The OyeHelp Doctors Terms and Conditions (this "Agreement") are applicable to you, an doctor in your field (“Doctor”) who access and/or use the platform for providing on-line advice and professional consulting services ("Doctor Platform") available at www.oyehelp.com and/or Other B2B solutions and websites powered by OyeHelp or owned by Oyehelp Technologies Pvt. Ltd. (each a "Site" and collectively the "Sites").
The Sites are currently owned and operated by Oyehelp Technologies Pvt. Ltd ("OyeHelp").
Definition of Doctor
You are considered to be an "Doctor" if you have a recognized degree or diploma in the category you are registered other than the lifestyle category, for which no degree is mandatory, and register to be an Doctor with the explicit purpose of providing your consultation to the visitors of the Oyehelp Platform and/or on partner Sites. Your Doctor Registration Form is subject to approval of Oyehelp, once the same is accepted, your profile will be activated by OyeHelp.
Rejection of a profile may occur due to incomplete forms, or due to a particular category or subcategory being closed for registration at the particular time or any other reason that may not have been specifically mentioned here and in no way implies a rejection of the Doctor and his or her qualificiations.
Definition of member or user
Anyone who has registered themselves on the Oyehelp platform with the purpose of taking advice or services from an Doctor will be deemed as a member or user of oyehelp. Such members or users may or may not have made a payment on the platform, and may use the platform to avail of free consultation, if the same has so been provided by the Doctor. Therefore a user or member may or may not be a paid member of oyehelp.
This Agreement applies with respect to you or any Doctor’s access and/or use of the Doctor Platform regardless of where such Doctor Platform is made available.
In addition to the Doctor Platform being available at the Sites, the Doctor Platform, or a portion thereof, may also be made available via third party websites. If you or any Doctor has accessed the Doctor Platform, or any portion thereof, via a website owned, operated, managed, maintained or controlled by a third party, your or any Doctor’s use of such website may be subject to terms and conditions imposed by such third party as well. OyeHelp is not and shall not be responsible or liable for any terms, conditions, policies, acts, omissions etc. of any such third parties.
YOU AGREE THAT BY USING THE DOCTOR PLATFORM YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.
This Agreement sets forth and contains the terms and conditions between you i.e. the Doctor and OyeHelp. By using any portion of the website you agree to be bound by this Agreement. It is advisable that you should read this Agreement carefully. In the event, IF YOU DO NOT AGREE TO BE BOUND BY ANY CLAUSE OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY CEASE FROM USING ANY PORTION OF THE WEBSITE. In such a case, you will not be able to register as an Doctor or otherwise access and/or use the Doctor Platform.
OyeHelp reserves the right and may modify this Agreement or any part hereof at any time as may be required for the provision of services on the Sites, for complying with the legal and regulatory framework and for other legitimate business purposes. OyeHelp will expend reasonable efforts to inform you of any material change to this Agreement. That said, you as well as every Doctor is encouraged to check the terms of this Agreement frequently. It is made expressly clear that by continuing to use the Doctor Platform and/or the Sites (including maintaining your account) after any modifications have been made to this Agreement , would indicate your and/or the Doctor’s consent to be bound by such modified agreement.
oyehelp.com provides a platform where an Doctor may present his or her consultation and sell advice or services to interested OyeHelp users. The Doctor Platform allows Members to locate an Doctor and ask questions or request advice and/or services from such an Doctor via the Oyehelp platform. OyeHelp, via the Doctor Platform, enables a Member to communicate with the Doctor. Payments made via the payment gateway on the Oyehelp platform can be used for one or more Doctors, at the complete discretion of the Member. The Member is not restricted in any way from using the services of one particular Doctor at any point and time.
The Doctor warrants that whenever it provides Doctor services to any Member of OyeHelp, it shall do so after exercising reasonable standard of care or standard of care mandated by his or her profession, whichever is higher.
