DearDr. An ANS Healthcare Initiative Terms & Conditions

These terms and conditions govern the use of www.deardr.in or the DearDr. App and constitute a legally binding agreement between you (“the Customer” or “the User”) and www.deardr.in, a licensed aggregator of diagnostic labs. This document is an electronic record under the Information Technology Act, 2000, generated by a computer system, and does not require any physical or digital signature. It is published by Rule 3 (1) of the Information Technology Rules, 2011, mandating the publication of rules, regulations, privacy policy, and Terms of Use for access or usage of https:/// or the DearDr. application. The domain name www.deardr.in (referred to as ‘Website’) and the Mobile Application DearDr. (referred to as ‘App’) are owned by DearDr., An ANS Healthcare initiative.

# USE OF CONTENT

All logos, brands, marks, headings, names, signatures, or any combinations thereof appearing on this site are properties either owned or used under license by the business and/or its associate entities featured on this Website. Unauthorized use of these properties or any other content on this site is strictly prohibited unless explicitly permitted in these terms and conditions or the site content.

# ACCEPTABLE WEBSITE USE

**(A) SECURITY RULES**

Visitors are prohibited from:
1. Accessing data not intended for them or logging into unauthorized servers or accounts.
2. Attempting to probe, scan, or test the vulnerability of a system or network or breach security or authentication measures without proper authorization.
3. Interfering with service to any user, host, or network, including, without limitation, via means of submitting a virus or “Trojan horse” to the Website, overloading, “flooding”, “mailbombing”, or “crashing”.
4. Sending unsolicited electronic mail, including promotions and/or advertising of products or services.

Violations of system or network security may result in civil or criminal liability. DearDr., An ANS Healthcare initiative reserves the right to investigate such violations and cooperate with law enforcement authorities in prosecuting users involved in such violations.

**(B) GENERAL RULES**

Visitors may not use the Website to transmit, distribute, or store material that:
– Could constitute or encourage conduct that would be considered a criminal offense or violate any applicable law or regulation.
– Infringes the copyright, trademark, trade secret, or other intellectual property rights of others or violates the privacy or publicity of other personal rights of others.
– Is libelous, defamatory, pornographic, profane, obscene, threatening, abusive, or hateful.

By visiting our website or installing the app, you agree to these terms of service. Please read the document carefully before proceeding to use our services.

 1. ACCOUNT CREATION

Although visiting our website does not require an account, certain operations like ordering products and posting reviews require you to set up an account with www.deardr.in. To set up an account, you must provide certain information about yourself as prompted. All information provided by you is protected by us.

You represent and warrant that the information provided during registration is accurate. www.deardr.in is not responsible for any damages or losses resulting from your failure to maintain the confidentiality of your account.

Your www.deardr.in account, password, and other details are personal to you and cannot be transferred to anyone else.

Users must be 18 years or older to register an account with www.deardr.in.

 2. PRIVACY POLICY

We understand that the privacy of the information provided by you is important. We handle your information responsibly and do not share it with anyone (individual or organization) other than our business partners. We may share your information with business partners only to fulfill the service.

3. COMMUNICATION

By using our service (Website or App), you agree to be communicated with by www.deardr.in or its partners for service, promotion, or other purposes. Communication may occur via telephone calls, SMS, email, WhatsApp, or other mediums.

4. PAYMENT SECURITY POLICY

All your transactions and information when placing an order with us will be encrypted before passing over the internet, ensuring the privacy and high level of security of all your information.

5. PRICING

All services on the website will be sold at a price fixed by the diagnostic center unless otherwise specified. www.deardr.in reserves the right to change the price of any product without notice. In case the prices change after ordering but before delivery, the price difference will not be collected or refunded.

6. CANCELLATION

We at www.deardr.in are committed to honoring all eligible orders placed through our Website and Application. However, www.deardr.in reserves the right to cancel any order with or without notice and without liability.

