Conditions of Use

TERMS AND CONDITION

 

These terms and conditions are applicable for all  Practitioners, Practices ,Healthcare Providers and all other Smart Q Care service users  for the use of OPD Organizer, Smart Q care products and the other Services provided by DYAUSMED Healthcare Private Limited (“DYAUSMED”) .

 

DYAUSMED Healthcare Private Limited (“DYAUSMED” or “us” or “we” or “Company”, which also includes its affiliates) is the author and publisher of the internet resource owns and operates the website www.opdorganizer.comwww.smartqcare.com and the mobile application ‘OPDORGANIZER’. DYAUSMED owns and operates the services provided through the Website as well as the software and applications including but not limited to those of the brand names ‘DYAUSMED’, ‘OPD ORGANIZER’ and ‘SMART Q CARE’.

 

This Agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures and this Agreement is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Subscription Services. These Terms of Use constitute the agreement (the “Agreement” or “Terms of Use”) between DYAUSMED and the users of DYAUSMED’s Subscription Services offered through www.smartqcare.comor www.opdorganizer.com(“User”, as defined in Section 2 of this agreement). Your use of DYAUSMED’s Subscription Services, which include OPD Organizer and various ancillary Services accessible at http://www.opdorganizer.com and https://www.smartqcare.com, for which a subscription amount is payable for usage (hereinafter individually referred to as the “Subscription Service” and collectively referred to as the “Subscription Services”) is subject to the following terms and conditions. 

 

The site www.opdorganizer.com and www.smartqcare.comis owned and operated by DYAUSMED Healthcare Pvt. Ltd. . In addition to other things ,this Agreement, provides the terms and conditions for use of Subscription Services, primarily a web based OPD management hosted and managed remotely through the website and through native mobile applications as described in this Agreement. 

 

1. Your Agreement with DYAUSMED

 

Section 1.1  

You acknowledge that you will be bound by this Agreement for availing any of the Subscription Services 

offered by us. 

 

Section 1.2  

We reserve the right to modify the Terms of Use at any time without giving you any prior notice. Your use of the Subscription Services following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of these Subscription Services or to particular Subscription Services are also considered as Terms of Use. By agreeing to these terms, you also agree to the terms of use of the Service, which are available at www.opdorganizer.com/T&Cand www.smartqcare.com/company/T&C.

 

Section 1.3  

Your access to use the Subscription Services will be solely at the discretion of DYAUSMED. 

 

2. About  DYAUSMED 

Section 2.1

DYAUSMED Healthcare Pvt. Ltd  is the author ,publisher and owner of SMARTQCARE Queue management services and all the products offered or which shall be offered in future by Smart Q care Brand. DYAUSMED is also author and publisher of the cloud based software OPD Organizer, and all their services , Softwares, variants, editions, add-ons, and ancillary Subscription Services or services (including all files and images contained in or generated by the software, and accompanying data, together the “Software”). The Subscription Services have been designed for use at Home, businesses, institutions and organisations engaged in the healthcare practices (“Practices”) by healthcare providers (“Practitioners”, which term shall also include designated associates of the healthcare providers who would use Software), and clients of the healthcare providers (“End- Users”, which term shall also include members of public who Practitioners will treat or register  on the website anonymously or as a registered user of the Service) to find, manage and organise information including but not limited to personal or non-personal information, practice and business information, appointments, prescriptions, medical records, billing, inventory and accounting details. All users of the Subscription Services are together termed as (“Users”or “you” or “your”). 

 

SECTION 2.2 

DYAUSMED makes/states no express or implied representations or warranties about its Subscription Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. DYAUSMED does not authorize anyone to make a warranty on DYAUSMED’s behalf and you may not rely on any statement of warranty as a warranty by DYAUSMED.

 

3. Terms of Use 

Section 3.1  

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to: the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”). 

 

Section 3.2

By registering, or accepting this Agreement, you represent and warrant to DYAUSMED that you are 18 years of age or older, and that you have the right, authority and capacity to use the Subscription Services available through the DYAUSMED and agree to and abide by this Agreement. You must be 18 years of age or older to register; use these Subscription Services in any manner. You also represent and warrant that you are not a person barred from receiving the Subscription Services under the laws of India or other countries including the country in which you are resident or from which you use the Subscription Services. 

 

Section 3.3  

By using the OPD Organizer Subscription Services, you agree that you have read and understood these Terms of Use and you agree to be bound by these Terms of Use and use these Subscription Services in compliance with these Terms of Use. Please read these terms of use carefully.If you do not agree to be bound by (or cannot comply with) any of the terms below, do not click the "I Agree" box, do not complete the registration process, and do not attempt to use the service.You expressly represent and warrant that you will not use these Subscription Services if you do not understand, agree to become a party to, and abide by all of the terms and conditions specified below. Any violation of these Terms of Use may result in legal liability upon you. Nothing in these Terms of Use should be construed to confer any rights to any third party or any other person. YOUR USE OF THE OPD ORGANIZER MEANS YOU ARE CONSENTING TO THIS AGREEMENT. 

