This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read the Terms and Privacy Policy (collectively referred to as “Agreement”) carefully before availing Medical Services or accessing or using the Platform. Your use of the Platform and the Medical Services shall signify Your irrevocable acceptance of the Agreement.

 

1.       Information on the Platform

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i.      Please note that any and all information, material or details available on the Platform (except such information sought from a Registered Medical Practitioner) is not a substitute for medical care or advice and none of this information should be used for the purpose of self-diagnosis or treatment. Please seek and rely on medical advice sought from a Registered Medical Practitioner. 

 

ii.    The details of the registered medical practitioners at SkyDoc and/or third party registered medical practitioners (collectively “Registered Medical Practitioners”), available on the Platform is not a recommendation or endorsement by SkyDocregarding the qualifications or the services provided by such practitioners and appointments booked by You to avail the Medical Services has been made by You voluntarily, at Your option.   

    

2.       Relationship between You and SkyDoc

 

No doctor-patient relationship is created between You and SkyDoc or You and any Registered Medical Practitioner engaged or appointed by Us, merely by booking an appointment or purchasing a related health package with us as part of the Medical Services or any other services. Such relationship is established only when information pertaining to Your health and other medical records (“Medical Records”) are disclosed by You to the Registered Medical Practitioners engaged or appointed by SkyDoc, during a consultation session. 

 

3.       Consent

 

You hereby provide Your consent to SkyDoc to share (where required) the Medical Records and/or obtain/store Medical Records which includes the details recorded by the Registered Medical Practitioners in the course of the consultations and reports generated by SkyDoc, its Registered Medical Practitioners engaged by Us, and upload such medical and sensitive information on the Platform. Additionally, You acknowledge that nurses, paramedical staff, diagnostic service providers, other persons employed or engaged by SkyDoc for providing You services may also have access to the Medical Records and accordingly provide Your consent to share the Medical Records with such persons. You hereby provide Your consent to share/notify Your Medical Records with You through SMS / other messaging services including but not limited to, WhatsApp messaging services. All Medical Records shall be stored, used and disclosed only in the manner stipulated under the SkyDoc Privacy Policy. You can choose to withdraw Your consent in the manner provided under the SkyDocPrivacy Policy. 

 

4.       Secondary users

 

The Platform allows You to create a sub-account for family members and friends (“Secondary User”) also. The information and details regarding the Secondary User including their personal and sensitive information (such as name, age, date of birth, contact number, email address) and appointments on their behalf for Medical Services offered by SkyDoc can be maintained by You on the account provided that You have been duly authorized by such Secondary User in this regard. For avoidance of doubt, You hereby unequivocally and unconditionally confirm that (i) the personal information added by You on the account in relation to each Secondary User has been added pursuant to the consent obtained by You from such Secondary User, or in case of persons who do not have the capacity contract under law, in Your capacity as the parent or legal guardian of such Secondary User, and (ii) the Secondary User has consented to You receiving the reports in relation to such Secondary User, and to SkyDoc for storing, possessing, sharing, using and accessing such information, reports and Medical Records as per the terms hereof. Once You provide the contact number of the Secondary User, the Secondary User will receive notification/SMS from Us with respect to appointments, Medical Records, etc. 

 

5.            Services

 

The following Services are offered by SkyDocto You:

 

A.   Medical Services: The term "Medical Services" shall mean and include the services offered by SkyDoc to You which includes:

 

●        Health Packages subscription pack. These health packages  may or may not include devices such as (collectively “Devices”) for checking Vitals, consultations from the Registered Medical Practitioner, consultations from coaches for using the Devices and monitoring the readings, and/or other related diagnostic tests. As part of onboarding on our  health packages, We will require certain mandatory tests to be undertaken. We shall facilitate such tests to be undertaken through our third party partners / clinics.

 

  

 

B.      Other Services: Teleconsultation Memberships

 

     Medical Services and Other Services on the Platform may also have the following components (as applicable):

 

i.      Appointments: SkyDoc shall allow You to book an appointment with the Registered Medical Practitioners or coaches (as the case may be) engaged with SkyDoc, either directly or indirectly, through the Platform. You may also cancel or reschedule Your appointments as per Clause 6 below. Appointments booked on the Platform for physical consultations or tele-consultation with SkyDoc    ’s Registered Medical Practitioners are subject to the availability of such respective medical practitioners. The details of the Registered Medical Practitioners available on the Platform is not a guarantee of their services. We reserve the right to cancel or reschedule any appointment at any time. We shall use best efforts to intimate You in advance of such rescheduling or cancellation. However, We shall not be responsible in any manner for any inconvenience or loss caused to You as a result of such rescheduling or cancellation. 

