Zoctr Health Private Limited ("Zoctr" and/or its affiliates) is the author and publisher of the Internet resource www.zoctr.com ("Website") on the world wide web as well as all software and applications provided by Zoctr, including the Zoctr Mobile Application under the brand name "Zoctr" ("App") accessible from iOS and Android mobile devices including smart phones, tablets etc.
The Zoctr Website and App is a platform that facilitates the booking and purchase of Home Healthcare services including Nurses, Attendants, Doctors, Physiotherapists, Medical Equipments etc. The platform may also facilitate provision of additional services including Tele-Consultations and e-Commerce purchase of other related and incidental healthcare products including Pharmacy, Diagnostics, Health-kits, Ambulance, Insurance etc. (collectively the "Services") offered by Zoctr as well as its Partners (collectively the "Health Partners") from time to time. The Services are offered to the Users through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various services.
The terms 'You' or 'Your' refer to you as the User (registered or unregistered) of the Website, App and/or Service and includes all Patients, Caregivers, Visitors, Sellers, Health Partners to the Website or App and the terms 'We', 'Us" and 'Our' refer to Zoctr.
The features / services of this Website and App are currently available only in India. However Users outside India may browse through the information provided in the Website or App or make bookings on behalf of themselves or their family members in India.
This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
Use: The Website is a platform that facilitates the corporate and other information display for Zoctr as well as the online bookings and purchase of Home Healthcare services including Nurses, Attendants, Doctors, Physiotherapists and Medical Equipment bookings, Video Consultations, Laboratory, Pharmaceutical and other related and incidental products and services (collectively the "Services") offered by Zoctr as well as its partners.
Zoctr is also the author and publisher of the computer software Zoctr, and all variants, editions, add-ons, and ancillary products or services of the computer software Zoctr (including all files and images contained in or generated by the software, and accompanying data, together). Zoctr software may be used by Users (defined below) to find, manage and organize information including but not limited to personal or non-personal information, Nurse/Attendant/Doctor/Healthcare Consultant information, home health bookings and appointments, prescriptions, laboratory and diagnostic tests, electronic medical records, billing, inventory, accounting details and other relevant information.
Zoctr is also the author and publisher of the Zoctr Mobile Application, and all variants, editions, add-ons, and ancillary products or services of the Zoctr App (including all files and images contained in or generated by the App, and accompanying data, together). Zoctr App may be used by Users (defined below) to find, manage and organize information including but not limited to personal or non-personal information, Nurse/Attendant/Doctor/Healthcare Consultant information, home health bookings and appointments, prescriptions, laboratory and diagnostic tests, electronic medical records, billing, inventory, accounting details and other relevant information.
The Website is accessible to non-registered users (i.e. visitors), registered users and healthcare service providers and health partners. "Non-Registered Users" are users who are not registered with the Website or App but who access information on the Website or App. "Registered Users" are users who have registered themselves and have an account on the Website or App by providing Zoctr with certain information and who can log on to the Website or App by providing their username and password or OTP. Certain features of the Website or App are available to Registered Users only. "Health Partners" or "HPs" are duly qualified and/or verified Doctors, Nurses, Attendants, Paramedical Staff, Physiotherapists, Medical Equipment Suppliers and other incidental and ancillary Healthcare Service Providers who may or may not be engaged by Zoctr and (a) with whom Registered Users can book appointments using the Website or App (b) whose services can be availed using the Website or App. Registered Users, Non-Registered Users and HPs shall collectively be referred to as "Users".
The various types of content available on the Website / App may be categorised as follows:
1.1 You must be 18 years of age or older to register, visit or use the Website or App in any manner. By registering, visiting the Website/App or accepting this Agreement, you represent and warrant to Zoctr that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website, App and the Software available through the Website/App and agree to and abide by this Agreement.
1.2 The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
1.3 A condition of the User's use of and access to the Website/App and the Software available through the Website/App provided by Zoctr to Users (together with the Website, the "Services") is the User's acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this computer resource / the Website or App immediately and discontinue use of all Services.
1.4 Zoctr authorizes the User to view and access the content available on or from the Website/App solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the website, app, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website and App (collectively, "Zoctr Content"), are the sole property of Zoctr and are protected under copyright, trademark and other laws. User shall not modify the Zoctr Content or reproduce, display, publicly perform, distribute, or otherwise use the Zoctr Content in any way for any public or commercial purpose or for personal gain.
