USER TERMS OF SERVICE PLEASE READ THIS END USER LICENSE AGREEMENT ("USER AGREEMENT") CAREFULLY AND IN ITS ENTIRETY. THIS USER AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND ANYTIME DOCTOR, A COMPANY BASED IN CHENNAI, INDIA (HEREINAFTER REFERRED AS "ATD") AND IS OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN. BY CLICKING "I ACCEPT," YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ THIS USER AGREEMENT IN ITS ENTIRETY; (B) AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS; AND (C) ARE AUTHORIZED AND ABLE TO ACCEPT THIS USER AGREEMENT. These terms apply to www.anytimedoctor.in and its related websites owned and operated by ATD. ("www.anytimedoctor.in”, "Site", "Sites", "our", "us"). This website provides the Services, which are defined below, to you subject to the following Terms of Service, which may be updated by us from time to time without notice to you. You agree that by using the service you represent that you are legally able to enter into this Agreement and you certify to ATD that: (i) you are at least eighteen (18) years of age, or possess legal parental or guardian consent; (ii) you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein and you assume full responsibility for the use of the Service (as defined under Terms of Service below) by any minors; (iii) you agree that all information you have submitted through the Service, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the site/app; and, (iv) your use of the Service is subject to all applicable national, state, and local laws and regulations. Accessing the App/Website through any Medium, including but not limited to mobile phones, smart phones and tablets, are also subjected to these Terms and Conditions. These Terms and Conditions supersede all previous oral and written terms and conditions (if any) communicated to you. By using this App/Website, you signify your agreement to these Terms and Conditions as well as the Website’s www.anytimedoctor.in. The App/Website should not be used in cases of medical emergencies and ATD does not, and should not be considered in any form to be a substitute for a doctor or a hospital. We encourage you to independently verify any information you see on the App/Website with respect to a doctor ( healthcare provider) that you consult with. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Service or (ii) engaged in illegal or improper use of the service. ATD MAY CHANGE THIS AGREEMENT, ATD'S PRIVACY POLICY AND ATD'S CANCELLATION POLICY FROM TIME TO TIME, AND POST THOSE CHANGES HERE. ATD SHALL POST SUCH CHANGES AT LEAST THIRTY (30) DAYS BEFORE SUCH CHANGES BECOME EFFECTIVE, UNLESS SUCH CHANGES ARE IN RESPONSE TO A CHANGE IN LAW, JUDICIAL ORDER, OR AN URGENT CHANGE IN ATD'S BUSINESS, IN WHICH EVENT A SHORTER PERIOD MAY APPLY. YOU AGREE TO REVIEW THIS AGREEMENT FREQUENTLY TO NOTIFY YOURSELF OF SUCH CHANGES. YOU UNDERSTAND AND AGREE, HOWEVER, THAT YOU SHALL BE BOUND BY ALL SUCH CHANGES, IF ANY, REGARDLESS OF WHETHER YOU ACTUALLY RECEIVE SUCH NOTIFICATION. TERMS OF SERVICE Anytimedoctor.in is a Website/Apps that facilitates connecting patients and doctors online and this service is provided in a good faith (collectively, the "Service"). The Site/Apps may offer online Consulting subject to the Liability Disclaimer and Limitations sections below. You agree and acknowledge that ATD bears no responsibility for any of the consequences arising out of this Online Consulting and any costs incurred in this relation are solely your responsibility. SIGN UP PAGE, ACCOUNTS AND PERSONAL INFORMATION The Site/Apps contains many features, including the capacity to allow uploading, downloading and streaming of certain photographic and video content. While any visitor can view the site content, in order to fully use all anytimedoctor.in features, you must first register with the Site/Apps. If you wish to consult with a doctor or conduct a transaction on the App, you will have to register on the App and become a registered user ("ATD User") prior to the completion of consultation or any transaction on the App. To register onto the App, a user will have to have a Google account, the name, mobile number, email address will be taken from that account. User name and password will be maintained by Google. You may register with the Site and create a personal account ("Account") by fully and accurately completing the signup steps, and providing to ATD such fully accurate information as ATD may reasonably require, including without limitation, your name, street address, credit card number, email address, zip code and gender (collectively, "Personal Information"). You agree to keep all Personal Information updated and correct and to notify ATD immediately of any changes to your Account or Personal Information. Your Account is personal to you, and you may not share it or allow it to be used by anyone other than you. You are solely responsible to ensure that your Account is used only by you and in a manner consistent with this Agreement. ATD shall allow you to select your available google Account, subject to ATD's rules. You agree to keep such user name and password confidential, and not allow any third party to access or use such user name or password. You agree to indemnify and defend ATD and hold ATD harmless from and against any losses or liabilities arising from any disclosure or unauthorized use of your user name or password. An ATD User may wish to have a doctor consultation through his/her account for his/her family members and friends. While an ATD User will be able to do this, please note that such ATD User will be solely responsible for any activity that is undertaken through his/her account on behalf of his/her family members and friends. INTERACTION ON THE APP You understand and agree that any interactions and associated issues with the doctors (health care provider) on the App including but not limited to the medical outcomes and service issues, is strictly between you and the doctors (health care provider). You shall not hold ATD responsible for any such interactions and associated issues. ATD is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the doctor (health care provider) you interact with. If you decide to engage with a doctor (health care provider) to receive medical services to you, you do so at your own risk. The results of engaging with a doctor ( health care provider) on the App should not be construed as endorsement by this App of any such particular doctor or healthcare provider. The engagement of the doctor ( healthcare provider) will purely be based on the logic, “Doctor ( healthcare provider) who checked in first will provide the first consultation”. ATD shall not be responsible for any breach of service or service deficiency by any doctor ( healthcare provider). We cannot assure that all transactions will be completed nor do we guarantee the ability or intent of doctors or other health care providers to fulfil their