TERMS & POLICY

Cancellation & Refund Policy

At Janus Concepts and Solution( “Company” or “We”, which also includes its affiliates ), we do our best to ensure that you are satisfied with the services or products that you purchase using the Company’s website https://www.docsnear.me(our “Website”) or the mobile or desktop application named DNM-second opinion App (“App”). Consequently, we offer returns or refunds for cancelled appointments or orders in accordance with this Cancellation / Refund Policy.

• Consent to Policy

  Please read this policy carefully to understand our cancellation and refund policies. By using the Website or App or by otherwise placing any order for products or reserving for any services using the Website or App, you will be deemed to have read, understood and agreed to this cancellation / refund policy and agree to be bound by it. If you do not agree with our policies and practices, your choice is not to use our Website or App and the services or products offered to you. If you use the Website or App on behalf of someone else (such as your child) or an entity (such as your employer), you represent that you are authorized by such individual or entity to (i) accept this cancellation / refund policy on such individual’s or entity’s behalf, and (ii) consent on behalf of such individual or entity to our collection, use and disclosure of such individual’s or entity’s information as described in this cancellation / refund policy.



• Appointment Fee

  A user may cancel an appointment made with any service provider by clicking the “Reschedule” button on the Website or App and follow the link accordingly. A user may also cancel or reschedule an appointment by calling on our customer care helpline number +91 9924325771. As soon as the appointment is cancelled or rescheduled, the user will receive a confirmation email and/or message on the registered email and/or mobile number. The user may reschedule or cancel an appointment only once for each appointment made and then the user will have to take a new appointment. In the event the user cancels an appointment, then the Company shall refund the entire Appointment Fee on or before fourteen (14) business days from the cancellation time to the same account that was used to make the appointment. In the event the user reschedules an appointment, the Appointment Fee already paid will continue to apply and remain valid for the rescheduled appointment.



• Cancellation of Appointments by Service Providers

  Service providers may cancel or reschedule appointments made by users in case of emergencies or other unforeseen circumstances. In the event of such cancellation or rescheduling, the user will be informed in advance by the service provider and only upon confirmation by the user, the appointment may be rescheduled for another date/time. As soon as the appointment is cancelled or rescheduled, the user will receive a confirmation email and/or message on the registered email and/or mobile number. In the event of any such cancellation by the service provider, the Company shall refund the entire amount paid by the user at the time of placing the order within Fourteen business days to the same account used to place the order.



• Data Security

  We have implemented reasonable measures designed to secure your information from accidental loss and from unauthorized access, use, alteration, and disclosure. Any payment transactions will be encrypted and processed through secure sites of approved payment gateways. Safety and security of your information also depends on you. Where we have given you or where you have chosen a password for access to certain parts of our Website or App, you are responsible for keeping it confidential. We ask you not to share your password with anyone. Further, you have an option of not saving your banking or financial information, including details of your debit or credit card, on the Website or app, so that you may reduce the risk of such information being accessed by any third party.

  For remaining terms regarding the security of your data, please read our Privacy Policy.



• Changes to Our Cancellation / Refund Policy

  We reserve the right to change, modify, add or delete portions of the terms of this cancellation / refund policy, at our sole discretion, at any time. It is our policy to post any changes we make to our cancellation / refund policy on this page. The date the cancellation / refund policy was last revised is identified at the top of the page. Your continued use of the Website or App after the changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. You are responsible for periodically visiting our Website or App and this cancellation / refund policy to check for any changes.



• Use by Minors

  The Website and the App are not meant to be used by or intended for minors. The Company strongly advises the parents or guardians to supervise the use of the Website or App by their minor children. Any use of the Website or the App and making payment on the Website or App is deemed to have been made such minor’s parents or guardians.



