Terms & Conditions

Dreamztech Solutions Private Limited, on behalf of itself and its affiliates/group companies under the brand "DirghAayu Setu" (“DirghAayu Setu”), is the author and publisher of the internet resource https://dirghaayusetu.com and the mobile application ‘DirghAayu Setu’ (together, “Website”). DirghAayu Setu owns and operates the services provided through the Websites.

1. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.dirghaayusetu.com/privacy(“Privacy Policy”) before you decide to access the App/website or avail the services made available on the App/website by DirghAayu Setu. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and DirghAayu Setu in connection with your visit to the App/website and your use of the Services (as defined below).

The Agreement applies to you whether you are –

  • A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the App/website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
  • A patient, his/her representatives or affiliates, searching for Medical Practitioners / hospital / or such similar entities which are named here explicitly or otherwise, through the Website or App (“End-User”, “you” or “User”); or
  • Otherwise a user of the Website/App (“you” or “User”)

The Agreement herein applies to those services made available by DirghAayu Setu on the Websites / App, which are offered free of charge to the Users (“Services”), including the following specifically or any other user which is not specified below:

  • For Medical Practitioners / healthcare institutions / Hospitals / nursing homes or similar entities: Listing of Medical Practitioners and their profiles and contact details, to be made available to other Users and visitors to the App/website;
  • For other Users / patients or patient party: Facility to (i) create and maintain ‘Health Record Wallet’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by DirghAayu Setu, and (iii) to make appointments with Practitioners and (iv) to maintain records of the health of patient and party (v) to share the health record with any medical practitioner of own choice, if desired by “user”.

The Services may change from time to time, at the sole discretion of DirghAayu Setu, and the Agreement will apply to your visit and your use of the APP/Website to avail the Service, as well as to all information provided by you on the App/website at any given point in time.

This Agreement defines the terms and conditions along with disclaimer under which you are allowed to use the Website / App and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at info@dirghaayusetu.com.

DirghAayu Setu reserves the right to modify or terminate any portion of the Agreement for any reason and at any time without prior information or intimation to the users. Your use of the App / Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified online which the user have to track and keep updated himself.

User must acknowledge and admit that user will be bound by this Agreement for availing any of the Services offered by DirghAayu Setu. If you do not agree with any part of the Agreement, please do not use the App/Website or avail any Services offered by us.

Your access to use of the App/website and the Services will be solely at the discretion of DirghAayu Setu, which please be noted.

This Agreement herein is published in compliance of, and is governed by the provisions of Indian law, including but not limited to following laws amended up to date the time being in force:

  • the Indian Contract Act, 1872,
  • the (Indian) Information Technology Act, 2000, and (also known as ITA-2000)
  • the rules, regulations, guidelines and clarifications framed there under, 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”).

2. TERMS & CONDITIONS OF USE

User must be at least 18 years of age, major (adult) person to register, use the Services, or visit or use the App / Website in any manner. By registering, visiting and using the App / Website or accepting this Agreement, User represent and warrant to DirghAayu Setu that user is 18 years of age or older, and that user has the right, authority and capacity to use the App/Website and the Services available through the App/Website, and agree to and abide by this Agreement.

3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN MEDICAL PRACTITIONERS(AND LIKE)

The terms under this are applicable only to Users other than MedicalPractitioners(and like).

3.1 END-USER ACCOUNT AND DATA PRIVACY

3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy hereinbelow.

3.1.2 DirghAayu Setu may by its Services, collect information relating to the devices through which you access the App/Website, and anonymous data of your usage. The collected information will be used only for improving the quality of DirghAayu Setu’s services and to build new services.

3.1.3 The App/Website allows DirghAayu Setu to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Medical Practitioners (and like) and their practice.

3.1.4 The App/Website allows DirghAayu Setu to have access to registered Users’ personal information and medical records stored in this health wallet.

3.1.5 The Privacy Policy sets out, inter-alia:

  • The type of information collected from Users, including sensitive personal data or information;
  • The purpose, means and modes of usage of such information;
  • How and to whom DirghAayu Setu will disclose such information; and,
  • Other information mandated by the SPI Rules.

