GENERAL TERMS & CONDITIONS

Opentreatment Private Limited (referred to as "we", "us", "OpenTreatment") is the author and publisher of the internet resource https://www.opentreatment.in/, www.opentreatment.app (together referred to as "Websites") on the world wide web as well as other connected software and applications provided by OpenTreatment, and together with Websites referred to as "Services"). OpenTreatment provides the Services in partnership with its agents, affiliates, associates, representatives or other third parties (together referred to as "Partners").

1. NATURE AND APPLICABILITY OF TERMS

Please read these Terms and Conditions ("Terms") carefully, along with the Privacy Policy available at https://www.opentreatment.in/, before accessing the Website or using any of the Services we provide. These Terms and the Privacy Policy together form a legally binding agreement ("Agreement") between you and OpenTreatment governing your access to the Website and your use of the Services (as defined below).

This Agreement applies to all users of the Website and Services, including patients, their representatives, attendants, relatives, friends, affiliates, and any person accessing or using the Website (collectively, "User" or "you").

By accessing or using the Website or any Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree with any part of these Terms, you must not use the Website or the Services.

OpenTreatment may modify, update, suspend, or discontinue the Services or this Agreement at any time. Your continued use of the Website after any such changes constitutes your acceptance of the revised Agreement.

This Agreement, together with the Privacy Policy and any additional terms or policies published on the Website, governs your use of the Website and the Services and supersedes all prior communications relating thereto.

This Agreement is governed by the laws of India, including the Indian Contract Act, 1872, the Information Technology Act, 2000, DPDP Act,2023 and the rules and regulations made thereunder.

2. CONDITIONS OF USE

You must be at least eighteen (18) years of age and legally competent to access, register on, or use the Website and its Services. By accessing or using the Website, you represent and warrant that you are at least 18 years old and have the legal authority and capacity to enter into this Agreement and comply with its terms.

If you are accessing or using the Website on behalf of another individual or entity, you represent and warrant that you are duly authorized to do so and agree to be bound by this Agreement on their behalf.

You agree to use the Website and Services only for lawful purposes and in accordance with this Agreement and all applicable laws and regulations. OpenTreatment reserves the right to suspend or terminate your access to the Website if it reasonably believes that you have violated these Terms or applicable law.

3. END-USER ACCOUNT AND DATA PRIVACY

3.1 User Account

To access certain Services, you may be required to create a user account and provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your login credentials and for all activities carried out through your account. You agree to promptly notify OpenTreatment of any unauthorized access to or use of your account.

3.2 Collection and Processing of Personal Data

OpenTreatment collects, stores, uses, and processes your personal data, including health-related information, solely for lawful purposes such as providing healthcare services, facilitating consultations, managing appointments, improving user experience, complying with legal obligations, and other purposes disclosed in our Privacy Policy.

Your personal data will be processed only with your valid consent or as otherwise permitted under applicable law, including the Digital Personal Data Protection Act, 2023 ("DPDP Act").

3.3 Data Sharing

OpenTreatment may share your personal data only with healthcare professionals, diagnostic laboratories, pharmacies, technology service providers, payment partners, or governmental authorities where necessary for providing the Services, complying with legal obligations, or as otherwise permitted under applicable law. All such recipients shall be subject to appropriate confidentiality and security obligations.

3.4 Privacy Policy

Our collection, use, storage, disclosure, and protection of personal data are governed by our Privacy Policy, which forms an integral part of these Terms. By using the Website or Services, you acknowledge that you have read and understood the Privacy Policy and consent to the processing of your personal data in accordance with its provisions.

4. LISTING CONTENT AND DISSEMINATING INFORMATION

  • OpenTreatment collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Doctors listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Such display of information about the Practitioners shall not be construed as advertising or soliciting their services. OpenTreatment takes reasonable efforts to ensure that such information is updated at frequent intervals. OpenTreatment cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
  • OpenTreatment and its Partners do not provide or make any representation, warranty or guarantee, express or implied about the Website, the Services. OpenTreatment and its Partners do not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, OpenTreatment and its Partners disclaim all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by OpenTreatment or its Partners or any User in relation to any User or services provided by such User.
  • The Website may be linked to the website of third parties, affiliates, and business partners. OpenTreatment 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. The inclusion of any link on the Website does not imply that OpenTreatment endorses the linked site. Users may use the links and these services at the User’s own risk.
  • OpenTreatment and its Partners assume 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, the User’s sole remedy is to discontinue using the Website.
  • If OpenTreatment determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete or false information, OpenTreatment reserves the right to immediately suspend your access to the Website or any of your accounts with OpenTreatment and makes such declaration about suspension on the website alongside your name as determined by OpenTreatment for the protection of its business and in the interests of Users. You shall be liable to indemnify OpenTreatment and its Partners for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected OpenTreatment, its Partners or its Users.