 

ii.    Tele-consultation: All tele-consultation services are provided only by Registered Medical Practitioners based on the Medical Records provided by You and any errors in the Medical Records or lack of information may lead to inaccurate or incomplete medical advice. The Medical Records shared by You with such practitioners shall be subject to the SkyDoc Privacy Policy or the policies of the respective third-party clinics or hospitals or third party registered medical practitioners engaged by SkyDoc. Please note that SkyDoc and/or the Registered Medical Practitioners will record, save or download a copy of the consultation. However, SkyDoc and the Registered Medical Practitioners, employees, agents and consultants shall not be responsible for any loss, cost, expenses, inconvenience or suits caused, suffered or instituted against You as a result of such tele-consultation services, in any manner whatsoever. It is recommended that medical advice be sought through physical consultation with the concerned medical practitioner. If You choose to proceed to take medical consultation through tele-consultation, then You do so at Your own risk.

 

You may use the tele-consultation services even if You do not reside in India, however, it is recommended that the medical advice provided to You by the Registered Medical Practitioners engaged by Us, be validated by practitioners in the country of Your residence. There may also be instances when tele-consultations should be followed-up with physical consultations and/or diagnostic tests. Accordingly, You are advised to consider these factors while opting for the tele-consultation.   

     

iii.  Diagnostic services: SkyDoc shall allow You to avail diagnostic services by booking appointments on the Platform and shall on a best effort basis ensure that the reports in respect of such diagnostic services are provided to you within the time period specified at the time of booking the appointment. The reports shall be made available to You on the Platform. Please note that We will not handover the report to any third person, including family members, without Your consent. However, we may disclose information or provide reports to family members if required under applicable laws. These diagnostic services are facilitated by third party partners through the Platform. You hereby provide Your consent to Us to share Your personal data to the extent required for providing such diagnostic services.

 

iv.  Record management and health monitoring: We shall provide You with the necessary infrastructure including but not limited to Devices (which may or may not be provided) and access to Registered Medical Practitioners for managing your diabetes related lifecycle or for monitoring your glucose levels and general metabolic health (as the case may be) on the Platform. 

 

v.    We provide the following offerings:

 

 

Tele-consultations from Registered Medical Practitioners

    

Tele-consultations from Health Consultants

 

Diagnostic services from / through third party clinics or partners

 

Device offerings through third party partners

 

Coaches to train on the usage of the Devices

 

Please note that We provide all the services through Our Platform. To ensure that We provide premium service to You, We may sometimes tie-up with other third party hospitals and clinics for their expertise. You hereby consent to Us sharing Your Medical Records with such third-party hospitals or clinics, nursing homes or similar institutions without requiring any further action. Please note that We shall not be responsible for any pilferage of information or illegal dissemination of Your Medical Records by such third party. If requested, We will provide You with the details of the third party with whom We have shared Your Medical Records if You send an email to hello@SkyDoc.com.

 

Please note that appointments for physical consultations and tele-consultations may not be advisable in cases of emergency or critical conditions since We cannot guarantee appointments. We shall not be responsible for any inconvenience or loss caused to You as a result of delay in medical evaluation or treatment. 

 

Please further note that devices that may be provided as part of Medical Services are provided by third party sellers licensed to sell said devices and your usage of the said devices is governed by its own set of terms and conditions. Please read the terms and conditions for such devices prior to usage. Your usage of the same may be construed as your consent to such terms and conditions.

 

6.       Cancellation/rescheduling of appointments

 

i.      You may cancel the appointments for the Medical Services prior to the appointment. The cancellation shall be governed as per the timelines mentioned on the Platform. You shall not be entitled to any refunds if appointments are cancelled after the period as specified in the timeline provided on the Platform.

 

ii.    You may reschedule the appointments for the Medical Services prior to the appointment, subject to availability of a time slot/registered medical practitioner for appointment. Timelines mentioned on the Platform shall govern such rescheduling of appointments.

