Effective on Dec 14, 2018
Thank you for being a member of the WhiteCoats, a digital collaboration and networking platform for doctors and healthcare organizations. With WhiteCoats, our mission is to help practitioners be more effective and successful.
We’ve updated our Terms of Use to make it easier to understand and to keep up with the emerging data privacy standards and guidelines.
Your information is safe with us, and we are committed to protecting it.
There is no further action required from your side.
1. Introduction
This agreement (“Terms of Service”) is drafted in terms of the Information Technology (Intermediaries Guidelines) Rules, 2011 prescribed under the Information Technology Act, 2000 to govern the terms and conditions of use and access to the WhiteCoats application (“WhiteCoats App / App”). This agreement does not require any physical or digital signature, and the same shall be binding on you upon Your (as defined hereinafter) clicking on the “I Agree” button as requested on the registration page.
Our App is a digital platform helping various medical professionals such as doctors registered with Medical Council of India, dentists, physiotherapists etc. (“Medical Practitioners”) to effectively communicate, collaborate and network using applications provided in various mobile and web platforms.
1.1. Objective
Our objective is to create a platform of choice for collaboration amongst the Medical Practitioners that enables them to be more effective and successful. Our Services (as defined hereinafter) are designed to improve the effectiveness for our members by enabling Medical Practitioners to connect, exchange ideas, learn, and find opportunities using a highly safe and secure network (“Service / Services”).
1.2. Agreement
This is an agreement between ValueMomentum Software Services Private Limited, a company incorporated under the laws of India and the owner and operator of App (“Company” or “we”) and you, any natural or legal person (“you” or “You” or “Your”), who has agreed to be a user of the Service. BY CLICKING “I AGREE”, ON THE APP AT THE TIME OF REGISTRATION YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE AND PRIVACY POLICY WHICH CAN BE FOUND AT https://www.whitecoats.com/privacy-policy AND WHICH ARE INCORPORATED HEREIN BY REFERENCE AND/OR ON ENTERING INFORMATION AS REQUESTED ON THE REGISTRATION PAGE AND/OR CLAIMING AND/OR VERIFYING A PRE-EXISITING USER PROFILE OR SUCH OTHER ACTIONS THAT IMPLIES YOUR ACCEPTANCE TO THIS TERMS OF SERVICE .
You always have the right to withdraw the consent provided by you by writing to us at support@whitecoats.com.
The Services may change from time to time, at the sole discretion of the company and it is your duty to periodically review this Terms of Service for applicable changes. Your use of this App even after posting changes to this Terms of Service by us constitutes your acceptance to those changes.
1.3. Services
This Terms of Service apply to all users of the App. The Service may contain links to third party websites/app that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view upon, access through, or contribute to the service, privacy policies, or practices of any third party websites/app and are not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Moreover, the Company does not have any authority to edit content which 2 belongs to any third party website/app. By using the Service, you expressly relieve the Company from any and all liability arising from your use of any third-party website/app.
1.4. WhiteCoats Accounts
In order to access the features of the App, you will have to create an account in the App (“Account”). You may never use someone else’s Account without permission. When creating your Account, you must provide accurate and complete information. Since you know that the App has been designed for the sole purpose of use by Medical Practitioners, it is important that you submit genuine documents regarding your qualifications as a Medical Practitioner. If You provide any information that is untrue, inaccurate, not current or incomplete or the Company has the reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete or not in accordance with these Terms of Service, the Company reserves the right to indefinitely suspend or terminate or block your use or access to the App in any manner whatsoever. Should any other user or person act upon such untrue, inaccurate, not current or incomplete information provided or verified by You, the Company shall not be liable for any damages, losses, direct, indirect, immediate or remote, interests or claims etc., resulting from such information to You or to any third party. You shall be liable to indemnify the Company and related parties in accordance with the Indemnity clause contained in this Terms of Service.
2. General Use of the Service- Obligations
You agree to the following by virtue of this Terms of Service:
2.1. Service Eligibility
To use the Services, you agree that: (1) you must be of “Minimum Age” (18 years or older); and (2) if you are a natural person, you must also be holding a medical degree which is recognized under Indian Laws or a corresponding degree under the applicable laws of the relevant jurisdiction or if you are a legal person, you must be registered with MCI or DCI or must have such certification as required under Indian Laws or relevant jurisdiction.