5. BOOKING APPOINTMENTS, DIAGNOSTIC TESTS, ORDERING MEDICINES AND INTERACTION WITH MEDICAL SERVICE PROVIDERS

  • While OpenTreatment will try to ensure a confirmed appointment with a medical service provider for a User who requested an appointment on the Website, OpenTreatment or its Partners do not guarantee that the User will get a confirmed appointment. Further, OpenTreatment and its Partners have no liability if such an appointment is confirmed but later cancelled, postponed or rescheduled by the hospital or medical service provider, or the medical service provider is not available as per the given appointment time.
  • OpenTreatment or its Partners may provide value-added services that connect Users directly to the medical service providers via video call, voice call, text message, whatsapp, online chat or other electronic means and the information exchanged between the User and the medical service provider is stored and used by the Privacy Policy. However, it is at the discretion of the User, to avail such Service if it is available.
  • You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences are strictly between you and the other Users. You shall not hold OpenTreatment or its Partners responsible for any such interactions and associated issues and OpenTreatment will not be held responsible or liable for the same. For the avoidance of doubt, the Services are not to provide any healthcare or medical advice or diagnosis and hence OpenTreatment and its Partners are not responsible for any medical or other outcomes between you and the medical service providers you interact with, according to any interactions on the Website. If you decide to engage with a medical service provider to provide medical services to you, you do so at your own risk. OpenTreatment or its Partners shall not be responsible for any breach of service or service deficiency by any medical service provider you connect, engage with using the Website. We advise you to perform your investigation or get feedback before selecting a doctor or any other service provider available on the Website.
  • Without prejudice to the generality of the above, OpenTreatment or its Partners will not be liable for:
    • any wrong medication or treatment quality being given by the doctor(s), the diagnostic service provider(s), pharmacy(s), or any medical negligence on part of the any of the above;
    • any type of inconvenience suffered by the User due to a failure on the part of the medical service provider including doctor to make himself/herself available at the appointed time, no show by the doctor, inappropriate treatment, or similar difficulties;
    • cancellation or rescheduling of booked appointment or any variance in the fees charged;
    • any medical eventualities that might occur after using the services of a doctor, diagnostic lab services, pharmacy, whom the User has selected based on the information available on the Website or with whom the User has booked an appointment or performed a transaction through the Website.

Further, OpenTreatment shall not be liable, under any event, for any comments or feedback given by any of the Users about the services provided by another User. All such feedback should be made by applicable law. The option of Users to give feedback remains at OpenTreatment’s sole discretion and may be modified or withdrawn at its sole discretion. OpenTreatment may moderate such feedback at any time. OpenTreatment shall not be obliged to act in any manner to give effect to the content of Users’ feedback.

6. NO DOCTOR-PATIENT RELATIONSHIP

  • Some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the 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 and patient relationship, between OpenTreatment 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 with locating appropriate medical care from a qualified practitioner.
  • It is hereby expressly clarified that the Information that you obtain or receive from OpenTreatment, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. In no event shall OpenTreatment be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
  • The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are a User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service, hospital, doctor or appropriate medical professional directly.

7. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

7.1 Ownership of Content

Unless otherwise stated, the Website, including its design, text, graphics, logos, images, software, databases, audio-visual material, trademarks, service marks, and all other content ("Content"), is owned by or licensed to OpenTreatment and is protected under applicable intellectual property laws, including the Copyright Act, 1957 and the Trade Marks Act, 1999.

7.2 Limited Licence

OpenTreatment grants you a limited, non-exclusive, non-transferable, and revocable licence to access and use the Website solely for your personal, non-commercial use and in accordance with these Terms. No ownership or intellectual property rights are transferred to you by virtue of such access or use.

7.3 Restrictions on Use

You shall not, without the prior written consent of OpenTreatment:

  • copy, reproduce, modify, distribute, publish, transmit, display, sell, license, or commercially exploit any Content;
  • reverse engineer, decompile, or attempt to extract the source code of any software on the Website;
  • remove or alter any copyright, trademark, or proprietary notices; or
  • use any Content in a manner that infringes the intellectual property or other rights of OpenTreatment or any third party.

