TERMS AND CONDITIONS
This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”), the rules thereunder as applicable, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. Acceptance of Terms
1.2. In consideration of Your use of the Platform and the functionalities available on the Platform, You agree:
(a) To provide true, accurate, current and complete information about Yourself in compliance with Section 2 of these Terms and Conditions;
(b) to provide correct, authentic, updated and legally authorized Content in the event You choose to publish Content on the Platform;
(c) that Dailyrounds is not responsible to ensure that You conform to the eligibility criteria and have the legal rights to use all the features and functionalities on the Platform; and
(d) that We are not responsible for any consequence that arise as a result of Your misuse of the Platform or any of Our Services.
1.3. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate Your Account (defined below) and refuse to grant You any further permission to access any and all further use of the Platform.
1.4. You may access the Services (defined hereinafter) on the Platform only for Your personal use or for posting Content on the Platform for which You may/may not be entitled to any consideration for the Content that You post. The Platform as a whole including Dailyrounds logos, trademarks, website designs, features, functionalities and algorithms are owned exclusively by Dailyrounds but excludes Content published by a User. You will upon logging into the Platform as a User, be entitled to either view Our Platform and the hosted Content or post as well as view Content. When you post Content, you agree to be bound by the applicable terms, conditions and restrictions as set out below including without limitation the warranties in Section 6 and the Content related terms in Section 7.
1.5. As a User, You may publish relevant information relating to trends in medicine, treatments, anonymized case studies, treatments for ailments etc (“Content”). All Content uploaded by you shall be owned by You and as a User, You grant Dailyrounds an absolute, irrevocable, sublicensable, perpetual, royalty free, worldwide license to view, host, reproduce, publicly communicate, publish on third party websites, translate, print, perform, display, redistribute, adapt, transmit, stream, broadcast or create derivative works of the Content posted by You on the Platform.
1.6. You will get access to the Platform once You have successfully enrolled as a User. You agree and understand that Dailyrounds is only a Platform that allows third parties to post Content and disclaims all liability as regards the legality, authenticity, relevance or correctness of the Content posted by Users. You shall ensure that You do not share any sensitive personal data as per any law applicable to You or us or any such data of a patient on the Platform during the course of the use of the Platform.
1.7. All Users in general are advised to use their judgment with respect to the Content, since Users may be exposed to factually incorrect, outdated, inappropriate or misleading Content that maybe hosted by other Users who publish Content. You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Dailyrounds with respect to any such Content.
1.8. By registering Your e-mail address and/or phone number with Us, You consent to be contacted by Us via phone calls, SMS notifications, and/or e-mails, in case of any User or Service updates.
2.1. Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 and are qualified medical professionals entitled to practice in India (whose qualification can be verified at any stage by Dailyrounds) shall be eligible to register on the Dailyrounds App and be a User.
3. Services of Dailyrounds
3.2. You agree that any Services provided by Dailyrounds may be subject to change at the discretion of Dailyrounds and Dailyrounds may add, remove or modify offerings to its existing scope of Services on terms and conditions as Dailyrounds may deem fit. Dailyrounds also reserves the right to charge fee for the content that is currently free of charge in future.
3.3. You agree that Dailyrounds may at any time and for any reason, terminate Your access to whole or part of the Platform, or restrict or suspend Your access to Your Account, for any or no reason, with or without prior notice, and without any liability to You.
4. Subscriber Account, Password and Security
4.1. If You use the Platform and wish to avail Services by creating an Account (“Account”), You may be required to submit Your phone number and/or email ID and choose a password which will be the only set of credentials basis which You will be granted access to the Platform and its Services. You are responsible for maintaining the confidentiality of Your password and other credentials to access the Services. If You believe there is a compromise to Your Account, You must change Your password using the ‘forgot password’ functionality available on the login page used to access the Platform.
4.2. You are entirely responsible for maintaining the security and confidentiality of Your Account once You become a User. We will not be liable for any loss that You may incur because of someone else using Your Account, either with or without Your knowledge. You may be held liable for any losses incurred by Us or another party due to someone else using Your Account.