• Dispute Resolution and Governing Law

  All matters relating to the cancellation or refund policy and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of India. At the Company’s sole discretion, it may require you to submit any disputes arising from the use of this cancellation or refund policy, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to arbitration in Lucknow by a sole arbitrator to be appointed by the Company under the Arbitration and Conciliation Act 1996. The arbitrator’s decision shall be reasoned, in English, final and binding on you and the Company. Subject to arbitration, any legal suit, action or proceeding arising out of, or related to, this privacy policy shall be instituted exclusively in the courts in Hyderabad, India. You waive any and all objections to the exercise of jurisdiction over you by such courts.

User Agreement

User Agreement and Terms of Service
Welcome, and thank you for using “DocsNear.Me”. When you use “DocsNear.Me”, you are agreeing to the terms of service, so please take a few minutes to read over the user agreement.
This User Agreement and Terms of Service (Terms/ Agreement) are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. These Terms are an ‘electronic record’ as contemplated under section 2(t) of the Information Technology Act, 2000 and the Rules thereunder. These Terms being an electronic record are generated by a computer system and do not require any physical or digital signatures. By doing “sign up” you agree to enter into a legally binding agreement.

Introduction

DocsNear.Me is Digital Health Platform to connect schools, parents, medical practitioners health workers and social workers for collecting basic health parameters and providing insightful, healthy suggestions based on parameters for monitoring the health and growth of an individual. It also provides on demand second opinion health services.

• Purpose

  DocsNear.Me is a Digital Health Platform for the purpose of health monitoring and uplifting the health conditions of school kids and makes the collected information available anywhere, anytime. Registered Users (“School,” “Parents,” “Health workers,” “Health Providers,” Patients and etc.) may share their kid’s/ ward’s basic health parameters to get the professional opinion of kid’s general health. It can be helpful to “Schools” in guiding and maintaining good health of children. ”Parents” may also monitor the health of their kid(s) and may enable to take a timely decision depending on their sole discretion. Registered Users acknowledge that professional opinion of the Kid’s general health will be provided by third party medical experts/ doctors. Such opinion will be available online and accessible to various other service providers being third parties.

• Agreement

  When you use our Services, you are entering into a legal agreement and you agree to all of these terms. You also agree to our Privacy Policy, which covers how we collect, use, share, and store personal information.
  You agree that by clicking “Sign Up” or similar, registering, accessing or using our app, any content or information provided as part of these services, you are entering into legally binding agreement (even if you are using our services on behalf of a company, school, institution, individual or hospitals).
  This “Agreement” includes this User Agreement and the Privacy Policy, and other terms that will be displayed to you at the time you first use or appropriate. This agreement applies to both registered and guest users.

• Services
  • Services available through DocsNear.Me

    • Access to Digital Health Platform

    • Basic health data collection for school kids

    • Providing opinion on collected Data based on WHO standard

    • Providing collective view of school kids health through website and mobile app

    • Providing second opinion as per the request

    Providing view of kid’s health to medical practitioners
  • Service Eligibility

    Here are some promises you make to us in this Agreement: You are eligible to enter into this Agreement and you are at least of “Minimum Age”. To use the Services, you agree that (1) you must be the “Minimum Age” or older defined by law of country; (2) you will only have one “DocsNear.Me” account, which must be in your real name; and (3) You are not already restricted by “DocsNear.Me” from using the Services.

  • Your Membership

    You’ll keep your password a secret.
    You agree to (1) Try to choose a strong and secure password; (2) Keep your password secure and confidential; (3) Not transfer any part of your account (e.g. connections, group, medical history) and (4) Follow the law and the Dos and Don’ts below. You are responsible for anything that happens through your account unless you close it.

  • Notices and Service Messages

    You unconditionally and explicitly extend your consent to receive transactional messages and well as Promotional messages/ notices.
    You agree that we may provide notices to you in the following ways: (1) a banner notice; (2) an email sent to an address you provided; and (3) through other means including messages on your mobile.
    You agree to keep your contact information up to date. If the contact information provided by you is not up to date, you may miss out on these notices.
    

