www.drinn.in (the "Website"). The content of the Website is owned and operated by Drinn Virtual
Clinic Private Limited (Drinn), a company registered in India, having its registered office at
20/540 Thaiba, VKK Menon Road, Kallai, Kozhikode, Kerala - 673003. Drinn, amongst other services,
facilitates in helping customers consult with health care experts ons ("Service") and this Service
is provided only in good faith. The Services of health care experts are essentially provided to
bridge the information gap between customers who may or may not be a patient and which health care
experts who are qualified medical professionals , including but not limited to doctors,
psychologists, dieticians etc (“Doctors”)
We request you to carefully go through these terms of use ("Terms of Use") before you decide to avail
the Services of Drinn. By registering with the Company to avail our Services, you irrevocably accept
all the obligations stipulated in these Terms of Use and agree to abide by them. Accessing the
Website through any medium, including but not limited to mobile phones, smart phones and tablets,
are also subjected to these Terms of Use. These Terms of Use supersede all previous oral and written
terms and conditions (if any) communicated to you. By using this Website, you signify your agreement
to these Terms of Use as well as the Website's www.Drinn.in (which is hereby incorporated by
reference herein).
We reserve the right to modify or terminate any portion of the Website or the Services offered by the
Company for any reason, without notice and without liability to you or any third party. To make sure
you are aware of any changes, please review these Terms of Use periodically.
The Website should not be used in cases of medical emergencies and Drinn does not, and should not be
considered in any form to be a substitute for a doctor or a hospital. We encourage you to
independently verify any information you see on the Website with respect to a doctor or healthcare
provider that you seek to make an appointment or consult with.
- Registration: If you wish to schedule an appointment with a doctor or conduct a
transaction on
the Website, you will have to register on the Website and become a registered user ("Drinn
User") prior to the completion of any transaction on the Website. To register onto the Website,
a user will have to provide information such as his/her name, email address and phone number and
create a username and password. You understand that Drinn may introduce a fee for registration
on the Website ("Registration Fees"). Registration Fees, if and when introduced shall be
non-refundable. Drinn may introduce special features which may be made available to Drinn Users
who pay Registration Fees. Registration is only a one time process and if the Drinn User has
been previously registered, s/he shall login/sign into his/her account using the same
credentials as provided during the registration process. We request you to please safeguard your
password to your account on the Website and make sure that others do not have access to it. It
is your responsibility to keep your account information safe and current. A Drinn User may wish
to schedule an appointment through his/her account for his/her family members and friends. While
a Drinn User will be able to do this, please note that such Drinn User will be solely
responsible for any activity that is undertaken through his/her account on behalf of his/her
family members and friends.
- Interaction on the Website: You understand and agree that any interactions and
associated issues
with the doctors on the Website including but not limited to the medical outcomes and service
issues, is strictly between you and the doctors. You shall not hold Drinn responsible for any
such interactions and associated issues. Drinn is not involved in providing any healthcare or
medical advice or diagnosis and hence is not responsible for any outcome between you and the
doctor you interact with. If you decide to engage with a doctor to provide medical services to
you, you do so at your own risk. The results of any search you perform on the Website for
doctors should not be construed as endorsement by this Website of any such particular doctor.
Similarly, provision of access to any healthcare expert or doctor on the basis of your specific
request, should also not be construed as endorsement by this Website of any such particular
doctor. Drinn shall not be responsible for any breach of service or service deficiency by any
doctor or healthcare provider. We cannot assure that all transactions will be completed nor do
we guarantee the ability or intent of doctors or other health care providers to fulfil their
obligations in any transaction. We advise you to perform your own investigation prior to
selecting a doctor or a health care provider.
- Third Party Services: You understand that third party services may be made
available by the
Company on the Website. For example, you may be able to find or book a diagnosis tests or
schedule a home visit by a doctor or paramedic through the Website. Please note that in the
event you choose to avail any such third party services that are made available on the Website,
you will be absolutely and solely responsible for your interactions with such third party
service providers. Drinn shall not be held responsible for any lapses, shortcomings or
deficiency of services by such third party service providers to you. Drinn hereby does not
endorse the services of any third party service providers that are made available on the
Website.