The Doctor agrees that the Doctor:
The Doctor acknowledges that OyeHelp merely provides a platform wherein the Doctors can meet the Members, i.e. customers and therefore agrees that the Sites are being provided for use as is, and therefore, the Doctor will not have any plea, claim, or demand vis a vis OyeHelp. Further, the use of OyeHelp and/or the Sites by the Doctor is voluntary and completely at the Doctor’s sole and entire risk, without any warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility etc.
OyeHelp enables the transfer of files between Members and Doctors. When opening such file attachments received from Members it is the Doctor’s responsibility to scan them with an anti-virus software application prior to opening them.
Without derogating from the above or any other term of this Agreement, OyeHelp may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Doctor and/or remove any content violating this Agreement. The decision taken by OyeHelp shall be final in this regard. The Doctor will bear all the risks associated with the uploading and transmitting of material while utilizing a Site and/or OyeHelp's services, including reliance on its accuracy, reliability or legality.
THE Doctor SHALL NOT DISOBEY OR COMMIT A BREACH OF THIS AGREEMENT OR ANY OTHER AGREEMENTS OR INSTRUCTIONS CONVEYED BY OYEHELP. FAILURE TO COMPLY OR A BREACH OF THE ABOVE, WILL ENTITLE OYEHELP, WITHOUT INTIMATING THE Doctor, TO IMMEDIATELY BLACKLIST THE DOCTOR ON ITS ROLLS, SUSPEND THE Doctor’S ACCOUNT ON THE SITES AND THEREFORE, RESTRICT TRAFFIC TO IT, WITHOLD OUTSTANDING PAYMENTS DUE TO THE DOCTOR AND EVEN, PERMANENTLY EJECT THE DOCTOR FROM THE DOCTOR PLATFORM.
The Doctor acknowledges that in order to have a presence on the Doctor Platform as an Doctor, he or she must be a registered and approved Doctor on the Oyehelp platform The approval is done annually by OyeHelp before it can access the Sites and provide online advice or professional consultancy services. Doctors also acknowledge that OyeHelp merely provides the Doctor Platform where Members may elect to contact Doctors and OyeHelp promotes the Doctor profiles though various digital and mobile properties owned by OyeHelp but OyeHelp cannot and does not guarantee that mere signing up and making the payment to OyeHelp will result in Transactions.
The Doctor also acknowledges that any payment made to OyeHelp is for the opportunity to have a presence on the Doctor Platform, unless otherwise specified. The Doctor also agrees that in the event a Member does contact the Doctor through OyeHelp’s Doctor Platform, for every call, web session, chat session etc., OyeHelp is entitled to a certain percentage of the billing, which depends on the plan the Doctor has chosen at the time of choosing a plan. Therefore, before OyeHelp makes the payment to the Doctor, OyeHelp shall be entitled to deduct the amounts which have accrued to it and the remainder shall be transferred to the Doctor, as agreed by the Doctor at the time of registration.
With respect to the pay out cycle, the Doctor agrees that for any payment from OyeHelp, a minimum of Rs. 1000 should be payable to the Doctor, in which case, such payment shall be made on a month to month basis. In the event, at the end of the month the amount outstanding to the Doctor has not reached Rs. 1000, then the Doctor shall not be entitled to the payment in that month, and the same shall be carried forward to the next month’s calculations.
OyeHelp’s billing system is not error-free, and OyeHelp shall not be liable for any problems, miscalculations or malfunctions in processing Doctor Fees or other payments due to the Doctor. If the Doctor thinks that a mistake has occurred he or she must send his/her complaint to OyeHelp within 30 days of discovery of such mistake. If for any reason the Member has not paid the Doctor Fee or has paid but has later charged back such payment, no Doctor Fees will be paid to the Doctor for that transaction and if the money has already been sent to the Doctor, Doctor is required to repay this amount to OyeHelp, and OyeHelp has the right to deduct this amount from the Doctor's account or from the following payments to be made from OyeHelp to Doctor. Any Doctor advice that is disputed, and remains unresolved, will be withheld for a reasonable amount of time till the problem is resolved. Oyehelp will have the final say with regards to disputes in this regard.
