Dextol | Terms and Conditions


Terms of use

1.Introduction

We hope you love using Dextol. We really do. This document contains important information that you need to consider before making an important decision.

Effective Date: 1st Aug, 2018.

The following terms and conditions constitute an agreement between you and Dextol Pvt Ltd. (“Dextol,” “we,” or “us”), the operator of Dextol.com (the “Site”) and related websites, applications, services and mobile applications provided by dextol and on/in which these Terms of Use are posted or referenced (collectively, the “Services”). These terms of use (the “Terms of Use”), together with our PRIVACY POLICY, ACCEPTABLE USE POLICY and ADDITIONAL TERMS (each of which are incorporated herein by reference, and collectively, this “Agreement”) govern your use of the Services, whether or not you have created an account.

BY USING OR OTHERWISE ACCESSING THE SERVICES AND/OR BY CREATING AN ACCOUNT WITH US, YOU AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING THE INFORMATION PRACTICES DISCLOSED IN OUR PRIVACY POLICY, THE USE RESTRICTIONS IN THE ACCEPTABLE USE POLICY AND THE TERMS AND CONDITIONS IN THE ADDITIONAL TERMS. YOU ALSO AGREE TO RESOLVE ANY DISPUTE THAT YOU MAY HAVE WITH US OR THE SERVICES IN THE CITY OF HYDERABAD. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE SERVICES. Please note that we offer the Services “AS IS” and without warranties. If you create an account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Dextol Pvt Ltd (”Company”, “we” or “us”). The following terms and conditions, together with the privacy policy found at www.Dextol.com/privacy and any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the website www.Dextol.com ( “Website”) or the mobile or desktop application named Dextol (“App”), including any content, functionality and services offered on or through the Website or App, whether as a guest or a registered user.

Please read these Terms of Use, the Privacy Policy and the Cancellation / Refund Policy carefully before you start to use the Website or App. These Terms of Use apply to any visitor to the Website or App, including but not limited to all service providers such as doctors, hospitals, diagnostic service providers and pharmacies, patients or their relatives or friends, casual visitors or any other user of the Website or App. By using the Website or App or by clicking to accept or agree to the Terms of Use, the Privacy Policy and the Cancellation / Refund Policy when t his option is made available to you, you accept and agree to be bound and abide by these Terms of Use, the Privacy Policy, found at www.Dextol.com/privacy, and the Cancellation / Refund Policy found atwww.Dextol.com/cancellationRefundPolicy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the services available on the Website or App.

This Website or App is offered and available to users who are 18 years of age or older. By using this Website or App, you represent and warrant that you are of legal age to form a binding contract with the Company or are represented by a parent or guardian and are resident in India. If you do not meet these requirements, you must not access or use the services available on the Website or App.

Service providers payment terms and conditions if service provider as doctor that every appointment make we Dextol is going to charge the nine percent of total appointment fee and if service provide as medical store we are going to charge five percent of total medicine order if service provider as diagnostics and treatment and therapy we are going to charge the twelve percent of total order amount. If your signing the terms and conditions of Dextol your agreeable to service provider payment terms and conditions.

Once service provider joined in dextol for listing their services weekly payments will release on every monday. We are referring week from monday to sunday. Monday payment will be initiated based on the last week appointments or orders that are completed or updated as done from service provider or end consumer side. Once payments release it will be reflected in service provider banks accounts 2-3 business days based on the type of bank or bank account.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website or App thereafter. Your continued use of the Website or app following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website or App, and any service or material we provide on the Website or app, in our sole discretion without notice and without liability. From time to time, we may restrict access to some parts of the Website or App, or the entire Website or App, to users, including registered users.