Customers can cancel their booking as follows:
– For cancellations up to 2 hours before the scheduled slot for sample collection, the customer will receive a 100% refund.
– For cancellations less than 2 hours before the sample collection, charges for the phlebotomist shown during booking will be charged, and the rest will be refunded. If the customer was supposed to pay during sample collection and has not prepaid, the phlebotomy charge will be levied as a penalty and charged on the next booking by the customer.
– For cancellations done after sample collection, no amount will be refunded.
– All refunds may take up to 7 working days.

7. MODIFICATION OF TERMS & CONDITIONS OF SERVICE

DearDr. An ANS Healthcare initiative reserves the right to modify the Terms and Conditions of use of the website and App at any time without prior notification to you. You can access the latest version of these Terms and Conditions on the Site at any time. It is your responsibility to regularly review the Terms and Conditions on the Site. If you find the modified Terms and Conditions unacceptable, you should discontinue using the Service. However, if you continue to use the Service, you shall be deemed to have accepted and agreed to abide by the modified Terms of Service of this Site.

DearDr. An ANS Healthcare initiative is not liable for any damages or losses that may occur due to changes in the terms and conditions policies.

8. TERMINATION

This User Agreement remains valid unless and until terminated by you or DearDr. An ANS Healthcare initiative. DearDr. An ANS Healthcare initiative will not be liable for any damages or losses that may arise upon termination.

You may terminate this User Agreement at any time by deleting your DearDr. account at www.deardr.in and discontinue any further use of the website. You are required to delete all downloaded and obtained contents from the website upon termination.

DearDr. An ANS Healthcare initiative reserves the right to terminate this User Agreement at any time without notice or liability. DearDr. An ANS Healthcare initiative may deny access and services to the website at its discretion.

DearDr. An ANS Healthcare initiative reserves the right to moderate, delete, and retain any comment or content posted by a user before, during, or after this User Agreement.

Termination of the User Agreement does not cancel the obligation to pay for services ordered from the website and does not affect any liabilities arising under this User Agreement.
Certainly! Here’s the rephrased version with the correct numbering:

9.  TERMINATION OF USER AGREEMENT
1. You may terminate this user agreement at any time by deleting your DearDr. account and ceasing further use of the website. You are required to delete all downloaded and obtained content from the website.

2. DearDr. reserves the right to terminate this user agreement at any time without prior notice or liability. DearDr. may deny access to its services and website as deemed necessary.

3. DearDr. also reserves the right to moderate, delete, or retain any user comments or content posted before, during, or after this user agreement. Termination of the user agreement does not cancel any obligations to pay for services ordered from DearDr. and does not affect any liabilities incurred under this user agreement.

10. OWNERSHIP AND APPLICABILITY OF TERMS:
ANS Healthcare owns and operates the internet resources www.deardr.in (the “Website”) and the DearDr. mobile application (“App”).

1. APPLICABILITY OF TERMS:

1. Before using the Website, App, or services provided by DearDr., please read and understand these terms and conditions (“Terms”) and the Privacy Policy. These constitute a legal agreement (“Agreement”) between you (“user”) and ANS Healthcare concerning your use of the DearDr. services.

2. This Agreement applies to:
   – Organizations providing medical diagnostic services or Diagnostic Centers wishing to be listed or already listed on our Website and App.
   – Patients or their representatives using the Website or App to search for Diagnostic Centers.
   – Users of the Website and App.

3. The Agreement covers both free and paid services offered through the Website and App. This includes:
   – Diagnostic Centers listing their profiles and contact information.
   – Users creating and maintaining health accounts.
   – Searching for Diagnostic Centers and healthcare services based on various criteria available on the Website and App.

4. Services may change at the discretion of DearDr. without notice. The Agreement applies to all services offered, visits, and information provided on the Website and App.

5. The purpose of this Agreement is to define the terms and conditions for users, Diagnostic Centers, patients, and visitors accessing the Website or App. For queries about this Agreement, contact us at info@deardr.in.