- Information Uploaded by You on the Website: You understand that you may have
the
option of
uploading your health / medical information on the Website in order to enable your doctor access
your previous medical history. While Drinn takes utmost care with respect to the security of the
information you decide to upload, you understand that any information that you disclose on the
Website is at your own risk. By uploading / sharing / disclosing your medical information on the
Website, you hereby give your consent to Drinn to store such health / medical information on
Drinn servers. Drinn will retain such medical / health information you upload on the Website for
as long as it is needed to fulfil the service you seek to avail on the Website. If you delete
your account, Drinn will delete such medical / health information. But please note: (1) there
might be some latency in deleting this information from our servers and backup storage; and (2)
we may retain this information if necessary to comply with our legal obligations, resolve
disputes, or enforce our agreements.
- Sharing of Information uploaded by You on the Website: Unless you specifically
consent to share
information, medical or otherwise, with either doctors or third party service providers, Drinn
does not share such information that you upload on the Website. While Drinn takes utmost care
with respect to the security of the information you decide to share, you understand that any
information that you disclose on the Website is at your own risk. In the event you do not trust
Drinn with such information, please do not share such information on the Website. While Drinn
endeavours to protect any information uploaded or shared by you on the Website, you understand
that Drinn shall not be held liable or responsible for the loss or damage to such information on
the Website. It is your responsibility to ensure that you have all your information, medical or
otherwise, stored on your hard drive. You hereby agree not to use the Website as a “data room”
to store your medical / health records.
- SMS Messages Received From the Website: You understand that once you register
as a
Drinn User on
the Website, or on mobile app you will receive SMS messages from Drinn on your registered mobile
number. These messages could relate to your registration, transactions that you carry out
through the Website and promotions that are undertaken by Drinn Please note that Drinn will send
these SMS messages only to the registered mobile number or such other number that you may
designate for any particular transaction. It is your responsibility to ensure that you provide
the correct number for the transaction you wish to enter. Further, Drinn may also send
notifications and reminders to you with respect to appointments scheduled by you for the
Services that you have subscribed to on the Website. Please note that while Drinn endeavours to
provide these notifications and reminders to you promptly, Drinn does not provide any guarantee
and shall not be held liable or responsible for the failure to send such notifications or
reminders to you. It is your responsibility to ensure that you attend any appointments that you
may schedule with a doctor or a health care provider through the Website.
- Collection of consultation fees: You understand that Drinn provides various
Services with
respect to the System. While some of these Services are provided for free, there are certain
Services for which costs will be incurred by you, if you decide to avail such Services ("Paid
Services"). In that case, Drinn may provide billing services on behalf of the doctor or health
care professional. Should you wish to avail those Paid Services, you acknowledge that Drinn will
collect the payment for such Paid Services for and on behalf of the doctor or healthcare
professional providing such clinical services. You acknowledge and confirm that Drinn shall not
be liable for the treatment or be treated as the health care provider on account of such
collection of the payments or for provision of such Paid Services, for any reason whatsoever.
- Clinical Support Information: We may provide information to assist you in
clinical decision-making. This may include information and reminders concerning drug
interactions, allergies, dosages, as well as general health-care related information and
resources.. The information and materials available through the Website are for informational
and educational purposes only and are not intended to constitute professional advice, diagnosis
or treatment, or to substitute for your professional judgment. Information that may be placed on
the Website by third parties are beyond our control. We are not responsible for the accuracy or
completeness of information available from or through our Website. You assume full risk and
responsibility for the use of information you obtain from or through this site, and you agree
that Drinn is not responsible or liable for any claim, loss, or liability arising from the use
of the information. We do not recommend or endorse any provider of healthcare or health-related
products, items or services, and the appearance of materials on the Website relating to any such
products, items or services is not an endorsement or recommendation of them. You agree to review
the definitions, functionality, and limitations of the Services, and to make an independent
determination of their suitability for your use.
- Selecting your Doctor or HealthCare Provider on the Website: The Website
allows you to select and schedule appointments with doctors and health care providers registered
with the Website and to whom certain specific terms and conditions apply. While choosing your
doctor or healthcare provider on the Website, you understand and accept that:
- You are ultimately responsible for choosing your own doctor or
healthcare provider and
Drinn shall not be held responsible or liable for the selection of such doctor or
healthcare provider; and
- Drinn will provide you with lists and/or profile previews of doctors
and health care
providers who may be suitable to deliver the health care that you are seeking based on
information that you provide to Drinn (such as area of specialty and geographical
location). For certain specific Services, Drinn may choose a doctor or healthcare
provider on your behalf based on the nature of services you request and on the doctor or
healthcare professional available to provide you with the clinical services for the
same. Please note that Drinn (i) does not recommend or endorse any doctors or health
care providers mentioned on the Website; and (ii) does not make any representations or
warranties with respect to these doctors or health care providers or the quality of the
healthcare services they may provide. Drinn shall not be liable for any reason
whatsoever for the services provided by the health care professional or doctor, and we
bear no liability for the consequences to you, of your use of the System or Services.