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

  • the fact that certain information is being collected;
  • the purpose for which the information is being collected;
  • the intended recipients of the information;
  • the nature of collection and retention of the information; and
  • the name and address of the agency that is collecting the information and the agency that will retain the information; and
  • the various rights available to such Users in respect of such information.

3.1.7 DirghAayu Setu 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 DirghAayu Setu or to any other person acting on behalf of DirghAayu Setu. It is particularly not responsible for information related to following diseases HIV, Hepatitis B or C, Any sexual and venereal diseases, Sexual partner, Sexual preferences, Sexual attitude, Food preferences, Habits like smoking & drinking, Seizure, epilepsy, Mental illness, Depression, Physical impairment / eye impairment deafness, Social Psychological disorder / condition, Sleep walking, Kleptomaniac, Cancer, Proctological disorder and Likewise disorders which has a taboo in the society. If user accidentally share such information and wants to delete, the user can do so as and user wants, the intervening period when the information is on the App/website, the DirghAayu Setu shall not be responsible.

3.1.8 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the App/Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify DirghAayu Setu of any actual or suspected unauthorized use of the User’s account or password. Although DirghAayu Setu will not be liable for your losses caused by any unauthorized use of your account, user may be liable for the losses of DirghAayu Setu or such other parties as the case may be, due to any unauthorized use of your account.

3.1.9 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or DirghAayu Setu has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DirghAayu Setu has the right to discontinue the Services to the User at its sole discretion without any further reference to the user.

3.1.10 DirghAayu Setu may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

Against every medical practitioner listed in https://dirghaayusetu.com, user may see a ‘show number’ option. If user choose to call the number through a free telephony service provided by DirghAayu Setu, and the records of such calls are recorded and stored in DirghAayu Setu’s servers. Such call will have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by DirghAayu Setu for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. In case user choose to not provide consent to recording their calls that may have personal information required for appointment and booking purposes, DirghAayu Setu reserves the right to not provide the Services for which such personal information is sought.

3.2 HEALTH WALLET RELEVANCE ALGORITHM

DirghAayu Setu’s relevance algorithm for the Medical Practitioners (and likewise) is a fully automated system that lists the medical practitioners, their profile and information regarding their Practice on its App/website. These listings of medical practitioners do not represent any fixed objective ranking or endorsement by DirghAayu Setu. DirghAayu Setu will not be liable for any change in the relevance of the Medical Practitioners (and likewise) on search results, which may take place from time to time. The listing of Medical Practitioners (and likewise) will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback, and geographical location. Such factors may change from time to time, in order to improve the listing algorithm. DirghAayu Setu in no event will be held responsible for the accuracy and the relevancy of the listing order of the Medical Practitioners (and likewise) on the App/Website. The DirghAayu Setu has not check the medical degree, qualifications, specialization held out by Medical Practitioners (and likewise) to the public at large and to DirghAayu Setu. User may kindly visit appropriate website of government of India to check and verify these issues.

3.3 LISTING CONTENT AND DISSEMINATING INFORMATION

3.3.1 DirghAayu Setu collects, directly or indirectly, and displays on the App/website, relevant information regarding the profile and practice of the Practitioners listed on the App/website, such as their specialization, qualification, fees, location, visiting hours, and similar details. DirghAayu Setu takes reasonable efforts to ensure that such information is updated at frequent intervals. Although DirghAayu Setu screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

3.3.2 The Services provided by DirghAayu Setu or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). DirghAayu Setu does not provide or make any representation, warranty or guarantee, express or implied about the App/website or the Services. DirghAayu Setu does not guarantee the accuracy or completeness of any content or information provided by Users on the App/website. To the fullest extent permitted by law, DirghAayu Setu disclaims all liability arising out of the User’s use or reliance upon the App/website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the App/website, or any opinion or suggestion given or expressed by DirghAayu Setu or any User in relation to any User or services provided by such User.

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

3.3.4 DirghAayu Setu 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 App/website or the downloading of any material, data, text, images, video content, or audio content from the App/website. If a User is dissatisfied with the App/website, User’s sole remedy is to discontinue using the App/Website.

