Terms of Use 

1. Nature and applicability of terms

Before accessing the DigitalRX.io website or using its services, please read these terms ("Terms") and the associated privacy policy at [https://digitalrx.io/PrivacyPolicy/Index] Together, they form a binding agreement ("Agreement") between you and DigitalRX.io.

This Agreement applies to:

Practitioners: Medical professionals or organizations listed on the website.
End-Users: Patients searching for healthcare practitioners.
General Users: Any individual using the website.

By accessing the website, you accept these Terms, the Subscription Terms, and the Privacy Policy. They supersede any prior terms and govern your use of the website and services.

We may modify the Agreement, with notice of changes. Regularly reviewing it is advised. 

2. Conditions of Use:

2.1 Registration 

To register, use the Services, or visit the Website, you must be 18 years of age or older. By doing so, you affirm that you are at least 18 years old, possess the right, authority, and capacity to use the Website and its Services, and agree to abide by this Agreement. 
To utilize the DigitalRX.io website, you must create an account. You confirm that the registration information provided is accurate and will be kept up-to-date. You are solely responsible for all activities under your account and must promptly report any unauthorized use or security breaches.

2.2 Access

Access to and use of the DigitalRx.io website is limited to individuals who can enter into legally binding contracts according to applicable laws. We reserve the right to terminate membership and deny access to the website at our discretion. The website is not available to individuals with suspended or terminated memberships. If registering as a business entity, you affirm that you have the authority to bind the entity to this User Agreement.

3. Ownership/Restrictions

DigitalRx.io is owned and provided by us. Users are granted a limited, revocable, non-transferable license to use the website. We may terminate this license at any time. The website's content, layout, graphics, trademarks, and other proprietary information are protected by international copyright and trademark laws. Users may not modify, reproduce, distribute, or sell any content without explicit permission.

4. Intent of Website

The material on DigitalRx.io is for informational purposes only and should not replace professional advice. It is not intended for medical emergencies. Users must consult qualified professionals for specific recommendations. The website does not endorse specific tests, products, or procedures.

5. Content Accuracy

While efforts are made to provide accurate information, we do not regularly review posts by professionals on the website. Users should seek advice from relevant professionals in their jurisdiction. We are not liable for any risks associated with reliance on the information provided.

6. Objectionable Content

Users acknowledge that they may encounter content deemed offensive or objectionable. Use of the website is at the user's sole risk, and we disclaim liability for offensive content.

7. User Conduct

Users agree to comply with all applicable laws and regulations. Failure to abide by these terms may result in account termination and legal consequences. Prohibited activities include unauthorized commercial exploitation, disruption of website operation, and sharing of harmful content.

8. Enforcement

We retain the right, though not obligated, to assess any content you upload to the DigitalRX.io website. Content violating our Code of Conduct may be removed, and we reserve the sole discretion to suspend or terminate your account, with or without notice.

Upon receiving complaints regarding a user's misuse of the website, we will promptly address the issue, including the deletion of inappropriate posts. While submissions are generally real-time and not pre-reviewed, we reserve the right to terminate the relevant account and may initiate legal action as necessary.

9. Communication

By visiting DigitalRX.io or sending emails, you communicate with us electronically, consenting to receive electronic communications from us. Communication methods include email or posting notices on the website. Providing your phone number indicates consent to receive calls related to your order/request and other site-related communications.

10. Users of the Platform

The DigitalRX platform caters to visitors/non-registered users, registered users, and registered medical practitioners.

10.1. Registered User 

Those who have created an account by providing mandatory information and using a unique username and password. They can book tele-consultations, seek information, privately consult with medical practitioners, and access health-related content.

10.2. Non-Registered User

Users without a registered account, with limited access to website information.

10.3. Medical Professionals/Health Professionals 

Qualified doctors registered with relevant medical authorities. They can offer tele-consultations, respond to user queries, publish health information, and engage in private consultations.

All three categories are collectively referred to as "Users."

11. Features of the DigitalRX Platform

11.1. For Registered Users

Access to generic information from medical professionals.
Interaction with medical professionals privately through various mediums.
Scheduling tele-consultations.
Access to health-related content posted by medical professionals.