 

7.       Fees/Refunds/Payment Services

 

i.      All payments in respect of the Medical Services and/or other Services shall be collected in advance on the Platform. Additional taxes or third-party charges may apply. In case of any cancellation either by You (subject to the terms specified above) or SkyDoc or third-party clinics/ hospitals/partners, the amounts paid in respect of such Services shall be initiated for refund within five (5) business days from the date of such request of refund. Timelines for refund of the designated amount to the source account shall be governed as per the relevant bank’s policy.

ii.    All payments in respect of the Medical Services and/or other Services shall be made through the Platform. To the extent permitted by applicable law and subject to the SkyDoc’s Privacy Policy, you acknowledge and agree that SkyDoc may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.

iii.  In order to make payments online, You undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. By providing the Payment Details, You represent, warrant, and covenant that: (1) You are legally authorized to provide such Payment Details; (2) You are legally authorized to perform payments using such Payment Details; and (3) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. SkyDoc shall use the Payment Details as described in the SkyDoc’s Privacy Policy. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.

iv.  There shall be two (2) invoices generated through the Platform, one from SkyDoc for consultation provided by the Registered Medical Practitioner or coaches and the other from third party partners who shall be invoicing for the Devices as part of the packages under different Services being offered on the Platform. The payment receipt and transaction summary shall be made available on the Platform and also sent to Your registered email address. Platform shall collect the payment on behalf of the respective third-party partner, and eventually settle the same.

v.    Except to the extent otherwise required by applicable law, SkyDoc is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, SkyDoc is not liable for any payments that do not complete because: (1) Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided; (2) You have not provided SkyDoc with correct Payment Details; (3) Your payment card has expired; or (4) circumstances beyond SkyDoc’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

 

8.       Use of Platform

 

1. Subject to compliance with the SkyDocTerms, SkyDoc grants You a non-exclusive, revocable, limited privilege to access and use this Platform and its Services. You agree to use the      Services, Platform and the materials provided therein only: (a) for purposes that are permitted by the SkyDocTerms; (b) for purposes for which the Platform is meant to be used; and (c) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by SkyDoc/other Users.

2. You agree not to access (or attempt to access) the Platform and the materials therein or the      Services by any means other than through the interface that is provided by SkyDoc. You shall not use any 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 Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, bookings, documents or information through any means not specifically made available through the Platform.

3. You acknowledge and agree that by accessing or using the Platform or      \ Services, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. SkyDoc disclaims all liabilities arising in relation to such offensive content on the Platform.

4. If the Platform allows You to post and upload any material/data on the Platform, You hereby undertake to ensure that such material/data is not offensive and is in accordance with applicable laws. All material added, created, uploaded, submitted, distributed, or posted to the Platform by You is Your sole responsibility. SkyDoc reserves the right to review any information provided/data uploaded, if any, by You on the Platform and delete any information/data that is inconsistent with these SkyDocTerms.

1. Further, You undertake not to:  

i. defame, abuse, harass, threaten or otherwise violate the legal rights of others;

ii.    publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

iii.  copy, republish, post, display, translate, transmit, reproduce or distribute any content through any medium without obtaining the necessary authorization from SkyDoc;

iv.  conduct or forward surveys, contests, pyramid schemes or chain letters;

v.    upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

vi.  upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer or provide You undue advantage or benefit;

vii.     engage in any activity that interferes with or disrupts access to the Platform or the      Services (or the servers and networks which are connected to the Platform);

viii.   attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any of the server belonging to SkyDocor its partner companies, or to any of the      Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;

ix.  probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or Platform Services or information made available or offered by or through the Platform, 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 on the Platform;

x.    disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;

xi.  collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section.

xii.     use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;

xiii.   use the Platform or any material for any purpose that is unlawful or prohibited by these SkyDocTerms, or to solicit the performance of any illegal activity or other activity which infringes the rights of SkyDoc or other third parties;

xiv.   falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

xv. violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;

xvi.   violate the SkyDocTerms contained herein or elsewhere; and

xvii.    reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

 

9.       Intellectual Property Rights

1.    The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, Images, photos, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is owned and controlled by SkyDoc and / or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

2.    The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of SkyDocand / or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of SkyDoc, or the third party that may own the Marks.

 

10.   Disclaimer of Warranties & Liability

You expressly understand and agree that, to the maximum extent permitted by applicable law:

           i.     the Platform and other Content are provided by SkyDoc on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, SkyDoc makes no warranty that (i) the Platform or the      Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform will be effective, accurate or reliable; (iii) the quality of the Platform will meet Your expectations; or (iv) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from SkyDocor through use of the Platform shall create any warranty not expressly stated in the SkyDocTerms.

         ii.     SkyDoc will not be liable for any loss that You may incur as a consequence of unauthorized use of Your account or account information in connection with the Platform, either with or without your knowledge.

       iii.     SkyDochas endeavored to ensure that all the information on the Platform is correct, but SkyDocneither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information. SkyDocshall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, SkyDocshall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Our control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.

