Terms & Conditions
Please read these Terms carefully before accessing the Website or using any of the Services we provide.
Effective for all users of OpenTreatment Private Limited
โ ๏ธ Important Notice
Opentreatment Private Limited is the author and publisher of the internet resource https://www.opentreatment.in/ and www.opentreatment.app (together referred to as "Websites"). OpenTreatment provides the Services in partnership with its agents, affiliates, associates, representatives or other third parties (together referred to as "Partners").
Nature and Applicability of Terms
Please read these Terms and Conditions ("Terms") carefully, along with the Privacy Policy, 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.
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 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.
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.
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.
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.
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, and complying with legal obligations.
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 or complying with legal 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.
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 display of information shall not be construed as advertising or soliciting their services. OpenTreatment cannot be held liable for any inaccuracies or incompleteness represented from it.
- OpenTreatment and its Partners do not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. 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 Website may be linked to the websites of third parties, affiliates, and business partners. OpenTreatment has no control over, and is not liable for, the content, accuracy, validity, reliability, or quality of such websites.
- 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.
- If OpenTreatment determines that you have provided fraudulent, inaccurate, or false information, OpenTreatment reserves the right to immediately suspend your access to the Website.
Booking Appointments, Diagnostic Tests & Medical Service Providers
- While OpenTreatment will try to ensure a confirmed appointment, OpenTreatment or its Partners do not guarantee that the User will get a confirmed appointment. OpenTreatment and its Partners have no liability if such an appointment is later cancelled, postponed or rescheduled by the hospital or medical service provider.
- 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.
- You understand and agree that any interactions and associated issues with other Users, including health issues and experiences, are strictly between you and the other Users. OpenTreatment will not be held responsible or liable for the same. The Services are not to provide any healthcare or medical advice or diagnosis.
Further, 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;
- 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, or inappropriate treatment;
- 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, or pharmacy.
No Doctor-Patient Relationship
- Some of the content, text, data, graphics, images, or information available on the Website 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.
- The Information you obtain or receive from OpenTreatment 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 facing a medical emergency, please contact an ambulance service, hospital, doctor or appropriate medical professional directly.
Content Ownership and Copyright
7.1 Ownership of Content
Unless otherwise stated, the Website, including its design, text, graphics, logos, images, software, databases, audio-visual material, trademarks, and all other content, is owned by or licensed to OpenTreatment and is protected under applicable intellectual property laws.
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.
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.
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 you submit.
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.
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 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.
Disclaimer of Warranties
- All information available on the Website is provided on the condition that the User will make an independent determination in respect of its accuracy, completeness or usefulness before use or making any decision. OpenTreatment and its Partners will not be responsible for the same.
- 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.
Limitation of Liability
The information, content, and materials available on the Website are provided for general informational purposes only. 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. 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 the Website, its content, or the Services.
Indemnity
You agree 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 your access to or use of Service, violation of this Agreement, or infringement of any intellectual property or other right of any person or entity.
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.
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.
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.
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: