Terms of Use

• General

• Eligibility

• Additional Terms and Guidelines

• Data Privacy

• Modifications

• Account Registration and Use

• Doctor 24By7 is a Marketplace Provider

• Rules and Prohibitions

• User Content

• License to Use the Platform

• Ownership and Proprietary Rights

• Sessions

• Expertise Availability & Expertise Quality

• Payments on the Platform

• Expertise Eligibility and Rules

• Modifications and Termination of Accounts or the Platform

• DMCA Notice

• Third-Party Links & Resources

• Disclaimers; No Warranties

• Limitation of Liability

• Data integrity and correction

• Indemnification

• Arbitration & Class Action Waiver

• General

• No Guarantee

• Apple iOS

• Google App.

 

General

• Welcome to the Doctor 24By7 mobile application. ("Doctor 24By7," "we," "us," or "our"). We connect individuals who want to get healthcare consultations ("patient") with a professional who can help them consult ("doctor") via real-time video chat consulting sessions ("healthcare consultation"). This user agreement (the "Agreement") applies to patients and doctors, and in case patients are minors/children under the age of 13, their parents or legal guardians (collectively, "users," "you," or "your"), should need to appear through our mobile application Doctor 24By7 (the "apps," together with sites, "the platform").

• Please read this agreement carefully. This agreement provides that almost covering all disputes between you and Doctor 24By7 that are subject to binding arbitration, contains a waiver of class, collective action rights, and any right to a jury trial as detailed in the arbitration and class action waiver sections below. By signing this agreement, you give up your right to sue in court, have your claims heard by a jury, and be part of a class or collective action to settle these disputes, as that section explains in more detail.

• Please review this agreement in its entirety. By accessing the platform or registering for a user account, you acknowledge that you have read, understood, and agree to be bound by this agreement, including, as applicable, the arbitration, class action provisions, and video recording provisions, and that you are binding yourself, your heirs, assigns, and successors to this agreement. If you agree to this agreement on behalf of an organization or entity, you represent and warrant that you have the authority to agree to this agreement on behalf of that organization or entity and bind them to it. In that case, the words "you" and "your" in this agreement refer to that organization or entity, except for this sentence.

• If you do not agree to all these terms and conditions of this agreement, you may not access or use the platform.

 

Eligibility

• You may use the platform only if you can form a binding contract with Doctor 24By7, only in compliance with this agreement and all applicable local, state, national, and international laws, rules, and regulations.

• If you are a patient, you represent that you are over the age of sixteen (16) years in all jurisdictions (the "minimum age") and if you are a patient over the minimum age but under the legal age of majority, you may not use the platform unless your parent or legal guardian has provided Doctor 24By7 verifiable consent and agreed to this agreement.

• If you are a doctor, you should represent that you are over the age of 18.

• If Doctor 24By7 has previously prohibited you from accessing or using the platform, you are not permitted to access or use the platform again.

 

Additional terms and guidelines

• The doctor's addendum, which is referenced here, applies to doctors when they access, register for, or use the platform in any other way.

• When using the platform, you are subject to any additional posted guidelines or rules applicable to specific services, offers, and features (the "guidelines"). All such guidelines are incorporated by reference into this agreement.

 

Data Privacy

• Privacy policy. Doctor 24By7 privacy policy is incorporated into this agreement. Please read this notice carefully to find out how your personal information will be collected, used, and shared.

 

Modifications

• Doctor 24By7 may make modifications to this agreement ("changes") at any time. Except as explicitly provided in this agreement, such changes will be effective for existing users after Doctor 24By7 provides notice of the changes, either through the platform user interface or sent to the e-mail address associated with your user account; and when you opt-in or otherwise expressly agree to the changes or a version of this agreement incorporating the changes. Doctor 24By7 can end this agreement and your use of the platform if you tell them in writing that you don't agree with a proposed change or if you don't agree to a proposed change.

 

Account registration and use

• Client registration. The platform allows clients to request and engage in a video chat session to consult with doctors on their health care needs, too, in the language of their choice (a "session"). To access a session, you must register and create an account through the platform. Registration may require you to: (i) enter your mobile number as the user id for signing up; (ii) enter the OTP received; (iii)enter the app by agreeing to the terms & conditions.