1.5 You are responsible for maintaining the confidentiality of the Your account access information and password. Multiple people are not permitted to share the same/single login. User must not share login details or password or OTP with anyone. You shall be responsible for all usage of the Your account and password, whether or not authorized by You. You shall immediately notify Zoctr of any actual or suspected unauthorized use of the Your account or password. Although Zoctr will not be liable for any losses caused by any unauthorized use of Your account, You may be liable for the losses of Zoctr or others due to such unauthorized use
1.6 Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their user name or right to use the Service to any third party. You, the User, are solely responsible for the way anyone you have authorized to use the service uses the Services, and for ensuring that all of such users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such user shall be deemed to be a violation thereof by you.
1.8 You shall not access the Services if You are Zoctr's direct competitor, except with Zoctr's prior written consent. In addition, You shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
1.9 You will use the Website/App and the features provided by the Website/App only in relation to and in compliance with all applicable Indian laws.
1.10 You understand that as part of Your registration process as well as in course of Your use of the Website/App, You may receive SMS messages and emails from Zoctr on Your registered mobile number or email id. These messages/emails will relate to Your registration, transactions that You carry out through the Website/App and any such information found suitable of Your attention by Zoctr. Please note that Zoctr will send these SMS messages only to the mobile number that You provide on the Website/App. It is Your responsibility to ensure that You provide the correct number for the transaction You wish to enter into. Further, Zoctr may also send notifications and reminders to You with respect to bookings done or appointments scheduled by You for the features that You may be using on the Website/App. You hereby consent to receive such messages/emails from Zoctr.
2.1 Zoctr Services are individual and personal in nature. They are therefore non-transferable and only cover the individual(s) named in the Zoctr Patient Service Contract.
2.2 Patients who enroll on the Zoctr Website or App must be Male or Female Adults more than 18 years of age and of a sound mind except for Baby Care and Adolescent Care Plans where patients may be under 18 years of age but represented by an adult of sound mind. Patients for which services are enrolled need to be medically stable, non-critical and meeting all patient eligibility criteria specified in the Service contract at the time of enrolment.
2.3 Before initiating any Home Healthcare services, all patients shall be required to sign a Patient Consent Form authorizing Zoctr / its HPs to perform such medical examinations, investigations and laboratory / diagnostic / medical procedures, administer such medical care and suggest such out-patient procedures, immunizations, vaccinations etc. as deemed necessary by them and wherein the patient or guardian confirms that he/she has been fully advised of the risk such investigations / procedures and treatment(s) may carry. Patients will further be required to sign a specific Patient Services Agreement with specific Terms and Conditions of service and commercials at the time of initiating any Home Healthcare services.
2.4 Zoctr Services shall be provided in only cities where Zoctr has its operations at any given time. Zoctr may offer its Services in other geographies and areas on exception basis. These geographies and areas will be specifically listed in the Zoctr Patient Service Contract signed by You. Notwithstanding anything contained herein, You hereby acknowledge and agree that Zoctr reserves the right to refuse Service in any area for any reason in its sole discretion. The reasons may include instability of the health of the patient, inaccessibility of the area where the Service is requested or lack of service coverage.
2.5 All Zoctr Home Health and other related and incidental Services, Service Structures & Service Fees are subject to change without prior notice and at the sole discretion of Zoctr.
2.6 Once a User enrolls for a Service, the defined service structure shall be personalized on the basis of individual health assessment, stage of disease, available investigation reports, investigational requirements and available treatment options as per the medical opinion of the treating physician(s) which shall be final and binding. Some tests/procedures may be dropped altogether and other test/procedures may be included as applicable.
3.1 The Website/App allows You to make service bookings for home health services with our Health Partners. In doing so, Zoctr will provide You with lists and/or profile previews of HPs who may be suitable to deliver the service that You are seeking based on information that You provide to Zoctr (such as area of specialty and geographical location). For certain specific Services, Zoctr may chose a HP on Your behalf based on the nature of services You request and based on the HP's availability to provide the required service. You hereby authorize Zoctr to do the same.
3.2 Doctor/Nursing/Paramedical Staff/Physiotherapy/Lab and Other Homecare Bookings shall be confirmed as per availability and Zoctr reserves the right to schedule/reschedule/cancel all such bookings and provide notification for the same.
4.1 Zoctr respects the intellectual property rights of others, and We expect the same from You. The Zoctr Website, App, User Content, HP Content and the Zoctr Content are protected by applicable intellectual property laws.
4.2 All intellectual property in and to the Website, App and all softwares, techniques and processes used in connection with the aforesaid, belong exclusively to Zoctr or its licensors. Through Your use of the Website or App, by no means are any rights impliedly or expressly granted by Zoctr to You in respect of such works.