4.3. An Account received is personal to You and You shall not transfer or share Your right to access the Services or further sell the Account or allow access to the subscription to any other person for consideration or otherwise.
5. Third Parties:
6. Terms and Covenants relating to Content You post:
6.1. If You post any Content on the Platform, You covenant that You will be solely responsible and liable for the same and acknowledge that Dailyrounds does not check, review or edit any of the Content at the time You post it. Accordingly, You covenant to Dailyrounds that You: (i) have sole and exclusive ownership of all Content that You make available on the Platform; (ii) have all rights, licenses, consents and releases that are necessary to grant to Dailyrounds the licenses to such Content, as contemplated under these Terms; and (iii) neither the Content nor Your posting, uploading, publication, submission, or transmitting of the Content on the Platform or Dailyrounds’ use of the Content (or any portion thereof) will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or requirements under the Code of Medical Ethics as issued by the Medical Council of India from time to time. You acknowledge that You are required to ensure and take responsibility for compliance with the mandates of applicable law in Your jurisdiction for the Content posted by You.
6.2. You also covenant to Dailyrounds that You are aware of and will comply with national and state laws as well as ethics codes which impose obligations with respect to protection of privacy and patient confidentiality that may limit the ability of medical practitioners to disclose patient specific information unless express consent is obtained from the patient. You are, at all times, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the patient information, even if anonymised, that You transmit, store, or receive in connection with the Platform.
6.3. You specifically acknowledge that Dailyrounds shall not be liable for the Content posted by You, including if such Content is defamatory, offensive, or illegal and You agree to be liable and make good the damages or risks that may arise from the Content You post on the Platform.
6.4. You shall ensure that You do not publish any Content that infringes any third-party rights and You understand that if Dailyrounds determines that a User posting Content is a repeat offender as regards posting infringing Content, Dailyrounds reserves the right to terminate access of such User immediately without any notice.
6.5. You shall not publish Content that is confidential and Dailyrounds does not guarantee any confidentiality as regards the Content You post including any patient related information You may post. All Content You understand that post on the Platform will be made available for public access and hence You shall use Your judgement and discretion before publishing any Content. You will have to ensure that you take steps to filter out any personally sensitive information before you post the Content on the Platform.
6.6. You understand that Dailyrounds does not endorse any of your Content and you will take sole responsibility for all the Content that You post on the Platform.
6.7. You undertake that you will not publish any Content that is in your unlawful possession or which would be unlawful to be published on the Platform.
6.8. If Dailyrounds is made aware of any violation or upon its internal scrutiny, suspects that You have violated these Terms and Conditions, Dailyrounds will without any notice terminate your access to the Platform and forfeit all your rights to the Platform access.
The above terms apply to You without prejudice and in addition to all other terms contained in these Terms and Conditions, when You post Content on the Platform.
7. Terms Applicable to all Users generally:
All Users shall also be bound by the following general terms, conditions and restrictions:-
7.1. You shall neither alter or modify any of the Content or the Platform or redistribute the Content through any other third-party website nor shall You replicate or attempt to replicate the Platform using elements from the Platform;
7.2. You shall not distribute the Content through other online or offline channels unless specifically pre-approved by Dailyrounds in writing;
7.3. You shall not play or relay the Content or the Platform through any other technology except the playback functionality provided on the Platform;
7.4. You shall not circumvent or attempt to circumvent, disable or interfere with any security related features of the Platform or any functionalities that limit or restrict the copying, reverse engineering or impose other limitations on any Content;
7.5. You shall not resell the Content you view on the Platform or commercially exploit the Content for personal gain or publish Content that is promotional in nature;
7.6. You shall not use any automated bot-based technology to access the Platform in a manner so as to generate exceptionally high volume of requests for Content access;
7.7. You shall not collect or attempt to collect and compile personal data of other users of the Platform through the username and other details and commercially exploit or attempt to commercially gain from such information; or
7.8. You shall not use the Platform for solicitation of business by exploiting usernames or by specific communications that are clearly intended to solicit patients;
The above terms shall be in addition to and without prejudice to the other terms contained in these Terms and Conditions.