2.2. Your Registration
You are responsible for maintaining the confidentiality of your Account and password and for restricting others access to your mobile/tab/or any other device through which the App can be used and you agree to accept responsibility for all activities that occur under your Account or password, whether or not authorized by you. You shall immediately notify the Company of any actual or suspected unauthorized use of your Account or password.
2.3. Notices and Service Message
You agree that we may communicate with you in the following ways: (1) a banner notice or a pop-up message on the Service, or (2) an email sent to the e-mail id provided by you, or (3) through other means of communication including texts and calls on your mobile number etc. You agree to keep your contact information up to date. In the event, you do not wish to be contacted by us or you want to control and limit the nature of messages you receive from us, please write an email to us at support@whitecoats.com and we shall act accordingly.
2.4. Sharing of Information
Our App allows chatting and sharing of information in many ways, such as your profile, links to other content/article, case discussions, blogs etc. The content that you post or share is visible 3 to the other users of the App. However, you have the option to choose if certain information should be made visible to other users or not.
We are not obligated to publish any information or content on our App and can remove it at our sole discretion with or without notice.
3. General Use of the Service – Rights and Limits
You agree to the following by virtue of this Terms of Service:
3.1. Manner of Use
Subject to your compliance with this Terms of Service, the Company hereby grants you permission to use the App, provided that:
- You will use the App for your personal purpose only. You are not permitted to use or access the App in any manner which is inconsistent with this Terms of Service
- You will not duplicate, transfer, give access to, copy or distribute any part of the App in any medium without the Company’s prior written authorization
- You will not attempt to reverse-engineer, alter or modify any part of the App, and
- You will adhere to the terms & conditions of this Terms of Service, Privacy Policy and the Community Guidelines.
3.1.1. You agree not to upload any bug or any software into the App that might cause any feature or any Service of the App to misbehave. You agree not to reverse engineer our system or commit any such act that might be inconsistent with the nature of the business of the Company. You agree not to spam, or solicit for commercial purposes, any users of the App. Solicitation of patients by Medical Practitioners through the App is also not allowed and by using the Services of the App you agree not to advertise until and unless it is allowed by the respective code of ethics applicable to you. You also agree to maintain the secrecy of information pertaining to your patients as per as the guidelines of Medical Council of India (“MCI”), Dental Council of India (“DCI”), as applicable, and in terms of all other laws / codes which is applicable to you directly or indirectly, now or hereafter. You shall also be solely responsible for procuring all necessary consents or permissions required from your patients, under applicable laws, to disclose any information pertaining to your patient. An image masking tool is provided to you as a feature of the App that you can use before sharing any identifiable image or any other document related to the patient.
3.2. Service availability
Subject to applicable laws, we may modify, defer or stop any existing Services provided on the App, or may introduce fees for the new services including for any premium services provided or amend/introduces fee for the existing services prospectively, at our discretion, after giving a prior notice to you in this regard.
WhiteCoats is not a storage service. You understand that we are not responsible for storing or maintaining any content or information provided by you or other users of the Service, except to comply with the applicable laws and as set out in our Privacy Policy
3.3. Limits
The extent of use of the Services of the App, including your ability to connect with other Members, can be restricted by the Company.
4. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of any content:
- All the intellectual property, inter alia, the trademark, copyright, logo of the App or its content are owned by or licensed to the Comp
- You may access the content of the App for your information and personal use according to the terms & conditions enumerated in this Terms of Service. The content of other users is provided to you AS IS.
- You agree and acknowledge that you are not supposed to interfere with any of the features of the Service of the App or any settings available which might hinder or obstruct the enjoyment of the features of the App by other users.
- You understand that every user of the App is free to post content on the App. Hence the Company is not responsible for the accuracy, usefulness, safety of or relating to such content or for any loss suffered by you as a consequence of any of the action you take or omit to take on the basis of such content posted on the App. You also agree that while discussing cases you might get suggestions from other Medical Practitioners, which you might implement and that the Company takes no responsibility of the accuracy of such information. While implementing any such information, the Medical Practitioner should also use his own intellect and should act as a reasonable and a prudent person would.