 

A condition of the User’s use of and access to the Subscription Services available provided by DYAUSMED to Users is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this computer resource/the Subscription Services immediately and immediately discontinue use of all Subscription Services available at the DYAUSMED.

 

Section 3.4   

DYAUSMED authorizes the User to view and access the content available on the Subscription Services solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Subscription Services, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Subscription Services (collectively, "DYAUSMED Content"), are the property of DYAUSMED and are protected under copyright, trademark and other laws. User shall not modify the DYAUSMED Content or reproduce, display, publicly perform, distribute, or otherwise use the DYAUSMED Content in any way for any public or commercial purpose or for personal gain. 

 

Section 3.5  

The agreement shall be applicable to not only the user but also to employee, Associate, Consultant, intern, 3rdparty contractual service provider and the user of our services has authorised you in any form to use the services offered by Dyausmed on his behalf.  If you are an employee, associate, consultant, intern or are in any way associated to the Practitioner/Customer that has subscribed to the Subscription Services and the subscribing Practitioner/Customer has authorized you, explicitly or implicitly, to use the Subscription Services, this Agreement is a three-way agreement between you, the Practitioner/Customer and DYAUSMED. Both the Practitioner and DYAUSMED may seek recourse against you for any violation of the terms of this Agreement. 

 

Section 3.6  

The services offered by Dyausmed are Non Transferable. Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their log-in or right to use the Subscription Services to any third party. You, the User, are solely responsible for the way anyone you have authorized to use the Subscription Services and for ensuring that all of such Users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such User shall be deemed to be a violation thereof by you. Dyausmed shall not be held responsible for any data theft/information leakage which happen due to negligent use / sharing / information theft  of the login ID and password used for using the subscription services.  You also  agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any log-in you use to access the Software.

 

Section 3.7  

The information provided by you while registration or during the course of use of the services are presumed to be correct and accurate. You agree that any registration information you give to DYAUSMED/OPDORGANIZER will always be true, accurate, correct, complete and up to date, to the best of our knowledge. Any phone number used to register with the Subscription Services be registered in your name and you might be asked to provide supporting documents to prove the same. 

 

Section 3.8  

This agreement also covers the users who are using the DYAUSMED services through their Mobile app. These Terms of Use will also be applicable to Users who access Software features using native mobile applications published by DYAUSMED/SMARTQCARE/OPD ORGANIZER including but not limited to its applications for devices running on platforms such as iOS, Android, Windows, Blackberry, Tizen and any derivatives or any other platforms. Additional terms of use may be applicable to Users while accessing Software using such mobile applications. 

 

Section 3.9  

You agree to use the Subscription Services only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).

 

Section 3.10  

You agree not to access (or attempt to access) any of the Subscription Services by any means other than through the interface that is provided by DYAUSMED, unless you have been specifically allowed to do so in a separate agreement with DYAUSMED. 

 

Section 3.11  

You agree that you will not use the Subscription Services provided by DYAUSMED for any unauthorized and unlawful purpose. You will not impersonate another person, including, without limitation, a Practitioner, a Practice or User. 

 

Section 3.12  

You agree that you are solely responsible for (and that DYAUSMED has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which DYAUSMED may suffer) of any such breach. 

 

Section 3.13  

You shall indemnify DYAUSMED for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by DYAUSMED as a result of your breach under any applicable law. 

 

Section 3.14  

You agree that you will not engage in any activity that interferes with or disrupts the Subscription Services (or the servers and networks which are connected to the Subscription Services). You agree that you will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell the Software or any other Subscription Services for any purpose whatsoever. 

 

Section 3.15  

You expressly agree and acknowledge that your use of the Subscription Services is at your sole risk and that the Subscription Services are provided "as is" and "as available”. 

 

Section 3.16  

You agree that you will not make any unsolicited calls or use any information displayed on the DYAUSMED, an online platform; to breach any applicable rules and guidelines related to unsolicited commercial communications, including but not limited to regulations & guidelines such as TRAI guidelines for telemarketers, or otherwise violate applicable law while using the Subscription Services. 

 

Section 3.17  

You agree that this Agreement and the Subscription Services of DYAUSMED are subject to any modification, or may be removed by DYAUSMED, as a result of change in government regulations, policies and local laws as applicable. 

 

Section 3.18  

OPD Organizer being an ancillary product of DYAUSMED, the reviews and recommendations shared over OPD Organizer can be displayed on the Website. Reviews and recommendations of the End-Users not registered with DYAUSMED may be displayed on the Website through OPD Organizer. User agrees that DYAUSMED shall not be responsible for any of the reviews made on the Website. 

 

Section 3.19 

The Practitioner agrees that if the Software is being used by its employees or agents, including receptionists, such employees or agents will use the Software in accordance with this Agreement. 

 

Section 3.20 

Your use of each Subscription Service confers upon you only the rights and obligations relating to such Subscription Service, and not to any other Subscription Service or service that may be provided by DYAUSMED.

 

Section 3.21 

User can use OPD Organizer to book appointments with End-Users, send End-Users reminders for appointments, record their clinical notes, generate their prescriptions and to generate bills and invoices. 

