Last Updated:15-02-2021
Dr. Mind is an application owned by Iowave Pvt Ltd which is an Indian company, with its principal offices in India (“we” or “us”), provides you with the Dr. Mind Service (the “App”) and related website (including the mobile-optimized versions of such website, the “Site”) under these Terms and Conditions (this “Agreement”). The App and the Site are referred to together as the “Service.” As used in these Terms and Conditions, ‘you’ or ‘users’ refers to individuals using the Service. By using the Service and/or by clicking the “I Agree” button, you unconditionally agree to follow and be bound by this Agreement and our Privacy Policy. If you do not agree to be bound by and comply with all of the terms of this Agreement, you may not use our Service.These Terms apply to all visitors, users and others who wish to access or use Service.
The Service is available only to users who are at least 18 years old. Under no circumstances should the Service be used by children under 16 years of age, and we will not knowingly collect personal information from any person we know to be in this age group. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions. If you are using the Service for the benefit of a child, please do not provide information relating to such child unless you have obtained the child’s parents’ or guardians’ consent, including their consent to our Privacy Policy. You may not provide access to or use the Service or Content (as defined below) thereof for the benefit of third parties or make commercial use of the Service or related Content, but you may use the Service for your personal use subject to this Agreement. Use of and access to the Service is void where prohibited. By accessing and using the Service, you shall ensure that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Service will comply with and does not violate any applicable law, regulation, order or guideline and (d) you consent to receiving messages and promotional material offering in-Service purchases.
We reserve the right to update or modify this Agreement at any time. By continuing to use the Service after any such changes, you agree to follow and be bound by this Agreement as changed. For these reasons, we encourage you to periodically review this Agreement.
Your use of any aspect of the Service is at your own risk. You must consult with healthcare providers and make your medical decisions based on their advice.If you use and/or access the Service on or from an Android device which you or someone else rooted or on or from an iOS device which you or someone else jail broke, Dr. Mind shall not be responsible for the security of your data, including your personal information, and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data.We will investigate suspected violations of this Agreement or illegal and inappropriate behavior through the Service. Please note that we will fully cooperate with any law enforcement investigation or court order ordering us or directing us to disclose the identity, behavior or activities of anyone believed to have violated this Agreement or to have engaged in illegal behavior.You may request termination of your account at any time and for any reason. Any suspension or termination of your account shall not affect your obligations to us under this Agreement (including but not limited to ownership and limitation of liability), including all those obligations, which by their sense and context are intended to survive the suspension or termination of your account.However, should a User choose to proceed with a Practitioner displayed / identified / listed by us, for any purpose whatsoever, including without limitation, posing a question, seeking medical advisory service, exchanging Patient information, charts, DICOM Images, seeking appointments, we are not a party to such interaction and take no liability arising from such communication.Dr. Mind collects, directly or indirectly, and displays on the Website/ App, relevant information regarding the profile and practice of the Practitioners listed on the Website/App, such as their specialization, qualification, fees, location, visiting hours, and similar details. Dr. Mind takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Dr. Mind screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.Since the questionnaires rely on patient self-report, all responses should be verified by the clinician and a definitive diagnosis made on clinical grounds, taking into account how well the patient understood the questionnaire, as well as other relevant information from the patient. Dr. Mind makes no warranties or representations of any kind as, to the accuracy, currency, or completeness of the information accessed and used through this web site. Online screening tools are not diagnostic instruments. You are encouraged to share your results with a physician or healthcare provider. Dr. Mind, sponsors, partners, and advertisers disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, from the use and application of these screens.Pharmaceutical companies will be sharing their advertisements on the doctor’s dashboard on the Website/App. Dr. Mind is not responsible for the information mentioned in the advertisements. Dr. Mind shall not be held liable for any information mentioned by the pharmaceutical companies by way of advertisements on the Website/App. The various helpline numbers mentioned in the App/ website and the information provided by them is not the responsibility of Dr. Mind and it shall not be held liable for any of the services provided by the helpline numbers. Dr. Mind is merely a platform which connects individuals to their preferred services and hence, cannot be held liable for the services of the help lines. Dr. Mind reserves the right to use the information collected on the App/Website for the purposes of research and development, as well as reserve the right to the sell the information to a verified third party. Refunds, Cancellations, Disputes and Chargebacks.
No cancellation or refunds are permitted in Dr. Mind. In exceptional cases, User may submit a claim for a refund for a purchase by emailing contact@drmind.care and providing a clear and specific reason for the refund request and the exact terms that have been violated. Whether a refund will be provided will be determined by Company in its sole discretion. Refund requests must be submitted within 30 days of purchase.
We do not warrant or guarantee that the Service will function with your mobile or computing device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Service. Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about (1) the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of the Service, Content, including software, text, graphics, links, or communications provided on or through the use of the Service; or (2) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Service. We have no obligation to provide technical support or maintenance for the Service. Although we take reasonable measures to keep the Service free of viruses, worms, Trojan horses or other code that contain destructive properties, we do not warrant or guarantee that files available for downloading through the Service will be free of such contaminations.
The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy. Dr. Mind may by its Services, collect information relating to the devices through which you access the Website/App, and anonymous data of your usage. The collected information will be used only for improving the quality of Dr. Mind’s services and to build new services. The Website/App allows Dr. Mind to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better service and for obtaining feedback in relation to the product.Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our cookies policy.
The Privacy Policy sets out, inter-alia:
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:
Dr. Mind 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 Dr. Mind or to any other person acting on behalf of Dr. Mind.
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/App. 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 Dr. Mind of any actual or suspected unauthorized use of the User’s account or password. Although Dr. Mind will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Dr. Mind or such other parties as the case may be, due to any unauthorized use of your account.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Dr. Mind has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dr. Mind has the right to discontinue the Services to the User at its sole discretion.