- You agree that while accessing the App you might come across some content which will be inaccurate, offensive, indecent, or defamatory and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto and also agree to indemnify the Company its operators, licensors and the licensees to the full extent subject to the applicable laws.
- Any information provided by You to the company, either electronically or physically or submitted on the App or provided or displayed to other users of the App in the form of case discussions, news and events, reviews, comments in feedback are or in discussion groups or through any private message or e-mail communication is solely Your responsibility. The Company or the App is not liable for accuracy, appropriateness or legality of such information.
5. Your Content and Conduct
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of any content:
5.1. The content that you post and the way you use them is your responsibility with following specific responsibilities:
- 5.1.1. Being the user of the App, you get the right to post content on the App. Once you have posted any content, you understand that it becomes public and is visible to all other users having access to the App and the Company is not responsible for maintaining confidentiality of the same.
- You own the responsibility of your content, hence you agree that any consequences of posting such content on the App makes you liable and you affirm, represent, and warrant that you own or you have the necessary licenses, rights, consents, and permissions to publish such content.
- 5.1.2. By submitting your content on the App, you grant the Company and the other users of the App a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of display, publish, adapt, make available online or electronically transmit your content in any medium, as permitted under this Terms of Service. The license granted by you is perpetual and irrevocable.
- You further understand that you are not allowed to post content that contain third party copyrighted material, or material that is subject to other third party proprietary rights. However, you can post content when you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material.
- 5.1.3. You further agree that you are not allowed to submit any content which is inconsistent with the essence of the principles as enumerated in the Community Guidelines, found at https://www.whitecoats.com/community-guidelines/, which may be updated from time to time, or contrary to applicable local and national laws and regulations. The Company does not encourage any copyright violations on the App and that the Company has the right to remove all content if properly notified according to the provisions of Copyright Act, 1957 and Copyright Rules, 2013. The Company reserves the right to remove content without prior notice.
5.2. Content not to be posted
- 5.2.1. According to the provisions of Indian Penal Code, Indecent Representation of Women (Prohibition) Act, 1986 (“IRWPA”) and Information Technology Act, 2000 posting content which is either obscene or which portrays women’s figure or form of any women’s body in an indecent way or which is defamatory in nature is illegal and is liable for punishment. You confirm that you understand the above stated rule and you will not post any such content. Further you also understand that if in case you post any such content then in no way the Company can be held responsible as it comes under the definition of “intermediary” according to the provisions of Information Technology Act, 2000. You understand that the Company won’t be responsible for such activity by you and you can be punished by the competent authority under the penal provisions of the above mentioned Acts.
- 5.2.2. You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item or services or choose a user name that belongs to another person and to which You do not have any right to is grossly harmful, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive or another’s privacy, hateful, insulting, hurting religious or other sentiments, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever.
- 5.2.3. You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item or services or choose a user name that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit software viruses or any other computer resource, or contains any software that may damage, detrimentally interfere with, diminish value of, threatens the unity, integrity, security or sovereignty of India, friendly relations with foreign states, or public order or causes abetment to the commission of any offence or prevents investigation of any offence or is insulting any other nation or that is false, inaccurate or misleading, directly or indirectly, offers, attempts to offer, trade or attempt to trade in any item or service, the dealing of which is prohibited or restricted in any manner under the Indian laws.
6. Third-Party Software
In order to provide Services to you, the Company may use third-party software. If you try to separate the third party software from the App and then further use it any manner which is inconsistent with the manner as enumerated in the third party software’s terms of use, is illegal or against public policy then you will be liable for the same according to the governing law and jurisdiction as mentioned in their respective terms of use. You also agree to indemnify the Company to full extent for the said acts subject to the applicable laws
7. Privacy
For us your privacy is a very important principle. We understand clearly that you and your personal information is one of our most important assets. We collect, use and store your personal information or any sensitive personal data or information (as defined under the Information Technology Act, 2000), on networks/database that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules thereunder. Our current Privacy Policy is available on https://www.whitecoats.com/privacy-policy/. If you object to your Information being transferred or used in this way please do not use the App.