• Doctor's registration. To use the platform and offer professional consultation to patients, doctors must register and create an account through the app or the site. As part of the registration process, we may require a doctor to (i) enter their mobile number as the user id for signing up; (ii) enter the OTP received, and (iii)enter the app, and by agreeing to the terms & conditions.

• Doctor 24By7 doesn't have access to doctor or patient payment card information because we use a third-party payment processor to receive and process payments.

• Doctor 24By7 doesn't have access to doctor or patient payment card information because we use a third-party payment processor to receive and process payments.

• Registration accuracy. You agree that the information you provide, at all times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept confidential, accurate, and up-to-date at all times.

 

Doctor 24By7 is a marketplace provider

• You understand that Doctor 24By7 is not in the business of providing professional consultation. Doctor 24By7 provides an online platform that connects doctors with patients.

• Doctors are independent contractors. You acknowledge that doctors are independent contractors running their businesses who use the platform to offer and provide consultation to patients. Doctor 24By7 is not an employer of, or joint employer or integrated or single enterprise with any doctor. You acknowledge and agree that Doctor 24By7 has no responsibility for, control over, or involvement in the scope, nature, quality, character, timing or location of any work or services performed by doctors, including any work or services that any individual affiliated with the expertise may provide, either as an employee, independent contractor or otherwise. Patients further represent, acknowledge, and warrant that they will always treat doctors as independent contractors throughout the term and will take no action that is inconsistent with such classification. Doctor 24By7 is under no obligation to ensure any session is completed to the patient’s satisfaction

 

Rules and prohibitions

You may not:

• Access or use the platform for any illegal or prohibited purpose as defined in this agreement;

• Use the platform in any way that, in our sole judgment, could hurt, disable, overburden, slow it down, or get in the way of someone else using the platform;

• Intentionally mess with or hurt the way the platform works or how users enjoy it, including uploading viruses, worms, or other malicious code or spreading them in other ways.

• Remove, disable, damage, or mess with any of the platform's security features, features that stop or limit the use or copying of any content available through the platform, or features that limit how the platform can be used.

• Through hacking, password mining, or other means, attempt to gain unauthorized access to the platform or any of its components; interfere with or try to interfere with how the platform works or any activities that happen on it;

• Obtain or attempt to obtain any materials or information not expressly made available through the platform

• You can't use a robot, spider, scraper, or other automated tool to access the platform for any reason without our written permission. You also can't get around our robot exclusion headers or other measures we may use to stop or limit access to the platform.

• Utilize any trademark, logo, or other Doctor 24By7 materials without our express written consent, including through framing techniques or in meta tags of "hidden text"

• Modify the platform in any manner or form, or use modified versions of the platform, including (without limitation) for obtaining unauthorized access to the platform

• Create more than one account; use another person’s account without authorization; impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the platform

• Infringe on any third party's copyrights, trade secrets, or other rights, including privacy and publicity rights

• Spam anyone

• Post ads or try to get people to buy things without the doctor's written permission 24 hours a day, seven days a week

• Participate in or post content that is defamatory, abusive, threatening, harassing, hateful, obscene, offensive, or humiliating to others (publicly or privately), or that violates any law or right of Doctor 24By7 or any third party

• Share other people's private or personally identifiable information without their express authorization and permission, or attempt to indirectly undertake any of the foregoing

• ⦁ If you are a client, you further agree to only engage in sessions for the sole purpose of professional consultation. If you are a doctor, you also agree that the only reason you will meet with a patient is to talk about their health.

 

User content

• We may allow you to submit, post, upload, publish, submit, transfer, link, display, text, graphics, photographs, audio, video, postings, reviews, designs, inventions, or other materials on the platform ("user content") that may or may not be viewable by other users. You retain all intellectual property rights in the user content you post on the platform

• You grant Doctor 24By7 a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense) to use, copy, reproduce, adapt, modify, publish, transmit, display, distribute, and otherwise exploit such user content in any format or medium now known or developed in the future for Doctor 24By7 business purposes or as required by law or legal process by posting user content on or through the platform. To be clear, the license granted to Doctor 24By7 will survive the termination of the platform or your account. Regardless of the license granted to Doctor 24By7 in user content, and for the avoidance of doubt, our use and retention of your personal data, including any contained in user content, shall be governed by and comply with Doctor 24By7 privacy policy. You represent, warrant, and agree that you have the necessary rights to grant us the license described in this section for any user content that you post. You agree that this license gives other users who are allowed to access your user content (for example, experts or clients) the right to use your user content as part of their participation in the platform and as allowed by the platform's features.