obligations in any transaction. LINKS TO THIRD PARTIES The Site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of ATD and ATD is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ATD is not responsible for webcasting or any other form of transmission received from any Linked Site. ATD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ATD of the site or any association with its operators. For example, you may be able to find or book an ambulance or home delivery of medicines through the App. Please note that in the event you choose to avail any such third party services that are made available on the App, you will be absolutely and solely responsible for your interactions with such third party service providers. ATD shall not be held responsible for any lapses, shortcomings or deficiency of services by such third party service providers to you. INFORMATION UPLOADED BY YOU ON THE APP AND SHARING OF SUCH INFORMATION You understand that you may have the option of uploading your health / medical information on the Website in order to enable your doctor access your previous medical history. While ATD takes utmost care with respect to the security of the information you decide to upload, you understand that any information that you disclose on the App is at your own risk. By uploading / sharing / disclosing your medical information on the App, you hereby give your consent to ATD to store such health / medical information on ATD’s servers. ATD will retain such medical / health information you upload on the App for as long as it is needed to fulfil the service you seek to avail on the App. If you delete your account, ATD will delete such medical / health information. But please note: (1) there might be some latency in deleting this information from our servers and backup storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements. Unless you specifically consent to share information, medical or otherwise, with either doctors or third party service providers, ATD does not share such information that you upload on the App. While ATD takes utmost care with respect to the security of the information you decide to share, you understand that any information that you disclose on the ATD is at your own risk. In the event you do not trust ATD with such information, please do not share such information on the Website. SMS MESSAGES RECEIVED FROM THE APP You understand that once you register as an ATD User on the App, you will receive SMS messages from ATD on your registered mobile number. These messages could relate to your registration, transactions that you carry out through the App and promotions that are undertaken by ATD. Please note that ATD will send these SMS messages only to the registered mobile number or such other number that you may designate for any particular transaction. Further, ATD may also send notifications and reminders to you with respect to medicine intake scheduled for you by the doctors. Please note that while ATD endeavours to provide these notifications and reminders to you promptly, ATD does not provide any guarantee and shall not be held liable or responsible for the failure to send such notifications or reminders to you. It is your responsibility to ensure that you intake the medicines on time scheduled by the doctor or a health care provider through the App. CONSULTATION FEES AND PAYMENT Fees: You understand that ATD provides various Service. While some of these Services are provided for free, there are certain Services for which costs will be incurred by you, if you decide to avail such Services ("Paid Services"). In that case, ATD may provide billing services on behalf of the doctor or health care professional. If you wish to avail those Paid Services, you acknowledge that ATD will collect the payment for such Paid Services for and on behalf of the doctor or healthcare professional providing such clinical services. You acknowledge and confirm that ATD shall not be liable for the treatment or be treated as the health care provider on account of such collection of the payments or for provision of such Paid Services, for any reason whatsoever. Payment Methods: You may pay for Services by utilizing any of the following "Payment Methods": (i) by providing a valid credit card/debit card details or (ii) by using netbanking or any other payment methods. ATD will not accept cheques or establish any direct debit or payment from a bank account. ATD will automatically charge all Fees for selected Services and charge the primary Payment Method on your Account. Confirmation of that order will be sent to the email address of your Account. Your Payment Method must be kept valid if you have any active Services in your Account. No Refunds: PAYMENTS ARE NON-TRANSFERABLE, NON-REFUNDABLE AND THERE ARE NO REFUNDS FOR ANY REASON OR CREDITS FOR PARTIALLY USED PERIODS OR FOR REGISTERED USERS WHO HAVE NOT USED THEIR ACCOUNTS. No refunds will be given for lost login credentials. Non-payment: If for any reason ATD is unable to charge your Payment Method for the full amount owed for the Services purchased or ordered by you, or if ATD receives notification of a chargeback, reversal or payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, ATD may deem such non-payment or penalty a material breach of this Agreement by you. If such breach is not cured by you within 15 days after receiving notice from ATD, ATD may suspend any or all Services. If such breach is not cured by you within 15 days after receiving notice from ATD, ATD may pursue all available lawful remedies in order to obtain payment, an may immediately, without further notice to you, terminate any or all Services and/or purge ATD's systems of your Account and records. Termination: ATD reserves the right, in the event you breach these Terms of Use stipulated herein, to suspend and/or terminate your access to the App/Website with or without your notice. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access to the App/Website. Upon suspension or termination, your right to procure the Services on the App/Website shall immediately cease and ATD reserves the right to remove or delete your information that is available with the Company, including but not limited to login and account information. CLINICAL SUPPORT INFORMATION We may provide information to assist you in clinical decision-making. This may include information and reminders concerning drug interactions, allergies, dosages, as well as general health-care related information and resources. The information and materials available through the App are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. Information that may be placed on the App by third parties is beyond our control. We are not responsible for the accuracy or completeness of information available from or through our App. You assume full risk and responsibility for the use of information you obtain from or through this App, and you agree that ATD is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any