3.3.5 If DirghAayu Setu determines that user has provided fraudulent, inaccurate, or incomplete information, including through feedback, DirghAayu Setu reserves the right to immediately suspend your access to the App/website or any of your accounts with DirghAayu Setu and makes such declaration on the App/website alongside your name/your clinic’s name as determined by DirghAayu Setu for the protection of its business and in the interests of Users. User shall be liable to indemnify DirghAayu Setu for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected DirghAayu Setu or its Users.

3.4 MESSAGE, BOOK APPOINTMENT AND CALL FACILITY

DirghAayu Setu enables Users to connect with Practitioners through three methods: a) Book facility that allows Users book an appointment through the App/Website; b) Value added telephonic services which connect Users directly to the Medical Practitioner’s number provided on the App/Website; c) Direct message to Practitioner through App.

3.5 NO DOCTOR-PATIENT RELATIONSHIP; WITH DirghAayu Setu USE

3.5.1 DirghAayu Setu is not meant for emergency medical purposes, however Patient App will have the QR code which any medical practitioner can access through QR code scanner and get the basic details of patients (users) depending upon what user has allowed to share through QR code

3.5.2 The DirghAayu Setu is for scheduled cold patients who do not require any urgent, lifesaving medical treatment.

3.5.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If user are an End-User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital directly.

3.6 CONSULTATION

Consultation which means facilitating the scheduled appointment with desiredMedical Practitioners (and likewise) but does not guarantee the availability of such medical practitioner at an appointed time. Though it is believed that there will be minimum default on which count which shall be less than 1 % happening actually.

3.7 DirghAayu Setu HEALTH FEED

These terms & conditions governing DirghAayu Setu Health feed are applicable to Users (being both end-users/ Practitioner). However, it is clarified that the terms and conditions herein applicable only to Medical Practitioners (and likewise) and applicable to Users are called out separately, as the context warrants.

3.8 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

3.8.1 The contents listed on the App/website are (i) User generated content, or (ii) belong to DirghAayu Setu. The information that is collected by DirghAayu Setu directly or indirectly from the End- Users and Practitioners shall belong to DirghAayu Setu. Copying of the copyrighted content published by DirghAayu Setu on the App/website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and DirghAayu Setu reserves its rights under applicable law accordingly.

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

3.8.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

3.9 REVIEWS AND FEEDBACK

By using this App/website, user agrees that any information shared by you with DirghAayu Setu or with any Practitioner will be subject to our Privacy Policy.

User agrees that DirghAayu Setu may contact user through telephone, email, SMS, or any other electronic means of communication for the purpose of:

  • Obtaining feedback in relation to App/website or DirghAayu Setu’s services; and/or
  • Obtaining feedback in relation to any Practitioners listed on the App/website; and/or
  • Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;

and user agrees to provide fullest cooperation further to such communication by DirghAayu Setu. DirghAayu Setu’s Feedback Collection and Fraud Detection Policy is annexed as the Schedule hereto, and remains subject to these Terms.

MEDICAL RECORDS HEALTH WALLET

DirghAayu Setu may provide End-Users with a free facility known as ‘Medical Records Health Wallet’ on its mobile application ‘DirghAayu Setu’. Information available in your Records is of two types:

  • User-created: Information uploaded by user or information generated during your interaction with DirghAayu Setu ecosystem, eg: appointment, medicine order placed by you.
  • Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘DirghAayu Setu’ or other Services of DirghAayu Setu software.

3.10.1 The specific terms relating to such Health Account are, without prejudice to the rest of these Terms and the Privacy Policy, only created after user has signed up and explicitly accepted these Terms.

3.10.2 Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and DirghAayu Setu does not validate the said information and makes no representations in connection therewith. User should contact the relevant Practitioner in case user wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.

3.10.3 The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, DirghAayu Setu is not liable for any interruption that may be caused to your access to the Services.

3.10.4 The reminder provided by the Records is only a supplementary way of reminding user to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by DirghAayu Setu, user should refer to the prescription before taking any medicine. DirghAayu Setu is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive reminders, you can switch it off through the DirghAayu Setu app.