6. By accessing the Website or downloading the App, you accept the conditions outlined in this Agreement, including the Terms, Privacy Policy, and any other obligations mentioned. This Agreement supersedes all prior oral or written terms regarding the use of our services.

7. DearDr. reserves the right to modify or terminate any part of this Agreement with or without notice. Your continued use of the Website or App after any modifications constitutes acceptance of the updated Agreement.

8. By using the Website or App, you acknowledge and agree to abide by the conditions of this Agreement when using our services. If you do not agree with any part of the Agreement, do not use the Website or App or avail of our services.

9. This Agreement is governed by Indian law, including:
   – The Indian Contract Act, 1872,
   – The Information Technology Act, 2000, and
   – Rules and guidelines framed thereunder, including the SPI Rules (2011) and the IG Rules (2011).

2. CONDITIONS OF USE:

 To visit, use, or avail of services on the Website or App, you must be 18 years or older. By visiting, registering, or using services on the Website or App, you confirm that you are of legal age and have the authority and capacity to agree to and abide by this Agreement. Minors must have a local guardian book tests or consultations on their behalf.

3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN DIAGNOSTIC CENTERS

**3.1. END-USER ACCOUNT AND DATA PRIVACY**

3.1.1. Personal information and handling of sensitive personal data are governed by the Privacy Policy available on the website.

3.1.2. DearDr. may collect device information, usage data, and browsing behavior on the website or app to enhance user experience and service quality.

3.1.3. DearDr. has access to registered users’ details for service fulfillment, promotions, appointment bookings, and feedback collection related to Diagnostic Centers.

3.1.4. The Privacy Policy details the collection, purpose, recipients, and retention policies of collected information.

3.1.6. DearDr. is not liable for the authenticity or accuracy of user-provided information to itself or its representatives.

3.1.7. Users are responsible for maintaining account confidentiality and notifying DearDr. of any unauthorized account use. DearDr. is not liable for losses due to unauthorized account access.

3.1.8. DearDr. reserves the right to suspend services to users providing incomplete, inaccurate, or outdated information, at its discretion and with or without notice.

3.1.9. DearDr. may use user-provided information for customer support purposes at any time.

**3.2. ALGORITHM**

DearDr.’s listing algorithm automatically profiles Diagnostic Centers on the website and app based on various criteria and user inputs. Listings do not imply fixed rankings or endorsements by DearDr. DearDr. is not liable for changes in search results.

**3.3. LISTING CONTENT AND INFORMATION DISSEMINATION**

3.3.1. Information on Diagnostic Centers’ profiles, such as specialization, fees, and operational details, is collected and updated regularly by DearDr. While efforts are made to ensure accuracy, DearDr. cannot be held liable for inaccuracies.

3.3.2. Services provided by DearDr. or its partners are provided “as is” without warranties, including merchantability or fitness for a particular purpose. DearDr. disclaims all liability for user reliance on website or app content.

3.3.3. The website or app may link to third-party sites. DearDr. does not endorse these sites and is not responsible for their content, accuracy, or reliability.

3.3.4. DearDr. is not liable for any damages or viruses resulting from website or app use. User’s sole recourse if dissatisfied is to discontinue use.

3.3.5. DearDr. reserves the right to suspend user access and publicly disclose fraudulent or incomplete information that adversely affects its business or users.

3.3.6. DearDr. bears no responsibility for consequences arising from user reliance on published information.

**3.4. APPOINTMENT BOOKING AND CALLING FACILITY**

3.4.1. DearDr. facilitates appointment bookings for tests and consultations through its website and app. While DearDr. confirms appointments, it is not liable for cancellations or resultant damages.

3.4.2. User information may be shared with the Diagnostic Centers if an appointment is booked through DearDr.

3.4.3. The results of any user searches for Diagnostic Centers on the website should not be construed as an endorsement by DearDr. Users engage with Diagnostic Centers at their own risk.

3.4.4. DearDr. is not involved in providing diagnoses and is not responsible for interactions between users and Diagnostic Centers, including medical negligence or misconduct.