• You will be solely responsible for your own user content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your user content. You understand that Doctor 24By7 does not control, and is not responsible for, user content and that by using the platform, you may be exposed to user content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. To report any inappropriate activity, please e-mail Doctor 24By7 at help@doctor24by7.com. Please also keep in mind that user content may have typos or other mistakes that were made by accident.

• If you post any user content that violates this agreement or that we consider objectionable for any reason, Doctor 24By7 reserves the right, in its sole discretion, to remove or disable access to any user content from the platform, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law. You agree that Doctor 24By7 reserves the right to monitor user content (but does not assume the obligation), and you understand it remains your sole responsibility to monitor your user content and ensure that your user content is accurate and consistent with your representations and warranties in this agreement.

• Doctor 24By7 reserves the right to access, read, preserve, and disclose any information we reasonably believe is necessary to (i) comply with any applicable law, regulation, legal process, or governmental request; (ii) enforce this agreement, including the investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; or (v) protect doctor's rights, property, or safety.

 

License to Use the Platform

• Subject to your compliance with the terms of this agreement, Doctor 24By7 grants you a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to access and use the Platform as it is provided to you by Doctor 24By7 solely for your personal, non-commercial use and only in connection with your access to and participation in the Platform, and only in a manner that complies with all legal requirements that apply to you or your use of the Platform, including those relating to data security and data privacy, such as those specified in the Doctor 24By7 Privacy Policy. Doctor 24By7 may revoke this licenses at any time, at its sole discretion. When this happens, you must destroy all materials you downloaded or got in any other way from the platform, as well as all copies of those materials, whether they were made according to this agreement or not.

• Except as expressly permitted in this Agreement, you will not use, copy, adapt, modify, create derivative works based on, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the platform or content available therein. The platform and its content are provided to you "AS IS." If you download or print a copy of any content available on the platform for personal use, you must retain all copyright and other proprietary notices contained thereon. By implication or otherwise, no licence or rights are granted to you under any intellectual property rights owned or controlled by Doctor 24By7 or its licensors, except licenses and rights expressly granted in this Agreement.

 

Ownership and Proprietary Rights

• Subject to your compliance with the terms of this agreement, Doctor 24By7 grants you a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to access and use the Platform as it is provided to you by Doctor 24By7 solely for your personal, non-commercial use and only in connection with your access to and participation in the Platform, and only in a manner that complies with all legal requirements that apply to you or your use of the Platform, including those relating to data security and data privacy, such as those specified in the Doctor 24By7 Privacy Policy. Doctor 24By7 may revoke this licenses at any time, at its sole discretion. When this happens, you must destroy all materials you downloaded or got in any other way from the platform, as well as all copies of those materials, whether they were made according to this agreement or not.

• Except as expressly permitted in this Agreement, you will not use, copy, adapt, modify, create derivative works based on, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the platform or content available therein. The platform and its content are provided to you "AS IS." If you download or print a copy of any content available on the platform for personal use, you must retain all copyright and other proprietary notices contained thereon. By implication or otherwise, no licence or rights are granted to you under any intellectual property rights owned or controlled by Doctor 24By7 or its licensors, except licenses and rights expressly granted in this Agreement.

 

Sessions

• Hardware and software. Engaging in a session requires compatible hardware and may require the download and installation of specified software. You are solely responsible for acquiring and installing any such hardware and software and for determining compatibility with your system, and you hereby assume all risk and liability associated with such hardware and software. You agree that it is your job to read all license agreements and other terms and conditions that apply to the software you use with Sessions and the Platform in general and to follow them.

• Restrictions on Use. You agree to only participate in Sessions for personal, noncommercial purposes and not to record, copy, redistribute, broadcast, publicly perform, or publicly display any such session, except as expressly permitted by this Agreement.