11.2. For Non-Registered Users:

Access to medical professionals' profiles, including qualifications and availability for tele-consultations.
Access to health-related content posted by health professionals.

12. Role of DigitalRX

DigitalRX's role is confined to:

a) Providing a white-label platform for hosting and publishing the clinic’s/health organization’s/health professional’s content.

b) Offering a platform for Registered Users to pose health-related queries and for health professionals to provide preliminary and generic information.

c) Providing a medium for private interactions between Registered Users and health professionals.

DigitalRX operates as an 'intermediary' under the Information Technology Act, 2000, and its relevant rules. As an intermediary, DigitalRX assumes no responsibility or liability for the content and transactions on the platform, including User Content, health professional Content, or interactions between health professionals and its Users.

DigitalRX is not obligated to pre-screen or monitor User Content or health professional’s Content but may choose to do so at its discretion. If any Content is found to violate the agreement or applicable laws, DigitalRX may remove it from the platform, with reasonable efforts to inform the health professional who posted it. Such actions don't diminish DigitalRX's role as an intermediary or impose liability regarding User Content and/or health professional Content.

In case of suspected illegal, wrongful, or fraudulent activities on the platform, DigitalRX will inform relevant government or law enforcement authorities and cooperate in investigative procedures or requests for information.

DigitalRX explicitly states it does not endorse or exert control over any specific branch of medicine, theory, opinion, viewpoint, or position on any topic.

13. Book Appointment

DigitalRX enables users to connect with healthcare practitioners by booking appointments through their white-label branded website/app. DigitalRX ensures users receive confirmed appointments on their mobile app/website. However, DigitalRX holds no liability if the practitioner cancels the appointment or is unavailable. DigitalRX is not involved in providing medical advice. It is not liable for user-practitioner interactions, practitioner capabilities, wrong medication, or any inconvenience caused. Users can provide feedback about their experiences, but DigitalRX is not obligated to act based on this feedback.

14. Records

DigitalRX's Records feature offers two types of information: user-created and practice-created. User-created data includes uploads and interactions, while practice-created Health Records are created by the health professionals and uploaded during or after the video consultations. 

14.1. Account Creation and Responsibility

User records are created upon explicit acceptance of the Terms.
Health Professional-generated Health Records are provided as-is, and any discrepancies must be addressed with the respective health professional.

14.2. Contact Information and Security

Users are responsible for updating contact details.
DigitalRX ensures high-level security but isn't liable for unauthorized access due to lost credentials.

14.3. Dependents and Deletion

Users are Responsible for dependents' Health Records if accessed through your account.
Deletion of Records involves contacting support, but Practitioner-stored Health Records persist.

14.4. Syncing and Accessibility

User-created records may be lost if not synced.
Inactivity for a specified time may restrict access for security reasons.

14.5. Content and Liability

DigitalRX disclaims responsibility for content, facts, or language in Health Records.
Practitioners are solely liable for Health Records.

14.5. Access by Practo and Practitioners:

DigitalRX may access Health Records for technical or operational issues.
User agrees to the storage of Health Records by DigitalRX

15. Patient Stories

When utilizing this DigitalRX platform, your shared information, including patient stories or recommendations regarding practitioners, is subject to our Privacy Policy.

As the user, you bear sole responsibility for the content you submit for publication on your branded website/app, encompassing patient stories or recommendations ("Critical Content") related to healthcare professionals. DigitalRX's role in publishing Critical Content is that of an 'intermediary' under the Information Technology Act, of 2000. DigitalRX disclaims responsibility for Critical Content and is not liable to compensate any user for republishing content across its platforms.

You agree not to post content that (a) infringes third-party intellectual property or publicity/privacy rights, or (b) violates any applicable laws or regulations. DigitalRX, at its discretion, may choose not to publish your patient stories if required by law.

You acknowledge that DigitalRX may contact you through various means for the purpose of:

Collecting feedback on the website or DigitalRX's services.
Collecting feedback on listed practitioners.
Addressing complaints, information, or queries from practitioners regarding your Critical Content.

You agree to cooperate fully with DigitalRX in response to such communications. 