 

Section 3.22 

DYAUSMED OPD Organizer (“OPD Organizer”) is available ‘on the cloud’ wherein Practitioners are able to access to solution for a specific period of time, as chosen by them. 

 

Section 3.23 

DYAUSMED reserves the right to make any further operational changes to the Software, at its discretion and the Practitioners will be notified of such changes or updates with a prior notice. DYAUSMED reserves the right to extend and withdraw ‘ABS’ (also known as Instant) functionality to you at its sole discretion, based on the number of End-User appointments being honoured by you. The extension or withdrawal of such facility shall intimated to you by DYAUSMED. 

 

Section 3.23 

User shall agree that you will indemnify and keep indemnified DYAUSMED for all the costs, damages and losses any in case of any breach of security procedures by the User(s), User’s employees or its vendors. 

 

Section 3.23 

User shall agree that they will be subscribing the Software for the purpose of End-User management and will not use the Subscription Services provided by DYAUSMED for any unauthorized and unlawful purpose. You will not impersonate another person. 

 

Any communication sent by or through DYAUSMED to the clients or customers (whether or not End-Users) of a particular Practitioner is based solely on information uploaded by such Practitioner on the OPD Organizer software. The accuracy and completeness of such information (including but not limited to contact details of the client or customer) is the sole responsibility of the Practitioner. DYAUSMED will not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient. 

 

 

4. Use of Subscription Services 

 

Section 4.1  

DYAUSMED is only providing a Software use Service for Medical Practitioners, healthcare professionals and their associates. DYAUSMED provides Software as a Software as a service through its website. DYAUSMED is not responsible for and does not deal with any of patient managed by User through the website or native mobile applications and only provides Software to User through the website and native mobile applications. To the extent User uses such software or downloads such software from the website, the software, will be deemed to be licensed to User by DYAUSMED, for providing Subscription Services to User and enabling User to use those Software only. DYAUSMED does not transfer either the title or the intellectual property rights to the Software and other its Subscription Services, and DYAUSMED (or its licensors) retain full and complete title to the Software as well as all intellectual property rights therein. User agrees to use the Subscription Services and the materials provided therein only for purposes that are permitted by: (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. Information provided by a User to DYAUSMED may be used, stored or re-published by DYAUSMED or its affiliates even after the termination of these terms of Service. 

 

Section 4.2  

DYAUSMED may offer at its discretion, a free trial of its Subscription Services for a specified time period or offer free patient credits for the duration of the trial period. Users of the Software during the trial period are bound by the terms of this Agreement in same capacity as regular subscriber and any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions. Any data User enters into the Software, and any customizations made to the Software by or for User, during User’s free trial will be permanently lost at the expiry of the specified time period unless the User upgrades his/her/its subscription to one of the User Plans, available at https://www.opdorganizer.com/ pricing. DYAUSMED does not provide any warranty during the trial period. 

 

Section 4.3  

DYAUSMED offers its Subscription Services on as-is basis and has the sole right to modify any feature or customize them at its discretion and there shall be no obligation to honour customization requests of any User. The subscription fee / Patient credits charges hence charged is exclusive of any customisation costs. 

 

Section 4.4  

The User shall not access the Subscription Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes . In addition,User shall not access the Subscription Services of DYAUSMED if the User or the organisation that he/she/it represents is DYAUSMED’s direct competitor, except with DYAUSMED’s prior written consent. 

 

Section 4.5  

DYAUSMED provides, at its discretion basic support for the Subscription Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Subscription Services available 24 hours a day, 7 days a week, except for (i) planned downtime (of which DYAUSMED shall give at least 8 hours notice to Users via the Subscription Services and which DYAUSMED shall schedule to the extent practicable during the weekend hours from 7:00 p.m. Indian Standard Time (IST) Friday to 7:00 a.m. Indian Standard Time (IST) Monday), or (ii) any unavailability caused by circumstances beyond DYAUSMED’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider failures or delays. 

DYAUSMED will provide the Subscription Services only in accordance with applicable laws and government regulations. Notwithstanding anything to the contrary contained herein, DYAUSMED does not warrant that its Subscription Services will always function without disruptions, delay or errors. A number of factors may impact the use of the Subscription Services (depending on the Subscription Services used) and native mobile applications and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, your power supply and telephony services. DYAUSMED takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control. 

 

Section 4.6  

In the event the Software are not available due to apparent default at DYAUSMED’s end or are rendered unusable, DYAUSMED may at its discretion extend the subscription period of the Practitioner only by such number of calendar days when the Subscription Services were not available. However, you shall agree that DYAUSMED is not responsible and will not be held liable for the any failure of the intermediary services such as, internet connectivity failure or telephonic disconnections. 

 

Section 4.7  

The Subscription Services may be subject to certain limitations, such as, limitations dependent on the ‘User Plan’, for example, number of SMS, number of appointments, number of users or accounts, validity of subscription and any other limitations. Any such limitations are specified in the User Plans. The Subscription Services have been designed to provide real-time information to enable User to monitor such User’s compliance with such limitations. 

