1. General

Vaidya Pro (hereinafter referred to as “US” or “WE”), is the author and publisher of the internet resource www.vaidyapro.com (“Website”) on the world wide web as well as the software and applications provided by Vaidya Pro, including but not limited to the Android & IOS Mobile Applications ‘Vaidya Pro’. 

For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires, the terms “You” or “User” shall mean any natural or legal person who has agreed to become a user of the Website/Mobile Applications by accessing the Website/ installing the Android or IOS Applications. The terms “We”, “Us” and “Our” shall mean Vaidya Pro. “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it and the Terms of Service, and other Policies available on our Website, “vaidyapro.com” and our mobile Website/Application Vaidya Pro. “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and Vaidya Pro.

The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value. The terms used herein shall have the same meaning ascribed to them in the Terms of Service, Privacy Policy, and other policies available on the Website www.vaidyapro.com and our mobile Application Vaidya Pro..

1. By using the Website and the Mobile Application, You accept and agree to be bound by this Agreement, the Privacy Policy, as well as rules, guidelines, policies, terms, and conditions applicable to any service that is provided through the website and the mobile Application, that shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. Your use of Our Website/Application is evidence that You have read and agreed to be contractually bound by these Terms of Service and our Privacy Policy. Please read the terms carefully. The use of this Website/Application by You is governed by this policy and any policy so mentioned by terms of reference.

If you do not agree with any of these terms, please discontinue using the service.

1. We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updates on its requirements. If You continue to avail of its services following such change, it is deemed as consent by You to the so amended policies. Your continued use of the service  is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.

1. Restrictions on Use

To fully avail the services of the Application and use it, you must download the app and verify your phone number. Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are for any reason, unable to provide ‘Consent’ as per the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, you are not eligible to register for, use or avail the services available on the website and mobile Application.

Without limiting any other provisions of these Terms, you may not use our service for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this service may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason.

1. Intermediary Website/Application

The Website and the mobile Application are a platform that Patients and Practitioners utilize to meet and interact with one another for their transactions. We act as aggregators who display to the End User / Patients Practitioners best suited to your needs, based on the Content provided to us / updated on the Website / updated on the Mobile Application by Practitioners and End Users, including without limitation Content relating to area of Practitioner area of specialization, expertise, experience, availability, and geographic location.

However, should a User choose to proceed with a Practitioner displayed / identified / listed by us, for any purpose whatsoever, including without limitation, posing a question, seeking medical advisory service, exchanging Patient information, charts, DICOM Images, seeking appointments, we are not a party to such interaction and take no liability arising from such communication.

1. Communications

By using this Website/Applications, it is deemed that you have consented to receiving telephonic calls, SMSs and/or emails from us and other users. Such communications shall be sent to you on the telephone number/s and/or email id/s provided by you for the use of this Website/Applications, which are subject to our Privacy Policy. Such communication by us is for purposes that inter alia include clarification calls, marketing calls and promotional calls.

In the event you use the Website/Applications to book appointments with any Practitioner, we may send booking confirmation, cancellation, payment confirmation, refund status, schedule change or any such other information relevant to the transaction, via SMS, Chat, or by voice call on the contact number provided by you at the time of making the appointment. This includes contacting you through information received from other parties. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls.

1. Practitioner Display

Vaidya Pro collects, directly or indirectly, and displays on the Website/Applications, relevant information regarding the profile and practice of the Practitioners listed within the Website/Applications, such as their specialization, qualification, area of practice, experience, fees, location, visiting hours and similar details. Although we take reasonable efforts to ensure that such information is accurate and updated at frequent intervals, we cannot be held liable for any inaccuracies or incompleteness represented on the Website/Application pertaining to Practitioner Content.

It is hereby expressly clarified that the Information that you obtain or receive from Vaidya Pro is for informational and User’s personal purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information pertaining to the Practitioners provided on the Website/Applications.

In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information. 

Vaidya Pro is not meant to be a substitute for Emergency Medical Care.