3.4.5. Users may provide feedback on Diagnostic Centers, but DearDr. reserves the right to edit or delete comments without notice. DearDr. is not liable for damages resulting from such actions.

3.4.6. In the event of ‘Patient No-Show (PNS)’, DearDr. may block a user account from further appointments based on its discretion and policies.

4  DearDr. reserves the right to make the final decision in case of a conflict.

**3.4.7. Cancellation and Refund Policy**

**Cancellation Policy:**

DearDr. aims to provide a clear policy regarding appointment cancellations and refunds:

a) Users must inform DearDr. through customer support or email at info@deardr.in within 5 days if a Diagnostic Center fails to meet or cancels the scheduled appointment. In such cases, a full refund will be issued via the original payment method.

b) If a user fails to show up for a scheduled appointment without canceling or rescheduling:

– No refund will be provided, as per clause 3.4.6.

**Refund Conditions:**

a) Cancellations made up to 2 hours before the scheduled sample collection slot will receive a 100% refund.

b) Cancellations made less than 2 hours before the scheduled sample collection will incur charges for the phlebotomist’s fee shown during booking, with the rest refunded. If payment was to be made during sample collection and wasn’t prepaid, the phlebotomy charge will be imposed as a penalty and will be deducted from the next booking.

c) No refund will be provided for cancellations made after sample collection.

d) Refunds may take up to 7 working days to process.

Users are not entitled to refunds if a Diagnostic Center is unable to meet the user at the scheduled appointment time, regardless of whether the user chooses to wait or declines the services.

4. TERMS OF USE DIAGNOSTIC CENTERS

The terms in clause 4 apply only to Diagnostic Centers.

**4.1. LISTING POLICY**

**4.1.1. Profile Information:**
DearDr. collects information regarding Diagnostic Centers’ profiles, contact details, and practices. DearDr. reserves the right to take down or display Diagnostic Centers’ profiles on the website, with or without notice, to facilitate interaction with End-Users and other Users. If any displayed information is found incorrect, Diagnostic Centers must inform DearDr. promptly for necessary amendments.

**4.1.2. External Rankings:**
DearDr. is not liable for the ranking of Diagnostic Centers on external websites and search engines.

**4.1.3. Disclosures and Liability:**
DearDr. shall not be liable for any losses, damages, injuries, or expenses incurred by Users due to disclosures made with their consent. If consent is revoked as per the Privacy Policy, DearDr. is not responsible for disclosures made prior to receiving the revocation.

**4.1.4. Moderation and Content Removal:**
DearDr. reserves the right to moderate Diagnostic Centers’ suggestions and remove abusive, inappropriate, or promotional content. DearDr. is not liable for inactive, inaccurate, fraudulent, or non-existent profiles added to the website.

**4.1.5. Content Publishing:**
Diagnostic Centers explicitly agree that DearDr. can publish their provided content to third parties, including content platforms.

**4.1.6. Compliance with Laws:**
Diagnostic Centers warrant using the Services in accordance with applicable laws. DearDr. bears no liability for any contravention of laws resulting from Diagnostic Centers’ use of the Services.

**4.2. PROFILE OWNERSHIP AND EDITING RIGHTS**

DearDr. provides Diagnostic Centers easy access to update profile information but retains ownership rights over Diagnostic Centers’ profiles. DearDr. may moderate changes or updates at its discretion. Diagnostic Centers represent that uploaded content complies with all laws and third-party rights. DearDr. may modify or delete profile information found in breach without notice upon becoming aware of such breaches.

**4.3. REVIEWS AND FEEDBACK DISPLAY RIGHTS OF DEARDR.**

**4.3.1. Critical Content Responsibility:**
All Critical Content, generated by users and Diagnostic Centers, is the responsibility of the creators. DearDr. acts as an ‘intermediary’ under the Information Technology Act, 2000, and disclaims responsibility for Critical Content. DearDr.’s Feedback Collection and Fraud Detection Policy, attached as Schedule hereto, apply to Critical Content.