 

Section 4.8  

DYAUSMED does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by End- Users or any third party through the Subscription Services. Notwithstanding anything to the contrary contained herein, Practitioner alone shall be liable for Practitioner’s dealings and interaction with End-Users contacted or managed through the Software and DYAUSMED shall have no liability or responsibility in this regard. The Subscription Services are not intended for and must not be used for emergency purposes such as emergency appointments, emergency healthcare procedures or any other emergency situations. DYAUSMED shall not be responsible under any circumstances for any prescribed drugs, Dosage , contraindications, allergy or any kind of wrong or illegal service provided by the user including any typing error , errored by the user. OPD Organizer is only a service which is only a tool to create and manage appointments, Prescriptions etc and in no case responsible for the treatment or results of treatment provided by the user / practitioner to the end user using OPD Organizer.  

 

Section 4.9 

DYAUSMED may provide End-Users with a free end user / patient’s login accounts on the Website and its mobile application ‘DYAUSMED’. These may include information provided by you through your use of the Subscription Subscription Services. The specific terms relating to such account are as below, without prejudice to the rest of these Terms and the Privacy Policy: 

 i. End-Users’ login accounts will display and contain the same information that was created by the End-User or provided by you. DYAUSMED is not in a position to validate the information and will not be responsible for any errors in or incompleteness of such information. You hereby represent and warrant that to the extent that you provide any such information, it is true and complete to the best of your knowledge. 

 ii. By sharing the patient’s information with the relevant patient’s account or similar settings in the Subscription Subscription Services, you are granting an irrevocable right of ownership to the relevant End-Users to all the information sent to the patient’s login account. 

 iii. It shall be responsibility of the subscription services user to ensure that such patients’ and customers’ mobile numbers and email IDs are correctly provided and mentioned by you while using the Subscription Subscription Services. In case of any errors or changes in details you are required to inform DYAUSMED of the same as soon as you become aware of such errors or changes. DYAUSMED is not responsible for verifying the accuracy or incompleteness of such persons’ details, and shall not be liable for any errors in the same. 

 

Section 4.10  

DYAUSMED may, at its sole discretion, suspend User’s ability to use or access the Subscription Services at any time while DYAUSMED investigates complaints or alleged violations of this Agreement, or for any other reason. 

 

Section 4.11  

DYAUSMED reserves the right to use all information captured in its Subscription Services in anonymised form for the purpose of its Subscription Services improvements, and providing analytics and businesses intelligence to the third parties. On the basis of such information, DYAUSMED tries to make its Subscription Services more useful in following way: 

(i) Development of new Subscription Services 

(ii) Analysing software usage patterns for improving Subscription Services design and utility; 

(iii) Analysing anonymised patients’ information for research and development of new technologies and any other Subscription Services offerings; Users can use the rectification tools provided by DYAUSMED or contact DYAUSMED immediately for rectifications. DYAUSMED shall bear no liability or responsibility in this regard. 

 

Section 4.12 

DYAUSMED reserves the right to use the following types of information stored in our software: 

(i) Practice information; 

(ii) Practitioner information; 

(iii) End-Users’ demographic information as anonymised form; 

(iv) End-Users’ information in relation to his health and history (anonymised form); 

 

Section 4.13  

Certain Subscription Services (including ancillary Subscription Services) may be subject to additional limitations, restrictions, terms and/or conditions specific to such Software (“Specific Terms”). In such cases, the applicable Specific Terms will be and your access to and use of the relevant Subscription Services will be contingent upon your acceptance of and compliance with such Specific Terms. 

 

Section 4.14  

DYAUSMED does not guarantee that the appointments will be confirmed in all cases While DYAUSMED shall make every feasible effort to ensure a confirmed appointment for a End-User who requested an appointment on the Service,. Further, DYAUSMED has no liability if such appointment is confirmed but later cancelled by any of the End-Users, or the Practitioners are not available as per the given appointment time. 

 

Section 4.15

DYAUSMED shall continuously upgrade its products and it reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Subscription Services as and when it deems fit, and make any such changes available in newer versions of its Subscription Services or native mobile application or all of these at its discretion. All Users of its Subscription Services will be duly notified upon release of such newer versions and DYAUSMED reserves the right to automatically upgrade all Users to the latest version of its Software as and when it deems fit. 

 

Section 4.16  

The Subscription Services available by DYAUSMED accepts online appointment requests for all practitioners listed and displayed on its website. DYAUSMED intends to take all reasonable steps to duly inform Practices via phone and email for appointment requests made on Service. However, it is possible that some appointment requests do not reach the Practices at all or in a timely manner due to technical or operational reasons including but not limited to cases when Practices do not respond to phone calls made by DYAUSMED or when Practices do not read emails or text messages sent by DYAUSMED in timely manner. DYAUSMED shall have no liability or responsibility in this regard. 

 

5. Payment, Fees and Taxes: 

 

Section 5(i)  

Fees stated prior to the Subscription Services being provided, as amended at DYAUSMED’s sole discretion from time to time, shall apply & DYAUSMED may add new Subscription Services( prepaid or ppostpaid) for additional fees and charges or may proactively amend fees and charges for existing Subscription Services, at any time in its sole discretion. 

