Terms & Conditions

Last updated on 18.06.2018

These terms and conditions (specific to healthcare professionals) form a legally binding agreement between Dori Health Pvt. Ltd (“We” or “Dori”) having its registered office at P18E, L5, The Hive, VR Mall, Plot No 11B, Survey No 40/9, Devasandra Industrial Area, 2nd Stage, KR Puram Hobli, Karnataka, India – 560048and You (“You”) as a healthcare professional user (“HPU”) of the service.

Dori is the owner and proprietor of both the website www.zevahealth.com which includes all sub-domains (the ‘Website’) as well as the mobile application ‘ZevA Pro’ (‘the ‘App’), both of which shall hereinafter be collectively referred to as the ‘Platform’ and provides the option whereby You, as a qualified healthcare professional can list your services on the Platform and provide home consultations to users as per their request.

You have entered into these terms and conditions (the “Agreement”) as an HPU of the Service and Dori has entered into this Agreement as the owner and provider of the Platform. This Agreement is an electronic record generated by a computer system in terms of the Information Technology Act, 2000 and rules thereunder and does not require any physical or digital signatures. Please ensure that you read and understand this document before you use the Platform. By accessing, or by registering for an account, or otherwise by using the Platform you agree and irrevocably accept to be bound by all the terms and conditions stipulated in this Agreement and the Privacy Policy.

  1. About the Platform

    Dori has created the Platform in a manner where healthcare professionals can register themselves and so that users in need of healthcare services can conduct a search, chose a suitable provider and can engage them to provide the necessary service. If you are a qualified healthcare professional you have the option to participate and list your service on the Platform, which is then made available to users of the service. You also have the option to manage your availability on the Platform based on your convenience. Subject to your availability on the Platform, users of the service in the vicinity can search for and avail your service. Since visit requests from users will be intimated to you through the app, it is recommended that you turnon notifications for the app. Along with the visit request and location, you will also be able to view the user-fed information regarding the medical concern or service need, as the case maybe.

  2. Registration

    By registering an HPU account on the Platform, you represent and warrant to Dori that you are above 18 years of age and that you are a registered and qualified healthcare professional approved to practice in India. At present, Dori allows the following classes of healthcare professionals to participate and list their services on the Platform.

    (i) Doctors
    (ii) Registered Nurses
    (iii) Physiotherapists
    (iv) Dieticians

    Dori, in its discretion, might add further classes of healthcare professionals including entities or healthcare organizations to the Platform as and when found suitable. In order to create an HPU account and register on the Platform for provision of services, you are required to provide certain information to Dori comprising of the registration process. All HPU account registration occurs on the Platform and you can start the registration process by visiting here.

  3. Verification

    Pursuant to the completion of the registration process by you, we will commence the verification of your identity and credentials. You agree and accept that your listing on the Platform is subject to the verification process by us. We might also ask additional information from you as part of the verification process. You also authorize us to make enquiries with third parties to verify the information provided by you. You further agree that we may terminate your access if at any time the information you have provided us is false, inaccurate or if we are unable to verify the information that you have provided us. We also reserve the right to carry out a re-verification as and when required, at our discretion. We aim to approve the request for listing within a period of 48 hours of receipt and often much sooner. If there are any problems with the listing, we will reach out to you at the email address you have provided us.

  4. Listing and Visit Requests

    The Platform uses an algorithm to locate the most available and accepting Practitioner and the order of listing is generated automatically. Dori however, cannot in any event, be held responsible for the accuracy and relevancy of the listing or for the order of listing of the healthcare professionals on the Platform. Once you have turned-on your availability on the Platform, you are required to assess the medical need of the user and immediately respond to the visit request by either accepting or rejecting the request within 1 minute of receiving the notification. You have the absolute discretion to reject a visit request if you are of the opinion that it is an emergency case or outside your area of specialization or expertise.

    You agree that cancellation of a visit request after accepting the same or a delay of more than 2 hours in reaching the user’s location will entail levy of a penalty of Rs. 1000 from you. Dori reserves the right to adjust payment of the said penalty against the consultation fee remittances due to you.

  5. Participation Covenants

    You understand and acknowledge that there is a responsibility to treat the user just as you would have treated such user de-hors such service. You agree and confirm that all of the information that you provide to Dori shall be true and correct and you will ensure that the details mentioned on your profile are up to date and as relevant as possible. You agree to remove any information or materials that are no longer applicable or accurate. You also agree and confirm that any picture used on your profile will be a true representation of yourself and will not be misleading in any way.

    By registering for an account, you warrant and acknowledge that all applicable laws and regulations that govern you as a medical professional have been followed by you and that you are registered with the relevant state medical council. You further warrant that you are not party to any disciplinary or any other proceedings that might impede your right to practice medicine in India. You further confirm that you shall take the utmost care and diligence with regard to the consultation being rendered and shall abide by the MCI code with regard to the professional and ethical standards of your interaction with the patient. You further understand that the information provided and disclosed to you while placing a visit request or during the consultation is personal information subject to all applicable privacy laws and it shall be confidential and subject to doctor-patient privilege.