You are responsible for:
  • Making all arrangements necessary for you to have access to the Website or App.
  • Ensuring that all persons who access the Website or App through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or app or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website or App is correct, current and complete. You agree that all information you provide to register with this Website or App or otherwise, including but not limited to through the use of any interactive features on the Website or App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or app or portions of it using your user name, password or other security information. You agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

3. Role of Dextol

Dextol's role is limited to a) providing a platform for hosting and publishing User Content, Lab Content and HCP Content b) providing a platform for Registered Users to raise health related questions and HCP's to provide preliminary and generic information to the questions c) providing a platform for private interaction between Registered User and HCP d) providing a platform to find HCPs based on Registered User's inputs and HCP profiles created by HCPs themselves and e) providing a platform for Registered Users to order Lab Tests f) facilitating collection and disbursal of consultationand service fees for HCPs and Lab g)Providing platform for online consultation for users with HCP’s h)Providing a platform to store Medical reports/personal reports i)Providing platform to store blood group information etc.

Dextol's role is that of an 'intermediary' as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, Dextol has no responsibility and / or liability in respect of the content and transactions on the Website including any User Content, Lab Content or HCP Content , information provided by HCPs or Labs, interactions between HCPs and Labs on the one hand and Users on the other hand.

Dextol does not have the obligation to pre-screen or monitor User Content, Lab Content or HCP Content at any time. However Dextol may elect to monitor any User Content or HCP Content and remove any User Content and HCP Content from the Website if Dextol determines in its sole discretion that such User Content and/or HCP Content is in violation of this Agreement or any applicable law and best practices. Where Dextol removes any User Content or HCP Content from the Website, Dextol will make reasonable efforts to inform the User or HCP who had posted such User Content or HCP Content respectively. Such actions do not in manner negate or dilute Dextol's position as an intermediary or impose any liability on Dextol with respect to User Content and/or HCP Content.

If Dextol suspects any illegal, wrongful or fraudulent activity on the Website by any Registered User, Lab or HCP, notwithstanding any other rights Dextol may have, Dextol reserves the right to inform the relevant government or law enforcement authorities. Dextol will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.

Dextol does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.

4. Links to third party websites

You may be provided with links on the Website that direct You to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively "Third Party Websites").

Dextol does not endorse any Third Party Websites that You may be directed to from the Website.

Links to such Third Party Websites are provided for Your convenience only. Please exercise Your independent judgment and prudence when visiting / using any Third Party Websites via a link available on the Website. Should You decide to click on the links to visit such Third Party Website, You do so of Your own volition. Your usage of such Third Party Websites and all content available on such Third Party Websites is subject to the terms of use of the respective Third Party Website and dextol is not responsible for Your use of any Third Party Websites.

5. No doctor patient relationship

Doctors, dentists, nurses, and other medical professionals use the services to share content with you, but your use of this content is not a substitute for healthcare. No licensed medical professional/patient relationship is created when you use the services or content. This is true whether such content is provided by or through the use of the services or through any other communications from dextol including, without limitation, the “find a doctor” feature, dextol answers, dextol blog, dextol social channels, dextol emails or text message links to other sites, or any assistance we may provide to help you find an appropriate healthcare provider in any field.

Dextol encourages Healthcare Providers to use the Services responsibly, but we have no control over, and cannot guarantee the availability of, any Healthcare Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from, or related to, the use of the Site or Services whatsoever.

6. Your personal information

Protecting patient privacy and keeping your information secure are among our biggest priorities. This section will help you understand what information we ask for and why.

To create a Dextol account, you must provide a few pieces of basic information about yourself. When you book an appointment through Dextol, we pass along this information to your Healthcare Provider on your behalf.

If you wish to benefit from other Services we provide, you can choose to share additional information with Dextol. Our Privacy Policy details how we may use, share, and maintain the information that you voluntarily share with Dextol, which may include, without limitation, your name, address and contact information, medical history and current medical needs, billing information, and other information (collectively, “Personal Information”).

By submitting such information, you authorize Dextol, its employees, its agents and others operating on its behalf to use and/or disclose such information in accordance with our Privacy Policy. Please review the Privacy Policy carefully, as your use of the Services constitutes your agreement to it.

You may elect to enter information into a medical history form (“Medical History Form”) on behalf of yourself or a third party from whom you have authorization to provide such information. You can request (and in doing so, authorize) Dextol to provide this information to your chosen Healthcare Provider. You acknowledge and agree that such information will be reviewed and approved by you or someone authorized by you at the time of your appointment to ensure its accuracy. You also acknowledge that Dextol may use the data or information you provide in a Medical History Form in accordance with our Privacy Policy.