8.1. Dailyrounds does not make any representation, guarantee or commitment to You that the Services will be error free and be available at all times.
8.2. The Services are offered purely on “AS IS” basis. Dailyrounds only provides to you a license to the Platform and Dailyrounds expressly states that the Services are not intended to act as a substitute for professional medical opinion on ailments.
8.3. We shall not be liable for any interference, virus, hacking, or any such consequence, caused by any network or internet service providers and failure of device manufacturers to support Digital Rights Management (DRM) protocols.
8.4. Any content posted on a third-party platform, by Us, shall be subject to the terms and conditions, and policies, of that third-party platform in addition to the terms and conditions set forth herein.
8.5. IN NO EVENT SHALL DAILYROUNDS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE PLATFORM OR SERVICES; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S DATA; (C) ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PLATFORM (D) YOUR USE OF THE CONTENT.
8.6. DAILYROUNDS SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND DAILYROUNDS’ CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE OR THE DAILYROUNDS APP IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
8.7. Any information provided to You through the Platform, should not be treated as medical advice, opinion, diagnosis, prescription, or treatment. You acknowledge that We have not been authorised or recognised by any regulatory body or medical council to give any sort of medical advice, opinion, diagnosis, prescription or treatment. You also understand that the Services provided to You shall not be construed as medical training and Dailyrounds’ Services do not come within the purview of medical training as regulated by Medical Council of India or other regulatory bodies.
8.8. You acknowledge and agree that the suggestions and recommendation provided by Us or any third-party posting comments on the Platform, are only suggestions, and You may use it at Your choice and option.
8.9. All Content on the Platform,
(including but not limited to software) are provided without
any representation or warranties, express or implied except otherwise
specified in writing. Without prejudice to the forgoing paragraph,
Dailyrounds does not warrant that:
(a) Platform will be constantly available;
(b) The information made available through the Services on the Platform is complete, true or accurate; or
(c) The Content on the Platform has been curated or filtered at the time it is published onto the Platform.
8.10. Dailyrounds is not responsible to You for any data that You lose either (a) as a result of accessing the Website/App, or (b) as a result of accessing part of the Service, or (c) otherwise during the course of holding an Account.
8.11. Dailyrounds will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any causes which is beyond Dailyrounds’ reasonable control.
8.12. Dailyrounds will not accept any responsibility to any party for the use of the Services provided and/or the Content made available on the Platform for any purpose other than educational purposes Dailyrounds shall not be responsible for any claims that may arise as a direct or indirect consequence of any third party placing reliance and acting upon the information obtained as part of the Services or Your advice to a third party basis the Content on the Platform or any other Services offered through the Platform.
9. System Requirements:
9.1. You may need specific system requirement to access the Services. Please note that it is Your responsibility to check that the computer or device You plan to use to access the Account is compatible with the minimum specification requirement that relates to the subscription You are opting for. You acknowledge and accept that Dailyrounds cannot be held responsible for any technical problems (including but not limited to playback of video content) with any systems, computers or devices.
10. Modifications to Subscription:
10.1. From time to time, Dailyrounds may make modifications or enhancements to the Account, including but not limited to changes in Services, number of Services available, pricing and validity of Account duration.
11. Technical Support and Access:
11.1. Dailyrounds does not warrant uninterrupted or error-free operation of the Account.
11.2. Dailyrounds is not obliged to offer You any technical support in relation to Your Account.
11.3. You also accept and acknowledge that
Dailyrounds cannot be held responsible for any delay or disruptions to Your
Account as a result of such suspension or any of the following but not limited to:
(a) the operation of the internet and the World Wide Web, including but not limited to viruses;
(b) any firewall restrictions that have been placed on Your network or the computer You are using to access the Services;
(c) failures of telecommunications links and equipment; or
(d) updated browser issues
(e) Digital Rights Management (DRM) protocols preventing playback of media
(f) Not meeting standards any of the minimum system requirements as defined in Section 11.