    You further acknowledge that Dori is neither a medical service provider nor is it involved in providing any healthcare advice or medical diagnosis and it is not responsible in any manner and is not liable for any outcome as a result of your interaction with the User. Additionally, you agree to implement and maintain adequate safeguards to protect your account from unauthorized access and you will immediately notify Dori in the event of any breach or suspected breach of your account.

  6. Intellectual Property

    The Platform, including, without limitation, the content, metadata, design, compilation, look and feel, the source, object and HTML code and all other protectable intellectual property (“Proprietary Materials”) available through the service and/or comprising the Platform are the property of Dori and are protected by copyright and other intellectual property laws. Dori reserves all rights regarding these Proprietary Materials not expressly granted in these terms and conditions. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, create derivative works by reverse engineering any of the Proprietary Materials. You agree not to attempt to gain unauthorized access to the Platform or to impair any aspect of the Platform or its related systems and networks. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from the platform anywhere else without our written consent. The Platform and all rights therein are and shall remain the property of Dori and/or its licensors. Neither these terms nor your use of the Platform convey or grant you any rights in or related to the Service except the limited license granted above.

    By registering for an account on the Platform and submitting content for display on your profile, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, display and distribute the content and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content.

  7. Conditions of Use

    By using the Platform, you further agree that your use:

    (i) Will be for lawful purposes only and never for sending or storing unlawful material or for fraudulent purposes;
    (ii) Will not cause nuisance, annoyance, disruption, or inconvenience to any Dori representatives or the users of the service;
    (iii) Will not impair the proper operation of the network;
    (iv) Will only be through access points or wireless data account which you are authorized to use

    As mandated by Regulation 3(2) of the Information Technology (Intermediaries Guidelines) Rules, 2011, Dori hereby informs you that you are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

    (a) belongs to another person and to which you do 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.

    Violation of any of the above conditions of use shall entail an immediate termination of your account without prejudice to all rights and remedies available to Dori, including a claim for damages or criminal action, as the case may be.

  8. Disclaimers

    You acknowledge that access to the Platform would be provided over various communication lines and facilities owned, maintained and services by third-party carriers, utilities and ISPs, all of which are beyond our control. We assume no liability for or relating the integrity, privacy, security, confidentiality, or use of any information while it is transmitted or for any delay, failure, interruption, interception, loss, transmission, or corruption of any data or any other information attributable to transmission. Use of the Platform is solely at your risk and is subject to all applicable local, state, national and international laws. We also do not warrant that your use of the Platform and the service under these terms will not violate any law or regulation applicable to you.

    The Platform is being provided “as is” and “as available”. Any access or use of the Platform is voluntary. The Platform is designed only to facilitate your interaction with nearby users who are in need of nonemergency medical services and does not constitute the practice of any medical, nursing or other professional healthcare advice, diagnosis or treatment. We do not warrant or guarantee that the files that may be available for downloading through the Service is free of any viruses, malware or any other code that might contaminate your system.

    We, and our technology service providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You download and use the Platform at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Platform.

    You acknowledge and undertake that you are accessing the services on the platform and transacting at your own risk and are using your prudent judgment before confirming any visit request. By registering on the Platform or by using it, you expressly agree and acknowledge that we are not a medical organization or hospital, or staffed by medically trained personnel and that we do not refer or recommend any particular medical practice or healthcare professional. You agree, understand and acknowledge that the Platform is only facilitator that enables you to list your services of your own volition and is not and cannot be a party to or control in any manner, the consultations that occur.

    We do our utmost to ensure that the availability of the Platform will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Platform may occasionally be suspended or restricted to allow for repairs, maintenance or upgrades at any time without prior notice. We will attempt to limit the frequency and duration of any such disruptions. As such, we will also not be responsible for any loss of revenue or goodwill or for any wasted expenditure or for any indirect or consequential loss you may suffer on account of your use of the Platform.

    We do not make any express or implied warranties, representations or endorsements of any kind whatsoever (including, without limitation, warranties of title or non-infringement, or any warranties of merchantability or fitness for a particular purpose) with regard to the services, or with respect to any information, product, service, merchandise or other material provided on or through the Platform. We make no warranty or guarantee that access to the Platform will be uninterrupted, timely, secure or error-free. Your sole and exclusive remedy in case of any dissatisfaction with the Service is to stop using it.

  9. Limitation of Liability

    To the fullest extent permissible under applicable law, in no event will Dori be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages (whether in contract, tort or otherwise) arising out of these terms and conditions, or the use of, or the inability to use, the Service, including without limitation, any information or data made available through the Platform. In the event, the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability of Dori for all claims (whether in contract, tort, medical negligence, or otherwise) of every kind arising out of these terms and conditions will not exceed Rs. 100. The foregoing limitation of liability of Dori will cover without limitation any technical malfunction, computer error or loss of data and any other injury, arising from the use of the Platform.