4.3 Zoctr and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the Website/App. Notwithstanding the generality of the foregoing, the name, "Zoctr" is the sole trademark and copyright (or any other intellectual property right) of Zoctr. Any use of the Zoctr's trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of Zoctr and may be actionable under the applicable laws.
4.4 When You use the Zoctr Website/App in accordance with this Agreement, a limited royalty-free right is granted to You by Zoctr to use Zoctr Content for personal and non-commercial use in India for the time that You are either a User (Registered or Unregistered) or for the time that You make use of the Website/App, whichever is less.
4.5 Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
4.6 Unless expressly authorized by Zoctr, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Zoctr Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
Rights in User Content and HP Content:
4.7 You agree that You are the owner of all rights (including all intellectual property rights) in the User Content (in case You are a Registered User) or HP Content (in case You are a HP) that You post on the Website/App or provide to Zoctr.
4.8 You hereby grant Zoctr a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content (in case You are a Registered User) or HP Content (in case You are a HP) including the right to copy, distribute, display, reproduce, modify, adapt, the User Content or HP Content, as the case may me, and create derivate works of the User Content or HP Content, as the case may be.
4.9 Zoctr reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of Website/App at its discretion. All Users of its Services will be duly notified upon release of such newer versions and Zoctr reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems fit.
5.1 You have the option of uploading Your identifiable health information including physical, physiological and mental health condition, and medical records, reports and history on the Website/App which may be accessed by the HP at the time of service interactions with You using the Website/App.
5.2 We may collect various personal information from You when You use the Website/App and or the features provided by the Website/App.
5.5 Zoctr is required by law to maintain the privacy of your medical information. We assure to take your privacy seriously and to maintain privacy and confidentiality of the information provided by you to us. We shall not intentionally or unless required under the law, share any of your personal information with any outside authorities or any third party. We however do not guarantee or assure that the electronic communications received from you or contents or records may not be accessible to the third parties.
5.6 You hereby authorize Zoctr to use Your medical information for the purpose of insurance coverage, health claims processing or to discuss treatment options with other medical professionals or for research purposes while ensuring protection of patient privacy and confidentiality under applicable laws.
5.7 Zoctr may require You to undertake an initial medical examination at the time of enrolment in a Zoctr Service and record Your medical, medication and treatment history. In such a case, You hereby consent to collection of Your personal data and its subsequent reasonable use under Services.
6.1 You may be provided with links on the Website/App that direct You to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively "Third Party Websites").
6.3 We do not extend this Agreement to any other Websites/Apps except for this Website/App. We do not make any warranty or give any security to the personal information disclosed by You to the other Websites/Apps, even if such Websites/Apps are linked to our Website/App or they are using our Website link or App link.
6.4 Zoctr does not endorse any Third Party Websites/App that You may be directed to from the Website/App.
7.1 You hereby agree to pay the stipulated fee and dues as listed on the Website/App or agreed with you in written at the time of signing the Patient Services Agreement to receive some of the Services on the Website/App and/or get enrolled into Zoctr Services. This includes any one-time registration fee that may be charged to you for creating a User Account on Zoctr Website/App.
7.2 Zoctr Home Health Service fees are eligible for standard deductions under Section 80D of the Indian Income Tax Act, 1961. Some of the Zoctr Services, mainly Home Health Services do not currently attract any GST because of the exemption offered by law. Zoctr reserves the right to charge You with government taxes, fees and cess as applicable from time-to- time over and above the Service fees.
7.3 Zoctr Service fees does not include cost of medicines and procedures such as MRIs, CT Scan, X-Rays etc. other than those clearly specified in Service inclusions. Such products or services can be optionally procured by User through Zoctr or its partners.
7.4 Any tests/procedures not specified in the service plan and required as per the medical opinion of the treating physician to be charged at actuals post User consent. However, there will be no change in the Zoctr Service fee structure if some investigations/procedures are dropped for medical reasons or in light of User's recent medical investigation reports.
7.5 Any additional visits or services not covered specifically in Zoctr Service inclusions shall be charged additionally as per Zoctr Service standard fee schedule.
7.6 Any emergency ambulance mobilization, treatment, diagnostic and procedure costs not covered specifically in Zoctr Service inclusions shall be charged at actuals.
7.7 Any Specialist/Super Specialist consultation by referral as deemed necessary by treating physician shall be charged at actuals as per standard fee structure of referred consultant.
7.8 All additional / optional services are available only during the Zoctr Service validity period specified at the time of Service purchase and shall not extend after the Service validity expires.
7.9 Zoctr offers some Custom Intensive Zoc Home Rehab (ZIHR) / Zoc Home Chronic Care & Wellness (ZHCW) / Zoc Health Check-up (ZHCP) Service Packages. Such custom packages with patient specific pricing can be designed based on User Specific treatment requirements and at the sole discretion of Zoctr.
