Dorays Technologies Private Limited, on behalf of itself and its affiliates/group companies under the brand "Dorays" (“Dorays”), is the author and publisher of the internet resource www.dorays.com and the mobile application ‘Dorays’ (together, “Website”). Dorays owns and operates the services provided through the Website.
The Agreement applies to you whether you are -
i. A medical practitioner/doctors or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
ii. A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
iii. Otherwise a user of the Website (“you” or “User”). This Agreement applies to those services made available by Dorays on the Website, which are offered free of charge to the Users (“Services”), including the following:
iv. For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
v. For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Dorays, and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of Dorays, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at firstname.lastname@example.org.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of Dorays.
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Dorays that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
C.1 END-USER ACCOUNT AND DATA PRIVACY
C.1.2 Dorays may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Dorays’s services and to build new services.
C.1.3 The Website allows Dorays to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
ii. The purpose, means and modes of usage of such information;
iii. How and to whom Dorays will disclose such information; and,
iv. Other information mandated by the SPI Rules.
i. the fact that certain information is being collected;
ii. the purpose for which the information is being collected;
iii. the intended recipients of the information;
iv. the nature of collection and retention of the information; and
v. the name and address of the agency that is collecting the information and the agency that will retain the information; and
vi. the various rights available to such Users in respect of such information.
C.1.6 Dorays 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 Dorays or to any other person acting on behalf of Dorays.
C.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Dorays of any actual or suspected unauthorized use of the User’s account or password. Although Dorays will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Dorays or such other parties as the case may be, due to any unauthorized use of your account.
C.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Dorays has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dorays has the right to discontinue the Services to the User at its sole discretion.
C.1.9 Dorays may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
C.2 LISTING CONTENT AND DISSEMINATING INFORMATION
C.2.1 Dorays collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Dorays takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Dorays screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
C.2.2 The Services provided by Dorays or any of its licensors or service providers are provided on an "as is" and “as available’ basis, 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). Dorays does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Dorays does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Dorays disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Dorays or any User in relation to any User or services provided by such User.
C.2.3 The Website may be linked to the website of third parties, affiliates and business partners. Dorays has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Dorays endorses the linked site. User may use the links and these services at User’s own risk.
C.2.4 Dorays 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 Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
C.2.5 If Dorays determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Dorays reserves the right to immediately suspend your access to the Website or any of your accounts with Dorays and makes such declaration on the website alongside your name/your clinic’s name as determined by Dorays for the protection of its business and in the interests of Users. You shall be liable to indemnify Dorays for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Dorays or its Users.
C.2.6 The information published under the head of "Industry wide city-wise Pricing Graph" is derived from a benchmarking group that is determined to be relevant by Dorays in the relevant city. Dorays has published this information for guidance purpose and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. Dorays is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.
Dorays enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the Website or mobile app; b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Website.
i. Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.
C.4.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Dorays and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
C.4.2 It is hereby expressly clarified that, the Information that you obtain or receive from Dorays, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
C.4.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly
C.5.1 The contents listed on the Website are (i) User generated content, or (ii) belong to Dorays. The information that is collected by Dorays directly or indirectly from the End- Users and the Practitioners shall belong to Dorays. Copying of the copyrighted content published by Dorays on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Dorays reserves its rights under applicable law accordingly.
C.6.2 Dorays authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Dorays Content"), are the property of Dorays and are protected under copyright, trademark and other laws. User shall not modify the Dorays Content or reproduce, display, publicly perform, distribute, or otherwise use the Dorays Content in any way for any public or commercial purpose or for personal gain.
C.6.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
The terms in this Clause 4 are applicable only to Practitioners.
D.1.1 Dorays, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Dorays reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Dorays immediately to enable Dorays to make the necessary amendments.
D.1.2 Dorays shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
D.1.4 Dorays reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Dorays shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
D.1.5 Practitioners explicitly agree that Dorays reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
D.1.7 You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Dorays accepts no liability for the same
D.2 PROFILE OWNERSHIP AND EDITING RIGHTS
Dorays ensures easy access to the Practitioners by providing a tool to update your profile information. Dorays reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Dorays takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Dorays’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Dorays may modify or delete parts of your profile information at its sole discretion with or without notice to you.
D.3 INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Dorays.
D.4 DORAYS REACH RIGHTS
Dorays reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Dorays will not be liable for the accuracy of information or the claims made in the Sponsored ads. Dorays does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Dorays will not be liable for the services of the providers of the Sponsored ads.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Dorays accepts no liability for the same.
D.5 BOOK APPOINTMENT
D.5.1 Practitioner understands that, Dorays shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Dorays.
D.6 PRACTITIONER UNDERTAKING
The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
E. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
E.1 As mandated by Regulation 3(2) of the IG Rules, Dorays hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which the User does not have any right to;
i. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
ii. harm minors in any way;
iii. infringes any patent, trademark, copyright or other proprietary rights;
iv. violates any law for the time being in force;
v. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vi. impersonate another person;
vii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
viii. 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
E.2 Users are also prohibited from:
. violating or attempting to violate the integrity or security of the Website or any Dorays Content;
i. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Dorays;
ii. intentionally submitting on the Website any incomplete, false or inaccurate information;;
iii. making any unsolicited communications to other Users;
iv. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
v. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;;
vi. copying or duplicating in any manner any of the Dorays Content or other information available from the Website;;
vii. framing or hot linking or deep linking any Dorays Content.;
viii. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
E.3 Dorays, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Dorays shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
E.5 Dorays may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Dorays 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 Dorays as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Dorays or any person on its behalf and the User or where the User has consented to data transfer.
Dorays respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
F.1 Dorays reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
Such User breaches any terms and conditions of the Agreement;
i. A third party reports violation of any of its right as a result of your use of the Services; ii. Dorays is unable to verify or authenticate any information provide to Dorays by a User; iii. Dorays has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or iv. Dorays believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Dorays or are contrary to the interests of the Website.
F.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
Dorays may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
H.1 You agree that this Agreement and any contractual obligation between Dorays and User will be governed by the laws of India.
H.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Dorays. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Jaipur. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
H.3 Subject to the above Clause 9.2, the courts at Jaipur shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
I.1 If a User has any questions concerning Dorays, the Website, this Agreement, the Services, or anything related to any of the foregoing, Dorays customer support can be reached at the following email address: support@Dorays.com or via the contact information available from the following hyperlink: https://dorays.com/contact-us.
I.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Name: Mr Ranjeet Singh
Dorays Technologies Pvt Ltd
We Work A7 pratap nagar ext.