NamasteDoc Terms of Service
Terms of Service
Thank you for using our products and services ("Services"). By using our Services, you are agreeing to these terms, so please read them carefully. The terms and conditions herein govern the use of services provided by Namaste Health Services Private Limited ("Namaste Health", "we", "us") , including its website NamasteDoc.com ("Website", "ND"), software, and information, articles , news, blogs and text, graphics, images and information obtained from service providers and any other material contained on the Website ("Materials"), along with call center services. These terms and conditions are compliant with IT (intermediaries guidelines) Rules, 2011 passed under IT Act,2000.
Namaste Health is only a facilitator that aims to provide a platform for accessing information on healthcare, prevention, symptoms and cure of common diseases and ailments and directory of healthcare service providers, merchant directory of vendors of medical equipment and other supplies. It provides software to book appointment with health care service providers registered on the Website. It allows a registered service provider /vendor to publish on the Website its contact information in its online directory, its locations, key doctor's profile, main departments, advertise their services, health packages , upload photos, videos, events, seminar information, and fee schedule and timings for doctor consultations ("Profile page") by accessing its user id and password allocated at time of registration.
Registered Service providers/Vendors are solely responsible for quality of Services they provide. Namaste Health accepts no responsibility for any medical, legal or financial consequences or implications arising out of use of the Website, including any Online Services, or Materials. Namaste Health disclaims any warranties express or implied connected with use of the Website including its quality, availability or accuracy, which are provided on an "AS IS" basis.
Criteria and Restrictions for the Use of this Website
The Users of this Website should be of 18 years of age or older. A User is responsible to verify that use of this Website shall be legal and he uses it only for lawful purposes. Therefore, any User who accesses the Website from within India or outside shall access the Website entirely at his own risk and remain responsible for compliance with the laws of his jurisdiction. In addition provisions relating to the absence of liability of NamasteDoc.com and owners, its licensors and indemnity, survive the expiration or termination of these Terms and Use for any reason whatsoever. Namaste Health makes no claim that the Materials on the Website, are appropriate, accurate, reliable, or updated, suitable or complete or may be downloaded in a particular jurisdiction and your use of the Website shall be at all times solely at your discretion and risk.
Your Registration with NamasteDoc.com, being a health care portal provides for free online registration to its Users. NamasteDoc.com accepts registration of Service provider /Vendor to provide health care services to Users on payment of Membership fees stipulated from time to time. Email address and password are your credentials for accessing the Services that are only available to registered users ("Credentials"). You should keep your Credentials private and not share your Credentials with anyone else. If you forget your password, there is a link "Forgot Password?" on the login section of NamasteDoc.com. Click on the link and enter your previously registered e-mail address. A mail will be generated and sent to your email address with your password details. You are responsible for notifying us if your password has been hacked or stolen. You may notify us by sending an email to firstname.lastname@example.org. Users should at all times maintain secrecy and confidentiality of the log in id and password allocated to it by Namaste Health. At no time will Namaste Health be liable for any failure to maintain confidentiality of the access password by User. Do not use the website or our services for emergency situations. The information provided on the site is not intended to be a substitute for certified professional medical advice, diagnosis, or treatment. Your use of information provided on the site is solely at your discretion.
At Namaste Health's sole discretion, Namaste Health may seek other avenues to advertise services of Service Provider on facebook and other social networking sites or otherwise in any online forum or Portal.
Responsibilities of Registered Service Provider/Vendors
- Registered Service provider/Vendor shall be solely responsible for assuring it has the valid licences and registration with concerned statutory Authorities to practice and advise Users on healthcare. Breach of this condition will make concerned registered Service providers or Vendor entirely liable for legal actions or other consequences arising therefrom. We do not allow or support diagnosis, consultation and treatment to the patients online. Health care service providers are required to adhere to the legal terms and conditions.
- Registered Service Providers /Vendors shall maintain true and correct particulars of its contact information on its Profile pages, including locations, telephone numbers, e-mail addresses, timings, doctors profiles of different departments, provision of contact information to make for Users to make online booking of appointments with its doctors.
- Portal is only providing information related to healthcare and means of communication and platform to interact with Users. Registered Service Provider shall be fully responsible for maintaining highest professional standards and be solely responsible for all consultations/advice rendered to Users.
- Registered Service provider shall confirm the booking requests for appointments made by Users and inform the Users and Us regarding any change in schedule.
- Registered Service Provider shall ensure he is available to diagnose patient at the confirmed time of appointment at the specified location as communicated in writing to the User through the Website or phone/sms/toll free number of call centre of Namaste Health.
- Registered Service provider shall acknowledge he is registered with the Website when indicated or crosschecked by a User for his satisfaction.