**4.3.2. Feedback Collection:**
DearDr. reserves the right to collect feedback and Critical Content for all listed Diagnostic Centers, clinics, and healthcare centers.

**4.3.3. Content Moderation:**
DearDr. is not obliged to pre-screen, review, flag, filter, modify, refuse, or remove any Critical Content, except as required by law.

**4.3.4. User Exposure to Content:**
By using the Services, users may encounter offensive or objectionable content. DearDr. is not liable for any business effects on Diagnostic Centers due to negative Critical Content. Users use the Service at their own risk.

**4.3.5. Compliance with Law:**
DearDr. will take down information consistent with applicable law and bears no responsibility for User-created Critical Content.

**4.3.6. Misinformation Handling:**
DearDr. reserves the right to suspend accounts and publicly disclose inaccuracies or fraudulent feedback to protect its business and User interests.

**4.4. RELEVANCE ALGORITHM**

DearDr. designed the relevance algorithm to benefit End-Users and may adjust it periodically to improve results’ quality. DearDr. is not liable for any business effects on Diagnostic Centers due to changes in the Relevance Algorithm.

**4.5. INDEPENDENT SERVICES**

Use of each Service confers rights and obligations solely related to that Service, not to any other Diagnoeasy service.

**4.6. DEARDR. ADVERTISEMENT RIGHTS**

DearDr. reserves rights to display sponsored ads marked as “Sponsored ads” on the Website. DearDr. disclaims accuracy of information or claims made in Sponsored ads and does not endorse visiting or using services from providers of Sponsored ads. Users must use Services in accordance with applicable law, and DearDr. bears no liability for law contraventions.

**4.7. BOOK APPOINTMENT AND CALL FACILITY**

**4.7.1. Diagnostic Center Experience:**
DearDr. aims to provide a beneficial booking platform experience for Diagnostic Centers and Users.

**4.7.2. User Feedback:**
DearDr. is not liable for comments or feedback from Users regarding Diagnostic Centers’ services. DearDr. has sole discretion over publishing, modifying, moderating, or masking feedback as required.

**4.8. USAGE IN PROMOTIONAL MARKETING MATERIALS**

Diagnostic Centers must be duly registered and qualified to practice medical diagnosis under applicable laws/regulations/guidelines. DearDr. disclaims involvement in arrangements hindering Diagnostic Centers from practicing within India. Diagnostic Centers must comply with applicable laws and provide care in consultations/services.

**4.9. MARKETING USAGE RIGHTS**

Subject to review and approval, Diagnostic Centers allow DearDr. to include service descriptions in marketing, promotional, and advertising materials. DearDr. can reference Diagnostic Centers in case studies, marketing materials, and press releases, using names, logos, and brand elements.

5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

**5.1. Prohibited Content:**
As mandated by Regulation 3(2) of the IG Rules, DearDr. informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update, or share any information that:
– Belongs to another person and to which the User does not have any right;
– Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, or encourages money laundering or gambling, or is otherwise unlawful;
– Harms minors in any way;
– Infringes any patent, trademark, copyright, or other proprietary rights;
– Violates any law in force;
– Deceives or misleads the recipient about the origin of such messages or communicates any information which is grossly offensive or menacing;
– Impersonates another person;
– Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
– Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, public order, or causes incitement to the commission of any offense or prevents investigation of any offense or insults any other nation.

**5.2. Additional Prohibitions:**
Users are prohibited from:
– Violating or attempting to violate the integrity or security of the Website or any DearDr. Content;
– Transmitting disruptive information or competitive content through the Website;
– Intentionally submitting incomplete, false, or inaccurate information;
– Making unsolicited communications to other Users;
– Using automated tools to navigate or search the Website;
– Attempting to decipher, decompile, disassemble, or reverse-engineer any part of the Website;
– Copying or duplicating DearDr. Content or other available information from the Website;
– Framing, hotlinking, or deep linking any DearDr. Content;
– Circumventing or disabling digital rights management, usage rules, or other security features of the Software.

