
The disputes arising in relation to the subject matter of the Terms of Use shall be first submitted to Mediation at New Delhi. If the dispute remains unresolved, it shall be submitted to Arbitration at New Delhi to be adjudicated by a sole Arbitrator appointed by Medolution Healthcare Private Limited. The award by the said Arbitrator shall be final and binding to all the parties herein.
The adjudicating authorities at New Delhi shall have exclusive jurisdiction over all disputes arising out of the Terms of Use.
Advertisement Policy
The Website/App shall not be liable for any advertising representations made by the Third Party and/or the quality and authenticity of the products or services advertised.
The Website/App does not endorse or support the content of Third Party Advertisements.
The contents of the advertisement are meant only for commercial and promotional purposes. The Website/App shall not be responsible for any harm, damage or loss caused by reliance on such representations that amount to puffery.
Severability
Any clause or part of a clause of the Terms of Use which is found to be illegal, void or unenforceable due to the law in force or by a decision of any competent Court of law, shall be deemed ineffective and severed from the rest of the Terms of Use
Survival
The obligations of the Parties under the Terms of Use with regard to the maintenance of confidentiality and privacy of sensitive personal data or personally identifiable data shall survive the termination/completion/lapse of the Terms of Use
Confidentiality
The Parties acknowledge and agree that any information provided in relation to the User’s sensitive personal information or personally identifiable information shall be confidential. Such confidential information shall not be communicated to a Third Party without the consent of the User unless
Change/Amendment/Modification
The Website/App reserves the right to effect any change, amendment or modification to the Terms of Use, with or without notice to the User. The said change, amendment or modification shall be applicable to and enforceable by all the Parties as a part of the Terms of Use, from the date such change, amendment or modification is published by the Website/App.
The Terms of Use prior to the change, amendment or modification shall cease to exist and shall be deemed to be supplanted by the changed, amended or modified Terms of Use. The changed, amended or modified Terms of Use shall thereafter govern the rights and obligations of the Parties.
Force Majeure
The App shall not be liable for any delay caused in performance or non-performance of any part of the Terms of Use arising out of circumstances beyond the control of the Website/App.
The circumstances beyond the control of the Website/App shall deem to include, but is not limited to, interruptions, difficulties, loss or malfunction of utilities, software or hardware; Acts of God; Civil Unrest; War, pandemic; etc.
Legal Compliance
The Parties shall comply with all relevant laws, bye-laws, rules, regulations, orders, notifications, judgments and decrees in force, applicable to it and its business operations enforced either by the Union Government and/or by the respective State Governments, in their respective jurisdictions.
Grievance Redressal