When you, the Doctor, create and open an account with OyeHelp, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify OyeHelp of any unauthorized use of your password, user name, e-mail or any other breach of security. OyeHelp encourages Doctors to change their password at least once a month.
OyeHelp will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by OyeHelp due to someone else’s use of your account or password.
DOCTOR ACKNOWLEDGES AND AGREES THAT THE SITES AND DOCTOR PLATFORM ARE PROVIDED ON A "AS IS" BASIS, AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST OyeHelp, ITS AFFILIATES, OR ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, AGENTS ETC. WITH RESPECT TO THE SITES, THE DOCTOR PLATFORM OR ANY MEMBER. THE USE OF THE SITES AND THE DOCTOR PLATFORM IS AT THE DOCTOR’S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, AND OyeHelp EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY AND ACCURACY.
THE DOCTOR SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST OYEHELP, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT OF ANY SERVICES DOCTOR DECIDES TO PROVIDE IN CONNECTION WITH THE USE OF THE SITES. OYEHELP WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH THE SITES AND/OR OYEHELP. THE SALE OR PURCHASE OF SERVICES IS ACCORDINGLY EFFECTED AT THE DOCTOR'S SOLE AND ENTIRE RISK. UNDER NO CIRCUMSTANCES WILL OYEHELP, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY DOCTOR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT.
DOCTOR ACKNOWLEDGES AND AGREES THAT OYEHELP DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A MEMBER IN CONNECTION WITH PROVISION OF ANY SERVICES BY DOCTOR (INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS BY THE DOCTOR AS TO DOCTOR’S QUALIFICATIONS AND ADVICE PROVIDED BY THE DOCTOR) THROUGH THE OYEHELP SERVICE AND DOCTOR AGREES TO INDEMNIFY AND HOLD OYEHELP HARMLESS IN CONNECTION WITH ANY SUCH CLAIM AND ANY DAMAGES OR EXPENSES ARISING THEREFROM.
OyeHelp does not assume, and will not be liable for: (1) the accuracy or availability of the Sites or the Doctor Platform; or (2) any damages or injury arising from or related to the Sites, the Doctor Platform and/or any opinion, response, advice, prediction, recommendation, information, representation and/or other service provided or not provided by any Doctor.
This section (disclaimer of warranty) shall survive termination or expiration of this Agreement.
OyeHelp will not be liable for enforcing any agreement that was made between an Doctor and a Member, including a Member fee agreement. Doctor will be solely responsible for any agreement made with a Member. It is expressly reiterated that OyeHelp merely brings both the Member and the Doctor on a common platform in order to increase the accessibility of the various Doctors to the various Members and has no role in actual dispensation of advice.
In the event of a dispute regarding any Transaction conducted via the Doctor Platform or the Sites, the Doctor hereby relieves OyeHelp, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys' fees, which Doctor may have against one or more Members.
DOCTOR EXPRESSLY UNDERSTANDS AND AGREES THAT OyeHelp, ITS AFFILIATES, AND ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AGENTS ETC. SHALL NOT BE LIABLE TO ANY DOCTOR OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE). DOCTOR FURTHER EXPRESSLY UNDERSTANDS AND AGREES THAT OyeHelp DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN DOCTOR IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND DOCTOR AGREES TO INDEMNIFY, DEFEND AND HOLD OyeHelp HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE.
In the event applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law, and the maximum liability to OyeHelp will be capped at $10 or Rs.500 whichever is higher. This section (limitation of liability) shall survive termination or expiration of this Agreement.
The Sites may contain links or other content related to web sites, products and/or services offered by third parties. OyeHelp has no control over any such links, content, web sites, products or services or any information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. The Doctor acknowledges and agrees that OyeHelp is not responsible for the availability of such third party links, content, web sites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. The Doctor warrants and agrees that OyeHelp will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, web site, content, product and/or service. OyeHelp encourages the Doctor to, at a minimum, be aware when he or she leaves a Site and to review the privacy practices related to third party sites.
