Terms of Use
1. NATURE AND APPLICABILITY OF TERMS OF USE:
Please carefully go through these terms of use (“Terms”) and the
privacy policy available at www.docthub.com (“Privacy
Policy”) before you decide to access the Website or Mobile app or
avail the services made available on the Website and Mobile app by
Docthub. These Terms of Use and the Privacy Policy together
constitute a legal agreement (“Agreement”) between you and Docthub
in connection with your visit to the Website, Mobile app and your
use of the Services (as defined below).
The Agreement applies to you whether you are -
g) The Users have the facility to (i) create and maintain ‘User Accounts’, (ii) search for Individual Users/ hospitals/ institute by name, specialty, and geographical area, or any other criteria that may be developed and made available by Docthub, (iii) to make an request/ post an job application or requirement announcement to publish among the users or visitors of the website, and (iv) download the standard medical templates/ documentations/ policies etc.
h) The Services may change from time to time, at the sole discretion of Docthub, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
j) By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Terms of Use and Privacy Policy as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
k) We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you via email or SMS, You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
l) You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
m) Your access to use of the Website and the Services will be solely at the discretion of Docthub.
n) The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- The Indian Contract Act, 1872,
- The (Indian) Information Technology Act, 2000, and
2. CONDITIONS OF USE:
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Docthub that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
3. TERMS OF USE APPLICABLE TO ALL USERS:
The terms in this Clause 3 are applicable only to Users.
3.1. END-USER ACCOUNT AND DATA PRIVACY
3.1.1. The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
3.1.2. Docthub may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Docthub’s services and to build new services.
3.1.3. The Website allows Docthub to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of website services and for obtaining feedback in relation to the Individual Users and their practice.
3.1.4. The Privacy Policy sets out, inter-alia:
The type of information collected from Users, including sensitive personal data or information;
The purpose, means and modes of usage of such information;
How and to whom Docthub will disclose such information; and,
Other information mandated by the SPI Rules
3.1.5. The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
i. the fact that certain information is being collected;
ii. the purpose for which the information is being collected;
iii. the intended recipients of the information;
iv. the nature of collection and retention of the information; and
v. The name and address of the agency that is collecting the information and the agency that will retain the information; and
vi. The various rights available to such Users in respect of such information.
3.1.6. Docthub shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Docthub or to any other person acting on behalf of Docthub.
3.1.7. The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Docthub of any actual or suspected unauthorized use of the User’s account or password. Although Docthub will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Docthub or such other parties as the case may be, due to any unauthorized use of your account.
3.1.8. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Docthub has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Docthub has the right to discontinue the Services to the User at its sole discretion.
3.1.9. Docthub may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.2. END-USER ACCOUNT AND DATA PRIVACY
3.2.1. The Services provided by Docthub or any of its licensors or service providers are provided on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Docthub does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Docthub does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Docthub disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users or Service Providers, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Docthub or any User in relation to any User or services provided by such User or Service Provider.
3.2.2. The Website may be linked to the website of third parties, affiliates and business partners. Docthub has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Docthub endorses the linked site. User may use the links and these services at User’s own risk.
3.2.3. Docthub assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
3.2.4. If Docthub determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Docthub reserves the right to immediately suspend your access to the Website or any of your accounts with Docthub and makes such declaration on the website alongside your name/your clinic/ hospitals/ institute’s name as determined by Docthub for the protection of its business and in the interests of Users. You shall be liable to indemnify Docthub for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Docthub or its Users.
3.3. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS:
3.3.1. The contents listed on the Website are (i) User generated content, or (ii) belong to Docthub. The information that is collected by Docthub directly or indirectly from the End- Users and the Individual Users/ hospitals/ institutes shall belong to Docthub. Copying of the copyrighted content published by Docthub on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Docthub reserves its rights under applicable law accordingly.
User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.4. REVIEWS AND FEEDBACK:
By using this Website, you agree that any information shared by you with Docthub or with any doctor/ hospital/ institute/ clinic will be subject to our Privacy Policy.