provider of healthcare or health-related products, items or services, and the appearance of materials on the App relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the Services, and to make an independent determination of their suitability for your use. SELECTION OF DOCTOR ( healthcare provider) ON THE APP: ATD will choose a doctor ( healthcare provider) on your behalf based on the nature of services you request and on the doctor or healthcare professional available at that particular time to provide you with the clinical services for the same. Selection of doctors and health care providers are based on the information (such as symptoms of illness and gender) is provided by you. Please note that ATD does not make any representations or warranties with respect to these doctors (healthcare provider) or the quality of the healthcare services they may provide. ATD shall not be liable for any reason whatsoever for the services provided by the health care professional or doctor, and we bear no liability for the consequences to you, of your use of the Services. These terms and conditions can be accessed www.anytimedoctor.in. Read them carefully before seeking for a doctor consultation. NO DOCTOR - PATIENT RELATIONSHIP Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on the App/Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between ATD and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you get an appropriate medical care from a qualified practitioner. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the website. We do not in any way endorse any individual described herein. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information. NO MEDICAL ADVICE PROVIDED The Information that you obtain or receive from ATD, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the App/Website is for informational purposes only. All medically related information comes from independent health care professionals and organizations which are registered with ATD and to whom certain specific terms and conditions apply. The Information provided on the App/Website and in any other communications from or provided through ATD is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare professional because of advice that you may have obtained through the App/Website. LIMITATIONS Any use of the Site through your Account or otherwise must conform to the following: You will not redistribute any part of the Site or any content appearing on or visible through the Site, including, without limitation, commentary or postings. Except for permitted commentary and postings, you will not change, remove or add to any part of the Site. You will not gain access to or view content through any technology or means other than interface pages of the Site itself. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "worms," "Trojan horses," or other automated programs to access the Site. You will not obtain or attempt to obtain any personally identifiable information from any other users or third parties from the Site. You agree that ATD may add to, delete from or modify the Site at any time without notice and without permission from you or any third party. You agree that the content on the Site and the trademarks and service marks on the Site are owned by or licensed to ATD, and that you have no license or other rights of use with respect to the same. You may access others' commentary and postings on the Site solely for your own use. We do not monitor, vet or edit, and are not responsible for, any commentary or postings on the Site, and your reliance on such commentary or postings on the Site is at your own risk. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site, and you will not impersonate any third party or interfere with any third party's use of the Site. In using the Services, you must not (i) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. You agree to defend, indemnify and hold harmless ATD, its parent, officers, directors, employees and agents, from and against any and all claims, damages, threats, suits, proceedings, losses and liabilities (including attorneys' fees) arising from or related to: (i) your use of and access to the Site; (ii) your violation of this Agreement; (iii) your violation of any third party right, including, without limitation, any copyright, property or privacy right; or (iv) any claim that one of your commentary or postings caused damage to a third party. This defence and indemnification obligation will survive the expiration or termination of this Agreement. LIABILITY DISCLAIMER The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. ATD may make improvements and/or changes in the Site at any time. Advice received via the Site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. ATD makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related instructions contained on the web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related instructions are provided "as is" without warranty or condition of any kind. ATD hereby disclaims all warranties and conditions with regard to this information, software, products, services and related instructions, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, in no event shall ATD be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of web site, with the delay or inability to use the web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related instructions obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if ATD or any of its licensed partners has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site. FORCE MAJEURE ATD will not be directly responsible for break or disruption of Services on account of force majeure circumstances, making it impossible to render the Service to you. However you shall continue to pay all charges as per the terms of the Agreement notwithstanding the force majeure conditions. GOVERNING LAW and DISPUTE RESOLUTION These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto. For any dispute between you and ATD, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 90 days of the dispute being notified in writing such dispute shall be settled by a sole arbitrator to be appointed by mutual consent of the parties to the dispute. The arbitration shall be held at Chennai and the same shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 and amendments thereto. JURISDICTION Any dispute shall be subject to the exclusive jurisdiction of the Courts in Chennai only. GENERAL TERMS Revisions to the Terms: We reserve our rights to revise the Terms of Service at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms. Severability; Waiver: If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future). Assignment: Any attempt by you to assign or delegate these Terms of Service shall be null and void. ATD may assign these Terms of Service at its sole discretion. CONTACTING ATD If you have questions, please contact us at support@anytimedoctor.in