Dr. Mind may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.Against every Practitioner listed on Dr. Mind, you may see a ‘show number’ or ‘make an appointment’ option. When you choose this option, you are required to login or register with Dr. Mind to make appointments or conduct any consultations as per the practioner’s discretion. Dr. Mind accepts no liability if the facility is not used in accordance with the foregoing.It is your responsibility to keep your correct mobile number and email ID updated in the Health Portal. The records will be stored to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Dr. Mind is not responsible for any loss or inconvenience caused due to your not updating your contact details for the Health Portal.
Dr. Mind reserves the right to use the information collected on the App/Website for the purposes of research and development, as well as reserve the right to the sell the information to a verified third party.
The Company collects the following personal data from the Users:
The Company also may use the Personal Information to communicate with the User using contact number or email id or address.
The app/website does use third party services that may collect information used to identify you.
Link to privacy policy of third party service providers used by the app
We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.
Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.
This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.
We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.
We may employ third-party companies and individuals due to the following reasons:
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13 years of age. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
We reserve the right to update or modify this Agreement at any time. By continuing to use the Service after any such changes, you agree to follow and be bound by this Agreement as changed. For these reasons, we encourage you to periodically review this Agreement.
This policy is effective as of 15-02-2021
If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at contact@drmind.care.
If you submit any information to us through or related to the Service or send us any business information, feedback, idea, concept or invention to us by e-mail, you shall ensure that such information is not confidential and that you have all necessary permission to submit or otherwise make available such information.
You further agree that:
You agree not to interfere or attempt to interfere with the proper working of the Service or to disrupt the operations or violate the security of the Service. Violations of system or network operation or security may result in civil or criminal liability. We will investigate possible occurrences of such violations, and we may involve and cooperate with law enforcement authorities in prosecuting anyone involved with such violations. You agree to comply with all user responsibilities and obligations as stated in this Agreement. Non-enforcement or our failure to act with respect to a breach by you or others of this Agreement does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Nothing contained in this Agreement shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct.
We hereby grant to you a limited, non-exclusive, non-assignable, non-sublicensable license to access and use our Service, and any user guides, specifications or related documentation (the “Documentation”), subject to the terms and conditions of this Agreement. This license is only for your personal and non-commercial use and only for the term of this Agreement. To the extent not limited or restricted under any applicable law or regulation, you are granted permission to temporarily download one copy of the App for personal, non-commercial use only on each mobile device that you own or control. You may not distribute or make the App available for use by others on multiple devices simultaneously. Under this license, except as and only to the extent any of the following restrictions are prohibited by applicable law or any of the restricted activities are permitted by the licensing terms of any open-sourced components incorporated into the App, you may not:
If you violate any of these restrictions, this license will automatically terminate, and you may be subject to prosecution and damages.
The materials appearing in the app could include technical, typographical, or photographic errors. Dr. Mind does not warrant that any of the materials in the app is accurate, complete or current. Dr.Mind may make changes to the materials contained in the app at any time without notice. However, Dr.Mind does not make any commitment to update the materials.
Dr. Mind and its licensors own the Site, Documentation and App, including any material or Content made available through the Service, including our proprietary algorithm, and all worldwide intellectual property rights in the foregoing. Except as expressly permitted herein, you may not copy, further develop, reproduce, re-publish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Service. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.
This provision only applies in respect of the version of the App used on devices of Apple, Inc. This Agreement is an agreement between you and us. Apple has no responsibility for the App or the content of the App, including in respect of claims of intellectual property infringement, product liability or that the App does not conform with applicable law. To the maximum extent permitted by applicable law, Apple provides no warranty in respect of the App and has no obligation to provide support in respect of the App. All claims in respect of the App must be directed to us and not to Apple. Your use of the App must be in compliance with the App Store Terms of Service, and you may only use the App on an iPhone or iPod that you own or control as permitted by such terms. In the event the App fails to conform to the warranty set forth herein, you may notify Apple, and Apple will refund the purchase price for the App to you. Apple shall be a third party beneficiary of this Agreement with the right to enforce this Agreement against you.
We accept no responsibility or liability for any material provided or posted by a user, at his solely discretion. We will make a reasonable effort to monitor and moderate the content posted by users for any obvious illegal content. If you believe that something appearing on the Service infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. It is our policy to terminate the accounts of repeat infringers in appropriate circumstances.
This Agreement is effective until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of the Service. If you violate this Agreement, our permission to you to use the Service automatically terminates. We may, in our sole discretion, terminate this Agreement and your access to any or all of the Service, at any time and for any reason, after notifying you, without penalty or liability to you or any third party. In the event of your breach of this Agreement, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. Upon any termination of the Agreement by either you or us, you must promptly uninstall the App on all of your devices and destroy all materials downloaded or otherwise obtained from the Service, all Documentation, and all copies of such materials and Documentation. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Disclaimers, Ownership, Limitations on Liability, Choice of Law and Forum, Entire Agreement and Severability.
This Agreement shall be governed in all respects under the laws of India, exclusive of its choice of law or conflict of law provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Service, you irrevocably agree to submit to the exclusive jurisdiction of the courts located in New Delhi, India.
This Agreement constitutes the entire agreement between you pertaining to the subject matter hereof. Anything contained in or delivered through the Service that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. This agreement may be superseded by any terms agreed between an individual and Dr. Mind.
If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
You agree that this Agreement and all incorporated agreements between you and us may be assigned by us, in our sole discretion to any third party.
Please send your feedback, comments, requests for technical support by email: contact@drmind.care.