• Session Recordings. Sessions may be recorded or monitored. You hereby consent to: (i) the monitoring or recording of any Session you participate in, including your likeness therein; (ii) Doctor 24By7 copying and using such recordings for purposes of providing the Services, including without limitation expert evaluation, expert training, dispute resolution, and improving the Platform; (iii) such recordings being made available to the other party to the Session, including the Client or parents of a Client; and (iv) such recordings being made available to the Client or parents You hereby waive any publicity, privacy, or other rights under applicable law that could be used to prevent Doctor 24By7 from using Session recordings for the limited purposes set out in this subsection or as you otherwise agree (including for expertise, in the Expertise Addendum), and hereby grant a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable licence under any intellectual property rights. Even so, our Privacy Policy tells you that you may have some choices about how you can access session recordings or how long we keep them.

 

Expertise Availability and Quality

• Doctor's Availability. Sessions are subject to Doctor's availability, and Doctor 24By7 does not guarantee that any (or any) doctor will be available at any given time.

• Doctor's Quality. You acknowledge that Doctor 24By7 has no duty to verify any stated credentials, or experience of any doctor, and Doctor 24By7 does not conduct any screening of Doctors other than as expressly outlined in this section. If you wish to submit a complaint regarding any Doctor, please contact Doctor 24By7 at help@Doctor24By7.com. Users are responsible for their communications or other interactions with other users on or through the platform. Doctor 24By7 reserves the right but has no obligation, to monitor disagreements between users, including between patients and Doctors.

 

Payments on the Platform

• Patients pay for doctor consultations by the slot or through a payment plan as described by the doctor. Payment will occur through a third-party payment system (e.g., Stripe ). All payment terms and conditions are governed by your applicable agreements with the third-party payment system, as applicable. Fees displayed to you are exclusive of any taxes that may be due in connection with such fees, and you agree to pay any such taxes that may be due, other than taxes based on Doctor 24By7 net income. You also agree to pay Doctor 24By7 any costs and expenses, such as reasonable attorney's fees, that Doctor 24By7 has to pay to get any fees due under this agreement.

• Payment Plans. We may provide doctors with an option to sign up for a payment plan in which a designated amount will be charged to the doctor's account on an annual (or as otherwise designated) basis (a "Payment Plan"). By signing up for a payment plan, and after doctors provide us with their payment account information, they can sign up for an auto-renewing subscription requiring recurring payments and agree to pay the amount designated for their payment plan continuously. If doctors sign up for a payment plan, they will be charged the first recurring payment on the date of the registration for the payment plan, and they will then be charged regularly until you cancel the payment plan, or we terminate it. Their account will include information on the payment date of their payment plan. In some cases, their payment date may change, for example, if their payment method has not been successfully settled or if their payment plan began on a day not contained in each month. If payment doesn't go through because your card has expired, you don't have enough money in it, or for some other reason, and you don't close your account, we may suspend your access to the platform until we can charge a valid payment method.

• A doctor may cancel a payment plan at any time in your account settings. They must cancel a payment plan before it renews to avoid billing for the next installment under your payment plan.

• If you have been mistakenly charged for sessions you did not purchase, you may request a refund. Refund requests will be evaluated by the third-party payment system or Doctor 24By7. If you feel you have been charged in error, please contact Doctor 24By7 at help@Doctor24By7.com. Doctor 24By7 must get a request for a refund within thirty (30) days of the charge to investigate it.

• If you pay doctors through booked sessions, you will be charged per slot of the session as each minute is used. If you run out of purchased minutes before a Session ends, the Session will terminate, and you will be prompted to purchase more slots.

• Mobile Services. Use of the Apps may require the usage of data services provided by your wireless service carrier. You acknowledge and agree that you are solely responsible for data usage fees and any other fees that your wireless service carrier may charge in connection with your use of the Apps.

 

Doctors' Eligibility and Rules

• In addition to the other rules and bans in this agreement, the following terms apply to doctors.

• Prospective doctors may apply to Doctor 24By7 to offer their medical consultations through the platform. Doctor 24By7 has the right to ask for information to decide if you are eligible for medical consultation, and Doctor 24By7 has the right to accept or reject your request for any reason or no reason.

