Drlogy

Terms of Use for Practitioners, Practices and Healthcare Providers for the use of Drlogy Pro and the other Services provided by Drlogy Technologies Private Limited (“Drlogy”). Drlogy Technologies Private Limited is the author and publisher of the internet resource www.drlogy.com (“Website”) on the world wide web as well as the software and applications provided by Drlogy, including but not limited to the mobile application ‘Drlogy’, and the software and applications of the names ‘Drlogy Pro’ and ‘Health Account’ (together with the Website, referred to as the “Services”). Drlogy is proudly Indian owned and developed. These Terms of Service are prepared in accordance with Indian laws, but Drlogy may be used in other countries as well. This Agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This Agreement is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Subscription Services.

IMPORTANT TERMS

1. INTERPRETATION

The following terms are used regularly throughout these Terms of Subscription Services and have a particular meaning as mentioned in Terms of Use.

2. AGREEMENT

1. This Agreement governs the use of Drlogy or Drlogy Services or Drlogy Pro by each practitioner and limits the liability of the Company to any User. This Agreement has subscribers terms of use that apply to:

Practices: Medical practice, healthcare practice or other organized or incorporated body that provides healthcare services by appointment for Practitioners and includes a Practitioner where implied by context ( "Services”).

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

3. By using or otherwise accessing the services and/or by creating an account with us, you agree to the terms of this agreement, including the information practices disclosed in our privacy policy, the use restrictions in the acceptable use policy and the terms and conditions in the additional terms. Your access to use the Subscription Services will be solely at the discretion of Drlogy.

4. You also agree to resolve any dispute that you may have with us or the services in the Rajkot, Gujarat.

5. The Services may change from time to time, at the sole discretion of Drlogy 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.

6. We reserve the right to modify the Terms of Use, Privacy Policy, and Subscriber's Term at any time without giving you any prior notice. If you do not agree with this agreement, you cannot use the services.

7. Please note that we offer the Services without warranties. If you create an account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.

8. By agreeing to these terms, you also agree to the terms of use of the Service, which are available at https://drlogy.com/terms. In addition to any other express or implied consents, by using Drlogy the user accepts and agrees to the terms of:

a. This Agreement

b. The Privacy Policy

3. TERM & LIMITATIONS

1. Term: The User to access Drlogy shall be ongoing until terminated by The Company in accordance with this Agreement.

2. Limitations on Use: The Company may limit or restrict access to Drlogy from time-to-time as it sees fit, including (but not limited to):

1. Entities. The Company may restrict access only to reputable and/or registered Practices

2. Location. The Company may restrict access to Drlogy to certain jurisdictions where it is able to offer Drlogy

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

4. TERMS OF USE

1. Subscription Services. Drlogy enables Users to reffer the clause 5 in Term of Use

2. PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS BELOW, DO NOT CLICK THE "I AGREE" BOX, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE SERVICE.

3. You expressly represent and warrant that you will not use these Subscription Services if you do not understand, agree to become a party to, and abide by all of the terms and conditions specified below. Any violation of these Terms of Use may result in legal liability upon you. Nothing in these Terms of Use should be construed to confer any rights to any third party or any other person.

4. YOUR USE OF THE DRLOGY MEANS YOU ARE CONSENTING TO THIS AGREEMENT.

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

6. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:

1. The Indian Contract Act, 1872

2. The (Indian) Information Technology Act, 2000

3. The rules, regulations, guidelines, and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

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

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

9. Multiple Users are not permitted to share the same/single login.

10. If you are an employee, associate, consultant, intern or are in any way associated to the Practitioner that has subscribed to the Subscription Services and the subscribing Practitioner has authorized you, explicitly or implicitly, to use the Subscription Services, this Agreement is a three-way agreement between you, the Practitioner and Drlogy. Both the Practitioner and Drlogy may seek recourse against you for any violation of the terms of this Agreement.

11. Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their login or right to use the Subscription Services to any third party. You, the User, are solely responsible for the way anyone you have authorized to use the Subscription Services and for ensuring that all of such Users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such User shall be deemed to be a violation thereof by you.

12. These Terms of Use will also be applicable to Users who access Software features using native mobile applications published by Drlogy including but not limited to its applications for devices running on platforms such as iOS, Android, Windows, Blackberry, Tizen and any derivatives or any other platforms. Additional terms of use may be applicable to Users while accessing Software using such mobile applications.

