Terms and Conditions

1. Introduction

1.1. These Terms and Conditions (“Terms”) constitute a legally binding agreement between DOCBIO TECHNOLOGIES PRIVATE LIMITED, a company incorporated under the laws of India and having its registered office at WeWork Eldeco Centre, MRTS Station Complex, Malviya Nagar (South Delhi), Delhi- 110017, (hereinafter referred to as the “Company,” “we,” “us,” or “our”), and any natural or legal person, including Providers or Visitors, accessing, browsing, registering with, subscribing to, interacting with, or otherwise using the Platform in any manner whatsoever (“you,” or “your”).

1.2. These Terms govern access to and use of the website, mobile application, software, technology infrastructure, hosted profile pages, integrations, digital tools, communication interfaces, premium services, and all associated functionalities, products, and services made available by the Company, as updated from time to time (collectively, the “Platform”).

1.3. A Provider is any medical practitioner, healthcare professional, organization, or similar institution, including their designated or authorized personnel, that is listed or seeks to be listed on the Platform.

1.4. A “Visitor” is any person who accesses or browses the Platform. By accessing the Platform, a Visitor agrees to be bound by these Terms to the extent applicable to them.

1.5. By accessing or using the Platform in any manner whatsoever, you acknowledge that you have read, understood, and agreed to be bound by these Terms, together with the Privacy Policy and all other policies, notices, and guidelines published on the Platform.

1.6. You must be at least 18 years of age and legally competent to enter into contracts under the laws of India. By using the Platform, you represent and warrant that you meet this age and capacity requirement.

1.7. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE ALL ACCESS TO AND USE OF THE PLATFORM.

2. Services

2.1. The Platform is solely a technology-based intermediary platform that enables Providers, including medical professionals, healthcare practitioners, and other healthcare-associated professionals, to create and manage digital profile pages. Such profile pages may contain links, professional information, contact information, social media profiles, educational materials, publications, booking integrations, communication channels, and other third-party resources of the Provider.

2.2. Each profile is hosted at a unique URL assigned to the Provider upon registration. Such profiles are static, publicly accessible, and indexed by search engines by default. Any person with the URL may view a Provider’s profile without creating an account or logging in to the Platform.

2.3. The Platform merely facilitates the hosting, organisation, transmission, formatting, and display of information provided by the Provider.

2.4. The Company does not endorse, certify, or guarantee the accuracy, completeness or reliability of any Provider Content.

2.5. Subject to these Terms, a registered Provider may display on their profile their information, including but not limited to full name, professional qualifications, degrees, statutory registration details, practice details and area of specialisation.

2.6. Each profile is hosted at a unique URL assigned to the Provider upon registration. Profiles are static and publicly accessible by default. By publishing a profile, the Provider expressly acknowledges and accepts that their profile may be: (a) indexed by third-party search engines; (b) shared or accessed via social media platforms, AI-enabled agents and messaging applications; and (c) linked to or embedded by third parties across the internet.

2.7. Providers who do not wish their profile to be publicly accessible may disable it through their account settings or request account deletion in accordance with these Terms.

2.8. Scope Limitations: For the avoidance of doubt, and as further elaborated in the Terms (Disclaimers), the Company does not:

1. practice medicine or provide any healthcare service;
2. provide medical advice, diagnose medical conditions, or recommend treatments;
3. operate as a healthcare provider or establish any doctor-patient relationship;
4. endorse any healthcare practitioner or guarantee any Provider’s professional credentials;
5. guarantee any treatment outcome or the clinical accuracy of any Provider’s content;
6. provide any in-platform appointment booking, scheduling, or patient management functionality.
7. Nothing contained on the Platform shall be construed as constituting medical advice, diagnosis, prescription, treatment recommendation, healthcare endorsement, or clinical opinion. Providers and Visitors shall independently evaluate and verify all information, credentials, claims, qualifications, and representations available on the Platform before placing any reliance on the same.
8. No Doctor-Patient Relationship: Viewing a Provider’s profile does not create any doctor-patient relationship, professional engagement, or any other relationship between the Visitor and the Provider or the Company. Any interaction or communication initiated using information made available on a Provider’s Profile, including through any external link, takes place solely between the relevant parties and outside the Platform. The Company is not a party to and shall bear no responsibility or liability in connection with any such interaction or its consequences.