7.10 Zoctr shall have sole discretion to refuse enrolment of a User in a Zoctr Service after receipt of Zoctr Service fees based on the medical opinion and judgment of its medical team. In such cases, Zoctr shall immediately refund all fees paid by patient post deducting the initial medical examination fees of Rs. 2000/-. Patient shall be handed over the comprehensive medical report.
7.11 Zoctr may levy an advance Internet handling fee for each interaction that You may book with an HP through the Website/App. Zoctr may also collect the service fee payable to the HP for Services to be rendered by HP in advance through the payment gateway on the Website/App.
7.12 The Website/App uses third party support and services including payment gateways and wallets to process online fee payment. The payment of any fees would be considered to be complete only on receipt of the amount to Zoctr's designated bank account. Zoctr is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Zoctr.
7.13 The Zoctr service fees could also be paid offline in the form of Cheque, Draft or Cash and be either collected personally from the User or required to be mailed to Zoctr at the following address: Zoctr Health Private Limited, 1002, 10 th Floor, Lodha Supremus, iTHINK Techno Campus, Kanjur Marg (E), Mumbai - 400 042
7.15 Zoctr reserves the right to modify the fee structure by providing a 7 (seven) days' prior notice, either by notice on the Website/App or through email to the authorized User, which shall be considered as valid and agreed communication.
7.16 Notwithstanding anything to the contrary contained herein, in case the payments are made by a User through credit card, invoice for subsequent subscription period/renewals shall be generated 7 (seven) days prior to the expiry of the existing subscription period and an email will be sent to the email id of such User registered with Zoctr intimating such User about expiration of the current subscription period and that the credit card of such User registered with Zoctr may be charged automatically against payment of subscription fee for subsequent subscription period, along with a copy of the invoice for the subsequent subscription period/renewal. If a User is not willing to continue or renew the subscription of Services, the same should be communicated to Zoctr within 3 (three) days of receipt of such intimation from Zoctr. In the absence of such intimation to discontinue the subscription, Zoctr shall be entitled to charge the credit card of the User registered with Zoctr on the day the current subscription period expires.
7.18 Zoctr shall send an intimation of receipt of fee from the Users through an email within 3 (three) working days of receipt of fee from such User.
7.19 In case of non-payment of any fee beyond the date a payment becomes overdue (overdue date), Zoctr reserves the right to take all of the following actions as it deems appropriate
7.20 In the event of conflict between the commercials displayed on the Website/App and the final commercials agreed between the User and Zoctr on the Patient Services Agreement, the rates displayed in the service specific agreement viz. Patient Services Agreement will take precedence over the general rate card or pricing schedule displayed on the Website/App.
8.1 Zoctr services are not a replacement to emergency services offered at hospitals and are not applicable if the patient is in a critical or unstable state. In case of emergency, please contact emergency services and/or rush to nearest hospital. All charges and costs towards emergency treatment to be borne by the patient.
8.2 If an emergency occurs while a Zoctr Doctor is treating the patient at home or the Zoctr Staff is providing home health services, the Zoctr Staff will take all necessary steps for Patient Stabilization, Ambulance Coordination, Patient Admission to the nearest hospital facility and provide all reasonable patient support to ensure patient rescue. All charges and costs towards emergency treatment to be borne by the patient.
8.3 In the eventuality of death of any Patient at home, Zoctr will not provide any death certificate to the patient as we are merely administering Home Healthcare services and not providing any long-term doctor care to the patient. In the event, any foul play is suspected, Zoctr may additionally request for a medical post mortem report.
9.1 Zoctr's role is limited to a) providing a platform for sale and purchase of Home Health Services by approved and verified Health Partners (HPs) b) providing a platform to find HPs based on Registered User's inputs and HP profiles created by Zoctr or HPs themselves c) platform for providing or receiving Online Services such as video-consultation and remote monitoring d) providing a platform for HPs to promote their Services e) facilitating collection and disbursal of service fee of HPs.
9.2 Zoctr's role is that of an 'intermediary' as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, Zoctr has no responsibility and / or liability in respect of the content on the Website/App including any User Content or HP Content, information provided by HPs etc.
9.3 Zoctr does not have the obligation to pre-screen or monitor User Content at any time except in the case of HP content wherein a formal verification is done by Zoctr using third party background verification agencies. However Zoctr may elect to monitor any User Content and may modify or remove any User Content from the Website/App if Zoctr determines in its sole discretion that such User Content is in violation of this Agreement or any applicable law and best practices. Where Zoctr removes any User Content from the Website/App, Zoctr will make reasonable efforts to inform the User who has posted such User Content. Such actions do not in any manner negate or dilute Zoctr's position as an intermediary or impose any liability on Zoctr with respect to User Content.