1. Disclaimers

1. Vaidya Pro does not promote any Practitioner displayed / made available through the Website/Applications.
2. Vaidya Pro assumes no liability for the repercussions of using the Website/Applications for the purpose of transmitting users' medical / personal data to other users, including without limitation, loss of data, failure to boot, or other errors in the working of the device on to which the Application has been downloaded.
3. Vaidya Pro is a Portal (Website & Mobile Applications) used by Practitioners to promote their Services. By using Vaidya Pro, the User understands and accepts that Vaidya Pro does not endorse the services offered by the Practitioners.
4. Vaidya Pro is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between Users and Practitioners. Users understand and agrees that Vaidya Pro will not be liable for:
   1. User interactions and associated issues User has with the Practitioner;
   2. The ability or intent of the Practitioner(s), or the lack of it, in fulfilling their obligations towards the Users;
   3. Any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
   4. Inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the Users due to a failure on the part of the Practitioners to provide agreed Services;

1. Any disputes arising out of the use of Vaidya Pro shall be governed by the law, rules and regulations of India, as applicable in the State of West Bengal. The exclusive jurisdiction and venue for actions and disputes shall be the courts located in West Bengal.

1. Users' Obligations

The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that are accrued to Us or additional costs that may be imposed on us.

1. You hereby certify that you are at least 18 years of age.
2. You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Website/Applications, including, without limitation, any usage rules set forth in this Agreement.
3. You undertake not to:

1. Cut, copy, distribute, modify, recreate, reverse engineer, distribute, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website/Applications. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/Application is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained.
2. Access (or attempt to access) the Website/Applications and/or the materials or Services by any means other than through the interface that is provided by the Website/Applications. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/Applications or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/Applications, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/Applications is prohibited. You acknowledge and agree that by accessing or using the Website/Applications or Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/Applications. Further, You may report such offensive content.
3. Use the Website/Applications in any manner that may impair, overburden, damage, disable or otherwise compromise Vaidya Pro’s services.
4. Use the User information made available through Vaidya Pro to further any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft.
5. Use the User information made available through Vaidya Pro to abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
6. Engage in any activity that interferes with or disrupts access to the Website/Applications or the Services (or the servers and networks which are connected to the Website/Applications);
7. Probe, scan or test the vulnerability of the Website/Applications or any network connected to the Website/Applications, nor breach the security or authentication measures on the Website/Applications or any network connected to the Website/Applications. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/Applications, or exploit the Website/Applications or Service or information made available or offered by or through the Website/Applications, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website/Applications;
8. Disrupt or interfere with the security of, or otherwise cause harm to, the Website/Application, systems resources, servers or networks connected to or accessible through the Website/Applications or any affiliated or linked Website/Applications;
9. Violate any applicable laws or regulations for the time being in force within or outside India;
10. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

1. Updates

From time to time, the Applications may automatically check the versions installed on the Device and, if applicable, provide software updates (hereinafter referred to as “Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Applications. By installing the Applications, You authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Applications and Updates shall be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).

1. Actions Undertaken on Your Device:

Upon download and installation of the Application, You grant the following permissions to the Applications to perform the following actions on the device You have installed the Application in:

1. To read from, write on, modify and delete data pertaining to the Applications on the hard disk and/or external storage of the device;
2. To access information about networks, access networks including wifi networks, receive and send data through the network;
3. To determine Your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks;
4. To determine Your exact location from sources such as, but not limited to GPS.
5. To access the model number, IMEI number and details about the operating system of the device the Application has been installed on, as well as the phone number of the device.
6. To retrieve information about other Applications running on the device the Application has been installed on and open them.
7. To detect when the phone had been switched off and switched on for the purpose of sending notification/ push notifications.
8. To access and change the display and sound settings of the device the Application has been installed in.

1. Membership Policy

Registration on Vaidya Pro is free for both Doctors and Patients.

However, Patients need to verify their email ids and their registered phone numbers through One Time Password (OTP) for the registration process to be completed.

Administrative approval of the the profile for Doctors is compulsory, and needs to go through Admin verification of credentials etc., before it goes live on the website and the Apps.

1. Copyright

1. All information, content, services and software displayed on, transmitted through, or used in connection with the Website/Applications, including for example text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the “Website/App Content”), as well as its selection and arrangement, is owned by Us and other Third Parties. You may use the Website/App Content only through the Website/Applications, and solely for your personal, non-commercial use.
2. You may not, republish any portion of the Website/App Content on any Internet, Intranet or extranet site or incorporate the Website/App Content in any database, compilation, archive or cache. You may not distribute any Website/App Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Website/App Content. You may not scrape or otherwise copy the Website/App Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website/Applications; not to insert any code or product or manipulate the content of the Website/Applications in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.

1. Website/Application  Terms

By downloading and / or using this Website/Application, you hereby agree to be bound by the Terms of Use / Service, Privacy Policy, and other Policies as set forth on the website www.vaidyapro.com and the Android and IOS Mobile Applications for Vaidya Pro.