2.9. NOT FOR EMERGENCY USE: THE PLATFORM IS NOT AN EMERGENCY SERVICE. IF YOU OR ANYONE ELSE IS EXPERIENCING MEDICAL EMERGENCY, IMMEDIATELY CALL 112 OR YOUR LOCAL EMERGENCY NUMBER.

3. Conditions of Use

3.1. Conduct: Visitors and Providers must not:

1. use any automated tool, bot, spider, crawler, or scraper to access, extract, copy, or index any content from the Platform without the Company’s prior written consent;
2. attempt to gain unauthorised access to any part of the Platform, its infrastructure, servers, or databases;
3. reproduce, redistribute, or commercially exploit any content from the Platform without the prior written consent of the Company and the relevant Provider;
4. use any content from the Platform to build, train, or improve any product, service, or machine learning model;
5. use the Platform or any Provider’s contact information to send unsolicited communications or spam;
6. engage in any conduct that is unlawful, defamatory or otherwise objectionable under applicable Indian law.

4. Provider Eligibility and Account

4.1. Eligibility: To register and maintain an active account on the Platform, an individual must at all times satisfy each of the following:

1. be duly registered, licensed, and qualified to practice medicine and/or provide healthcare and wellness services in India in accordance with applicable laws and shall not be subject to any restriction that limits their practice. The Provider shall comply with all applicable laws governing their practice and exercise due professional care in delivering all consultations and services;
2. use the Platform solely for lawful professional purposes in compliance with applicable law and the professional code of conduct or ethics applicable to their profession.

4.2. The Company may request registration or licence documents from the Provider at any time. The Provider agrees to promptly furnish such documents upon request. Any such check is purely administrative and does not constitute an endorsement or guarantee of the Provider’s qualifications or conduct. The Company may suspend or terminate the Provider’s account if any submitted document is found to be inaccurate, invalid, or misrepresented.

4.3. The Provider is solely responsible for keeping their information accurate and up to date on the Platform.

4.4. Account Security: The Provider is responsible for maintaining the confidentiality of their login credentials and for all activity that occurs under their account. Credentials must not be shared with any other person. The Provider must notify the Company immediately upon becoming aware of any unauthorised access to their account. The Company shall not be liable for any loss arising from a Provider’s failure to maintain the security of their credentials.

4.5. Each Provider may maintain only one active account on the Platform. Duplicate accounts are prohibited and may be merged or terminated by the Company without prior notice.

4.6. An account is personal to the registered Provider and may not be transferred, assigned, or made available to any other person. Any purported transfer is void and constitutes grounds for immediate termination.

5. Provider Profile

5.1. The Provider is solely responsible for every piece of content on their profile, every external link displayed, and the accuracy and lawfulness of all information published. The Provider warrants at all times that their profile content is accurate, up to date, compliant with applicable law, and consistent with the professional standards and advertising guidelines of their regulatory body.

5.2. Any suspension, cancellation, or restriction of the Provider’s professional registration must be notified to the Company immediately, and the profile must be disabled or removed until registration is restored.

5.3. Practice Information: Where a Provider adds details of their practice to their profile, including through the integration of third-party location services such as Google Maps or Google Business Profile, the Provider represents and warrants that they are duly associated or affiliated with or authorised to represent such practice in the manner stated on the Profile, that all related information published by them is accurate, current, lawful, and not misleading. The Provider remains solely responsible for all such information and representations made on their Profile.

6. Acceptable Use

6.1. You agree to use the Platform solely in a lawful and professional manner. You must not, through your profile or otherwise through the Platform:

1. publish false, misleading, or inaccurate, or deceptive professional credentials, qualifications, affiliations or any information;
2. misrepresent your identity, specialisation, registration status, or institutional affiliation;
3. publish or link to content that violates the advertising, ethics, or professional conduct guidelines of the applicable statutory or regulatory body, including any prohibition relating to patient solicitation, self-promotion, or self-referral;
4. publish or link to content that is prohibited under Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including content that is defamatory, obscene, invasive of privacy, hateful, harmful to minors, or otherwise unlawful;
5. publish, display, promote, or link to any content that violates any applicable law, regulation, guideline, or professional standard relating to medical advertising, healthcare promotion, professional ethics, or clinical claims in India;
6. upload any software virus, malicious code, or element designed to interfere with the functioning of the Platform;
7. use the Platform in any manner that would bring the Company into disrepute.