13. You agree that any registration information you give to Drlogy will always be true, accurate, correct, complete and up to date, to the best of our knowledge. Any phone number used to register with the Subscription Services be registered in your name and you might be asked to provide supporting documents to prove the same.

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

15. You agree to use the Subscription Services only for purposes that are permitted by

(a) the Terms of Use and

(b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).

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

17. You agree that you will not engage in any activity that interferes with or disrupts the Subscription Services (or the servers and networks which are connected to the Subscription Services).

18. You agree that you will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell the Software or any other Subscription Services for any purpose whatsoever.

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

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

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

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

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

24. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any login you use to access the Software.

25. Your use of each Subscription Service confers upon you only the rights and obligations relating to such Subscription Service, and not to any other Subscription Service or service that may be provided by Drlogy. For instance, being a subscriber to Drlogy Pro does not automatically entitle you to a higher ranking on Drlogy’s Practitioner search facility.

5. USE OF SUBSCRIPTION SERVICES

1. Drlogy provides Software through its website, as a Software as a Service (SaaS) model. Drlogy is not responsible for and does not deal with any of patient managed by User through the website or native mobile applications and only provides Software to User through the website and native mobile applications. To the extent, User uses such software or downloads such software from the website, the software, will be deemed to be licensed to User by Drlogy, for providing Subscription Services to User and enabling User to use those Software only. Drlogy does not transfer either the title or the intellectual property rights to the Software and other its Subscription Services, and Drlogy (or its licensors) retain full and complete title to the Software as well as all intellectual property rights therein. User agrees to use the Subscription Services and the materials provided therein only for purposes that are permitted by:

a. This Agreement; and

b. Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. Information provided by a User to Drlogy may be used, stored or republished by Drlogy or its affiliates even after the termination of these Terms of Service.

2. Drlogy may offer at its discretion, a free trial of its Subscription Services for a specified time period. Users of the Software during the trial period are bound by the terms of this Agreement and any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions. Any data User enters into the Software, and any customizations made to the Software by or for User, during User’s free trial will be permanently lost at the expiry of the specified time period unless the User upgrades his/her/its subscription to one of the User Plans. Drlogy does not provide any warranty during the trial period.

3. Drlogy offers its Subscription Services on an as-is basis and has the sole right to modify any feature or customize them at its discretion and there shall be no obligation to honor customization requests of any User. The subscription fee hence charged is exclusive of any customization costs.

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

5. Drlogy provides, at its discretion basic support for the Subscription Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Subscription Services available 24 hours a day, 7 days a week, except for

(i) planned downtime (of which Drlogy shall give at least 8 hours’ notice to Users via the Subscription Services and which Drlogy shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Indian Standard Time (IST) Friday to 6:00 a.m. Indian Standard Time (IST) Monday), or

(ii) any unavailability caused by circumstances beyond Drlogy’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider failures or delays. Drlogy will provide the Subscription Services only in accordance with applicable laws and government regulations.

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

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

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

9. Notwithstanding anything to the contrary contained herein, Practitioner alone shall be liable for Practitioner’s dealings and interaction with patient, his/her representatives or affiliates, searching for Practitioners through the Website (the “End-User”). contacted or managed through the Software and Drlogy shall have no liability or responsibility in this regard. Drlogy does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by End-Users or any third party through the Subscription Services. The Subscription Services are not intended for and must not be used for emergency purposes such as emergency appointments, emergency healthcare procedures or any other emergency situations.

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

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

a. Promotion of new Subscription Services.

b. Analyzing software usage patterns for improving Subscription Services design and utility;

c. Analyzing anonymized patients’ information for research and development of new technologies and any other Subscription Services offerings;

12. Users can use the rectification tools provided by Drlogy or contact Drlogy immediately for rectifications. Drlogy shall bear no liability or responsibility in this regard.