- Information regarding doctors and health care providers and practice
information found
on the Website is intended for general reference purposes only. Such information found
on the Website is mainly self-reported by the doctor or the health care provider. Such
information often changes frequently and may become out of date or inaccurate. Neither
the Website nor Drinn provides any advice or qualification certification about any
particular doctor or healthcare provider. You are encouraged to independently verify any
such information you see on the Website with respect to a doctor or healthcare provider
that you seek to make an appointment with.
- No Doctor - Patient Relationship: Please note that 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/patient relationship,
between Drinn 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. We make no guarantees, representations
or warranties, whether expressed or implied, with respect to professional qualifications,
quality of work, expertise or other information provided on the website. We do not in any way
endorse any individual described herein. In no event shall we be liable to you or anyone else
for any decision made or action taken by you in reliance on such information.
- No Medical Advice Provided: Please note that we do not recommend or endorse
any doctors, health
care providers, procedures, opinions, or other Information that may appear on the Website. If
you rely on any of the Information provided by the Site, you do so solely at your own risk. The
Information that you obtain or receive from Drinn , and its employees, contractors, partners,
sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling
purposes only. All medically related information comes from independent health care
professionals and organizations which are registered with Drinn and these information is to be
verified independently by you before your use it or recommend it to someone. The Information
provided on the Website and in any other communications from or provided through Drinn is not
intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or
treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare
professional because of advice that you may have obtained through the Website. Your use of
Information provided on the Website is solely at your own risk. Nothing stated or posted on the
Website or available through any Services is intended to be taken as the practice of medicine or
the provision of medical care.
- Termination: The Company reserves the right, in the event you breach these
Terms of Use
stipulated herein, to suspend and/or terminate your access to the Website with or without your
notice. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating
your access to the Website. Upon suspension or termination, your right to procure the Services
on the Website shall immediately cease and the Company reserves the right to remove or delete
your information that is available with the Company, including but not limited to login and
account information.
- Limitation of Liability: You expressly understand that under no circumstances,
including, but
not limited to, negligence, shall the Company be liable to you or any other person or entity for
any direct, indirect, incidental, special, remote or consequential damages including, but not
limited to damages for loss of profits, goodwill, use, data or other intangible losses,
resulting from circumstances, including but not limited to: The use or the inability to use the
Website and / or Services; or The cost of procurement of substitute goods and services resulting
from any data, information or services purchased or obtained through the Website and/or Services
The cost of procurement of substitute goods and services resulting from any messages received or
transactions entered into through the Website and / or Services; or Unauthorized access to or
alteration of your transmissions or data; or Any other matter relating to the Website and / or
services To the fullest extent permitted by law, in no event will the Company or its affiliates
be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential
damages, whether or not the Company has been warned of the possibility of such damages.
Notwithstanding anything to the contrary in these Terms of Use, the Company's liability under
these Terms of Use shall in no event exceed the Service fee amounts collected from you by Drinn
, but excluding any amounts collected by it for and on behalf of the doctor or health care
professional as a collection agent, for the provision of any clinical service by such
professional.
- By Using www.drinn.in 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;
- Your registration on the Website is solely for your personal and
non-commercial use. Any
use of this Website or its content other than for personal purposes is prohibited.
- Your personal and non-commercial use of this Website shall be
subjected to the following
restrictions:
- You may not modify any content of the Website;
- You may not decompile, reverse engineer, or disassemble the content;
- You may 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 Service available on the Website for commercial purposes of
any kind; or
- 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 post, submit, upload, distribute, or otherwise transmit
or make available
any software or other computer files that contain a virus or other harmful component.
- You will not impair or damage the Website and / or Services or any
connected network, or
otherwise interfere with any person or entity's use or enjoyment of the Website and/or
the Services.
- 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 delete or modify any content of the Website and/or
Services, 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.
- The Company cannot and will not assure you that other Drinn Users are
or will be
complying with the foregoing rules or any other provisions of these Terms of Use, and,
as between you and the Company, you hereby assume all risk of harm or injury resulting
from any such lack of compliance.
- All information, content and material contained in the Website and/or
Services are the
Company's intellectual property. All trademarks, services marks, trade names, and trade
dress are proprietary to the Company. No information, content or material from the
Website and / or Services may be copied, reproduced, republished, uploaded, posted,
transmitted or distributed in any way without the Company's express written permission.