7. Content Moderation and Takedown

7.1. The Platform enables Providers to publish and manage information and content made available by them. The Company’s role is limited to providing and operating the underlying technology infrastructure and related services in connection with the Platform, subject to applicable law and these Terms.

7.2. Reporting Mechanism: The Company maintains an in-platform mechanism through which any person may report Provider content that they believe to be in violation of these Terms or applicable law. Reports may also be submitted to the Grievance Officer. Upon receipt of a valid complaint, the Company will take appropriate action in a reasonable time. The Company may, at its discretion, notify the affected Provider of any action taken, where practicable and permitted by law.

7.3. The Company reserves the right, at its sole discretion and at any time, to remove, disable access to, restrict or require modification of any Provider Content, in whole or in part, whether on its own initiative or in response to a complaint, if it reasonably believes that such content violates these Terms, applicable law, any applicable professional conduct, ethics, or advertising guidelines, or any order of a competent authority, including content containing comparative, superlative, misleading, promotional, or solicitation-based language not permitted thereunder.

7.4. The exercise of such rights by the Company shall not, by itself, be construed as editorial control, authorship, publication, endorsement, or assumption of responsibility for any content made available on the Platform.

8. Content Ownership and License

8.1. The Provider retains all ownership rights in the content they publish on their profile (“Provider Content”), subject to the licence granted to the Company in these Terms. Nothing in these Terms transfers ownership of Provider Content to the Company. Any video content uploaded by Providers is hosted and delivered by a third-party vendor. The Company is not responsible for the availability, performance, or security of such hosting services.

8.2. Licence to the Company: By publishing Provider Content on the Platform, the Provider grants the Company a non-exclusive, worldwide, royalty-free, sublicensable licence to host, store, reproduce, format, display, transmit, and distribute such Provider Content for the purposes of operating, improving, promoting, and providing the Platform and its services. This licence includes the right to use publicly available Provider Content for the Company’s promotional and marketing purposes in connection with the Platform. This licence continues for as long as the Provider Content remains on the Platform and terminates upon its removal.

8.3. Provider’s Warranties: The Provider represents and warrants that: (a) they own, or have all necessary rights and licences in respect of, all Provider Content published on the Platform; (b) the publication of Provider Content on the Platform does not infringe any intellectual property right, privacy right, or other right of any third party; and (c) Provider Content complies with all applicable laws including the data privacy laws and these Terms. The Provider agrees to indemnify the Company against any claim arising from a breach of these warranties.

8.4. Company Intellectual Property: All rights in the Platform itself, including its design, software, technology infrastructure, trademarks, logos, and brand identity (“Company IP”), are and shall remain the exclusive property of the Company or its licensors. Except for the limited right to access and use the Platform in accordance with these Terms, nothing in these Terms grants the Provider any right, title, or interest in or to any Company IP.

9. Plans, Fees, and Payment

9.1. Plans: The Platform may offer free and paid subscription plans known as “Enhance” (collectively “Plans”). The features available under each Plan, and any applicable fees, will be as set out on the Platform at the time of subscription. The Company reserves the right to introduce, modify, or discontinue any Plan or its features at any time, with reasonable prior notice to affected Providers via any mode of communication, including email messages and where such change is material.

9.2. Fees and Billing: Paid Plans are billed annually in advance. Depending on the payment method selected at checkout, billing may be either a one-time annual payment requiring manual renewal, or a recurring auto-renewing subscription. The applicable billing mode will be disclosed at the time of subscription. The Provider is responsible for ensuring their payment details are accurate and current at all times.

9.3. All fees are exclusive of applicable taxes and any other statutory levies, which shall be charged in addition to the applicable fees and are the Provider’s sole responsibility.