7.Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website or App are the trademarks of their respective owners.

TRADEMARKETING LOGO

8. Authorization and acknowledgement; important information about healthcare provider relationships and healthcare provider lists

In connection with using the Site and the Services to locate and schedule appointments with Healthcare Providers, you understand that:

YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER.

Dextol makes reasonable efforts to ensure that Healthcare Providers only participate in the Services if they hold all active licenses required by law to practice the specialties of the services offered by them, and are not excluded from participation in the Medicare and Medicaid programs. Dextol may exclude Healthcare Providers who, in Dextol’s discretion, have engaged in inappropriate or unprofessional conduct.

Some Healthcare Providers listed through the Services enter into contracts with us, and may pay us a fee in order to be marketed through the Services. To help you find Healthcare Providers who may be suitable for your needs, and enable the maximum choice and diversity of Healthcare Providers participating in the Services, we will provide you with lists and/or profiles of Healthcare Providers. These results are based on information that you provide to us, such as geographical location, and healthcare specialty. They may also be based on other criteria (including, for example, Healthcare Provider availability, past selections by and/or ratings of Healthcare Providers by you or by other Dextol users, and past experience of Dextol users with Healthcare Providers). Note that Dextol (a) does not recommend or endorse any Healthcare Providers, (b) does not make any representations or warranties with respect to these Healthcare Providers or the quality of the healthcare services they may provide, and (c) does not receive any additional fees from Healthcare Providers for featuring them (i.e., higher or better placement on lists) through the Services (subject to Sponsored Results as described below). Note, however, to the extent that you use the Services as provided by your employer, Dextol may provide lists and/or profile previews based also on criteria determined by your employer and your employer’s agents or advisors.

To provide you with even more options, we may show you sponsored results (“Sponsored Results”) on the Site, including above the search results. Dextol receives additional fees from Healthcare Providers for providing Sponsored Results. Sponsored Results shown through the Services are not, and should not be considered, an endorsement or recommendation by Dextol of the Healthcare Provider.

9. Limitation of Liability:

To the fullest extent permitted by law, in no event will Dextol or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill), whether or not Dextol has been warned of the possibility of such damages or could have reasonably foreseen such damages. Notwithstanding anything to the contrary in this Agreement, Dextol's liability under this Agreement to YOU shall in no event exceed the fee amounts collected from You in the preceding one year or INR 5000 whichever is lower.

10.Copyright Infringement

If you believe that any User Contributions violate your copyright, please send us a notice of such copyright infringement to take appropriate action or decision. It is the policy of the Company to terminate the user accounts of repeat infringers.

11. Representation and Warranties

By Using This Website You Represent And Warrant That:

You are 18 years of age or older and that Your use of the Website shall not violate any applicable law or regulation;

All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;

You as a Registered or Non-Registered User will use the Website solely for Your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.

Your use of this Website shall be subjected to the following restrictions:

  • You will not delete or modify any content of the Website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
  • Youill not decompile, reverse engineer, or disassemble the content, or
  • You will not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.
  • You will not use the Website and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion.
  • You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet.
  • You will not host, display, upload, modify, publish, transmit, update or share any information that —
    1. (a) belongs to another person and to which the user does not have any right to;
    2. (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;
    3. (c) harm minors in any way;
    4. (d) infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;
    5. (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    6. (g) impersonate another person;
    7. (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    8. (i) threatens the unity, integrity, defence, 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.

12. The services and content are informational and educational resources

The Services are an informational and educational resource for consumers and Healthcare Providers. We may, but have no obligation to, publish Content through the Services that is reviewed by our editorial personnel. No party (including Dextol) involved in the preparation or publication of such works guarantee that the Content is timely, accurate or complete, and they will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such Content.