- You acknowledge that when you access a link that leaves the Website,
the site you will
enter into is not controlled by the Company and different terms of use and privacy
policies may apply. By accessing links to other sites, you acknowledge that the Company
is not responsible for those sites. The Company reserves the right to disable links from
third-party sites to the Website, although the Company is under no obligation to do so.
- You expressly understand and agree that:
- The information, content and materials on this Website and/or Services
are provided on
an "as is" and "as available" basis. The Company and all its subsidiaries, affiliates,
officers, employees, agents, partners and licensors disclaim all warranties of any kind,
either express or implied, including but not limited to, implied warranties of
merchantability, fitness for a particular purpose and non-infringement.
- The Company does not warrant that the functions contained in content,
information and
materials on the Website and / or Services, including, without limitation any third
party sites or services linked to the Website and / or services will be uninterrupted,
timely or error-free, that the defects will be rectified, or that the Website or the
servers that make such content, information and materials available are free of viruses
or other harmful components.
- Any material downloaded or otherwise obtained through the Website and
/ or Services are
accessed at your own risk, and you will be solely responsible for any damage or loss of
data that results from such download to your computer system.
- You hereby indemnify, defend, and hold the Company, the Company's
distributors, agents,
representatives and other authorized users, and each of the foregoing entities'
respective resellers, distributors, service providers and suppliers, and all of the
foregoing entities' respective officers, directors, owners, employees, agents,
representatives, harmless from and against any and all losses, damages, liabilities and
costs arising from your use of the Website.
- Applicable Law: The interpretation of this Agreement and the resolution of any
disputes
arising under these Terms of Use shall be governed by the laws of India. If any action
or other proceeding is brought on or in connection with this Agreement, the venue of
such action shall be exclusively at New Delhi, India.
- Arbitration: Any dispute, claim or controversy arising out of or relating to
this notice
or the breach, termination, enforcement, interpretation or validity thereof, including
the determination of the scope or applicability of these Terms of Use to arbitrate, or
to your use of the Website or the Services or information to which it gives access,
shall be determined by arbitration in India, before a single arbitrator. Arbitration
shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The
venue of such arbitration shall be Bangalore, India. All proceedings of such
arbitration, including, without limitation, any awards, shall be in the English
language. The award shall be final and binding on the Parties. The Parties shall have
the right to apply to a court of competent jurisdiction to obtain interim injunctive
relief in respect of any dispute, pending resolution of such dispute in accordance with
Clause 11(a).
- Severability: If any provision of these Terms of Use is held by a court of
competent
jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such
provision shall be excluded from these Terms of Use. However, the remainder of these
Terms of Use 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 these
Terms of Use shall be interpreted so as to give effect, to the greatest extent
consistent with and permitted by applicable law
-
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:
Drinn Virtual Clinic Private Limited info@drinn.in
- Waiver: No term of these Terms of Use 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.
- Refund & Cancellation Policy:
- In case of cancellation or non-confirmation of the appointment by
Drinn due to any
reasons, three options are available to the consumer:
- He may ask for rescheduling the appointment with the specialist
doctor, or
- He may claim a refund of the advance payment, or
- The advance payment may be added as credit in the account of the
consumer and be
adjusted in due course for future consultations.
- In case the consumer misses or cancels the appointment, he shall not
be entitled to any
refund.
-
In case the consumer's credit card/debit card/payment account has been accidentally
overcharged, please notify Drinn of the same at the earliest. In case of over-charging,
the consumer has the following options:
- He may claim a refund of the outstanding amount. In such a
scenario, Drinn shall
make all endeavours to refund the amount within 7-14 working days.
- The outstanding amount may also be credited to the account of the
consumer so as
to be
adjusted in future consultations of himself or of any other person.
- The refund shall be made by e-banking or by demand draft or by other
such mode other
than cash, depending upon the suitability of both, Drinn and the consumer.
- For claiming refund, the consumer should necessarily have the valid
invoice of the
investigations, so as to be able to get the refund.
- Complete Understanding: These Terms of Use 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 these Terms of Use other than those
contained or referenced in these Terms of Use.
- Advice of Counsel: Each Party acknowledges:
- Having fully read these Terms of Use in its entirety;
- Having had full opportunity to study and review these Terms of Use;
- Having been advised that counsel for us has acted solely on our behalf
in connection
with the negotiation, preparation, and execution of these Terms of Use;
- Having been advised that all parties have the right to consult and
should consult
independent counsel respecting their rights and duties under these Terms of Use;
- Having had access to all such information as has been requested.
You have read these Terms of Use and agree to all of the provisions contained above.