13. Drlogy reserves the right to use the following types of information stored in our software:

a. Practice information;

b. Practitioner information;

c. End-Users’ demographic information as anonymized form;

d. End-Users’ information in relation to his health and history (anonymized form);

14. Drlogy automatically lists Practitioner information on its Subscription Services as per information added to a Practice using its Software. The information listed is displayed when End-Users search for Practitioners or Practices on the Drlogy, and this information listed on the Subscription Services may be used by End-Users to request for appointments. Such information on the Subscription Services may continue to appear even after the Practice removes the information from its Software or the Practice ceases to be a paying subscriber or the Practice terminates its subscription or in any other way discontinues its relationship with Drlogy. Drlogy, on its own, does not list any Personally Sensitive Information of such Practitioners. Drlogy does not provide any ranking algorithm in relation to the listing made on its Website. Drlogy reserves the right to list Practitioners who are not a party to this Agreement and the Practitioners who have subscribed to this Terms of Use are listed along with them. Thereon, Drlogy reserves the right to modify the listing of Practitioners on its Website. In case Practitioner or Practice wishes to change or remove information as listed and displayed omits online platform, or disable appointment requests , the Practitioners or Practices can do so by using options available on its online platform or its Subscription Services or by contacting Drlogy at hello@drlogy.com.

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

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

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

18. Pro Terms of Use:

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

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

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

d. Pro is an ancillary product of Drlogy, the reviews and recommendations shared over Pro can be displayed on the Website. Reviews and recommendations of the End-Users not registered with Drlogy may be displayed on the Website through Pro. The user agrees that Drlogy shall not be responsible for any of the reviews made on the Website.

e. Drlogy reserves the right to make any further operational changes to the Software, at its discretion and the Practitioners will be notified of such changes or updates with or without prior notice.

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

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

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

i. Drlogy Pro sends alerts pertaining to the follow-up visits to the End-Users of the Customers and enables the End-Users to also access their appointment details through User account created through Drlogy.com or Drlogy mobile app.

j. Product Training: Drlogy offer a comprehensive three-day product training session upon the commencement of your subscription. This training is designed to familiarize your team with the features and functionalities of our healthcare SaaS product. Example: During the three-day product training, your staff will learn how to input patient data, generate reports, and utilize each advanced features.

k. Product Setup: Drlogy team will assist you in setting up the initial configuration of our healthcare SaaS product to align with your specific requirements. This setup includes customizations and integrations necessary for your organization. Example: We will configure the system to match your clinic's appointment scheduling, billing, and electronic health record (EHR) systems.
l. Product Support: Following the initial product training and setup, we provide ongoing software support during our standard office hours on working days. This support covers technical assistance, bug fixes, and general inquiries related to our product. Example: If you encounter any issues with generating patient reports or experience technical glitches, our support team will be available to resolve these matters promptly during our regular office hours.
m. Additional Training: Should your organization require additional training beyond the initial three-day session, it is available at a rate of Rs. 2000.00 per hour during our standard office hours on working days. Example: If your team needs advanced training on utilizing specific modules or requires further assistance with new feature updates, this additional training can be arranged and billed at the specified hourly rate. Please note that our product training, setup, and support are offered exclusively during our standard office hours on working days.

19. Payment, Fees, and Taxes

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

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

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

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

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

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

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

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

i. Fees not received within the specified due dates attract late charges of 18% per annum from the due date of payment, and any such charges may be levied at Drlogy's sole discretion.

j. Drlogy reserves the right to modify the fee structure by providing with or without prior notice to the authorized Users.

k. In order to process the fee payments, Drlogy might require details of User’s bank account, credit card number and other such financial information. Users are directed to check our privacy policy on how Drlogy uses the confidential information provided by Users.

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

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

n. In case of non payment of any fee beyond the date a payment becomes overdue (overdue date), Drlogy reserves the right to take any or all of the following actions as it deems appropriate .

i. Reduce all Subscription Service credits in Users’ Subscription Services account to 0 (zero) anytime after 7 (seven) days from the overdue date.

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

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

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

p. You can cancel your access to the Subscription Services using any of the cancellation methods listed in the Terms of Use or by contacting our customer support by email at hello@drlogy.com. The one time set up fees shall not be refunded to the User.

q. Drlogy will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Subscription Services, or parts thereof, except that you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees, paid deposits or payments for Subscription Services other than the nonrefundable one time set up fees as due prior to permanent discontinuation the Subscription Services or upon the expiry of 45 (forty five) days from the date of your written notice to Drlogy. Drlogy shall have the right to deduct any taxes that are due in relation to the refund amount (if any). The subscription fees are non transferable and the payment made by the User for a particular Subscription Service cannot be transferred or carried over to another Service.