12. Data protection
13. Prohibited Conduct:
13.1. You agree that You shall not use the Services or the Website in order to host, display, upload, modify, publish, transmit, update, distribute, share, store material that is violation of law. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the Content for commercial or non-commercial purposes and unwarranted modification of data and information within the Content of the Website is not permitted. You are also not permitted to do any act which is:-
(a) in violation of any applicable law or regulation;
(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of third party;
(c) in violation of a patient’s privacy and is done without appropriate approvals and consents;
(d) grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
(e) harmful to minors in any way;
(f) an impersonation of another person or entity;
(g) designed to interrupt, destroy, or limit the functionality of Dailyrounds’ computer systems or site or Dailyrounds’ Users or expose the Platform to viruses, customer’s computer systems or site ;
(h) threatening to the unity, integrity, defence, security or sovereignty of India and any other countries, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
13.2. If You become aware of misuse of the Service by any person, please contact [firstname.lastname@example.org].
13.3. You may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (a) continuously and automatically search, scrape, extract, deep link or index any Content of the Platform; (b) harvest personal information from the Services for purposes of sending unsolicited or unauthorized material; or (c) cause disruption to the working of the Services or any other person’s use of the Services. If the Services contain robot exclusion files or robot exclusion headers, You agree to honor them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services or to any Dailyrounds server, or any of the products or services provided on, accessed from or distributed through the Services. You may not probe, scan or test the vulnerability of the Services or any network connected to the Services or breach or attempt to breach the security or authentication measures on the Services or any network connected to the Services.
13.4. You may not, without the approval of Dailyrounds, use the Services to publish or distribute any advertising, promotional material, or solicitation to other for Your personal commercial gain.
13.5. You shall not either directly or through other third parties take, post, publish, transmit or otherwise make available any part of the Service on any other medium. Further, You undertake not to use, display, mirror or frame the Platform or any individual element within the Platform, unless this is expressly approved by Dailyrounds in writing.
13.6. You shall not copy or record or make any attempt to copy or record part or whole of the Services or use the Services for further distribution any mode so as to commercially benefit from the Services or engage in any form of piracy.
14. Termination or Suspension of Account:
14.1. If there is a suspicion of untoward or illegal activity, We may suspend Your Account immediately and if required, debar all future access by You to the Platform.
14.2. Dailyrounds reserves the right to cancel any Account it believes has been compromised, or is being used fraudulently, at its own discretion without any financial liability to You.
14.3. User’s Account will be Blocked for the following
reasons ( but not limited to):
(a) If found suspicious (High/ Suspicious Activity);
(b) Usage of Rooted/ Jailbroken Devices, Emulators, ChromeCast, Android TV, Amazon Fire TV/ Smart TV/ Apple TV or any other virtual machines;
(c) Screen Casting, Screen Recording, Screen Mirroring, Downloading Videos out of Dailyrounds Platform;
(d) Sharing Dailyrouds Screen Shots in Social Media or any other Network;
(e) Sharing Dailyrounds Account Credentials with anyone;
(f) Usage of Multiple Devices (Other than upto to Two Devices for Personal Use);
(g) Abusing Dailyrounds.