3.10.5 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. DirghAayu Setu is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with DirghAayu Setu.

3.10.6 DirghAayu Setu uses industry–level security and encryption to your Health Records. However, DirghAayu Setu does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform DirghAayu Setu of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to info@dirghaayusetu.com.

3.10.7 If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have the right to share, upload and publish any sensitive personal information of your dependent. DirghAayu Setu assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify DirghAayu Setu and its officers against any such claim or liability arising out of unauthorized use of such information.

3.10.8 In case you want to delete your Records, you can do so by contacting our service support team. However, only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.

3.10.9 You may lose your “User created” record, if the data is not synced with the server.

3.10.10 If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.

3.10.11 DirghAayu Setu is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.

3.10.12 The Health Records are shared with the phone numbers that are provided by your Medical Practitioners (and likewise). DirghAayu Setu is not responsible for adding the Health Records with incorrect numbers if those incorrect numbers are provided by the Medical Practitioners (and likewise).

3.10.13 DirghAayu Setu is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Medical Practitioners (and likewise) is solely responsible and liable for your Health Records and any information provided to us, including but not limited to the content in them. The official language for DirghAayu Setu is English.

3.10.14 DirghAayu Setu has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.

3.10.15 DirghAayu Setu will follow the law of the land in case of any constitutional law court or authority of proper jurisdiction mandates to share the Health Records for any reason.

3.10.16 User agree and acknowledge that DirghAayu Setu 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.

3.10.17 You acknowledge that the Medical Practitioners (and likewise) user is visiting may engage DirghAayu Setu's software or third party software for the purposes of the functioning of the Practitioner’s business and DirghAayu Setu's services including but not limited to the usage and for storage of Recordsin India and outside India, but in accordance with the applicable Indian laws.

To the extent that your Records have been shared with DirghAayu Setu or stored on any of the DirghAayu Setu products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by DirghAayu Setu pertaining to such previously visited clinics and hospitals who have tie ups with DirghAayu Setu for the purposes of their business and for DirghAayu Setu's services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable Indian laws and further agree, upon creation of your account with DirghAayu Setu, to the mapping of such Records as may be available in DirghAayu Setu’s database to your User account.

4. TERMS OF USE MEDICAL PRACTITIONERS (AND LIKEWISE)

These terms are applicable only to Medical Practitioners (and likewise).

4.1 LISTING POLICY

4.1.1 DirghAayu Setu, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. DirghAayu Setu reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the App/website in connection with you and your profile is found to be incorrect, you are required to inform DirghAayu Setu immediately to enable DirghAayu Setu to make the necessary amendments.

4.1.2 DirghAayu Setu shall not be liable and responsible for the ranking of the Medical Practitioners (and likewise) on external websites and search engines

4.1.3 DirghAayu Setu 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 or publications made by DirghAayu Setu, where the User has expressly or implicitly consented to the making of disclosures or publications by DirghAayu Setu. If the User had revoked such consent under the terms of the Privacy Policy, then DirghAayu Setu 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 DirghAayu Setu prior to its actual receipt of such revocation.

4.1.4 DirghAayu Setu reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the App/website. However, DirghAayu Setu shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the App/website.

4.1.5 Practitioners explicitly agree that DirghAayu Setu reserves the right to publish the Content provided by Practitioners to a third-party including content platforms.

4.1.6 When you are listed on https://dirghaayusetu.com, End-Users may see a ‘show number’ option. When End-Users choose this option, they choose to call your number through a free telephony service provided by DirghAayu Setu, and the records of such calls are recorded and stored in DirghAayu Setu’s servers. Such call will have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by DirghAayu Setu for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to End-Users and to you by DirghAayu Setu should be used only for appointment and booking purposes, and not for consultation on health-related issues. DirghAayu Setu accepts no liability if the call facility is not used in accordance with the foregoing. In case you choose to not provide your consent to recording your calls that may have personal information required for appointment and booking purposes, DirghAayu Setu reserves the right to not provide the Services for which such personal information is sought.

4.1.7 You as a Medical Practitioners (and likewise) hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and DirghAayu Setu accepts no liability for the same.