- Registered Service provider will ensure that any patient data of Users shared with its employees, doctors or staff members shall remain confidential at all times.
NamasteDoc.com is not a substitute for sound professional advice, treatment or diagnosis
The Information that you obtain or receive from NamasteDoc.com is for information purposes and to facilitate selecting and scheduling appointments with service providers/vendors registered on the Website. At no point of time NamasteDoc.com is a substitute for professional medical advice, personal medical attention or seeking advice from a professional doctor through an onsite visit.Further, no information from this Website should be used for treating or diagnosing a medical or health condition or for replacing any relationship with your physician or other qualified healthcare provider. Online consultation feature should be used only for minor ailments or healthcare queries. Users are advised to visit a registered Service provider for any serious condition or emergency assistance or other ailments. Moreover, no medications, diet supplements or treatments as may be described or prescribed on this Website (including through online consultations) should be taken or begun without first consulting your physician or other healthcare provider.
Namaste Health or its owners, managers, directors, employees, agents, partners, advertisers or affiliates will not be liable for any loss, damage, injury caused to a User arising out of use of the Website, its Online services or Materials including legal actions arising out of medical negligence or other third party actions due to professional misconduct or omissions/acts of other users on the Website such as registered Service providers/Vendors.
NamasteDoc.com does not establish Doctor Patient relationship
Though the Website acts as a channel between doctor and patient, it takes neither responsibility nor guarantee regarding the prescription of any drug or treatment. The User upon registering on Website is free to consult any doctor or physician of his/her choice and such registration does not bind him to use the information or registered Service Provider on the Website. The Website maintains transparency with its Users and leaves no room confusion or misunderstanding. Further, you also agree that the registered Service Providers on the Website may not be available at all times or may discontinue their association with Website. The registered service provider or Vendors are independent contractors in private practice and are neither employees nor agents of Namaste Health and/ or its subsidiaries or affiliates and we take no responsibility as to the qualifications of these Service providers/vendors or the correctness of medical advice they provide. Any information on the Website relating to listing, name, content, material of any professional or firm found on this Website does not constitute any endorsement or recommendations of Namaste Health. When deciding to take advice and/or hire any medical practitioner's services or healthcare entity, you should do your own independent research as to the accuracy of the credentials expressed in the Materials.
NamasteDoc is not to be held responsible for any content
The User agrees that he will neither use the Website for advertisement purposes or for any commercial messages nor post anything false, defamatory, inaccurate, abusive, harassing, obscene, sexually oriented or threatening message or material that is illegally invasive of another person's privacy. Though Website provides facility to Users to post blogs, articles but Namaste Health is not liable for such third party content posted on the Website. Incase any User finds any content is objectionable or illegal, he may report to Namaste Health by writing at the customer care helpline e-mail address/phone number provided on the Website. Objectionable /illegal content will be monitored and blocked from public access within 36 hrs from reporting of the complaint. Such third party content is not edited or monitored by Namaste Health and does not reflect approval of NamasteDoc.com, its owners, managers, directors, employees, agents, partners, advertisers or affiliates. It bears no responsibility for the posts or the information contained therein. If such information posted is infringing or objectionable, Namaste Health is not liable and shall take appropriate legal action against concerned User for posting such content.
Code of Conduct
The Users shall not use any computer resource or communication device to host, display, upload, modify, publish, transmit, update or share any information on the Portal or in connection with Portal on another web resource that -
- belongs to another person and to which the user does not have any right to;
- belongs to another person and to which the user does not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- 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, defence, 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.
Namaste Health that operates the Website and hosts /publishes the third party information, upon obtaining knowledge by itself or when brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in sub-rule above, shall act within thirty six hours and where applicable, work with User or Service provider or owner of such information to disable such information.
NamasteDoc and its Copyright Content/Trademark
The content of the Website is copyrighted and is protected by copyright laws applicable in India. Namaste Health reserves the right over its Copyrighted content. No one is allowed to use the Copyrighted content as it will amount to breach of the Terms and Conditions and will be violation of copyright laws. The trademark of NamasteDoc.com is also protected by law and other trademarks on the Website belong to their respective owners. Namaste Health shall own and retain all right in and to the trademark, copyright, business process, trade secret, artwork and design and software code of the Website. Any content posted by a Service Provider/Vendor or a user will mean deemed copyright license issued to NamasteDoc.com for publishing such information.