20. Drlogy Share:

a. Drlogy Share has been integrated with Drlogy Pro to enable Practitioners to electronically share any type of Health Records with patients’ Drlogy Account if Practitioners want. These Health Records may include and are not limited to History, Lab investigations, Certificates, Referred to, Procedure plan, complete procedure, prescriptions, files, vital signs, immunization plans, growth charts, clinical notes, invoices, and payments etc and this list will keep evolving as more types of Health Records are added to Drlogy Pro software. Once shared, these Health Records can be accessed by End-Users with a free facility ‘Records’ on its mobile application ‘Drlogy’ and Web. The specific terms relating to the Drlogy Share are as below, without prejudice to the rest of these Terms and the Privacy Policy:

b. End-Users’ Records will display and contain the same Health Records that was created by the End-User's or provided by you in the designated section for Health Records in Drlogy Pro software. Drlogy shall not validate the Health Records and will not be responsible for any errors in or incompleteness of such Health Records provided by you. You hereby represent and warrant that to the extent that you provide any such Health Records, it is true and complete to the best of your knowledge.

c. By switching on “Drlogy Share” setting or similar settings in the Services, you are granting an irrevocable right of ownership to the relevant End-Users to Health Records, including but not limited to any medical records and information that is classified as sensitive personal information of the patients or customers.

d. You agree the Health Records shall be entered into appropriate designated sections at your sole risk and responsibility after obtaining prior consent of the patients and customers, if any, and Drlogy shall not be responsible or liable for Health Records whatsoever including failure to add the Health Records in the designated section for Health Records in Drlogy Pro.

e. For your patients and customers that are not referred to you by Drlogy, it is your responsibility to ensure that such patients’ and customers’ mobile numbers and email IDs are correctly provided and mentioned for the intended owner of the Records while using the Services. In case of any errors or changes in details, you are required to inform Drlogy of the same as soon as you become aware of such errors or changes.

f. Drlogy is not responsible for verifying the accuracy or incompleteness of such persons’ details or Health Records provided in the Records, and shall not be liable for any errors in the same.

g. Changing the contact number will not affect the Health Records already added to the End-Users’ Records.

h. Drlogy is not liable, if for any reason Health Records are not delivered to your patient or customer, or are delivered late or not accessed, despite its best efforts. While Drlogy will endeavor to take all reasonable steps through its dedicated support team to resolve any technical or operational difficulties for the delivery of the Health Records to your patient or customer, Drlogy makes no promise or guarantee for any uninterrupted access to the Records to your patients or customers.

i. Drlogy reserves the right to recall or partially recall any shared Health Record due to inadvertent or incorrect sharing by you or any other reason as it may deem fit.

j. Owner of the clinic is solely responsible to manage the Drlogy Share settings for the clinic/Hospital.

k. Owner is solely responsible to inform all relevant Drlogy Pro users within the clinic/Hospital about the intended usage of the feature.

l. Any change to the setting will be effective only from the date of change, not retrospectively unless otherwise communicated by Drlogy.

m. Drlogy has the right to communicate and inform End-Users without any prior notice to the Practitioner about the shared Health Records through SMS, email or any other platform on behalf of the Practitioner.

n. Drlogy has the right to independently resolve any technical or operational issue of the End-User regarding the access of the Health Records.

o. Drlogy has the right to not to provide the access of the Health Records to the user without any prior notice to avoid Health Records theft.

p. Drlogy is not responsible for any unintended access of Records due to change in phone number of the End-User.

q. Drlogy will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.

r. You agree and acknowledge that Drlogy may need to access the Health Record for cases such as any technical or operational issue of the End-User in access or ownership of the Records.

6. COLLECTION, USE, STORAGE, AND TRANSFER OF PERSONAL INFORMATION

1. The terms “personal information” and “Health information” are defined under the SPI Rules, and are reproduced in the privacy policy (“Privacy Policy”) available at https://drlogy.com/privacy.

2. The Privacy Policy sets out:

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

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

c. How and to whom Drlogy will disclose such information

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

a. the fact that the information is being collected;

b. the purpose for which the information is being collected;

c. the intended recipients of the information;

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

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

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

5. Drlogy 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 Drlogy or any other person acting on behalf of Drlogy.

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

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

8. If a User provides any information that is/become/suspect untrue, inaccurate, not current or incomplete, Drlogy has the right to discontinue the Subscription Services to the User at its sole discretion.