9.4. Cancellation: A Provider may cancel their paid Plan at any time. Where the Plan was paid as a one-time annual payment, the Plan shall remain active until the end of the applicable subscription term, following which the Plan will expire without renewal. Where a Plan is subject to recurring auto-renewal, the Provider may turn off auto-renewal by contacting customer support or the Grievance Officer, and the paid Plan will remain active until the end of the then-current billing term, after which no further charges will be made. The Company does not provide any refunds, pro-rata or otherwise, for partial subscription periods or unused portions of a Plan. Any refund request shall be subject to the applicable refund provisions under these Terms.

9.5. Refunds: All fees paid are non-refundable. Notwithstanding the foregoing, the Company, in its sole and absolute discretion, may consider refund requests on a case-by-case basis. The Company’s decision on any refund request is final. No refund is guaranteed in any circumstance including termination or suspension of a Provider’s profile.

10. Suspension and Termination

10.1. The Company reserves the right, in its sole and absolute discretion, to suspend, restrict, or permanently terminate any Provider’s account and access to the Platform at any time, with or without prior notice, and without any obligation to provide reasons, including but not limited to where the Company reasonably believes that the Provider:

1. has breached or is likely to breach any provision of these Terms;
2. has provided false, inaccurate, or misleading information during registration or on their profile;
3. has had their professional registration suspended, cancelled, or restricted by any regulatory authority;
4. is using the Platform in a manner that is harmful, unlawful, or contrary to the interests of patients, the public, or the Company;
5. has failed to pay applicable subscription fees when due.

10.2. The Company’s exercise of its rights under this clause is final. Providers may write to the Grievance Officer of the Company to raise concern regarding a suspension or termination, and the Company will consider such representations at its discretion. The Company is under no obligation to reinstate any suspended or terminated account.

10.3. Provider-Initiated Termination: A Provider may terminate their account at any time by contacting the Company’s Grievance Officer. The Company will process such requests within a reasonable time.

10.4. Effect of Termination: Upon termination of an account, the Provider’s profile will be taken down and access to all Platform features will cease. The Company will retain Provider Content and account information for as long as it is reasonably necessary for the purposes set out in the Privacy Policy, or as required by applicable law or legal process, after which such information will be deleted or anonymised. The Company accepts no liability for any loss of content or data resulting from termination.

11. Privacy and Data Protection

11.1. The Company’s collection, use, storage, and disclosure of personal data in connection with the Platform is governed by the Privacy Policy, which is incorporated into these Terms. By using the Platform, the Provider and all Visitors consent to the collection and use of their data as described in the Privacy Policy.

11.2. Providers are independently responsible for ensuring that any personal data they collect, process, or handle in the course of their professional practice complies with all applicable data protection laws, including the Digital Personal Data Protection Act 2023, and any rules or regulations made thereunder. The Company is not a data fiduciary in respect of any data exchanged directly between a Provider and a patient.

12. Indemnity

12.1. The Provider agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, and licensors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including legal fees) arising out of or in connection with:

1. any breach by the Provider of these Terms or any representation, warranty, or obligation contained herein;
2. any Provider Content published on the Platform, including any claim that such content infringes any intellectual property right, privacy right, or other right of any third party;
3. any interaction between the Provider and any Visitor or patient, or third party, including any claim arising from the Provider’s professional conduct, advice, diagnosis, treatment, or omission;
4. any violation by the Provider of any applicable law or regulation, including any medical advertising regulation or professional code of conduct;
5. any misrepresentation of credentials, qualifications, or affiliation by the Provider.

13. Limitation of Liability

13.1. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE PLATFORM AND ALL SERVICES PROVIDED BY THE COMPANY ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, DATA, REPUTATION, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH: (A) ACCESS TO OR USE OF THE PLATFORM; (B) ANY CONTENT, INFORMATION, PROFILE, COMMUNICATION, OR MATERIAL MADE AVAILABLE BY PROVIDERS OR THIRD PARTIES; (C) ANY RELIANCE PLACED BY VISITORS ON PROVIDER CONTENT OR REPRESENTATIONS; (D) UNAUTHORISED ACCESS, USE, OR ALTERATION OF DATA; OR (E) SUSPENSION, INTERRUPTION, OR UNAVAILABILITY OF THE PLATFORM, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2. THE COMPANY DOES NOT VERIFY, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY, LEGALITY, AUTHENTICITY, QUALITY, OR RELIABILITY OF ANY CONTENT, INFORMATION, CREDENTIAL, CLAIM, SERVICE, OR REPRESENTATION MADE BY ANY PROVIDER OR THIRD PARTY ON OR THROUGH THE PLATFORM. ALL INTERACTIONS AND ENGAGEMENTS BETWEEN VISITORS AND PROVIDERS SHALL BE SOLELY BETWEEN SUCH PARTIES.