• Services To Be Performed. If you are accepted as a doctor on the platform, you will be able to talk to patients and give them professional advice through the platform.

• You agree to do your best in your professional consultation and to work with the Doctor 24By7 staff. You also agree not to get in the way of Doctor 24By7's business and to follow all of Doctor 24By7's rules, regulations, and security requirements when it comes to keeping people and property safe.

 

Modifications and Termination of account or the Platform

• At any time and without notice, Doctor 24By7 reserves the right to change or discontinue any of the media, products, or services available on the platform. The media, products, or services on the platform may be out of date, and Doctor 24By7 makes no commitment does not commit to update these materials on the platform. We reserve the right to change or discontinue access to the platform at any time and without notice, and you agree that if we do, Doctor24By7 will not be liable to you or anyone else.

• We may, at our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate, or cancel your account in whole or in part. If we exercise our discretion under this agreement to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your account will be deactivated or suspended, and you will not be able to access the Platform or your User Content, or receive assistance from Doctor 24By7 support teams; and (b) if appropriate in our sole discretion, we may communicate to other users that your account has been terminated, blocked, suspended, deactivated, or canceled, and why this action has been taken. You may terminate your account and/or cancel your use of the platform at any time by emailing help@Doctor24By7.com. Please note that if your account is canceled, we do not have an obligation to delete or return to you any User Content you have posted to the platform, unless otherwise required under applicable law. If we terminate the account of a doctor, the applicable doctor shall be entitled to payment for any professional consultation performed by the benefactor prior to the effective date of termination, payable within sixty (60) days of termination. This payment shall constitute full settlement of all expert witness claims made against Doctor 24By7.

 

DMCA Notice

• It is Doctor 24By7 policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Platform, please notify Doctor 24By7 copyright agent as outlined in the DMCA. Under the DMCA, you must write down the following information:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner.

• Identification of the copyrighted work that you claim has been infringed.

• Identification of the material that is claimed to be infringing and where it is located on the platform.

• Information reasonably sufficient to permit Doctor 24By7 to contact you, such as your address, telephone number, and email address.

• A statement that you have a good faith belief that the copyright owner, its agent, or the law does not allow the material to be used in the way that is being complained about.

• Under penalty of perjury, a statement that the above information is true and that you own the copyright or have permission to act on behalf of the owner.

• The above information must be submitted to the following DMCA Agent:

• By the DMCA and other applicable laws, Doctor 24By7 has adopted a policy of, in appropriate circumstances and at Doctor 24By7's sole discretion, terminating the accounts or access of users who are deemed to be infringes or repeat infringes.

 

Third-Party Links & Resources

• The Platform may contain information and content provided by third parties and may contain links to third-party websites and other resources that are not owned or controlled by Doctor 24By7. Doctor 24By7 is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for such external sites or resources. These links and resources do not imply any endorsement by Doctor 24By7, and Doctor 24By7 does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or resource from the Platform, you do so at your own risk, and you understand that this Agreement and Doctor 24By7 Privacy Policy do not apply to your use of such links. Doctor 24By7 expressly disclaims all liability arising from your use of any third-party website, service, or content. You acknowledge and agree that Doctor 24By7 is not responsible or liable for any of the following: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.

 

Disclaimers; no warranties

• The platform and any third-party, media, software, services, or applications made available in conjunction with or through the platform are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applauder Doctor 24By7, and its suppliers, licensors, and partners, disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchant ability, fitness for a particular purpose, and non-infringement of proprietary rights.

• Doctor 24By7 and its suppliers, licensors, and partners do not guarantee that the platform's features will work without interruption or errors, that problems will be fixed, or that the platform, site, app, or servers that make them available are free of viruses or other harmful components.

• Doctor 24By7, and its suppliers, licensors, and partners, do not warrant or make any representations regarding the use or the results of the use of the platform in terms of correctness, accuracy, reliability, or otherwise. You (and not Doctor 24By7 or its suppliers, licensors, or partners) assume the entire cost of any necessary servicing, repair, or correction. You understand and agree that you download, or otherwise obtain media, material, or other data through the use of the platform at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from such material or data.