8. Termination Policy
You have the right to delete Your Account and de-register yourself from the App. Further, if You are in violation with the terms & conditions of this Terms of Service, Privacy Policy or is found to be misusing the Services of the App, then the Company, may at any time, without any prior notice terminate Your access to the App. The Company also reserves the right to terminate Your Account at any time at its sole discretion.
9. Copyright Policy
The Company operates a clear copyright policy in relation to any content alleged to infringe the copyright of a third party. The Company shall remove the infringed content, upon receipt of written complaint from the owner of the copyright whose rights have been infringed, after following the procedure laid down in Rule 75 of the Copyright Rules, 2013.
10. Trade Marks
WhiteCoats is a trademark of the WhiteCoats App. Most of the Services referenced on this App are trademarks of WhiteCoats App/ its parent / associate / affiliate / group companies. Other products/services and company names referred on the App are trademarks of their respective proprietors.
11. Disclaimers
ALL THE CONTENTS OF THIS APP ARE ONLY FOR GENERAL INFORMATION OR USE. THEY DO NOT CONSTITUTE ADVICE AND SHOULD NOT BE RELIED UPON IN MAKING (OR REFRAINING FROM MAKING) ANY DECISION. ANY SPECIFIC ADVICE OR REPLIES TO QUERIES IN ANY PART OF THE APP IS/ARE THE PERSONAL OPINION OF SUCH MEDICAL PRACTITIONER. THE INFORMATION FROM OR THROUGH THIS APP IS PROVIDED ON “AS IS” BASIS, AND ALL WARRANTIES, EXPRESSED OR IMPLIED OF ANY KIND INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED AND EXCLUDED. CERTAIN LINKS ON THE APP MAY LEAD TO RESOURCES LOCATED ON SERVERS MAINTAINED BY THIRD PARTIES OVER WHOM THE APP HAS NO CONTROL OR CONNECTION, BUSINESS OR OTHERWISE AS THESE SITES ARE EXTERNAL. YOU AGREE AND UNDERSTAND THAT BY VISITING SUCH SITES YOU ARE BEYOND THE APP. THE APP THEREFORE NEITHER ENDORSES NOR OFFERS ANY JUDGMENT OR WARRANTY AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THE AUTHENTICITY/AVAILABILITY OF ANY OF THE GOODS/SERVICES/OR FOR ANY DAMAGE, LOSS OR HARM, DIRECT OR CONSEQUENTIAL OR ANY VIOLATION OF LOCAL OR INTERNATIONAL LAWS THAT MAY BE INCURRED BY YOUR VISIT AND/OR TRANSACTION/S ON THESE SITES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.THE COMPANY MAY NEED TO DISCLOSE YOUR PERSONAL AND OTHER INFORMATION PROVIDE BY YOU WHEN REQUIRED BY LAW, IN RELATION TO COMPLIANCE WITH A COURT ORDER, ONGOING JUDICIAL PROCEEDING, OR ANY OTHER LEGAL PROCESS OR TO EXERCISE LEGAL RIGHTS OF THE COMPANY OR DEFEND AGAINST LEGAL CLAIMS. THE COMPANY MAY ALSO DISCLOSE YOUR PERSONAL AND OTHER INFORMATION YOU PROVIDE TO A THIRD PARTY AS PART OF RE-ORGANIZATION OR A SALE OF ANY OR SUBSTANTIALLY ALL OF THE BUSINESS OF THE COMPANY. ANY THIRD PARTY TO WHICH THE COMPANY OR ITS SHAREHOLDERS TRANSFER OR SELL THE COMPANY’S SHARES OR ASSETS WILL HACVE RIGHT TO CONTINUE TO USE THE PERSONAL AND OTHER INFORMATION THAT YOU PROVIDE.
The WhiteCoats App is controlled and offered by the Company from its facilities in Hyderabad, India. Those who access or use the Services of the App from other jurisdictions do so at their own volition and are responsible for compliance with local law and also with these Terms of Service, Privacy Policy and Community Guidelines of the Company which are governed by Indian laws.