  10. Indemnity and Release

    You agree to indemnify and hold harmless Dori, its affiliates and each of its respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including legal costs, that arise out of your use of the Platform, violation of these terms and conditions by you or any other person using your account, or your violation of any rights of another. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.

    You hereby expressly release Dori, its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequences of any action or inaction of the users of the service and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise. You also agree to indemnify and hold harmless Dori against all damages caused to Dori on account of your actions, including any damages accruing from negligence, deficiency in service or any other action, as the case may be.

  11. Consultation Fees

    As a healthcare professional listed on the Platform, you are responsible for setting your own consultation fee. Dori, however, may set an upper or/and a lower limit as far as such consultation fee is concerned. You can edit the consultation fee charged by you from your profile with Dori reserving the right to decide whether to reflect such changes. You hereby permit Dori to charge users of the service on your behalf the consultation fee for your visit. You also allow Dori to include a convenience fee component to your consultation fee which amount shall be retained by Dori. We will remit the consultation fee due to you into your account within 2 weeks once the user has paid the amount. In this regard, care needs to be taken by you to accurately provide us your financial information as we shall not be liable in the event you have provided us with inaccurate account information. You acknowledge that subsequent to your accepting a visit request, the user is directed to a payment page to complete the payment process and that Dori shall not be liable in any manner, if the payment process initiated by the user fails for any reason.

  12. Modifying and Reviewing these Terms

    Dori reserves the right to change or modify any of the terms and conditions herein, at any time and in its sole discretion, with or without notice to you. You should review these terms and conditions from time to time. These terms and conditions always show ‘last updated’ date at the top. Any revisions of these terms and conditions will be effective immediately upon posting them here. If you do not agree with the revisions, you must stop your participation on the Platform forthwith.

  13. Assignment

    Dori may assign its rights and obligations under these terms and conditions. These terms and conditions will also inure to the benefit of Dori’s successors, permitted assigns and licensees. However, these terms and conditions are personal to you and you may not assign them to another person.

  14. Cancellation or Termination of Account

    Dori reserves the right, in the event it finds in its sole discretion that you have breached these terms and conditions to suspend or terminate your HPU account and/or your access to the Platform by blocking your email address or your IP address, with or without notice to you. Any suspected illegal, fraudulent or abusive activity may be grounds for suspend or terminating your HPU account and/or blocking your access to the Platform. Upon such suspension or termination, your right to use the Platform and its features shall immediately cease and Dori reserves the right to remove or delete your information in consonance with its internal policies regarding data retention. Dori shall not be liable to you or any third party for any claims or damages arising out of any such suspension or termination or for any other action taken in connection with such suspension or termination. In case of any non-compliance with the applicable laws, rules or guidelines by the healthcare professional, Dori reserves the right to remove such healthcare professional from the Service.

    If you wish to terminate your HPU account, you may do so at any time by writing to support@zevahealth.com. We reserve the right to retain the information associated with your account for a period of time in consonance with our internal policies before deleting such information.

  15. Jurisdiction and Dispute Resolution

    This Agreement supersedes all previous and contemporaneous oral or written agreements regarding your use of the foregoing and shall be governed by and construed in all respects in accordance with the laws of India without giving effect to conflict of laws principles and shall be subject to the exclusive jurisdiction of the courts at Bengaluru, India.

    All disputes or differences pertaining to the use of the Service shall be resolved by arbitration in terms of the Arbitration and Conciliation Act, 1996 (the ‘Act’). The arbitration shall be conducted by a sole arbitrator appointed by Dori and in terms of the provisions of the Act. The venue of the arbitration shall be Bengaluru, India.

  16. Severability

    In the event any provision of these terms and conditions is held to be unenforceable by any court or tribunal of competent jurisdiction under applicable law, such provision shall then be excluded from these terms and conditions and the remainder of these terms and conditions shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with these terms.

  17. Complaints

    Usually we endeavor to resolve any issue you might have quickly and as soon as they arise. However, in the event you wish you make a formal complaint regarding any aspect of the Platform or any visit you might have taken-up, you can do so by writing to our Grievance Officer within 7 days of the occurrence of the incident that prompts such a complaint. We will aim to have the issue investigated within 15 of the receipt of your complaint and shall take the necessary steps to address or resolve your concerns. You can either email us your formal complaint to support@zevahealth.com or you can write in to us at the below address:
    Director,
    Dori Health Pvt. Ltd.,
    P18E, L5, The Hive, VR Mall
    Plot No 11B, Survey No 40/9,
    Devasandra Industrial Area, 2nd Stage
    KR Puram Hobli,
    Karnataka, India – 560048.