• Certain state laws or countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

 

Limitation of Liability

• Under no circumstances, including but not limited to negligence, shall Doctor 24By7 or any of its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable to you for any special, indirect, incidental, consequential, or exemplary damages resulting from your use of or inability to use the Doctor 24By7 materials on the platform or the platform itself, or any other interactions with Doctor 24By7, even if Doctor 24By7 or applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In these situations, Doctor 24By7's responsibility will be limited to what the law allows.

• In no event shall Doctor 24By7 or its affiliates, contractors, employees, agents, or third-party partners or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the platform (whether in contract, tort, warranty, or otherwise) exceed the greater of: (a) the total amounts you have paid to Doctor 24By7 (or are payable to you by Doctor 24By7) hereunder during the six (6) months preceding the date of the claim.

• These limits apply to any damages you get from products or services sold or given to you by third parties other than Doctor24By7 and received through or advertised on the platform, or through any links on the platform.

 

Indemnification

• Comments or questions sent to us using e-mail or secure messaging forms will be shared with TRAKTION staff and health care professionals who are most able to address your concerns. We will archive your messages once we have made our best effort to provide you with a complete and satisfactory response. When you use a service on the secure section of this application or interact directly with TRAKTION personnel/professionals, some information you provide may be documented in your medical record and will be available for use as a future guide for your treatment as a patient.

 

Data Integrity & Correction

• You agree to protect Doctor 24By7, its affiliated companies, and its suppliers, licensors, and partners from any claims, losses, damages, or liabilities, including attorney's fees, that come from your use or misuse of the Platform, violation of the rights of any other person or entity, or breach of this Agreement.

• Doctors shall further be solely liable for, and shall indemnify, defend, and hold harmless Doctor 24By7 and its successors and assigns from and against any claim or liability of any kind (including penalties, fees, or charges) resulting from a doctor’s failure to pay the taxes, penalties, and payments due under this Agreement, including the Expertise Addendum. Doctors shall also indemnify, defend, and hold harmless Doctor 24By7 and its successors or damage resulting from any misrepresentation or non-fulfillment of any representation, responsibility, covenant, or agreement on their part, as well as proceedings, demands, assessments, penalties, and judgments of or against Doctor 24By7 relating to or arising out of doctors' activities.

• ⦁ Doctor 24By7 reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.

 

Arbitration and Class Action Waiver

• Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

• Subject to restrictions and prohibitions in applicable law, you and Doctor 24By7 mutually agree to resolve any covered justiciable disputes between you exclusively through final and binding arbitration instead of a court or jury trial. Unless this Arbitration and Class Action Waiver Section says otherwise, this arbitration agreement says that any claims you or Doctor 24By7 have against each other or any of their:

• officers, directors, employees, subcontractors, or agents in their official capacity or otherwise, direct or indirect parents and subsidiaries, and affiliates, agents, successors, or assigns, can all enforce this arbitration agreement as direct or third-party beneficiaries.

• Initial Dispute Resolution: Most disputes can be resolved without resorting to litigation. You can reach Doctor 24By7's support department at help@Doctor24By7.com. Except for intellectual property and small claims court claims, the parties agree to do their best to settle any dispute, claim, question, or disagreement directly through consultation with the Doctor 24By7 support department. Good faith negotiations shall be a condition before either party can start a lawsuit or arbitration.

• Class and collective action waivers. You and Doctor 24By7 mutually agree that by entering into this arbitration agreement to arbitrate, they both waive their right to have any covered dispute or claim brought, heard,treated as a class action and/or collective action, and the arbitrator will not have any authority to hear or arbitrate any class and/or collective claim ("Class Action Waiver"). Notwithstanding any other clause contained in this arbitration agreement or the AAA Rules, as defined below, any claim that all or part of this class action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver will be severable from this arbitration agreement in any case in which (1) the dispute is filed as a class and/or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void, or voidable. In such a case, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration

• Unless (1) applicable law requires otherwise, as determined by the arbitrator, or (2) the parties otherwise agree, the parties agree to split all of the arbitrator's fees and costs equally. Each party will pay for its costs and attorneys’ fee attorney's if any. However, if any party prevails on a claim that affords the prevailing party attorneys’ fees, the Arbitrator may award reasonable fees to the prevailing party as provided by law. If the law (including the common law) of the jurisdiction in which the arbitration is held requires a different allocation of arbitral fees and costs for this arbitration agreement to be enforceable, then such law will be followed, and any disputes in that regard will be resolved by the Arbitrator.

• The Arbitrator is authorized to issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes. • Except as otherwise provided in the Class Action Waiver, the Arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law for the claims presented in arbitration, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration.The Arbitrator shall apply the state or federal substantive law, or both, as is applicable.

• The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions.

• The Arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law. A judgment may be entered on the arbitrator’s decision or award in any court having jurisdiction. The AAA Rules referenced herein may be found at www.adr.org or by searching for "AAA Commercial Arbitration Rules" using a service such as www.Google.com or www.Bing.com.

• 30-Day Right to Opt Out. Unless you have previously agreed to an arbitration and class action waiver provision for disputes with Doctor 24By7, you have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending an email with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPTOUT." If you do not send the notice within thirty (30) days of your first use of the Platform or the effective date of the first Agreement containing an Arbitration and Class Action Waiver section, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt-out of these arbitration provisions, Doctor 24By7 also will not be bound by them.

• Changes to This Section. Doctor 24By7 will provide thirty (30) days' notice of any changes affecting the substance of this section by posting on the platform, sending you a message, or otherwise notifying you when you are logged into your account. Amendments affecting the substance of this section will become effective thirty (30) days after they are posted on the platform or sent to you. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled "Arbitration and Class Action Waiver," and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Platform

• This arbitration agreement survives after the termination of this Agreement and/or after you cease any relationship with Doctor 24By7.

 

General

• TRAKTION may disclose personal information to any person performing audit, legal, operational, or other services for us. We will do these things as much as possible with information that doesn't let us know who the person is.

• We may disclose personal information when required to do so by a subpoena, court order, or search warrant. We may disclose personal information as we deem it appropriate to protect the safety of an individual, for an investigation related to public safety, or to report an activity that appears to be in violation of the law. We may share personal information to make sure this service is safe and reliable and to protect ourselves from liability.

 

No Guarantee

• Under this agreement, you consent to receive communications from Doctor 24By7 electronically. By e-mail or by posting notices on the sites or Apps. You agree that all agreements, notices, disclosures, and other communications that Doctor 24By7 provides to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise stated in this contract, all notices and communications to Doctor 24By7 must be in writing and delivered (i) in person; (ii) by certified or registered mail with postage already paid.

• Any action brought under this agreement shall be conducted in the English language. If you are located in other countries, the following clause applies: The parties confirm in this document that they asked for this agreement to be written in English.

• Complete the agreement. This Agreement (including the Expertise Addendum for Expertise) contains the entire understanding between the parties and supersedes, replaces and takes precedence over any prior understanding or oral or written agreement between the parties respecting the subject matter of this Agreement. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties relating to the subject matter of this agreement that are not fully expressed herein.

• If any provision of this Agreement is found to be invalid, it shall not invalidate or otherwise affect any other term or terms of this Agreement, which shall remain in full force and effect.

• Transfer and assignment. This Agreement, and any rights and licences granted hereunder, may not be transferred or assigned by you but may be assigned by Doctor 24By7 without restriction. Any attempted transfer or assignment in violation of this provision is void. The terms of this Agreement bind and inure to the benefit of each party and the party’s successors and permitted assigns.

• Non-Waiver. If Doctor 24By7 doesn't use a right it has under this Agreement or waits too long to use it, that doesn't mean it's giving up that right or any other right. A waiver or consent given by Doctor 24By7 on any occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.

• The headings and other captions in this Agreement are included solely for convenience of reference and will not control the meaning and interpretation of any provision of this Agreement.