9.4 If Zoctr suspects any illegal, wrongful or fraudulent activity on the Website/App by any Registered or Unregistered User or HP, notwithstanding any other rights Zoctr may have, Zoctr reserves the right to block all such information appearing on its Website/App on an immediate basis and inform the relevant government or law enforcement authorities about such activity. Zoctr will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
9.5 Zoctr does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.
9.6 Zoctr or HPs shall in no way be responsible for any serious adverse event or adverse drug reaction caused to the patient due to the treatment drug or procedure administered on the patient and recommended by a third party treating physician or doctor and without any negligence on part of Zoctr or HP.
9.7 Neither Zoctr nor HPs shall further be liable to the User who is a patient, monetarily or otherwise for events caused in the course of the treatment wherein Zoctr was merely giving home care and no medical or procedural negligence of Zoctr (i.e. by HP engaged by Zoctr) or HP is proven.
9.8 Zoctr is not liable for the sudden escalation of a prior medical condition or medical situations that occur on account of omission of critical and material health disclosures by patient at the time of enrolment.
9.9 Subject to applicable law, Zoctr will provide to the User basic support for the Services at no additional charge and will use commercially reasonable efforts to make the Services available on a 24 hour basis a day, 7 days a week (Mon to Sun), except for (i) planned downtime (of which Zoctr shall give at least 8 hours notice via the Services and which Zoctr shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Indian Standard Time (IST) Friday to 6:00 a.m. Indian Standard Time (IST) Monday), or (ii) any unavailability caused by circumstances beyond Zoctr's reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or Internet Service Provider failures or delays.
9.10 Zoctr Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Users are permitted to make against Zoctr's application programming interface, and, other limitations dependent on the User plan, for example, number of SMS, number of appointments, number of users or accounts, validity of subscription etc.
10.1 Delivery & Shipping Policy: For all service bookings made on the Zoctr Website or App, a Zoctr Service Manager will get in touch with you within 1 (one) business day to re-confirm your service booking details and schedule screening visit or healthcare appointment as the case may be. We will try our best to initiate the service on the requested service start date subject to staff availability. We will further ensure that all documentation including Patient Consent Form and Patient Services Agreement is completed within 1 business day of service start and an advance invoice is generated within 2 business days of service start. For all Zoctr product orders including Medical Equipment, Pharmacy and other products, delivery shall be made to the specified delivery address within 3-5 business days of the order.
10.2 Refund & Cancellation Policy: For Home Health services, Zoctr will bill you on a per day service usage basis and refund any amounts due should the service stop intermittently. The only deductible fee will be the One-Time Registration Fee or any pass-through expenses incurred e.g. Pharmacy, Diagnostics etc. on your behalf. For Medical Equipment, rentals are for a minimum 1 (one) month period. No amount will be refunded from the monthly fee once the equipment shall be installed at your place. However, any advance fee paid for successive months shall be refunded in full. Any transportation charges will be charged at agreed rates. Zoctr shall further provide zero refund against any Zoctr Long Term Care Subscriptions purchased by the consumer. All refunds shall be processed within 21 business days of the refund request and receipt of proper bank account details by Zoctr. Refunds shall be made via cheque, DD or Online Wire payments and a refund intimation will be send to you on your registered email id.
11.1 Zoctr will strictly adhere to and adopt all reasonable measures to ensure compliance to all central and state government regulations and directives of the health ministry, Indian Council of Medical Research guidelines, the Medical Council of India and State Council guidelines as applicable from time-to- time.
11.2 Zoctr will strictly adhere to and adopt all reasonable measures to ensure compliance to Data Privacy guidelines stipulated by Indian Laws concerning patient privacy and confidentiality for patient offline and online data.
11.3 Zoctr shall procure all necessary licenses including Gumasta, Sales Tax & GST Registration, and FDA Licenses and any other licenses as applicable to the products and services it offers.
Data Recording, Storage, Encryption & Usage
11.4 All video-consultations /IM chat consultations /text messages /audios /videos /transcripts /prescriptions /email and hard copy correspondences between Users, who are patients, and HPs engaged by Zoctr shall be recorded, saved and stored for record purposes and produce these as evidence if directed by a court of law.
11.5 All User data shall be recorded, saved and stored electronically in a secure database with User role based access rights, electronic signatures, audit trials and data back-up processes. Zoctr shall use appropriate levels of encryptions to protect data and will take all necessary precautions. Zoctr will however not be responsible for any inadvertent cyber data theft from its website or databases to steal or destroy data.