12. Limited Liability of the Company
In no event shall the Company or its affiliates, service providers and internal service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited, to damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever) out of or in connection with the App, the pay facility, services provided by internal service providers on behalf of the App or the Company or any other services. The Company’s liability under all circumstances is limited to the amount of charges/fees, if any, paid by You to the Company. The Company, it associates, affiliates and internal service providers make no representations or warranties about the accuracy, reliability, completeness, and/or time-lines of any content, information, software, text, graphics, links or comunications provided on or through the use of the App or that of the operation of the App or pay facility or that of any internal service provider will be error free or uninterrupted. The Company assumes no liability whatsoever for any monetary or other damage suffered by You on account of:
- Delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the App or pay facility, or
- Any delay, failure, interruption or errors in the operation of the App or pay facility of the internal service provider.
The App may provide, or third parties may provide, links to other worldwide sites or resources because the Company has no control over such sites and resources, You acknowledge and agree that the Company is not responsible or liable for any content, advertisements, products or other materials on or available from such sites or resources. You further acknowledge and agree that the App shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of reliance on any such content, goods or services available on or through such site or resource.
13. Indemnity
You agree to indemnify, defend and hold harmless the Company, its parent, subsidiaries, affiliates, internal service provider and their respective officers, directors, agents and employees from and against any and all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the App, the service, or any violation by you of this Terms of Service or Your violation of any applicable law, rules of regulations or the rights of a third party or resulting from untrue, inaccurate or incomplete information provided or verified by You.
14. Assignment
This Terms of Service and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction
15. General
This Terms of Service and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction
- Entire Agreement/No Waiver/Remedy: This Terms of Service constitute the entire agreement with respect to the subject matter hereof. No waiver by the Company of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The rights, remedies and powers of the Company contained in this agreement are cumulative and not exclusive of any rights, remedies or powers provided to the Company by law. No single or partial exercise by the Company of any right, remedy or power under this agreement shall preclude any other or further exercise thereof or the exercise of any other right, remedy or power.
- Correction of Errors and Inaccuracies: The content may contain typographical errors or other errors or inaccuracies and may not be complete or current. The Company therefore 9 reserves the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice. The Company does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
16. Settlement by Arbitration
Any claim or dispute that arises out of or relates to this agreement, or the breach of it, the same shall be referred to a sole arbitrator nominated by the Company whose decision shall be final and binding upon the parties hereto. The place of arbitration shall be Hyderabad, Telangana, India. The Arbitration and Conciliation Act, 1996 shall govern the arbitration proceedings. The arbitration proceedings shall be in English language.
17. Applicable Law
This Terms of Service shall be governed by and interpreted and construed in accordance with the laws of India. Any conflict between this Terms of Service and the applicable laws, the applicable laws will always prevail.
18. Jurisdiction
By accessing this App, you agree that all matters relating to your access to, or use of, this App shall be governed by laws applicable to jurisdiction applicable in Hyderabad. In case of any litigation, it is agreed by both the parties that only Courts in Hyderabad, Telangana, India will have exclusive jurisdiction to try any matter to the exclusion of all other Courts.
19. Additional Terms
Along with the above mentioned terms and conditions of this Terms of Service, you also agree to the following terms:
- You should be registered under MCI or DCI, as may be applicable and in case if you are a physiotherapist, then you should have a said degree from a recognized university.
- You should be familiar with Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002, Revised Dentists (Code of Ethics) Regulations, 2014 and Law of Torts and Consumer Protection Act, 1986, as may be applicable to you and follow the same
- You should in no way break the secrecy of your patients and not even encourage the same by other Medical Practitioner.
- You should neither participate in the solicitation of patients nor encourage the same.
- You are not allowed to advertise.
- You should abide by all other applicable laws of the land.
- In case of breach of the said terms, the Company will have the discretion to terminate Your account and de-register You as provided under clause 8 of this Terms of Service.
20. Grievance Redressal Mechanism
In accordance with Information Technology Act 2000 and Information Technology (Intermediaries Guidelines) Rules, 2011, in case of any grievance, objection or complaint on Your part with respect to the app, other users or the Company, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use the app, You should promptly raise such grievance or complaint with the below designated Grievance Officer to enable him to resolve the
Complaint:
Attn: Mr. Varun Prasad Vuyyuru
support@whitecoats.com
THIS DOCUMENT IS AN ELECTORNIC RECORD AS PER THE PROVISIONS OF THE IT ACT, 2000 AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
