Terms Of Use

 

Overview

DocOasis is an online medical consultation platform where you get medical information tailored to your specific needs or condition. The information is provided only within specialities of Stroke Medicine, Geriatric Medicine, Neurological Diseases in the Elderly and General Medicine. The opinion is provided by medical experts holding specialist qualification in these specialities either by online query or by video consultation.

When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to DocOasis that owns and operates the Platform.

DocOasis offers this website, including all information, services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, privacy policies stated here.

By visiting the site and/or using the services, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or services added to the website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Scope of the Services & Independence of Medical Experts

This website is not to be used for treatment of medical conditions. It is the sole purpose of this website to provide medical information tailored to your condition. The website does not intend to treat any medical condition or medical emergency. The website will never prescribe any medicine or intervention for treatment. The treatment of your medical condition remains the responsibility of your treating physician. This website does not constitute a doctor patient relationship between you and the medical experts providing opinion on this website. You must have a primary treating physician who is responsible for your medical care and you must have been seen by a doctor physically who has examined you.

The information provided in this website is entirely dependent on the appropriateness and accuracy of the physical examination findings of your treating clinician and investigation results provided by you. The service will not be responsible if any of these examinations and investigations provided by you are found to be inaccurate.

The website is not to be used to treat medical emergencies or any medical condition that needs immediate medical attention. The service provided through this website doesn’t replace your relationship with your primary physician and should be your first point of contact if your health needs immediate attention.

Also, the site is not to be used to Advise or solve legal, medical or financial issues outside the scope of what has been agreed or provided.

By using the services, you agree to provide more information if the consultant thinks the given information is inadequate and may request you for more information.

There might be cases where the Medical expert feels he is unable to provide information without more information either from a physical examination or further investigations. He may refuse to provide any medical advice to you in such case and will advise you of this. Under such circumstances please contact us at [email protected]

In cases where there is a difference in opinion between the DocOasis Consultant and your own physician doctor, it will be entirely your responsibility to take the decision for the next step.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall DocOasis, our directors, officers, employees, affiliates, interns, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

Your Account, representations, conduct and commitments 

You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information, so it will continue to be accurate, current and complete.

You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.

You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.

You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorised by you or not, and you agree to indemnify us for any such damage or loss.

You agree and commit not to use the account or Account Access of any other person for any reason.

You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.

You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.

You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the consultants and us.

If you receive any file from us or from a Consultant, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.

You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Consultation Services) which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.

You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.

You agree to pay all fees and charges associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Account information.

If you have any concerns about a bill or a payment, please contact us immediately by sending an email to [email protected]. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, and issue partial or full refunds when applicable.

From time to time we reserve the right to monitor your use on the platform and at any instances we suspect any unauthorized use or misuse of the platform and/or services we reserve the right to delete your account and destroy all communications and materials posted or uploaded to the DocOasis.

  

Online Service Terms

By agreeing to these Terms of Service, you represent that you are over 18 years of age.

You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

External Links

Certain content may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any of the services offered by these third-parties.

We are not liable for any harm or damages related to the purchase of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

Geographical Restrictions

The consultation service provided by the Doctor either through Online Query or Video Consultation is not available for patients in UK. However, expats in UK can use this consultation service for patients/relatives settled outside UK. For example, if you are in UK and your relatives are in India, you can certainly use this service to consult patient’s cases in India.

 

DocOasis Rights  

We reserve the right, but are not obligated, to limit the availability of our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit or prohibit consultations that, in our sole judgment, appear to be suspicious. Under such circumstances we may attempt to notify you by contacting the email provided at the time the account was created.

  

Electronic Transactions

By requesting a consultation service using DocOasis you agree to pay all the fees depending on the type of consultations you have opted for and provide the correct credentials. Providing your payment credentials implies DocOasis is authorized to invoice you for the service you have opted for without providing additional notice.

DocOasis reserves the right to modify or implement new pricing structure as and when needed without giving you any notice. If you have already paid for the paid and waiting for your consultation service, you will receive the service at the initial paid cost. However, if you want to avail the service for the second time, you have to avail it using the new paid structure.

Terminations

As a user, you may wish not to avail our services further by contacting us via [email protected].

DocOasis reserves the right to terminate your use on the platform at any time and for any reason. DocOasis reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the site pursuant to its internal record retention and/or content destruction policies. After such termination, DocOasis will have no further obligation to provide the medical information reads.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

Modifications to The Services, Terms of Services, Payments

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

Indemnification

You agree to indemnify, defend and hold harmless DocOasis and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

Disclaimers

YOU EXPRESSLY AGREE THAT USE OF THE SITE OR THE PLATFORM IS AT YOUR SOLE RISK. THE SITE, THE PLATFORM AND THE MEDICAL INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.

 Without limiting the foregoing, DocOasis and its affiliates make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the DocOasis products and services provided hereunder. DocOasis makes no representations or warranties about the satisfaction of government regulations.

DocOasis will take all necessary precautions to protect itself against failure of our hardware and our software. The Consumer acknowledges and agrees that temporary interruptions in service may occur, and that DocOasis shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. DocOasis makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. The Consumer acknowledges and agrees that in the event of failure, restoration of service may take several days.

 

Medical Disclaimers: DocOasis doesn’t guarantee that a video/online query consultation is the best course of accessing advice or indeed the appropriate course of treatment for your particular healthcare concern or medical issue.

You should always seek the advice of a doctor or other qualified healthcare provider regarding any medical concerns (and before starting, stopping or modifying any treatment or medication) even if you have already obtained medical information via or read relevant material on the Platform. In an emergency, you should contact your nearest emergency services centre immediately.

This website and platform do not intend at any point to treat you or a patient under any circumstances and will not prescribe or advise medical interventions or medicines at any point. The platform should be solely used for and intends only to provide specific medical information tailored to your needs.

The use of services through this platform or website including but not limited to online or video consultation does not constitute a doctor patient relationship between you and the platform or website, or between you and any medical expert providing medical information through this website or platform. You must have a treating physician with whom you have a doctor patient relationship and the primary and sole responsibility of your medical care remains with your treating physician.

 

Content Disclaimers: Any information on our platform or in any communications from us (other than information provided by a medical expert during an appointment) is for general educational and informational purposes only. Information provided by a medical expert during online or video consultation is to be considered as medical information specific to your condition or needs and do not constitute a medical advice and is not intended to amount to advice on which you should rely.  Such information should not be relied upon as a substitute for seeking appropriate individual medical advice or services.

Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Platform is accurate, complete or up to date.  We accept no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon such information.

 

General Disclaimers: We make no warranty that the Platform or the Services will meet your requirements or that the Services will be uninterrupted, 100% secure or error-free, or that defects, if any, will be corrected. We are not responsible for transmission errors or any corruption or compromise of data carried over local or interchange telecommunication carriers.

We will take all reasonable precautions to protect against failure of our equipment and software and will perform regular back-ups of all data stored. You acknowledge and accept that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Platform and/or the Services, in which circumstances any booked Appointments shall be deemed a Disrupted Appointment.

We do not guarantee that the Platform will be secure or free from bugs or viruses. You are responsible for configuring your Devices in order to access the Platform. You should use your own virus protection software.

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED VIA THE PLATFORM OR SERVICES.

WE DO NOT INTEND TO PRESCRIBE DRUG PRODUCTS THROUGH THIS WEBSITE OR PLATFORM.

We do not endorse the promotions, products or services of any third parties, nor do we warrant or validate the accuracy of any third-party advertisements, promotions, communications or other materials. We do not assume any responsibility or liability for the accuracy of information contained on any third-party web site 

 

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Subscribe to our Newsletter