 

Section 5(ii)  

If you purchase any subscription based post-paid Service, you authorize DYAUSMED to charge you applicable fees at the beginning of every subscription period or at such intervals as applicable to the said Service, and you authorise DYAUSMED make such modification to the fee structure as required during the subsistence of a subscription period and also agree to abide by such modified fee structure. 

 

Section 5(iii)  

You agree that the billing credentials provided by you for any purchases from DYAUSMED will be accurate and you shall not use billing credentials that are not lawfully owned by you. 

 

Section 5(iv)  

The User agrees to pay all subscription fees, consulting fees and other fees applicable to User’s use of Subscription Services and the User shall not circumvent the fee structure. The fee is dependent on the User Plan that User purchases and on any additional usage beyond limitations of the User plans but not on actual usage of the Subscription Services. The subscription fee is non-refundable. 

 

Section 5(v)  

Each User is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. DYAUSMED is in no way responsible for any of the User’s taxes or legal or statutory compliances, except for its own due diligence. 

 

Section 5(vi)  

DYAUSMED may make available an offline/Online fee payment facility, supported by a third party vendor. DYAUSMED is not responsible for any loss or damage caused to the User using this payment facility provided by such third party vendor. 

 

Section 5(vii)  

The Patient Credits or Monthly Subscription can be purchased by paying through online portal on www.smartqcare.com.

 

Section 5(viii)  

All fees are exclusive of taxes. Service Tax and other statutory taxes as applicable are levied on every purchase. 

 

Section 5(ix)  

The payment process would be considered to be complete only on receipt of the fees into DYAUSMED's designated bank account. 

 

Section 5(x)  

DYAUSMED reserves the right to modify the subscription charges  by providing a 30 (thirty) days’ prior notice, either by notice on the Subscription Services or through email to the authorized User, which shall be considered as valid and agreed communication. Upon the User not communicating any response to DYAUSMED to such notice, DYAUSMED shall apply the modified fee structure effective from the expiry of the said notice period. In order to process the fee payments, DYAUSMED might require details of User’s bank account, credit card number and other such financial information. Users are directed to check our privacy policy www.opdorganizer.com/privacy on how DYAUSMED uses the confidential information provided by Users. 

 

Section 5(xi)  

Notwithstanding anything to the contrary contained herein, in case the payments are made by a User through credit card, an invoice for subsequent subscription period/renewals shall be generated 10 (ten) days prior to the expiry of the existing subscription period and an email will be sent to such User registered with DYAUSMED intimating such User about expiration of the current subscription period and that the credit card of such User registered with DYAUSMED will be charged automatically against payment of subscription fee for subsequent subscription period, along with a copy of the invoice for the subsequent subscription period/renewal. Subject to the provisions of section 8.2 below, if a User is not willing to continue or renew the subscription of Subscription Services, the same shall be communicated to DYAUSMED by the User within 5 (five) days of receipt of such intimation from DYAUSMED. In the absence of such intimation to discontinue the subscription, DYAUSMED shall be entitled to charge the credit card of the User registered with DYAUSMED on the day the current subscription period expires. This shall not be applicable for prepaid users.

 

Section 5(xii)  

DYAUSMED shall send an intimation of receipt of Subscription fee from the Users through an email within 7 (seven) working days of receipt of fee into DYAUSMED’s designated bank account. 

 

Section 5(xiii)  

In case of non-payment of any fee beyond the date a payment becomes overdue (overdue date),incase of monthly postpaid subscriptions , DYAUSMED reserves the right to take any or all of the following actions as it deems appropriate 

 

(i)  reduce all Subscription Service credits in Users’ Subscription Services account to 0 (zero) anytime after 7 (seven) days from the overdue date, including but not limited to SMS and Call credits. 

(ii)  discontinue the Subscription Services to the User anytime after 30 (thirty) days from the overdue date. 

(iii)  delete all information in User’s account anytime after 90 (ninety) days from the overdue date. 

 

Section 5(xiv)  

Fees and charges shall be calculated solely based on records maintained by DYAUSMED or its third party billing provider. No other information of any kind shall be acceptable by us or have any effect under this agreement. Decision of DYAUSMED shall be final and binding in relation to any fees payable by Users. 

 

Section 5(xv)  

You can cancel your access to the Subscription Services using any of the cancellation methods listed in the Terms of Use or by contacting our customer support by email at support@DYAUSMED.com

 

Section 5(xvi)  

DYAUSMED will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Subscription Services, or parts thereof, except that you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees, paid deposits or payments for Subscription Services other than the non-refundable one time set-up fees as due prior to permanent discontinuation the Subscription Services or upon the expiry of 45 (forty five) days from the date of your written notice to DYAUSMED. DYAUSMED shall have the right to deduct any taxes that are due in relation to the refund amount (if any). 

 

Section 5(xvii)  

The subscription charges are non-transferable and the payment made by the User for a particular Subscription Service cannot be transferred or carried over to another Service. 