4.2 PROFILE OWNERSHIP AND EDITING RIGHTS

DirghAayu Setu ensures easy access to Practitioners by providing a tool to update your profile information. DirghAayu Setu reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, DirghAayu Setu takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using DirghAayu Setu’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, DirghAayu Setu may modify or delete parts of your profile information at its sole discretion with or without notice to you.

4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF DirghAayu Setu

4.3.1 All Critical Content is content created by the Users of https://dirghaayusetu.com (“Website”) and the clients of DirghAayu Setu customers and Practitioners, including the End-Users. As a platform, DirghAayu Setu does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of DirghAayu Setu and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. DirghAayu Setu’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject to these Terms.

4.3.2 DirghAayu Setu reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the App/website.

4.3.3 DirghAayu Setu shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.

4.3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. DirghAayu Setu shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. DirghAayu Setu however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users.

4.3.5 DirghAayu Setu will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the App/website shall be applicable mutatis mutandis in relation to Critical Content posted on the App/website.

4.3.6 If DirghAayu Setu determines that you have provided inaccurate information or enabled fraudulent feedback, DirghAayu Setu reserves the right to immediately suspend any of your accounts with DirghAayu Setu and makes such declaration on the App/website alongside your name/your clinics name as determined by DirghAayu Setu for the protection of its business and in the interests of Users.

HEALTH WALLET RELEVANCE ALGORITHM

DirghAayu Setu has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. DirghAayu Setu shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.

4.5 INDEPENDENT SERVICES

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

4.6 DirghAayu Setu REACH RIGHTS

DirghAayu Setu reserves the rights to display sponsored ads on the App/website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, DirghAayu Setu will not be liable for the accuracy of information or the claims made in the Sponsored ads. DirghAayu Setu does not encourage Users to visit the Sponsored ads page or to avail any services from them. DirghAayu Setu will not be liable for the services of the providers of the Sponsored ads.

You represent and warrant that you will use these Services in accordance with applicable Indian law. Any contravention of applicable Indian law as a result of your use of these Services is your sole responsibility, and DirghAayu Setu accepts no liability for the same.

4.7 MEDICAL PRACTITIONERS (AND LIKEWISE) UNDERTAKING

The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered as per the law.

5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

5.1 As mandated by Regulation 3(2) of the IG Rules, DirghAayu Setu hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

  • belongs to another person and to which the User does not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
5.2 Users are also prohibited from:
  • violating or attempting to violate the integrity or security of the App/website or any DirghAayu Setu Content;
  • transmitting any information (including job posts, messages and hyperlinks) on or through the App/website that is disruptive or competitive to the provision of Services by DirghAayu Setu;
  • intentionally submitting on the App/website any incomplete, false or inaccurate information;
  • making any unsolicited communications to other Users;
  • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the App/website;
  • attempting to decipher, decompile, disassemble or reverse engineer any part of the App/website;
  • copying or duplicating in any manner any of the DirghAayu Setu Content or other information available from the App/website;
  • framing or hot linking or deep linking any DirghAayu Setu Content.
  • circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

5.3 DirghAayu Setu, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. DirghAayu Setu shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

5.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, DirghAayu Setu has the right to immediately terminate the access or usage rights of the User to the App/website and Services and to remove non-compliant information from the App/website.

5.5 DirghAayu Setu may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit DirghAayu Setu 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 DirghAayu Setu as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between DirghAayu Setu or any person on its behalf and the User or where the User has consented to data transfer.

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

6. TERMINATION

6.1 DirghAayu Setu reserves the right to suspend or terminate a User’s access to the App/website and the Services with or without notice and to exercise any other remedy available under law, in cases where:

  • Such User breaches any terms and conditions of the Agreement;
  • A third-party reports violation of any of its rights as a result of your use of the Services;
  • DirghAayu Setu is unable to verify or authenticate any information provided to DirghAayu Setu by a User;
  • DirghAayu Setu has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on the part of such User; or
  • DirghAayu Setu believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for DirghAayu Setu or are contrary to the interests of the App/website.