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Individual Users, hospitals, institutes, clinics or other Individual Users. The role of Docthub in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Docthub disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Docthub shall not be liable to pay any consideration to any User for re-publishing or downloading any content across any of its platforms.
Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Docthub, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Docthub may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
a. Obtaining feedback in relation to Website or Docthub’s services; and/or
b. Obtaining feedback in relation to any Individual Users, hospitals, institute, clinics listed on the Website; and/or
c. Resolving any complaints, information, or queries by users regarding your Critical Content;
And you agree to provide your fullest co-operation further to such communication by Docthub. Docthub’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
4. TERMS OF USE FOR INDIVIDUAL USERS:
The terms in this Clause 4 are applicable only to Individual Users.
4.1. PROFILE OWNERSHIP AND EDITING RIGHTS
Docthub ensures easy access to the Individual Users by providing a tool to update your profile information. Docthub reserves the right of ownership of all the individual user’s profile and photographs and to moderate the changes or updates requested by Individual Users. However, Docthub takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Docthub’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Docthub may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.2. PROFILE OWNERSHIP AND EDITING RIGHTS
4.2.1. All Critical Content is content created by the Users of www.Docthub.com (“Website”) and the clients of Docthub customers and Individual Users and Providers, including the End-Users. As a platform, Docthub does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of Docthub and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 5 of these Terms. Docthub’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
4.2.2. Docthub reserves the right to collect feedback and Critical Content for all the Medical Students, Resident Doctors, Medical Practitioners, Individual Users, Clinics and Healthcare Providers listed on the Website.
4.2.3. Docthub shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
4.2.4. You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Docthub shall not be liable for any effect on Healthcare Professional and Provider’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Docthub however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in 5 of these Terms.
4.2.5. Docthub will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
4.2.6. If Docthub determines that you have provided inaccurate information or enabled fraudulent feedback, Docthub reserves the right to immediately suspend any of your accounts with Docthub and makes such declaration on the website alongside your name/your hospitals/ institute/ clinics name as determined by Docthub for the protection of its business and in the interests of Users.
4.3. RELEVANCE ALGORITHM
Docthub has designed the relevance algorithm in the best interest of the Users/ End-User/ Service Providers and may adjust the relevance algorithm from time to time to improve the quality of the results given to the users. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Individual Users or Providers. Docthub shall not be liable for any effect on the Healthcare Professional or Provider’s business interests due to the change in the Relevance Algorithm.
4.4. INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Docthub.
4.5. DOCTHUB REACH RIGHTS
Docthub reserves the rights to display sponsored ads on the Website. These ads would be marked as “Ads”. Without prejudice to the status of other content, Docthub will not be liable for the accuracy of information or the claims made in the Sponsored ads. Docthub does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Docthub will not be liable for the services of the providers of the Sponsored ads.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Docthub accepts no liability for the same.
5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
5.1. As mandated by Regulation 3(2) of the IG Rules, Docthub hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
A. belongs to another person and to which the User does not have any right to;
B. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
C. harm minors in any way;
D. infringes any patent, trademark, copyright or other proprietary rights;
E. violates any law for the time being in force;
F. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
G. impersonate another person;
H. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
I. threatens the unity, integrity, defense, 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.
5.2. Users are also prohibited from:
A. violating or attempting to violate the integrity or security of the Website or any Docthub Content;
B. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Docthub;
C. intentionally submitting on the Website any incomplete, false or inaccurate information;
D. making any unsolicited communications to other Users;
E. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
F. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
G. copying or duplicating in any manner any of the Docthub Content or other information available from the Website;
H. Framing or hot linking or deep linking any Docthub Content.
I. Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
5.3. Docthub, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Docthub shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
6. TERMINATION
6.1. Docthub, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Docthub shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
A. Such User breaches any terms and conditions of the Agreement;
B. A third party reports violation of any of its right as a result of your use of the Services;
C. Docthub is unable to verify or authenticate any information provide to Docthub by a User;
D. Docthub has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
E. Docthub believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Docthub or are contrary to the interests of the Website.