 

6. Collection, Use, Storage and Transfer of Personal Information 

Section 5.1  

The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the privacy policy (“Privacy Policy”) available at www.opdorganizer.com/company/terms 

 

Section 5.2  

The Privacy Policy sets out:

1. The type of information collected from Users, including sensitive personal data or information; 

2. The purpose, means and modes of usage of such information; and 

3. How and to whom DYAUSMED will disclose such information. 

 

Section 5.3  

The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of: 

(a)  the fact that the information is being collected; 

(b)  the purpose for which the information is being collected; 

(c)  the intended recipients of the information; 

(d)  the name and address of the agency that is collecting the information and the agency that will retain the information; and 

(e)  the various rights available to such Users in respect of such information. 

 

Section 5.4  

Each Practice and its users of Software will be responsible for obtaining explicit consent from their End-Users before storing any End-User information in Software. 

 

Section 5.5  

DYAUSMED shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to DYAUSMED or any other person acting on behalf of DYAUSMED. 

 

Section 5.6  

The use of the Subscription Services involves every User’s registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the privacy policy. The other information collected by DYAUSMED from Users as part of the registration process is described in the privacy policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy. 

 

Section 5.7  

The User is responsible for maintaining the confidentiality of the User’s log-in account access information and password. The User shall be responsible for all usage of the User’s log-in or password, whether or not authorized by the User. The User shall immediately notify DYAUSMED of any actual or suspected unauthorized use of the User’s log-in or password. Although DYAUSMED will not be liable for your losses caused by any unauthorized use of your account such as stolen or hacked passwords, you may be liable for the losses to DYAUSMED or any others parties due to such unauthorized use. 

 

Section 5.8  

If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or DYAUSMED has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DYAUSMED has the right to discontinue the Subscription Services to the User at its sole discretion. 

 

Section 5.9  

DYAUSMED may, at its discretion, use information stored in its Subscription Services from time to time for the purposes of debugging customer support related issues. 

 

Section 5.10  

DYAUSMED collects and uses Users personal and demographics information in ways as stated in Privacy Policy that can be found at www.opdorganizer.com/privacy. DYAUSMED intends to seek User’s permission if it wishes to use any User’s personal data for any purpose not specified herein or in the Privacy Policy. Any information provided by the User may be retained by DYAUSMED and used at its discretion after termination of this Agreement or expiry of a subscription by the User, and thereupon the Agreement and Privacy Policy of www.opdorganizer.com shall be applicable to such information 

 

6. Covenants 

Section 6.1 

As mandated by Regulation 3(2) of the IG Rules, DYAUSMED hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that: 

(a)   deceives or misleads the addressee (or End-User or User) about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(b)  contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; 

(c)  harm minors in any way; 

(d) belongs to another person and to which the User does not have any right to; 

(e)  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. 

(f)  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; 

(g)  infringes any patent, trademark, copyright or other proprietary rights; 

(h)  violates any law for the time being in force; 

(i)  impersonate another person;  

 

Section 6.2 

The User is also prohibited from: 

(i)   attempting to decipher, decompile, disassemble or reverse engineer any part of the Subscription Services unless explicitly permitted by DYAUSMED;

(ii) transmitting any information (including job posts, messages and hyperlinks) on or through the Subscription Services that is disruptive or competitive to the provision of Subscription Services by DYAUSMED; 

(iii)  circumventing or disabling any digital rights management, usage rules, or other security features of the Software. 

(iv)  intentionally submitting on the Subscription Services any incomplete, false or inaccurate information; 

(v)  using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Service; 

(vi)  copying or duplicating in any manner any of the DYAUSMED content or other information available from the Service; 

(vii)  violating or attempting to violate the integrity or security of the Subscription Services or any DYAUSMED Software;

(viii)  making any unsolicited communications to other Users and framing or hotlinking or deep linking any DYAUSMED content. 

 

Section 6.3  

DYAUSMED, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in S. 6.2 above, shall be entitled to disable such information that is in contravention of S. 6.2. DYAUSMED shall be entitled to preserve such information and associated records for at least 90 (ninety) days for service on to governmental or investigative authorities for investigation purposes. 

 

Section 6.4  

In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the privacy policy) by a User, DYAUSMED has the right to immediately terminate the access or usage rights of the User to the Subscription Services and to remove non compliant information. 

 

Section 6.5  

DYAUSMED may disclose or transfer User Information (as defined in the privacy policy) to its affiliates, and you hereby consent to such transfer. The SPI Rules only permit DYAUSMED to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by DYAUSMED as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between DYAUSMED or any person on its behalf and the user or where the User has consented to data transfer. 

 

Section 6.6  

DYAUSMED respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights. 

 

7. Liability 

Section 7.1  

DYAUSMED shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures made by DYAUSMED, where the User has consented to the making of disclosures by DYAUSMED. If the User had revoked such consent under the terms of the privacy policy, then DYAUSMED shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by DYAUSMED prior to its actual receipt of such revocation. 