 

 

 

11.   Indemnification & Limitation of liability

 

SkyDoc shall provide all      Services and shall ensure that all      Services are provided, professionally and in compliance with applicable law. If despite such care and due diligence the reports generated by SkyDoc or any partner of SkyDoc or any part thereof is found to be incorrect or incomplete, the total liability of SkyDocshall be limited to carrying out a retest of the sample provided or carrying out another test using such method which can provide reasonably error free results, free of cost. The selection of the alternative test shall be made by SkyDoc at its sole discretion. All medico legal liability attributable to Registered Medical Practitioner engaged by Us shall be the sole responsibility of such Registered Medical Practitioner.

 

You hereby acknowledge that under no circumstances shall SkyDoc or its employees, consultants, agents or officers be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from Your use of or inability to use the      Services or to access the Medical Records or Your use of any ancillary Services provided on the Platform.

 

You further agree and confirm that SkyDocshall not be responsible, in any manner whatsoever, for any delay in performance or failure to meet its obligations under this SkyDocTerms which may be:

 

●        caused, directly or indirectly, due to:

●        Your failure to cooperate; 

●        Your unavailability and/or unresponsiveness; 

●        Unavailability of Registered Medical Practitioners;

●        Cancellation of appointments; 

●        Your failure to provide accurate and complete Medical Records; or 

●        Your failure to provide or facilitate the submission of, Medical Records or samples in a proper and timely manner.

●        any event beyond SkyDoc's reasonable control including, but not limited to, due to any force majeure event.

 

12.   Violation of the SkyDocTerms

 

You agree that any violation by You of these SkyDocTerms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Us and/or Our third party partners, as the case may be, for which monetary damages would be inadequate, and You consent to SkyDoc obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the SkyDoc and/or its third party partners may have at law or in equity. If SkyDoc and/or third party partner takes any legal action against You as a result of Your violation of these SkyDocTerms, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

 

13.   Suspension and Termination

 

The SkyDocTerms will continue to apply until terminated by either You or SkyDocas set forth below:

 

i.      If You object to the SkyDocTerms or are dissatisfied with the Platform, your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform.

ii.     SkyDocmay delist You or block Your future access to the Platform or suspend or terminate your Account if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these SkyDocTerms or anyway otherwise acted unethically. Notwithstanding anything in this clause, these SkyDocTerms will survive indefinitely unless and until SkyDoc chooses to terminate them.

iii.  If You or SkyDocterminate Your use of the Platform, SkyDoc may delete any content or other materials relating to Your use of the Platform without any liability to You or any third party for doing so. However, your transactions details may be preserved by SkyDoc for purposes of tax or regulatory compliance.

iv.  You shall be liable to pay for any Services that you have already ordered till the time of termination by either party whatsoever.

 

1. Report Abuse and Grievance Redressal

 

In the event You come across any abuse or violation of these SkyDocTerms or if You become aware of any objectionable content on the Platform or if You wish to report a grievance regarding Platform, please report the same to the following e-mail id: info@exoralabs.com.

 

1. Communications

 

You hereby expressly agree to receive communications by way of SMS/WhatsApp and/or e-mails from SkyDoc, and other third parties relating to the Platform and      Services provided through the Platform. You can unsubscribe/ opt-out from receiving communications through SMS/WhatsApp and/or e-mail anytime by e-mailing to info@exoralabs.com.

1. General Provisions

 

Notice: All notices from SkyDocwill be served by email to Your registered email address or by general notification on the Platform. Any notice provided to SkyDoc pursuant to the SkyDocTerms should be sent to  info@exoralabs.com.with subject line - Attention: TERMS OF USE.

 

Assignment: You cannot assign or otherwise transfer the SkyDocTerms, or any rights granted hereunder to any third party. SkyDoc’s rights under the SkyDocTerms are freely transferable by SkyDocto any third party without the requirement of seeking Your consent.

 

Severability: If, for any reason, a court of competent jurisdiction finds any provision of the SkyDocTerms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the SkyDocTerms shall continue in full force and effect.

 

Waiver: Any failure by SkyDoc to enforce or exercise any provision of the SkyDocTerms, or any related right, shall not constitute a waiver by the SkyDoc of that provision or right.

 

17. Governing Law and Jurisdiction

 

These SkyDocTerms shall be governed by the laws of India. In the event of any dispute between the Parties in relation to these Terms, the courts in Bangalore shall have exclusive jurisdiction.