11.6 Zoctr shall maintain a detailed transaction and purchase history of Users online. After expiry of any Service, including Zoctr Service, Zoctr reserves the right to permanently delete User personal information unless such Zoctr Service is renewed.
Tele-Consulting Terms & Conditions
11.7 All Users, who are patients, and who opt for Tele-consulting services (including Telephone, Chat and Video based Consultation) need to provide detailed medical reports detailing the patient medical history for the last one (1) year period or in the absence of such medical reports undergo a compulsory initial medical examination to ascertain and record medical history, medication history and medical status before video-consulting support can be provided.
11.8 Tele-consulting shall be provided via multiple communication channels including Call Center Helplines /Telephones /Mobiles /IM Chats /Online Chats / SMS & Text Chats with and without camera and video facilities. Reasonable efforts will be made to protect User privacy and confidentiality across video- consultations.
11.9 Zoctr Tele-Consultation Services will be available on a 365 X 12 X7 basis except in a Force Majeure situation (defined later).
Home Medicine Delivery Terms & Conditions
11.10 For the avoidance of doubt, it is hereby clarified that Zoctr is not in the business of sale and purchase of medicines. It is merely providing a platform where Users may purchase drugs from physical or online pharmacies who have partnered with Zoctr.
11.11 Zoctr may offer home delivery of medicines by tying-up with third party pharmacies and associated service providers. All medicine delivery orders shall be delivered on best effort basis between 8.00 am to 8.00 pm within 3-5 business days of the date of the confirmed order.
11.12 Zoctr shall neither process order pertaining, nor facilitate delivery of Schedule X drugs. While facilitating orders for delivery of medicine online, it shall not act in contravention of any law or guidelines issued by Central Drugs Standard Control Organization & State Food & Drug Administration from time to time. Any order accepted by Zoctr which does not conform to the requirements above shall be cancelled and all monies, if processed, from the order shall be refunded to the customer.
11.13 Zoctr and its partners shall only accept orders against upload of scanned and clearly visible prescriptions and patient name, doctor/ hospital/ clinic details and deliver medicines only against physical verification of prescription and delivery date, time and quantity stamp on prescription at time of delivery. In case User is unable to satisfy either or both of these requirements, Zoctr shall refund the payment after deduction of administration cost of INR 200/- per order.
11.14 Zoctr reserves the right to refuse delivery of any medicine to any patient or to any area based on its own discretion.
11.15 All medicine prices displayed on Zoctr are MRP provided by manufacturer and subject to change.
Insurance & Indemnities
11.16 Zoctr shall offer cashless services and directly settle health bills with insurance companies for such expenses that are covered under daycare, pre-operative and post-operative categories for Home Health patients.
11.17 Zoctr shall purchase and maintain appropriate insurance covers and indemnities including professional indemnity insurance, general liability insurance and other relevant insurance covers for potential medico-legal and/or medical negligence claims from Users who are patients.
Enrolling, Training & Verification of Health Partners
11.18 Zoctr shall enroll qualified and trained Health Partners for performing all Home Health services offered on the Zoctr Website/App. Where necessary, Zoctr shall further orient, train and sign off such Health Partners before they initiate active customer service.
11.19 Zoctr shall carry out appropriate background and reference checks for all its Health Partners within 30 days of recruitment. We also include Aadhar Authentication and Criminal Court Order Check in our HP verifications processes. However the results of such verification reports are confidential and accessible only to Zoctr and its internal staff and will not be shared with User under any circumstances. These reports can however be shared with law enforcement agencies on as needed basis.
Sexual & Other Harassment Prevention
11.20 Zoctr shall strive to take all reasonable steps towards the safety of its Users and Health Partners such as appropriate screening, background and reference checks, criminal court order record checks, appointment logging, GPS tracking and emergency activations for both Customers and Health Partners.
11.21 Zoctr further takes any sexual or other harassment complaint from any User, Customer or Health Partner very seriously. Zoctr has detailed SOPs to handle such sexual harassment or verbal or physical abuse situations or charges and has further formed an Internal Complaint Committee (ICC), which deals with any complaints on Sexual Harassment as well as other matters of violence of any kind within the organization. Zoctr will also involve any law enforcement agencies where it sees fit to tackle such sexual harassment matters including cases of rape, molestation, sexual misconduct or any kind of verbal or physical abuse or violence.
User Grievance Management
11.22 Zoctr shall maintain a Complaint Record for all User complaints, escalations and suggestions. Zoctr further has appointed designated "Mr. Jaysing Shinde" as the Grievance Officer, who will redress the grievances of the Users expeditiously and can be reached on email@example.com with copy to firstname.lastname@example.org.