15.1. You acknowledge, consent and agree that Dailyrounds may access, preserve and disclose Your Account information if required to do so by applicable law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
(a) comply with legal process nationally or internationally;
(c) respond to claims that any Content violates the rights of third parties;
(d) protect the rights, property or personal safety of Dailyrounds, its other Users and the public; or
16. Security Components:
16.1. You understand that Dailyrounds and
software embodied within Dailyrounds and the Services You access may include
security components that permit digital materials including the part of
Services to be protected subject to other specific usage rules determined by
Dailyrounds. You shall not attempt to override, disable, circumvent or
otherwise interfere with any such security components, encryptions and usage
rules embedded into Website or the specific Services accessible through Your
17. Proprietary Rights:
17.1. All materials on Website or App, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) excluding content uploaded by third parties, including You, are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Dailyrounds. You acknowledge and agree that all Material on Dailyrounds is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere by Dailyrounds, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Dailyrounds’ prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize Dailyrounds or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
18. Dailyrounds and Third Parties:
18.1. All medical professionals including You publishing articles or other Content on the Platform are independent third parties and not employees of Dailyrounds. The professional and technical information contained in any Content are the views of the User only and the sole responsibility of the User publishing it. Even though Dailyrounds reviews Content hosted as part of the Services on a best effort basis, Dailyrounds disclaims all warranties and liability as regards the authenticity, relevance or correctness of information communicated to You by the other Users publishing Content and Dailyrounds does not guarantee that an updated level of Service videos contain updated information on the subject matter. The foregoing disclaimer shall also apply to the Content that You publish and make available to other Users.
19. Trademark, Copyright and Restriction:
19.1. Dailyrounds provides You with a single limited license to use and access Platform hosted as part of the Services on devices which Dailyrounds has permitted access at the time of Your subscription to the Services for the limited purpose of accessing the Platform. The license is specifically personal, non-transferable, and non-exclusive. All Content posted on the Platform by a User relating to a medical condition or ailment or other information concerning diagnosis and treatment excluding the website designs, Dailyrounds logos and Dailyrounds’ trademark shall be the absolute property of the User publishing the Content.
19.2. Any icons and logos available on the Platforms maybe trademarks of and proprietary to Dailyrounds or other third parties. If your Content includes the trademarks of any third parties, You must ensure that You are duly authorised to do so by the owner of the mark. The unauthorized publishing, posting, copying, modification, use or publication of trademarks is strictly prohibited.
19.3. All Material directly made available by Dailyrounds on the Platform, including images, illustrations, audio clips, video clips and third-party licensed images directly made available to Dailyrounds are protected by copyrights, trademarks and other intellectual property rights. Such Material shall be available to a User solely for personal, non-commercial use.
20. Terms and Termination:
20.1. This Agreement shall remain in full force and effect for so long as You use Dailyrounds. You may terminate Your Account at any time, for any reason, by contacting [email@example.com].
21. Exclusions and Limitations:
21.1. You shall be responsible for compliance with all applicable local laws in the event that You are publishing Content from any jurisdiction including India. You shall also ensure that the Content meets the legal, ethical and moral requirements applicable in India in addition to requirements of the law in the country from which the Content originates or accessed. Those who access or use Dailyrounds from other jurisdictions do so at their own volition and are responsible for compliance with the local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to You; all other provisions of these Terms remain in full force and effect.
22.1. You agree to defend, indemnify and hold harmless Dailyrounds, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorneys’ fees and costs) arising from:
(a) Your use of and access to the Platform;
(b) the Content You publish on the Platform;
(c) Your violation of applicable law or medical codes of ethics or other guidelines applicable to medical professionals;
(d) Your misrepresentation as regards Your Eligibility to use the Platform or misrepresentation in Your responses to details requested at the time of registering onto the Platform;
(e) third party claims from Parties who rely on Your representations to them basis the information made available through the Services;
(g) Your violation of any third party right, including without limitation any copyright, property, or patient privacy or other moral and ethical right; or
(h) Defamatory claims made either by a third party or You.
23. Additional Terms:
23.1. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or Platform (or any portion thereof) with or without notice. You agree that we will not be liable to You or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Platform.
23.2. This Agreement and any rights and licenses granted here under, may not be transferred or assigned by You, but may be assigned by Dailyrounds without restriction.
23.5. The failure of Dailyrounds to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
23.6. These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Bangalore.
24.1. In case of any grievance arising from the use of Platform, please contact: [firstname.lastname@example.org]