 

Section 7.2  

The User shall not hold DYAUSMED responsible or liable in any way for any disclosures by DYAUSMED under Regulation 6 of the SPI Rules. 

 

Section 7.3  

The Software provided by DYAUSMED or any of its licensors or providers are provided "as is”," as available”, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). DYAUSMED does not provide or make any representation, warranty or guaranty, express or implied about the Subscription Services. DYAUSMED does not verify any content or information provided by Users on its Subscription Services and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Subscription Services, , the DYAUSMED Content, representations and warranties made by the Users or the content or information provided by the Users on the Subscription Services or any opinion or suggestion given or expressed by DYAUSMED or any User in relation to any User or Subscription Services provided by such User. 

 

Section 7.4  

DYAUSMED assumes no responsibility, and shall not be liable for ways in which End-User data is used by Practitioners and other authorized users of Software at a Practice. It is the responsibility of the Practice alone to ensure that the End-User data either stored in Software or taken out from Software by printing or exporting to PDF, CSV or any other computer file format or data stored offline in mobile devices of users accessing Software through mobile applications published by DYAUSMED, is used in compliance to local privacy laws applicable to the Practice’s business transactions with End-Users. 

 

Section 7.5  

The Subscription Services of DYAUSMED may be linked to the services of third parties, affiliates and business partners. DYAUSMED has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Subscription Services or made available by/through our Subscription Services. Inclusion of any link on the Subscription Services does not imply that DYAUSMED endorses the linked site. User may use the links and these Subscription Services at User’s own risk. 

 

Section 7.6  

DYAUSMED assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Subscription Services or the downloading of any material, data, text, images, video content, or audio content from the Service. If a User is dissatisfied with the Service, User’s sole remedy is to discontinue using the Subscription Services of DYAUSMED. 

 

Section 7.7  

The Subscription Services may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized DYAUSMED representatives or agents, and their opinions or statements do not necessarily reflect those of DYAUSMED, and they are not authorized to bind DYAUSMED to any contract. DYAUSMED hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner. 

 

Section 7.8  

In no event, including but not limited to negligence, shall DYAUSMED, or any of its directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Subscription Services or the content, materials and functions related thereto, User’s provision of information via the Subscription Services of the DYAUSMED, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any Subscription Services by Practitioners to End-Users contacted or managed through the Service. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Subscription Services. In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Subscription Services exceed, in the aggregate Rs. 1000. 

 

Section 7.9 

In no event shall the protected entities be liable for failure on the part of the Users to provide agreed Subscription Services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the protected entities be liable for any comments or feedback given by any of the Users in relation to the Subscription Services provided by a User. 

 

Section 7.10 

The listing order of Practitioners and/or Practices on the Subscription Services is based on numerous factors including End-Users’ comments and feedbacks. In no event shall the protected entities and the DYAUSMED be liable or responsible for the listing order of Practitioners and/or Practices on the Service. Further, DYAUSMED shall not be responsible for adverse feedback or comments, or ratings on the Subscription Services which are a subject matter of automated processes, and DYAUSMED disclaims any liability for lost business or reputation of a User due to information, data or ratings that’s are available on the Service. DYAUSMED at its discretion hold the sole right to display the listing order of the Practitioner and/ or Practices in future. 

 

Section 7.11 

The reviews and the feedbacks are displayed by the DYAUSMED at its discretion. You agree that DYAUSMED may contact you through telephone, email, sms, or at your contact details for the limited purpose of: 

i. Obtaining feedback in relation to DYAUSMED’s Subscription Services; and/or 

ii. Obtaining feedback in relation to any Practitioners or the HCPs listed on the Service. 

 

Section 7.11 

The protected entities and the DYAUSMED shall not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in DYAUSMED Subscription Services made to you, or for any unauthorized interception of Customer’s communications or other breaches of privacy attributable in part to the acts or omissions of Customer or third parties, or for damages associated with the Service, or equipment that it does not furnish, or for damages that result from the operation of Customer provided systems, equipment, facilities or services that are interconnected with the Service. 

 

8. Indemnity 

Section 8.1 

User agrees to indemnify and hold harmless, DYAUSMED, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access to or use of Software, violation of this Agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. DYAUSMED will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. 

 

9. Spamming 

Section 9.1 

DYAUSMED has a zero-tolerance spam policy. DYAUSMED employs controls on user permission to receive Content from DYAUSMED’s Subscription Services and has easily accessible ways for users to block or not receive content if they chose to. However, DYAUSMED’s policy on spam is clearly stated below: 

 

  1. (a)  Spamming is defined as the practice of (i) sending unsolicited messages, likely with commercial content, (ii) in large quantities (iii) to an indiscriminate set of recipients. The result of this practice is termed “Spam”. 
  2. (b)  The sender of any message deemed to be "spam" is liable for Rs. 2,000/- for each end user that receives each unauthorized message. The sender of ‘Spam’ will pay all fees owed to DYAUSMED within thirty (30) days of such transmission. 

 

 

10. Term, Termination and Disputes 

Section 10.1  

This Agreement will remain in full force and effect while the User is a user of any of the Subscription Services in any form or capacity.