Your use of this Website/App shall be subjected to the following restrictions:
12.2 Zoctr, upon obtaining knowledge by itself or through any other source, shall be entitled to disable such information that is in contravention of this Agreement and shall be entitled without obligation to preserve such information and associated records for the purpose of production to governmental authorities for investigation purposes.
You will not host, display, upload, modify, publish, transmit, update or share any information that:
13.1 By Using This Website/App You Represent And Warrant That:
14.1 Zoctr disclaims any representation and/or warranty for the security, reliability, quality, timeliness, and performance of (i) the Website/App and its features; (ii) health service providers who promote or sell their services on the Website/App; (iii) any information, content or advice available on or received through the Website/App (iv) access to or alteration of user content or hp content (v) transmissions or data and (vi) any other matter relating to the website, app and / or services.
14.2 Zoctr makes no warranty or representation that any errors in the Website/App will be corrected except as required by law.
14.3 Zoctr assumes no responsibility and/or liability with respect to any user content which you may post on the Website/App and you are solely responsible for such user content posted on the site.
14.4 You agree that the open and real-time nature of the platform makes it impossible for Zoctr to vouch for the validity, authenticity and honesty of user content. Zoctr is not responsible for any user content on the site, or for the consequences of you reading or relying on such user content.
14.5 The Services provided by Zoctr or HPs are provided on an "as is" and "as available" basis and Zoctr does not take any liability for non-availability of an HP for particular services booked by you or a particular location booked by you.
14.6 Neither Zoctr nor any third party service providers are liable for any technical or other operational difficulties or problems which may result in loss of your data, personalization settings or other interruptions in the features offered on the Website/App neither Zoctr nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any User Content, HP content or Zoctr Content or your personalization settings.
14.7 Zoctr assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User's sole remedy is to discontinue using the Website.
14.8 Zoctr does not provide any guarantee and shall not be held liable or responsible for the failure to send sms or other notifications or reminders to you as a feature of the Website/App.
14.9 Zoctr shall not be responsible or liable for any breach or loss of data including Personal Information caused due to events beyond the control of Zoctr or due to technical reasons or third party actions.
14.10 The Website/App may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized Zoctr representatives or agents, and their opinions or statements do not necessarily reflect those of Zoctr, and they are not authorized to bind Zoctr to any contract. Zoctr hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or Visitors in such a manner.
14.11 Clinical Support Information: The Website/App 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 healthcare related information and resources. The information and materials available through the Website/App are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute professional judgment. We are not responsible for the accuracy or completeness of any such information available from or through Our Website/App. You assume full risk and responsibility for the use of such information You obtain from or through this site, and You agree that Zoctr 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 health-related products, items or services, and the appearance of materials on the Website/App 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 information on the Website, and to make an independent determination of their suitability for Your use. We make no guarantees, representations or warranties, whether expressed or implied, with respect to information provided on the Website
15.2 You shall be liable to indemnify and hold Zoctr harmless against all damages, losses, costs and expenses incurred by Zoctr as a consequence of any complaint from any third party received by Zoctr with respect to Your defective usage of the Website/App.
16.1 To the fullest extent permitted by law, in no event will Zoctr, Health Partners or any of their Directors, Officers, Employees, Agents or Content or Service Providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill) arising from, or directly or indirectly related to, the use of, or the inability to use the Website/App or the Services including Zoctr Services, materials and functions related thereto whether or not Zoctr has been warned of the possibility of such damages or could have reasonably foreseen such damages.
16.2 Notwithstanding anything to the contrary in this Agreement, in no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User's use of the Website/App exceed, in the aggregate, INR 1000.
16.3 In no event shall the Protected Entities be liable for failure on the part of the Users/Health Partners to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the protected entities be liable for any comments or feedback given by any of the Users in relation to the services provided by a User/Health Partner.
16.4 The User shall not hold Zoctr responsible or liable in any way for any disclosures by Zoctr under Regulation 6 of the SPI Rules.
16.5 The Services provided by Zoctr or any of its licensors or providers are provided on an "as is," " as available" basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Zoctr does not provide or make any representation, warranty or guaranty, express or implied about the Website/App or the Services. Zoctr does not verify any content or information provided by Users on the Website/App and to the fullest extent permitted by law, disclaims all liability arising out of the User's use or reliance upon the Website/App, the Services, the Zoctr Content, representations and warranties made by the Users or the content or information provided by the Users on the Website/App or any opinion or suggestion given or expressed by Zoctr or any User in relation to any User or services provided by such User.