Healthcare Provider Content:

Healthcare Provider and practice Content is intended for general reference purposes only. Healthcare Provider Content may be provided by the Healthcare Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Healthcare Provider. Such Content can change frequently and may become out of date, incomplete or inaccurate. Neither the Site nor Dextol provides any advice or qualification certification about any particular Healthcare Provider.

Procedures/Products/Services:

The procedures, products, services and devices discussed and/or marketed through the Services are not applicable to all individuals, patients or all clinical situations. Any procedures, products, services or devices represented through the Services by advertisers, sponsors, and other participants of the Services, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.

13.Governing Law and Jurisdiction

All matters relating to the Website or App and these Terms of Use 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.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website or App 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.

14. Online Purchases and Other Terms and Conditions

These Terms of Sale govern all purchases or appointments or subscriptions through our Website or App or other transactions for the sale of products or services provided through or by use of the Website or App or as a result of visits made by you to the Website or App.

Additional terms and conditions may also apply to the products or services or subscriptions or appointments depending on the actual seller or service provider. You may be required to abide by all such additional terms and conditions and the Company shall not remain responsible or liable for the legality or enforcing of such terms and conditions by third parties, including sellers and service providers.

15. Geographic Restrictions

Currently, we provide the services listed on the Website or App only in India. We make no claims that the Website or App or any of its content is accessible or appropriate outside of India. Access to the Website or App may not be legal by certain persons or in certain countries. If you access the Website or App from outside India, you do so on your own initiative and are responsible for compliance with local laws.

16. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the Website or App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Further, the use of this Website or App does not create any doctor-patient or other similar relationship between the user and the Company. This Website or App is only meant as a platform to bring service providers and end users together and any transactions between such service providers and end users shall remain between them, without involving the Company in any manner whatsoever. The Company also cannot and does not guarantee or warrant the accuracy or sufficiency of the information posted on the Website or App, including but not limited to the information regarding service providers such as doctors, hospitals, diagnostic services, pharmacies etc. The Company also does not guarantee or warrant or be in any manner responsible or liable for the provision of services or products by such service providers or third parties mentioned on or referred through the Website or App. Your use of the website or app, its content and any services or items obtained or reserved through the website or app is at your own risk. The website and app, their content and any services or items obtained or reserved through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website, app, or any of the services or products sold using or through the website or app by any third party or service provider. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website or app, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or app or any services or items obtained or reserved through the website or app will otherwise meet your needs or expectations.

The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

17. Termination

If you’re not using the Service appropriately, we’ll want to work with you to set things straight. But we reserve the right, if we determine it is best, to terminate, suspend and/or deactivate your account immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Site or through the Services by you or by someone using your Credentials. We may also terminate, suspend or deactivate your account for any other reason, including inactivity for an extended period. Dextol shall not be liable to you or any third party for any termination, suspension or deactivation of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such termination, suspension or deactivation (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to create another account). Sections 1, 2, 3, 4, 6, 8, 10, 11, 12, 13, 14, 15, and 16 shall survive any termination or expiration of these Terms of Use.

GENERAL PROVISIONS

Severability: If any provision of this 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 the 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.

Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:

  • If to Dextol:
  • Dextol Private Limited
  • Himagiri colony
  • hyderabad, telanagana, India – 500008
  • If to You:
  • at the email address provided by You to us when You registered as a Dextol User.

Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Complete Understanding: The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.

Force Majeure: Dextol shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond Dextol's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.

Advice of Counsel: Each Party acknowledges: (a) having fully read the Agreement in its entirety; (b) having had full opportunity to study and review the Agreement.

Advertisement: Dextol shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website.

Assignment: You may not assign or sub-license, without the prior written consent of Dextol,the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.

Conflict: In the event there is any conflict between the terms set out in these Terms of Use, the Privacy Policy, the Additional Terms of Use for HCPs and any other policies applicable to specific pages of the Website, the following order of prevalence shall apply: (i) the Privacy Policy (ii) these Terms of Use, (iii) the Additional Terms of Use for HCPs and (iv) any other policies applicable to specific pages of the Website.

19. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, and licensors, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or App, including, but not limited to, your User Contributions, any use of the Website or App’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website or App.

20. Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.