G Digital Technologies Private Limited (“G Digital”) is the author and publisher of the internet resource www.gdigitalindia.com and the mobile application ‘G Digital’ (together, “Website”). G Digital owns and operates the services provided through the Website.
Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.gdigitalindia.com/privacy-policy.html (“Privacy Policy”)before you decide to access the Website or avail the services made available on the Website by G Digital. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and G Digital in connection with your visit to the Website and your use of the Services (as defined below). The Agreement applies to you whether you are
A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
A patient, his/her representatives or affiliates, accessing prescriptions or booking appointments through the Website (“End-User”, “you” or “User”); or
Otherwise a user of the Website (“you” or “User”).
This Agreement applies to those services made available by G Digital on the Website, which are offered free of charge to the Users (“Services”), including the following:
1.1APPLICABILITY TO USERS
For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website; For other Users: Facility to (i) Access Prescriptions, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by G Digital, and (iii) to make appointments with Practitioners. The Services may change from time to time, at the sole discretion of G Digital, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time. This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at info@gdigitalindia.com. By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services. Your access to use of the Website and the Services will be solely at the discretion of G Digital.
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to G Digital that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
3.1END-USER ACCOUNT AND DATA PRIVACY
3.2LISTING CONTENT AND DISSEMINATING INFORMATION
3.3BOOK APPOINTMENT
G Digital enables Users to connect with Practitioners through one method: a) Book facility that allows Users book an appointment through the Website;
G Digital may provide End-Users with a free facility known as ‘Records’ or ‘Prescription’ on its website and mobile application ‘G Digital’. Information available in your Records is of two types: i. User-created: Information uploaded by you or information generated during your interaction with G Digital ecosystem, eg: appointment. ii. Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘G Digital’ or other Services of G Digital software.
All Health records created either on the website or on the in clinic application are based upon your consent. Such consent is deemed to be given when you visit the website or the clinic. It is the sole responsibility of the clinic to make patients aware that the said establishment uses G Digital software and services. G Digital will not be held liable for the failure of such communication from clinic/practitioner. If you want to create your record please inform the clinic or doctor expressly. In the case that you may wish to remove such a record you may contact us on info@gdigitalindia.com. Do not your data may still be held after removing personal identifiers mentioned above to facilitate continued services or analysis.
The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:
The terms in this Clause 4 are applicable only to Practitioners.
4.1LISTING POLICY
4.2PROFILE OWNERSHIP AND EDITING RIGHTS
G Digital ensures easy access to the Practitioners by providing a tool to update your profile information. G Digital reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, G Digital takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using G Digital’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, G Digital may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.3BOOK APPOINTMENT AND CALL FACILITY
4.3.1As a valuable partner on our platform we want to ensure that the Practitioners experience on the G Digital booking platform is beneficial to both, Practitioners and their Users. The service is extended purely at G Digital’s discretion and may be modified or withdrawn without prior Intimation
5.1As mandated by Regulation 3(2) of the IG Rules, G Digital hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
5.2Users are also prohibited from: Violating or attempting to violate the integrity or security of the Website or any G Digital Content; transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by G Digital; intentionally submitting on the Website any incomplete, false or inaccurate information; making any unsolicited communications to other Users; using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website; attempting to decipher, decompile, disassemble or reverse engineer any part of the Website; copying or duplicating in any manner any of the G Digital Content or other information available from the Website; framing or hot linking or deep linking any G Digital Content. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
5.3G Digital, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. G Digital shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
5.4In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, G Digital has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
5.5G Digital may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit G Digital to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by G Digital as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between G Digital or any person on its behalf and the User or where the User has consented to data transfer.G Digital respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
6.1G Digital reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
6.2Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
In no event, including but not limited to negligence, shall G Digital, 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:
G Digital may retain such information collected from Users from 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.
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 in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by G Digital. Any consent by G Digital to, or a waiver by G Digital 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.
YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE