DBFI is the author and publisher of the internet resource www.dbfi.in. MII Ret Cam Inc owns and operates the services provided through the Website.

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1. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) before you decide to access the Website or avail the services made available on the Website by DBFI. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and DBFI in connection with your visit to the Website and your use of the Services (as defined below).

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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 with retina testing facilities wishing to be listed, or already listed, on the Website (“Practitioner(s)”, “you” or “User”); or
A patient, his/her representatives or affiliates, searching for Practitioners 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 DBFI on the Website, which are offered at a charge to the Users (“Services”), including the following:
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) search for Practitioners by name,  geographical area, or any other criteria that may be developed and made available by DBFI, and (ii) to make appointments with Practitioners.

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The Services may change from time to time, at the sole discretion of DBFI, 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 connect@dbfi.in.

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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.

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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.

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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.

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Your access to use of the Website and the Services will be solely at the discretion of DBFI.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to: the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

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1. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

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The terms in this Clause 2 are applicable only to Users other than Practitioners.

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2.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.

2.2 DBFI may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of DBFI’s services and to build new services.

2.3 The Website allows DBFI to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.

2.4 The Privacy Policy sets out, inter-alia:

The type of information collected from Users, including sensitive personal data or information. The purpose, means and modes of usage of such information; How and to whom DBFI will disclose such information; and, Other information mandated by the SPI Rules.

2.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:

the fact that certain information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the nature of collection and retention of the information; and
the name and address of the agency that is collecting the information and the agency that will retain the information; and the various rights available to such Users in respect of such information.

2.6 DBFI shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to DBFI or to any other person acting on behalf of DBFI.

2.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify DBFI of any actual or suspected unauthorized use of the User’s account or password. Although DBFI will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DBFI or such other parties as the case may be, due to any unauthorized use of your account.

2.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or DBFI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DBFI has the right to discontinue the Services to the User at its sole discretion.

2.9 DBFI may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

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3. LISTING CONTENT AND DISSEMINATING INFORMATION

3.1 The Services provided by DBFI or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). DBFI does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services.

3.2 The Website may be linked to the website of third parties, affiliates and business partners. DBFI has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that DBFI endorses the linked site. User may use the links and these services at User’s own risk.

3.3 DBFI assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

3.4 If DBFI determines that you have provided fraudulent, inaccurate, or incomplete information, DBFI reserves the right to immediately suspend your access to the Website or any of your accounts with DBFI. You shall be liable to indemnify DBFI for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected DBFI or its Users.

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4.  BOOK APPOINTMENT AND CALL FACILITY

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DBFI enables Users to connect with Practitioners through Book facility that allows Users book an appointment through the Website

4.1 DBFI will ensure Users are provided confirmed appointment on the Book facility. However, DBFI has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment.

4.2 The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by DBFI of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.

4.3 Without prejudice to the generality of the above, DBFI is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that DBFI will not be liable for:

User interactions and associated issues User has with the Practitioner;
the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged.

4.4 Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, DBFI shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website.

4.5 In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the concerned Practitioner’s clinic: User is not entitled for refund. User can cancel the appointment 24 hours before with full refund.

DBFI reserves the right to make the final decision in case of a conflict. The total aggregate liability of DBFI with respect to any claims made herein shall be INR 200.

4.6 Cancellation and Refund Policy

In the event that, the Practitioner with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at connect@dbfi.in within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 4.5.

Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.

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5.  NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

5.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between DBFI and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.

5.2 It is hereby expressly clarified that, the Information that you obtain or receive from DBFI, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

5.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.

 

6.  CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

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6.1 The contents listed on the Website belong to DBFI. The information that is collected by DBFI directly or indirectly from the End- Users and the Practitioners shall belong to DBFI. Copying of the copyrighted content published by DBFI on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and DBFI reserves its rights under applicable law accordingly.

6.2 DBFI authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "DBFI Content"), are the property of DBFI and are protected under copyright, trademark and other laws. User shall not modify the DBFI Content or reproduce, display, publicly perform, distribute, or otherwise use the DBFI Content in any way for any public or commercial purpose or for personal gain.

6.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

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7.  REVIEWS AND FEEDBACK

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By using this Website, you agree that any information shared by you with DBFI or with any Practitioner will be subject to our Privacy Policy. Reviews and feedbacks are not published on website rather given directly to connect@dbf.in

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8 RECORDS

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DBFI may provide End-Users with a free facility known as ‘Records’ on website communication box ‘DBFI’.

8.1 Your Records is only created after you have signed up and explicitly accepted these Terms.

8.2  Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the user  and DBFI does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.

8.3 The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner.

8.4 It is your responsibility to keep your correct mobile number and email ID updated in the system. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. DBFI is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with DBFI.

8.5 DBFI uses industry–level security and encryption to your Health Records. However, DBFI does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform DBFI of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to connect@dbfi.in.

8.6 If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. DBFI assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify DBFI and its officers against any such claim or liability arising out of unauthorized use of such information.

8.7 DBFI is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.

8.8 The Health Records are shared within website with correct login. DBFI is not responsible for adding the Heath Records with incorrect login

8.9 DBFI is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.

8.10  DBFI has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.

8.11  DBFI will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.

8.12  You agree and acknowledge that DBFI may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.

8.13  You hereby agree to the storage of your Records by DBFI pertaining to such previously visited clinics and hospitals who have tie ups with DBFI for the purposes of their business and for DBFI's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with DBFI, to the mapping of such Records as may be available in DBFI’s database to your User account.

9. TERMS OF USE PRACTITIONERS

9.1 DBFI, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. DBFI reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform DBFI immediately to enable DBFI to make the necessary amendments.

9.2  DBFI reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.

9.3  In recognition of the various offerings and services provided by DBFI to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow DBFI to include a brief description of the services provided to Practitioner in DBFI’s marketing, promotional and advertising materials; (b) allow DBFI to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to DBFI’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.

 

10. DBFI REACH RIGHTS

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DBFI reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, DBFI will not be liable for the accuracy of information or the claims made in the Sponsored ads. DBFI does not encourage the Users to visit the Sponsored ads page or to avail any services from them. DBFI will not be liable for the services of the providers of the Sponsored ads.

You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and DBFI accepts no liability for the same.

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11.TERMINATION

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11.1 DBFI 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,
Such User breaches any terms and conditions of the Agreement;

A third party reports violation of any of its right as a result of your use of the Services;
DBFI is unable to verify or authenticate any information provide to DBFI by a User;
DBFI has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
DBFI believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for DBFI or are contrary to the interests of the Website.

11.2 Once 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.

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12. LIMITATION OF LIABILITY

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In no event, including but not limited to negligence, shall DBFI, 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 Practitioners 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).

12.RETENTION AND REMOVAL

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DBFI 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.

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13.APPLICABLE LAW AND DISPUTE SETTLEMENT

13.1  You agree that this Agreement and any contractual obligation between DBFI and User will be governed by the laws of India.

13.2 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 DBFI. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Coimbatore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

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14. CONTACT INFORMATION GRIEVANCE OFFICER

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10.1 If a User has any questions concerning DBFI, the Website, this Agreement, the Services, or anything related to any of the foregoing, DBFI customer support can be reached at the following email address: connect@dbfi.in

10.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

Villa 67 Elysium flushing meadows,

Kaikolampalayam,Coimbatore,

Tamil Nadu 641062

Phone: +91 82488 44315
Email: connect@dbfi.in

In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

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15.SEVERABILITY

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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.

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16.WAIVER

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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 DBFI. Any consent by DBFI to, or a waiver by DBFI 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.