**5.3. Enforcement:**
Upon becoming aware of any information contravening Clauses 5.1 and 5.2, DearDr. may disable such information and preserve associated records for at least 90 days for governmental investigations.

**5.4. Non-Compliance:**
In case of non-compliance with applicable laws, rules, regulations, or the Agreement (including the Privacy Policy), DearDr. may terminate access or usage rights and remove non-compliant information from the Website.

**5.5. Data Transfer:**
DearDr. may disclose or transfer User-generated information to affiliates or governmental authorities as permitted by applicable law, with User consent where required by law.

6. TERMINATION

**6.1. Suspension and Termination:**
DearDr. reserves the right to suspend or terminate a User’s access to the Website and Services with or without notice in cases where:
– The User breaches any terms and conditions of the Agreement;
– A third party reports a violation of its rights due to User’s actions;
– DearDr. cannot verify or authenticate User-provided information;
– There are reasonable grounds to suspect illegal, fraudulent, or abusive activity by the User;
– User actions may cause legal liability for themselves, other Users, or DearDr., or are contrary to the Website’s interests.

**6.2. Consequences of Termination:**
Upon termination, the User may not continue to use the Website under the same or different account. Access to data, messages, files, and other materials on the Website will cease. Users are responsible for maintaining backup copies of any medical services records.
Here are sections 7, 8, 9, 10, 11, and 12 revised as per your instructions:

7. LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall DearDr. or any of its directors, officers, employees, agents, or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the website or the content, materials, and functions related thereto, the services, User’s provision of information via the website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
– Provision of or failure to provide all or any service by Diagnostic Centers to End-Users contacted or managed through the Website;
– Any content posted, transmitted, exchanged, or received by or on behalf of any User or other person on or through the Website;
– Any unauthorized access to or alteration of your transmissions or data; or
– Any other matter relating to the Website or the Service.

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 this Agreement or a User’s use of the Website or the Services exceed, in the aggregate, Rs. 1000/- (Rupees One Thousand Only).

8. RETENTION AND REMOVAL

DearDr. may retain any information collected from users on its website or services for as long as necessary, depending on the type of information, purpose, means, and modes of usage of such information, and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

9. APPLICABLE LAW AND DISPUTE RESOLUTION

**9.1. Governing Law:**
You agree that this Agreement and any contractual obligation between DearDr. and User will be governed by the laws of India.

**9.2. Arbitration:**
Any dispute, claim, or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by DearDr. The arbitration shall be conducted by the Arbitration and Conciliation Act, of 1996. The seat of such arbitration shall be Kolkata. All proceedings of such arbitration, including any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

**9.3. Jurisdiction:**
Subject to Section 9.2 above, the courts at Kolkata shall have exclusive jurisdiction over any disputes arising out of or about this Agreement, your use of the Website or the Services, or the information to which it gives access.

10. CONTACT INFORMATION AND GRIEVANCE OFFICER

**10.1. General Contact:**
If a user has any questions concerning DearDr., the website, this Agreement, the services, or anything related to any of the foregoing, DearDr. customer support can be reached at the following email address: support@deardr.in or via the contact information available at www.deardr.in.

**10.2. Grievance Officer:**
By the Information Technology Act, 2000, and the rules made thereunder, if you have any grievance concerning the website or the service, including any discrepancies and grievances concerning the processing of information, you can contact our grievance officer at: support@deardr.in. In the event you suffer as a result of access or usage of our website by any person in violation of the rules of the IG Rules, please address your grievance to the above person.

11. SEVERABILITY

If any provision of the agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this agreement and the remainder of the agreement shall be interpreted as if such provision were so excluded and shall be enforceable under its terms; provided however that, in such event, the agreement shall be interpreted 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.

12. WAIVER

No provision of this Agreement shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by DearDr. Any consent by DearDr. to, or a waiver by DearDr. of, any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.