7.4 User Content

Where you upload or submit any information, documents, reviews, or other content through the Website, you represent that you have all necessary rights to do so. You retain ownership of such content but grant OpenTreatment a worldwide, non-exclusive, royalty-free licence to use, reproduce, store, process, and display such content solely for providing, operating, improving, and maintaining the Services, subject to applicable law and our Privacy Policy.

7.5 Conditions of Access

Your access to the Website is subject to compliance with these Terms. OpenTreatment reserves the right to suspend, restrict, or terminate your access without prior notice if it reasonably believes that you have violated these Terms, infringed any intellectual property rights, engaged in unlawful activity, or used the Website in a manner that may harm OpenTreatment, its users, or any third party.

7.6 Reservation of Rights

All rights not expressly granted under these Terms are reserved by OpenTreatment and its licensors.

8. REVIEWS AND FEEDBACK

By using the Website, you agree that any personal information, health information, or other content submitted by you will be collected, processed, stored, and used in accordance with our Privacy Policy. You are solely responsible for the accuracy, legality, and authenticity of any reviews, ratings, feedback, comments, or other content ("User Content") you submit. You represent that your User Content does not infringe the rights of any third party or violate any applicable law. OpenTreatment acts only as an intermediary in respect of User Content and does not endorse or assume responsibility for any content posted by users. We reserve the right to review, moderate, refuse, edit, or remove any User Content that violates these Terms or applicable law.

By submitting User Content, you grant OpenTreatment a non-exclusive, worldwide, royalty-free licence to use, reproduce, display, and publish such content solely for operating, maintaining, and improving the Website and Services. You further agree that OpenTreatment may contact you through email, telephone, SMS, WhatsApp, or other electronic means to obtain feedback, verify information, resolve complaints, or respond to queries relating to your use of the Website or the Services, and you agree to reasonably cooperate with such communications.

9. INTELLECTUAL PROPERTY RIGHTS

  • The contents of the Website and App are protected by intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and App are prohibited. The logos, service marks and trademarks displayed on the Website are the property of OpenTreatment or its Partners or have been licensed to OpenTreatment or its Partners by the relevant owners for use. The User may use this material only as expressly authorized by OpenTreatment or its Partners and shall not copy, transmit or create derivative works of such material without express authorization from OpenTreatment or its Partners.
  • The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or another proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. Nothing on the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from OpenTreatment.

10. DISCLAIMER OF WARRANTIES

  • All information available on the Website, (the “Information”) is provided on the condition that the User will make an independent determination in respect of its accuracy, completeness or usefulness suitability before use or making any decision for any loss or damage in reliance hereof. OpenTreatment and its Partners will not be responsible for the same. Further OpenTreatment and its Partners will not be responsible or liable in any manner for any data added, provided, stored or managed by the User including all personally identifiable information
  • The Information does not constitute an invitation or recommendation to take medical services from OpenTreatment or its Partners nor is such Information a substitute for professional advice or solicitation in respect of medical services/ products or recommendations thereof. OpenTreatment urges the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other information.

11. LIMITATION OF LIABILITY

The information, content, and materials available on the Website are provided for general informational purposes only and may contain errors, omissions, inaccuracies, or typographical mistakes. While OpenTreatment makes reasonable efforts to ensure that the information published on the Website is accurate and up to date, it does not warrant or guarantee the accuracy, completeness, reliability, or suitability of any information or content available on the Website.

The Website and all Services are provided on an "as is" and "as available" basis without any express or implied warranties, including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. To the fullest extent permitted by applicable law, OpenTreatment disclaims all liability for any direct, indirect, incidental, consequential, or special loss or damage arising from or relating to the use of, or reliance upon, the Website, its content, or the Services.

12. INDEMNITY

You agrees to indemnify and hold harmless OpenTreatment, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives and Partners from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. OpenTreatment will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

13. APPLICABLE LAW AND DISPUTE SETTLEMENT

  • You agree that this Agreement and any contractual obligation between the Company and User will be governed by the laws of India.
  • The courts at Gurugram, Haryana shall have exclusive jurisdiction over any disputes arising out of or about this Agreement, your use of the Website or the Services or the information to which it gives access.

14. CONTACT INFORMATION

  • If a User has any questions concerning the Company, the Website, this Agreement, the Services, or anything related to any of the foregoing, please write to us at support@opentreatment.in

15. 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.

16. 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 OpenTreatment. Any consent by OpenTreatment to, or a waiver by OpenTreatment 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.