13.3. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, SHALL NOT EXCEED INR 1,000 (INDIAN RUPEES ONE THOUSAND ONLY).

13.4. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

14. Disclaimers

14.1. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PLATFORM OR ANY CONTENT ON IT. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES AND CONDITIONS ARE EXCLUDED.

14.2. The Company accepts no responsibility for the content, accuracy, security, privacy practices, or availability of any third-party platform accessible through a link on a Provider’s profile. Any interaction that occurs on a third-party platform is solely between the Provider and the relevant individual.

15. Governing Law and Dispute Resolution

15.1. Governing Law: These Terms and all matters arising out of or in connection with the Platform shall be governed by and construed in accordance with the laws of India.

15.2. Amicable Resolution: All disputes or claims arising out of or in connection with these Terms or the Platform (“Dispute”), the parties shall first attempt to resolve the Dispute amicably through good-faith negotiations. If the Dispute is not resolved within 30 days of such notice (or such longer period as the parties may agree in writing, including via email), either party may refer the Dispute to arbitration in accordance with these Terms.

15.3. Arbitration: Any Dispute not resolved amicably under the Clause 15.2 shall be finally settled by binding arbitration pursuant to the Arbitration and Conciliation Act, 1996 (as amended from time to time). The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties. If the parties are unable to agree on an arbitrator within 15 days of a request for arbitration, the arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996.

15.4. The seat and venue of arbitration shall be New Delhi, India. The language of the arbitration shall be English. The arbitral award shall be final and binding on the parties and may be enforced in any court of competent jurisdiction.

15.5. Jurisdiction: Subject to Clause 15.3, the courts of New Delhi, India shall have exclusive jurisdiction over any matter arising out of or in connection with these Terms that is not subject to arbitration, or in connection with the enforcement of any arbitral award.

16. Grievance Officer:

16.1. In accordance with the laws of India, the Company has designated a Grievance Officer to address complaints and concerns relating to the Platform and its content. Any Provider or Visitor who has a complaint regarding any content on the Platform or any aspect of the Company’s services may contact the Grievance Officer as follows:

Name: Mr. Amit Chaudhary Email: grievance@doc.bio Address: WeWork Eldeco Centre, MRTS Station Complex, Malviya Nagar (South Delhi), Delhi- 110017

17. Miscellaneous

17.1. Entire Agreement: These Terms, together with the Privacy Policy and any other policies of the Platform, constitute the entire agreement between the Company and the Provider with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, or representations, whether written or oral.

17.2. Changes to Terms: The Company may revise or update these Terms at any time. Updated version will be posted on the Platform. Continued use of the Platform after such updates constitutes acceptance of the revised Terms. A Provider who does not accept revised Terms must terminate their account in accordance with these Terms.

17.3. Severability: If any provision of these Terms is held to be invalid, unlawful, or unenforceable under applicable law, such provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

17.4. Waiver: The Company’s failure to enforce any provision of these Terms or to exercise any right hereunder shall not constitute a waiver of that provision or right. Any waiver by the Company must be in writing to be effective.

17.5. Assignment: The Provider may not assign, transfer, or sub-licence their rights or obligations under these Terms without the Company’s prior written consent. The Company may assign its rights and obligations under these Terms to any affiliate, successor, or acquirer without prior notice to or consent from the Provider.

17.6. Force Majeure: The Company shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemic, war, civil unrest, governmental orders, power outages, internet failures, or other events of force majeure.

17.7. Relationship of Parties: Nothing in these Terms creates or implies any partnership, joint venture, agency, employment, or franchise relationship between the Company and any Provider or Visitor. Each party is an independent entity.