16.6 Zoctr assumes no responsibility, and shall not be liable for ways in which Patient data is used by Doctors, Healthcare Consultants and other authorized users of Software. It is the responsibility of the Doctor/Healthcare Consultant alone to ensure that the Patient data either stored in Software or taken out from Software by printing or exporting to PDF, CSV or any other computer file format or data stored offline in mobile devices of Users accessing Software through mobile applications published by Zoctr, is used in compliance to local privacy laws applicable to the Doctor's/Healthcare Consultant's business transactions with Patients.
16.7 Zoctr assumes 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/App or the downloading of any material, data, text, images, video content, or audio content from the Website/App. If a User is dissatisfied with the Website/App, User's sole remedy is to discontinue using the Website/App.
16.8 The Website/App may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized Zoctr representatives or agents, and their opinions or statements do not necessarily reflect those of Zoctr, and they are not authorized to bind Zoctr to any contract. Zoctr hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or Visitors or Health Partners in such a manner.
17.1 This Agreement will remain in full force and effect while the User is a user of the Website/App in any form or capacity.
17.2 User can terminate his/her/its relationship with Zoctr at any time by providing 30 (thirty) days' prior written notice to email@example.com or calling relevant Zoctr Staff. We need this period to inactivate User account, only after verifying if there are any ongoing or pending Services or Payments. Zoctr may require User to continue until the completion of an on-going Service should the situation warrant. User shall be obligated to pay Zoctr for any Services which User has procured or agreed to procure.
17.3 In the event when User has breached this Agreement in Zoctr's sole discretion or when Zoctr is unable to verify or authenticate any information provide by User to Zoctr or when or User fails to provide the consents necessary or desirable for Zoctr to provide the Services (or after providing such consent, later revokes), Zoctr reserves the right to suspend and / or terminate Your user account and/or access to the Website/App by blocking Your IP address or email id with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating Your user account and/or Your access to the Website/App. Upon suspension or termination, Your right to use the features on the Website/App shall immediately cease and Zoctr may remove or delete Your information that is available with the Company, including but not limited to login and account information.
17.4 Upon user account termination or suspension, regardless of the reasons therefore, User's right to use the Website, App, User Content, HP Content or Zoctr Content immediately ceases, and User acknowledges and agrees that Zoctr may immediately deactivate or delete User account and all related information and files in User account and/or bar any further access to such files or this site.
17.5 Zoctr shall not be liable to User or any third party for any claims or damages arising out of any termination or suspension of User's account or any other actions taken by Zoctr in connection with such account termination or suspension.
17.6 Once User's account has been temporarily or indefinitely suspended or terminated, User may not continue to use the Website/App under the same account, a different account or re-register under a new account.
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 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 Zoctr:
Zoctr Health Pvt. Ltd.
1002, 10th Floor, Lodha Supremus,
iTHINK Techno Campus, Kanjur Marg (E),
Mumbai - 400 042
If to You:
Registered Email Id or Postal Address provided by You to us when You registered as a User
20.2 In the event the delivery of the notice is attempted to be made at all the contact addresses provided by the party, the notice shall be deemed delivered on the third day from the date of the notice.
22.1 The information provided under this Website/App and the terms and conditions therein are governed by and to be interpreted in accordance with the Laws of India.
22.2 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 this Agreement to arbitrate, or to Your use of the Website, App or its features or the information to which it gives access, shall be determined by arbitration in India, before a single arbitrator in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be Mumbai, India. The governing law of the Agreement shall be the substantive law of 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.
22.3 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 the Agreement.
23.2 If a User has any questions concerning Zoctr, the Website, App, this Agreement, or anything related to any of the foregoing, Zoctr can be reached at the following via email at firstname.lastname@example.org.
23.3 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.
23.4 Complete Understanding: The Agreement contains 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.
23.5 Force Majeure: Zoctr shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond Zoctr's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, internet service provider failures or delays, or denial of service attacks.
23.6 Advertisement: Zoctr 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/App.
In the event of conflict between the policies displayed on the Website/App and the Patient Consent Form or Patient Services Agreement, the service specific agreements viz. Patient Consent Form or Patient Services Agreement will take precedence over the policies displayed on the Website/App.
23.8 Survival: Even after termination, certain obligations mentioned under this Agreement such as Limitation of Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
23.9 Modifications: Zoctr reserves the right to modify any part of the Agreement at any time without giving You prior notice. If You do not agree to the changes, please do not use the Website/App any further.
Version No. 2.0
Last Updated: 1st October, 2017
By using our Services, you agree to our Terms and Conditions as stated above.