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

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

7. COVENANTS

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

a. belongs to another person and to which the User does not have any right to;

b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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;

c. harm minors in any way;

d. infringes any patent, trademark, copyright or other proprietary rights;

e. violates any law for the time being in force;

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

g. impersonate another person;

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

i. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

2. The User is also prohibited from:

a. violating or attempting to violate the integrity or security of the Subscription Services or any Drlogy Software;

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

c. intentionally submitting on the Subscription Services any incomplete, false or inaccurate information;

d. making any unsolicited communications to other Users;

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

f. attempting to decipher, decompile, disassemble or reverse engineer any part of the Subscription Services unless explicitly permitted by Drlogy;

g. copying or duplicating in any manner any of the Drlogy content or other information available from the Service;

h. framing or hotlinking or deeplinking any Drlogy content.

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

3. Drlogy, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in above clause 7.2, shall be entitled to disable such information that is in contravention of clause 7.2. Drlogy shall be entitled to preserve such information and associated records for at least 90 (ninety) days for service on to governmental or investigative authorities for investigation purposes.

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

5. Drlogy may disclose or transfer User Information (as defined in the privacy policy) to its affiliates, and you hereby consent to such transfer. The SPI Rules only permit Drlogy 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 Drlogy as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Drlogy or any person on its behalf and the user or where the User has consented to data transfer.

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

8. LIABILITY

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

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

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

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

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

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

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

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

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

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

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

a. Obtaining feedback in relation to Drlogy’s Subscription Services; and/or

b. Obtaining feedback in relation to any Practitioners or the Health Care Providers listed on the Service.

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

9. INDEMNITY

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

10. SPAMMING

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

(i) sending unsolicited messages, likely with commercial content,

(ii) in large quantities

(iii) to an indiscriminate set of recipients. The result of this practice is termed “Spam”.

11. TERM, TERMINATION, AND DISPUTES

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

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

3. Drlogy reserves the right to terminate any account in cases:

a. A User breaches any terms and conditions of this terms of use or privacy policy;

b. Drlogy is unable to verify or authenticate any information provide to Drlogy by a User; or

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

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

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

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

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

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

9. Return of User’s Data: Upon request by a User made within 7 (Seven) days after the effective date of termination of a Subscription Services subscription due to nonpayment, Drlogy will make available to the User for download a copy of such User’s data in comma separated value (.csv) format as determined by Drlogy. After such 7 (Seven) days period, Drlogy shall have no obligation to maintain or provide any of such User’s data and shall thereafter, unless legally prohibited, delete all User’s data in its systems or otherwise in its possession or under its control. In cases where User terminates the subscription voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the subscription Users data will not be available after termination of subscription in such cases.

12. THEFT OF SUBSCRIPTION SERVICES

1. You agree to notify Drlogy immediately, in writing or by mail to hello@drlogy.com, if your content is stolen or if you become aware at any time that your account with any Subscription Service is being misused or being used fraudulently. When you call or write, you must provide your account details and a detailed description of the circumstances of the theft or fraudulent use of the Subscription Services. Failure to do so promptly or within a reasonably prompt time period after discovery of the improper use may result in the termination of your Subscription Services and additional charges to you.

2. You will be liable for all use of the Subscription Services if your account is misused and also for any and all stolen Subscription Services or fraudulent use of the Service. Notwithstanding anything herein to the contrary, Drlogy shall not be liable to extend the subscription period or waive off any fees on account of such theft or fraudulent use. This includes, but is not limited to, modem hijacking, wireless hijacking, or other fraud arising out of a failure of your internal or corporate security procedures.

3. Drlogy will not issue refunds for fraudulent use resulting from your negligent or willful acts or those of an authorized user of your Subscription Services.

13. MISUSE OF SUBSCRIPTION SERVICES

1. Drlogy may restrict, suspend or terminate the account of any User who abuses or misuses the Subscription Services.

2. Misuse includes creating multiple or false profiles, infringing any intellectual property rights, violating any of the terms and conditions of these Terms of Use, or any other behavior that Drlogy, in its sole discretion, deems contrary to its purpose.

3. In addition, and without limiting the foregoing, Drlogy has adopted a policy of terminating accounts of users who, in Drlogy’s sole discretion, are deemed to be repeat infringers of any Terms of Use even after being warned by Drlogy.

14. SEVERABILITY AND WAIVER

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

15. CONTACT INFORMATION

If a User has any questions concerning Drlogy, the Website, this Agreement, the Services, or anything related to any of the foregoing, Drlogy customer support can be reached at the following email address: hello@drlogy.com or via the contact information available from the following hyperlink: www.drlogy.com/contact.

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