16. Financial Details

By using DigitalRX services, you confirm that the credit/debit card or financial details you provide are accurate and lawfully owned. Any financial information you submit is received directly by our acquiring bank or payment wallet service providers, not by us. We are not liable for credit/debit card fraud, and the responsibility lies with you. We reserve the right to recover costs, collection charges, and legal fees from those using the platform fraudulently. Legal action may be initiated against such individuals for any unlawful acts.

17. Privacy

We respect your privacy rights. Refer to our Privacy Policy for details on how we collect, use, disclose, and manage your personal information.

18. Refusal of Service

We reserve the right to refuse service to anyone at any time. In our sole discretion, we may modify or discontinue the DigitalRX platform temporarily or permanently, with or without notice, for security reasons or proper administration of the service.

19. Changes

We reserve the right to change these Terms of Use. You are responsible for regularly reviewing them. Continued use of DigitalRX after any changes constitutes your consent to be bound by them.

20. Termination

This agreement remains in effect until either party terminates it. You can end it by notifying us in writing and ceasing website use.  DigitalRX may suspend or terminate a User's access to the Website and Services, with or without notice, and take legal action if the User:

Violates terms and conditions of the Agreement.
Infringes on a third party's rights due to the User's use of Services.
Provides unverifiable or inauthentic information.
Engages in illegal, fraudulent, or abusive activity.
Actions may cause legal liability for the User, other Users, or Practo, or are against the Website's interests.

Once suspended or terminated, the User cannot use the Website under the same, different account, or re-register. On termination, the User loses access to data, messages, and files on the Website. The User should maintain backups for compliance with record-keeping practices. Termination doesn't cancel payment obligations or affect prior liabilities under this agreement.

21. Data Retention and Removal

DigitalRX will keep user information collected from the Website or Services as required, considering the type of information, its usage, and compliance with the SPI Rules(Sensitive Personal Data or Information Rules, 2011). Computer web server logs will be maintained for the necessary administrative duration.

22. Applicable Laws

These Terms of Use are governed by the laws of the country where the service is provided.

23. Disclaimer/Limitation of Liability

The website is provided "as is" and without warranties. We disclaim all express or implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted, error-free use or virus-free experience. We may modify the website without notice. We are not liable for any damages resulting from the use of the website. We make no warranties regarding the accuracy of information on the site.

We are not responsible for users' decisions based on the site, including seeking medical care. We disclaim liability for data transmission issues and disclaim all warranties for the site and content.

We make no claims about the site's contents' appropriateness in any jurisdiction. Users access the site at their own risk and are responsible for compliance with local laws. Provisions on liability, user submissions, indemnity, jurisdiction, and the entire agreement survive termination.

Users should confirm advice with their medical practitioner. We are absolved from liability for any incorrect information provided by professionals on the site.

Users agree to use the site at their own risk, absolving the company and affiliates from liability. We disclaim liability for damages resulting from site use. Legal claims must be brought within one year of the event.

24. Indemnity

Users agree to indemnify us from losses, expenses, damages, claims, and liabilities resulting from their use of DigitalRX. This includes injury to themselves or third parties. The website is not a substitute for professional medical advice.

25. Jurisdiction, Mediation & Arbitration

We prefer disputes resolved amicably through mediation. Each party bears its arbitration costs. You agree to defend and indemnify the Company, its employees, and others against claims, liabilities, and expenses, including attorney’s fees, arising from your actions, breach of warranties, or violation of laws. This obligation persists after agreement termination. The User Agreement is governed by the laws of the intended service country.

26. Entire Agreement & Severability 

If any part of this User Agreement is deemed invalid or unenforceable by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable. In that case, such provision shall be excluded from this Agreement and the void provision will be replaced with a valid one that aligns with the original intent. The rest of the Agreement stays in effect. This Agreement is the complete understanding between you and us regarding the Websites/services, overriding all prior communications. No provision of this Agreement can be waived or breaches excused unless such waiver or consent shall be in writing and signed by DigitalRX. Our failure to address a breach or any consent or waiver by DigitalRX for a previous breach/specific breach doesn't extend to future breaches, whether expressed or implied.

27. Questions

For any queries about DigitalRX, the Website, this Agreement, or related matters, contact our customer support at support@digitalrx.io 

Brett Whaley

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