 

Apple iOS

• If you access our Platform using a mobile application that you download, access, and/or use and that runs on Apple’s iOS operating system (an "iOS App"), you acknowledge and agree that:

• The iOS App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system;

• The terms of this Agreement are between you and Doctor 24By7, and not with Apple;

• Apple has no obligation at all to provide any support or maintenance services in relation to the iOS App, and if you have any maintenance or support questions in relation to the iOS App, please contact Doctor 24By7, not Apple;

• except as otherwise expressly set forth in this Agreement, any claims relating to the possession or use of the iOS App are between you and Doctor 24By7 (and not between you, or anyone else, and Apple);

• In the event that a third party claims that your possession or use of the iOS App (in accordance with this Agreement) infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and while this Agreement is entered into between you and Doctor 24By7 (rather than Apple), Apple, as a third-party beneficiary under this Agreement, will have the right to enforce these terms against you.

• In addition, you represent and warrant that: you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country;

• you are not listed on any United States Government list of prohibited or restricted parties

• if the iOS App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the iOS App (if any) to you.

• Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or another term in relation to the iOS App and will not be liable to you for any claims, losses, costs, or expenses of whatever nature in relation to the iOS App or as a result of you or anyone else using the iOS App or relying on any of its content.

 

Google App

• If you access our Platform on a mobile application that you download, access, and/or use from the Google Play Store ("Google-Sourced Software"): (i) you acknowledge that this Agreement is between you and Doctor 24By7 only, and not with Google, Inc. ("Google"); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Doctor 24By7, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software; and (vi) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to Doctor 24By7 Google-Sourced Software.

   

  Your Mandatory Declaration for Online Medical Practice

  I tick here to agree with the following statement.*

  I hereby declare the authenticity of my credentials and I agree to inform Doctor 24By7 about my medical registration change at any time.

• I am duly registered with the Medical Authority in the country where my clinical practice is based. I will also keep my registration status updated.

• Doctor 24By7 is only providing its proprietary medical online consultation platform. My clinical judgement or medical decision-making will remain within the domain of my professional competence. I am responsible for any implications or consequences of my online medical advice.

• I won't give you medicines that the government says you can't have; drugs that aren't good for you; or other drugs that could hurt you because they can be abused.

• During an online consultation, I will be able to tell a patient if they need to be seen in person.

• I will not share my patient's images or data with anyone without the patient’s knowledge. After each online clinic, I will log out of my account so that no one can accidentally get to patient information on my computer through a logged-in account.

• I have read and understood the above terms of Doctor 24BY7 Helpline and agree to stay compliant throughout the period I use this service.

 

Cancellation and refund policy:

• In case if patients Request for cancellation received 24hrs before the commencement of the Schedule/meeting: Full refund will be provided excluding convenience and transaction charges

• In case if patients Request for cancellation received 8hrs before the commencement of the Schedule/meeting: 50% refund from the paid amount will be provided to the patient excluding convenience and transaction charges

• In case if patients Request for cancellation received within 8hrs before the commencement of the Schedule/meeting: No refund will be done

• If the cancellation is due to the abusive nature of the User, such User shall not be eligible for any refund.

• If patients or user canceled online request order after the consultation of doctor then fee will not be refunded.

• Patients should order online consult request after satisfying with doctors details and specialty details. Refunds will not be provided if the patient/user has made a payment in any kind of vagueness.

• Doctor 24By7 shall check the details and process the refund where applicable, solely at its discretion. After a refund request is processed, the money will be refunded to the User.

• Doctor 24By7 reserves its sole discretion right for final decision on the basis of above written refund policy.

• If the patient does not show up during the appointed time, no refund will be issued.

• If the patient is looking for rescheduling the appointments then they can send their request for rescheduling to queries@doctor24by7.

• In case if doctors Request for cancellation received 8hrs before the commencement of the Schedule/meeting from the patient: No fee will be refunded to the doctor

• In case if doctors Request for cancellation received within 8hrs before the commencement of the Schedule/meeting from the patient: Doctors will receive 50% of their fee.

• If the consultation does not happen from the doctor’s side, due to any special circumstances like technical issues or for any reason, an option to request refund will be available to the patient for a period of 3 working days, but the issuance of full or part refund will be on the sole discretion of Doctor 24By7.

Note: On account of cancellation done by either Doctor or Patient, both convenience and transaction amount will never be returned. For any of your queries please reach us to queries@doctor24by7.com