6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the App/website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the App/website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

7. LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall DirghAayu Setu, 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 App/website or the content, materials and functions related thereto, the Services, User’s provision of information via the App/website, lost business or lost End-Users, 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 service by Practitioners to End- Users contacted or managed through the App/Website;
  • any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the App/website;
  • any unauthorized access to or alteration of your transmissions or data; or
  • any other matter relating to the App/website or the Service. Medical Practitioners (and likewise) 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 this Agreement or a User’s use of the App/website or the Services exceed, in the aggregate Rs.500/- (Rupees Five Hundred Only) which will be directly transferred in the valid account number provided by the user/ Medical Practitioners (and likewise).

8. RETENTION AND REMOVAL

DirghAayu Setu may retain such information collected from Users from its App/Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

9. APPLICABLE LAW AND DISPUTE SETTLEMENT

9.1 You agree that this Agreement and any contractual obligation between DirghAayu Setu and User will be governed by the laws of India.

9.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the App/website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by DirghAayu Setu. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

9.3 Subject to the above Clause 9.2, the courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the App/website or the Services or the information to which it gives access.

10. CONTACT INFORMATION GRIEVANCE OFFICER

10.1 If a User has any questions concerning DirghAayu Setu, the App/website, this Agreement, the Services, or anything related to any of the foregoing, DirghAayu Setu customer support can be reached at the following email address: info@dirghaayusetu.com.

In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the App/website or service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: Name: Dreamztech Solutions Private Limited
Phone: 18002677678
Email: info@dirghaayusetu.com

In the event you suffer as a result of access or usage of our App/Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

11. SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

12. WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by DirghAayu Setu. Any consent by DirghAayu Setu to, or a waiver by DirghAayu Setu of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

13. DISCLAIMER & WARRANTIES

13.1 Please be warned by the Disclaimer. We, the people team who organized this DirghAayu Setu which is for use of concerned user people at large have to indemnify the organizing team members individually and collectively for any and all lapses in security, confidentiality and secrecy, though all safety measures are taken to ensure currently available security, confidentiality and secrecy and future developments in cyberspace cannot be safeguarded or predicted. This disclaimer is specifically and generally or remotely mentioned herein or not is to ensure absolving any liability of any kind, civil, criminal or any other law in specific and general on any kind of seen and unforeseen lapse. Any communications or money transactions in the name of employees is at the risk and responsibility of user / nonusers or their beneficiaries, which please note.

13.2 You acknowledge and agree that the application is provided on an “AS IS” and “AS AVAILABLE” basis with all faults and without warranty of any kind. Your use of or reliance upon the application and any third-party content and services accessed thereby is at your sole risk and discretion. Company and its employees, directors, shareholders, affiliates, partners, suppliers or licensors hereby disclaim any and all representations, warranties and guaranties regarding the application and third-party content and services, whether express, implied or statutory, and including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, features, quality, security and non-infringement. Furthermore, Company and its employees, directors, shareholders, affiliates, partners, suppliers or licensors make no warranty that (i) the application or third party content and services will meet your requirements; (ii) the application or third party content and services will be uninterrupted, accurate, reliable, timely, secure or error-free; (iii) the quality of any products, services, information or other material accessed or obtained by you through the application will be as represented or meet your expectations; or (iv) any errors in the application or third party content and services will be corrected. no advice or information, whether oral or written, obtained by you from company or from the application shall create any representation, warranty or guarantee. Furthermore, you acknowledge that company have no obligation to correct any errors or otherwise support or maintain the application.

14. MOBILE CHARGES

The internet connection required to use the Application and any associated charges (e.g. mobile data expenses) incurred by your use of the Application are your exclusive responsibility and made solely at your own expense.

15. ADS

Free version of Application may show advertising content from various ad providers. Ad content might be based on the information collected by the ad service. Ads cannot be removed in free version of Application.

16. APPLE SERVICES (iOS DEVICES ONLY)

iOS application may use Apple Services in order to work properly. That includes iCloud service, Apple In-App Purchase service.

17. BATTERY LIFE

Continued use of location services running in the background can dramatically decrease battery life.