  • Messages and sharing

    When you share information (including but not limited to content, feedback and personal information and etc.), others can see, copy and use that information. Our Services allow messaging and sharing of information in many ways, such as your profile, posts, feeds, and blogs. Information that you share or post may be seen by other members or, if public, by Guest Users. You take full responsibility of the information shared by you and agree to indemnify DocsNear.Me in this regard.

• Rights and Limits
  • Your License to DocsNear.Me

    You own all the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to use it.
    You promise to only provide information and content that you have the right to share, and that your DocsNear.Me profile will be truthful.
    As between You and DocsNear.Me you own the content and information that you submit or post to the Services and you are only granting DocsNear.Me the following non-exclusive license. A worldwide transferrable and sub licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you and others. These rights are limited in the following ways:

    • You can end this license for specific content by deleting such content, or generally by closing your account except (a) to the extent you shared with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems except the automatic backup stored in the system in encrypted mode.
    • You agree to only provide content or information if that doesn’t violate the law nor anyone’s rights (e.g. without violating any intellectual property rights or breaching a contract).
  • Service Availability

    We may change or discontinue any of our Services. We can’t promise to store or keep showing any information and content you’ve posted.
    We may change, suspend or end any Service, or change or modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you. If you keep on accessing the Services it will be considered as your consent to the changes and modification of the prices.

  • Other Content, Sites and apps

    While accessing our Services you see or use content and information posted by other persons as “user generated content”, it’s at your own risk. We do not take any responsibility with regard to any user generated content and by using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. DocsNear.Me reserves the right but is NOT UNDER THE OBLIGATION to review user generated content provided by our Guest Users and Members. You agree that we are not responsible for user generated content or third parties (including other Members, Guest Users and etc.) content or information or for any damages as result of your use of or reliance on it.
    You are responsible for deciding if you want to access or use any suggestion, help, recommendation provided by Members (Doctors, Swasthya Mitra), DocsNear.Me is not responsible for it.

  • Limits

    We have the right to limit how you connect and interact on our Services. We are providing you notice about our intellectual property rights.
    DocsNear.Me reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. DocsNear.Me reserves the right to restrict, suspend, or terminate your account if DocsNear.Me believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do and Don’ts). DocsNear.Me reserve all of its intellectual property rights in the Services.

  
  
• Disclaimer and Limit of Liability
  • No Warranty

    This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
    TO THE EXTENT ALLOWED UNDER LAW, DocsNear.Me (AND THOSE THIRD PARTIES THAT DocsNear.Me WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON INFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

  • Exclusion of Liability

    These are the limits of legal liability we may have to you. TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS DOCSNEAR.ME HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), DOCSNEAR.ME (AND THOSE THAT THOSE THIRD PARTIES DOCSNEAR.ME WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT) OR BASED ON WARRANTY, CONTRACT, NEGLIGENCE TORT OR IN ANY OTHER MEANS OR ACTION.
    WITHOUT PREJUDICE, YOU AGREE THAT IN NO EVENT SHALL THE LIABILITY (INCLUDING A CLAIM FOR ANY DAMAGES OR CLAIMS) OF DOCSNEAR.ME (INCLUDING AFFILIATES, ASSOCIATES AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, AGENTS, SHAREHOLDERS AND PARTNERS) EXCEED IN AGGREGATE IN EXCESS OF THE PRICE PAID BY YOU AGAINST INDIVIDUAL TRANSACTION FOR AVAILING SERVICES EVEN IF DOCSNEAR.ME HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
    SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
    
    SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.



• Termination

  We can each end this agreement anytime we want.
  DocsNear.me or you may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Members’ and/or Guest Users ‘ right to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;


• Dispute Resolution

  In the unlikely event we end up in a legal dispute, it will take place in Lucknow courts, applying Indian law.
  You agree that the laws of India, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the courts of Lucknow, India and we each agree to personal jurisdiction in those courts.



• General Terms

  Here are some important details about how to read the Agreement. If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.