 

Section 10.2  

The User on his/her behest can request for termination of his/her/its membership with DYAUSMED at any time by providing 30 (thirty) days’ prior written notice to support@DYAUSMED.com. During this 30-day tenure, DYAUSMED will investigate and ascertain the fulfilment of any ongoing Subscription Services or pending dues related to subscription fees or any other fees by the User. DYAUSMED may require the User to continue his/her/its subscription until the completion or termination of an on-going Subscription Services or subscription period, should the situation warrant and at DYAUSMED’s discretion. The User shall be obligated to clear any dues with DYAUSMED for any of its Subscription Services for which the User has procured. DYAUSMED shall not be liable to you or any third party for any termination of your access to the Site and/or the Subscription Services. 

 

Section10.3 

DYAUSMED reserves the right to terminate any account in cases: 

(i) DYAUSMED is unable to verify or authenticate any information provide to DYAUSMED by a User; 

(ii)  A User breaches any terms and conditions of this terms of use or privacy policy; or 

(iii)  DYAUSMED believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for DYAUSMED or are contrary to the interests of the Service. 

 

Section 10.4  

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Subscription Services under the same account, a different account or re-register under a new account, unless explicitly permitted by DYAUSMED. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other content kept on the Subscription Services by such User. The User shall ensure that he/she/it maintains has continuous backup of any User-provided content, data or information on the Service, in order to comply with his/her/its record keeping process and practices. Nothing contained in these Terms of Use shall restrict DYAUSMED’s use of the data or right to publish information made available by a User in the public domain through the Subscription Services or any other platform managed by DYAUSMED after the termination or expiry of a subscription or cessation of operation of these Terms in relation to a specific User. 

 

Section 10.5  

Return of User’s Data: Upon request by a User made within 30 (thirty) days after the effective date of termination of a Subscription Services subscription due to non-payment, DYAUSMED will make available to the User for download a copy of such User’s data in comma separated value (.csv) format or any other format as determined by DYAUSMED. After such 30 (thirty) days period, DYAUSMED shall have no obligation to maintain or provide any of such User’s data and shall thereafter, unless legally prohibited, delete all User’s data in its systems or otherwise in its possession or under its control. In cases where User terminates the subscription voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the subscription - Users data will not be available after termination of subscription in such cases. 

 

Section 10.6  

DYAUSMED reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Subscription Services and immediate termination of the User’s account with or without ability to access the Softwares, upon any breach by the User of this Agreement or if DYAUSMED is unable to verify or authenticate any information the User submits to DYAUSMED, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for DYAUSMED to provide the Subscription Services to the User. 

 

Section 10.7  

This Agreement and any contractual obligation between DYAUSMED and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Ghaziabad, India. 

 

Section 10.8  

Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination. 

 

Section 10.9  

Any amendment in these Terms shall replace all previous versions of the same. 

 

11. Misuse of the Subscription Services 

Section 11.1 

DYAUSMED reserves the right to restrict, suspend or terminate the account of any User who abuses or misuses the Subscription Services . Misuse includes creating multiple or false profiles, infringing any intellectual property rights, violating any of the terms and conditions of these Terms of Use, or any other behavior that DYAUSMED, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, DYAUSMED has adopted a policy of terminating accounts of users who, in DYAUSMED’s sole discretion, are deemed to be repeat infringers of any Terms of Use even after being warned by DYAUSMED. 

 

12. Theft/Misuse of Subscription Services 

Section 12.1 

You agree to intimate and notify DYAUSMED immediately, in writing or by mail to support@DYAUSMED.com or by calling DYAUSMED customer care ( check website for latest Contact information), if your content is stolen or if you become aware at any time that your account with any Subscription Service is being misused or being used fraudulently. When you call or write, you must provide your account details and a detailed description of the circumstances of the theft or fraudulent use of the Subscription Services . Failure to do so promptly or within a reasonably prompt time period after discovery of the improper use may result in the termination of your Subscription Services and additional charges to you. You will be liable for all use of the Subscription Services if your account is misused and also for any and all stolen Subscription Services or fraudulent use of the Service. Notwithstanding anything herein to the contrary, DYAUSMED shall not be liable to extend the subscription period or waive-off any fees on account of such theft or fraudulent use. This includes, but is not limited to, modem hijacking, wireless hijacking, or other fraud arising out of a failure of your internal or corporate security procedures. DYAUSMED will not issue refunds for fraudulent use resulting from your negligent or wilful acts or those of an authorized user of your Subscription Services. 

 

13. Severability & Waiver 

Section 13.1 

If any provision of this terms of use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 

 

14. Contact Information 

Section 14.1 

If any User has any question, issue, complaint regarding any of our Subscription Services, please contact our customer service at support@DYAUSMED.com

 

Section 14.2 

If a User has any questions concerning DYAUSMED, the Service, this Agreement, or anything related to any of the foregoing, DYAUSMED can be reached at the following email address - support@DYAUSMED.com or via the contact information available from the following hyperlink: www.opdorganizer.com/contact