6.2. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record/ information data keeping process and practices.
7. LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Docthub, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
a. provision of or failure to provide all or any service by Individual Users or Providers to Users contacted or managed through the Website;
b. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
c. any unauthorized access to or alteration of your transmissions or data; or
d. Any other matter relating to the Website or the Service.
8. RETENTION AND REMOVAL
Docthub may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
9. APPLICABLE LAW AND DISPUTE SETTLEMENT:
9.1. You agree that this Agreement and any contractual obligation between Docthub and User will be governed by the laws of India.
9.2. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Docthub. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Rajkot. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
9.3. Subject to the above Clause 9.2, the courts at Rajkot shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
10. Docthub “Dos and Don’ts”
10.1. Dos:
a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
b. Provide accurate information to us and keep it updated;
c. Use your real name on your profile; and
d. Use the Services in a professional manner
10.2. Don’ts:
a. Create a false identity on Docthub, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
b. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
c. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
d. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Docthub;
e. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer/ institute/ organization/ college/ association/ society);
f. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
g. Violate the intellectual property or other rights of Docthub, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Docthub” or our logos in any business name, email, or URL;
h. Post anything that contains software viruses, worms, or any other harmful code;
i. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
j. Imply or state that you are affiliated with or endorsed by Docthub without our express consent (e.g., representing yourself as an accredited Docthub trainer);
k. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Docthub’s consent;
l. Deep-link to our Services for any purpose other than to promote your profile or activity or academic course or event or a Group on our Services, without Docthub’s consent;
m. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
n. Monitor the Services’ availability, performance or functionality for any competitive purpose;
o. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
p. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
q. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
r. Violate the Privacy Policy or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.
11. PUBLISHING ANY MATERIAL ON DOCTHUB PLATFORM:
Docthub provide the publishing platform a superlative platform for healthcare and/or medical professionals to empower your professional footprint by sharing knowledge. This guidelines has to use while using this platform by all Users or Entity (Organization/ institute/ college society/ association);
Content published on Docthub's platform remains your work. You own the rights to any original articles you publish.
11.1. You can request to delete any of your published content on our platform at any time.
11.2. Docthub can distribute your content, annotate your content (e.g., to highlight that your views may not be the views of Docthub), and sell advertisement on pages where your content appears.
11.3. Expect that your articles will be publicly available and can be shared.
11.4. Postings for job openings or for job opportunities or academic information or information related to academic courses like notices, fee, bond, stipend, exam, result, dates are don't belong to our publishing platform.
11.5. Advertisements and promotions for events, products, or services aren't appropriate content for article publishing. Advertisements can be acquired using Docthub Marketing services.
11.6. Remember to be professional and don't post anything misleading, fraudulent, obscene, threatening, hateful, defamatory, discriminatory, or illegal.
11.7. You're responsible for the content of your articles, including any harm caused by you to others, or harm caused to you through your use of this service or harm to any entity (Organization/ enterprise/ company/ institute/ college/ association/ society/NGO/ Hospital/Clinic).
11.8. Docthub may restrict, suspend, or terminate your Docthub
account and/or disable your articles for any violation of the Term
of Use Agreement. Please refer to our Terms of Use for full details.
11.9. Docthub will disable accounts found using infringing content.
Don't publish anything you don't have permission to share. This includes other people or institute or organization's articles, information that you've found on the Internet, or content that belongs to your employer/ institute/ organization but not you. Most content on the Internet belongs to someone, and unless you have clear permission from the owner to share it, you shouldn't include it in your articles or publication. You can republish something that you have published somewhere else, as long as it is original content that you own its rights to.
12. CONTACT INFORMATION GRIEVANCE OFFICER
In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
13. SEVERABILITY
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
14. WAIVER
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Docthub. Any consent by Docthub to, or a waiver by Docthub of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.