OyeHelp may include on the Sites advertisements on its own behalf or paid advertisements on behalf of third parties. By clicking on the advertisements, the Doctor may be redirected to a web site of the advertiser or receive other messages, information or offers from the advertiser.
The Doctor acknowledges and agrees that OyeHelp is not liable or responsible for the content, products or services of such advertisers or the web sites, links, information, messages, offers or privacy practices of such advertisers. The Doctor is wholly liable for all communications and transactions with advertisers.
OyeHelp reserves the right to modify or discontinue, temporarily or permanently, any service in or on the Sites, with or without notice to the Doctor. The Doctor agrees that OyeHelp shall not be liable to Doctor or to any third party for any modification or discontinuance of any service offered by OyeHelp, or for any losses or damages that may result to the Doctor or any third party from such discontinuation or interruption of service.
OyeHelp's services depend on various factors such as software, hardware and communications networks of OyeHelp, its contractors and suppliers. OyeHelp does not guarantee that OyeHelp's service will be uninterrupted or that it will be timely, secure or error-free.
OyeHelp, in its sole discretion and for any breach of this Agreement, may terminate Doctor’s participation in the services and refuse any and all current or future use by Doctor of the Sites. In such a situation, the Doctor will also forfeit all monies due from OyeHelp. However, in the event the Doctor has not breached this Agreement, but the service in or on the Sites is modified or discontinued permanently without any fault of the Doctor, the Doctor shall be entitled to a pro rate reimbursement of its payment.
The Sites and the Doctor Platform contain copyrighted material, trade secrets and proprietary information owned by OyeHelp or its licensors. This Agreement does not grant to the Doctor any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Sites or Doctor Platform; or any material or information appearing on the Sites or Doctor Platform; or any services offered by OyeHelp. The Doctor may not create any derivative work or technology based upon any trade secret, intellectual property, confidential or proprietary information of OyeHelp or its licensors. Furthermore, the Doctor may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in the Sites or Doctor Platform.
The Doctor may not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of OyeHelp or its licensors, or take any other action that infringes upon or impairs OyeHelp's trademark or other intellectual property rights.
OyeHelp or its suppliers are the sole owners of all intellectual property, and in particular the copyright, trademarks, database and patents, in the Sites, Doctor Platform and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in this Agreement, OyeHelp or its suppliers shall retain all ownership rights in and to all content displayed on the Sites and Doctor Platform including copies of data transferred or received by Doctor through the Sites and Doctor Platform. This section shall survive expiration or termination of this Agreement.
Doctor will indemnify, defend and hold harmless OyeHelp, and its employees, representatives, agents and Affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against OyeHelp or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Doctor according to this Agreement; (b) Doctor's provision of services to any third party, regardless of whether or not they are Members of OyeHelp; or (c) any materials that Doctor has posted to OyeHelp and its Sites and/or any content on Doctor's Web site or otherwise provided to Members. Doctor represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by Doctor, including, without limitation, professional liability insurance applicable to the legal and medical professions
OyeHelp may disclose Doctor information including personal information if OyeHelp reasonably believes that disclosure
(i) is necessary in order to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority,
(ii) would potentially mitigate OyeHelp's liability in an actual or potential lawsuit,
(iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity,
(iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by Doctors), or
(v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
OyeHelp grants Doctors a limited, nonexclusive, revocable right to use the Sites provided that Doctor does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, and provided further that you remain fully compliant with all terms and conditions of this Agreement and all other policies referenced herein or otherwise made available on the Sites.
You shall not assign your rights or obligations pursuant to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of OyeHelp. Any purported assignment without the prior written approval of OyeHelp will be null and void and of no force or effect.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the India (excluding any rules governing choice of laws), and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in New Delhi, India. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between OyeHelp and the Doctor with respect to the subject matter hereof, and the Doctor has not relied upon any promises or representations by OyeHelp with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the India are not permitted to use or access the Doctor Platform or the Sites.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.