Suspension of account
All payments due to a registered Service Provider/Registered Vendor shall be suspended ( with no future transactions permissible) and frozen for 3 months, in the event registered Service Provider /vendor ceases work or faces a major disruption in its operation or becomes bankrupt or starts business in some other name without due intimation to Namaste Health and change in its contact information in its Profile pages causing inconvenience and/or does not make due cancellations to Users who have been given confirmed appointments or because of any breach of terms and conditions of this Agreement, a pending legal action arising out of or in connection with services rendered by registered Service Provider/vendor through the Website including complaint for medical negligence or misconduct or reasonable suspicion regarding or unlawful transactions or deficiency in-services or unfair trade practices being adopted by the registered Service Provider/vendor ,statutory violation of laws or other violation of applicable laws. The amount will remain frozen for minimum period of 3 months or longer till the disputes/disruptions /legal proceedings are settled. This clause shall survive the termination of this Agreement.
Being a User of this Website you agree to abide by its terms and conditions and that you agree to use the Website on your own free will and it is not guided by any promotional emails, phone calls and advertisements from NamasteDoc.com and its affiliates and partners. The use of the Website and the Online Services and Materials is solely at your own risk. Namaste Health shall not be under an obligation to indemnify any User for non-delivery, misdelivery or defective, delayed or deficient delivery of Products or Services through the Website, and will not be liable to pay any damages, direct or indirect, or consequential damages for loss of revenue, loss of business, loss of data, system crash, faulty operation, malware attacks or slow transmission of the telephone line or web servers or email servers or hardware or software involved in the conduct of the Website technical disruptions, unavailability of Website or its Online Services , delay, failure, interruption, alteration or damage of any data or other information transmitted or posted in connection with use of the Website. The Website does not guarantee to be error-free or bug-free. We provide no warranty regarding the security, reliability, timeliness, or performance of the Website or its accuracy, suitability or completeness or timeliness, updating of the Materials, Online Services (including software, text, graphics, links, or communications) provided on or through the use of the Website.
The Website, Online Services and Materials on Website are provided on an "as is" basis. NamasteDoc.com, its owners, its licensors, and its suppliers to the fullest extent permitted by law, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose.
The defaulting User shall indemnify and agrees to keep Namaste Health and its subsidiaries and affiliates, and its and their directors, officers, employees, successors and assigns fully harmless against any complaints, suits, actions, claims, losses, damages , liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs of Namaste Health) ,awards, and/or expenses however arising directly or indirectly from Users or third parties arising in connection with Services and Products offered by other Users on the Website or its quality, performance or legalities including allegations of wrong delivery, mis-delivery or defective, delayed or deficient delivery of Products or Services through the Website ,loss of data, system crash or otherwise, and copyright infringement or other intellectual property violations raised by third parties or Customers , or in respect of breach of any of the registered Service provider/vendor's warranties, representations or undertakings or in any way attributable in whole or in part to registered Service provider's/vendor's performance of this Agreement or in relation to the non-fulfillment of any of its obligations under this Agreement by them.
In the event that Namaste Health is entitled to be indemnified pursuant to the provisions of this Agreement, Namaste Health shall be entitled to such extent debit the indemnification amount from the due payments to be made to the Registered Service provider/Vendor.
The indemnities under this Article are in addition to and without prejudice to the Indemnities given elsewhere in this Agreement and all the indemnities provided herein shall survive the termination of this Agreement.
Namaste Health, its owners ,directors, employees or agents, successors assigns, affiliates, subsidiaries mentioned on the Website in any event whatsoever not be liable for any damages (including, without limitation, incidental and consequential damages, direct, indirect, exemplary damages, special or punitive damages, fees, fines, penalties, or liabilities ,personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption, including any computer virus, anticipated profits, loss of profits or revenues, loss of saving, loss of use interruption of business, loss of opportunity, and claims of customers), whether such damages occur prior or subsequent to or are alleged as a results of, the use or inability to use the Website or the Online Services/Materials, whether based on warranty, contract, tort, or any other legal theory or breach of any of the provisions of this agreement, and whether or not Namaste Health is advised of the possibility of such damages. In no event shall either Party's liability be more than amount of Rs [10,000] under this agreement.
Namaste Health is not liable to refund the Membership fees, if paid nor the facilitation fees charged for any Transaction. The interest free security deposit, if any, is not refundable except in accordance with the relevant provisions of this Agreement.
Namaste Health does not endorse any professional and does not intend to be a source of advertising, solicitation or advice on the behalf of any professional. To the fullest extent permitted by law, Namaste Health is not responsible for the content of linked third-party sites; websites framed within the Website, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites or content is at your own risk and subject to the terms and conditions of use for such websites. Similarly Namaste Health does not endorse any product advertised on the website.
That by browsing and registering on NamastDoc.com you agree that you are solely responsible for anything you post on the Website and that you agree to defend, indemnify, and hold NamasteDoc.com, its owners ,its officers, directors, employees, agents, licensors, and suppliers, successors, assigns fully harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or any claims based upon your posts/submissions on the Website. Your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Website and its services.