END USER LICENSE AGREEMENT
Welcome and thanks for using our services on DoxBay.com (“Services”). When you use our products or services, you're agreeing to the Terms and Conditions of use (“Terms”) as outlined in this document – the End User License Agreement (“User agreement”). Please take a few minutes to read over the User Agreement below. Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. These Terms are applicable to all types of users of DoxBay i.e. Professionals as well as (representatives of) Organisations. Some parts and sections of the Agreement may not be applicable to all types
- Registration and Account Security
- Sharing your Content and Information
- Member authenticity
- Authenticity and correctness of information
- Patient confidentiality
- Rights and Limitations of User
- Deleting posts and suspending users
- Intellectual Property Rights Policy
- DoxBay Applications
- Third Party Content
- Limitation of Liability
- No identity Verification
- Modifying and Changing our Services
- General Terms
DoxBay is a social network and an online platform for medical professionals and healthcare companies, institutions and organisations worldwide.
1.1 Purpose, Scope and Intent
DoxBay is an online professional networking service for medical professionals and healthcare organisations. DoxBay provides a platform for exchange of latest news, information and research in Medicine, for collaboration, for finding and connecting with other professionals and organisations and for sharing and discovering relevant courses and career opportunities worldwide in one place.
- For the purpose of this End User License Agreement, wherever the context so requires "You" or "User" or “Member” shall mean any natural or legal person who has agreed to become a registered member on the Website by providing Registration Data. The term "We", "Us", "Our" shall mean DoxBay.com, connected websites and mobile applications thereto.
- EULA: End User License Agreement (EULA) hereinafter referred, denotes this agreement which is effective from the moment, you click “I Accept”.
- User: The person or entity registering to use and take benefits directly or indirectly from the platform of DoxBay.com, connected websites and mobile applications therein.
- Non-Members: The person or entity taking direct or indirect benefits from the platform of DoxBay by visiting, browsing or in any other manner who cannot be termed as a registered user would fall within the purview of non-members.
- Non-Connections: All persons or entities on DoxBay who are not connected to the User.
- Terms and Conditions: The terms and conditions of this EULA, as amended from time to time as provided for herein.
- Information: Information includes data, text, images, sound, voice, codes, computer programmes, software and databases.
2.1 Service and Administrative communication
As part of providing you the Services, we may need to provide you with certain communications via e-mail, such as service announcements and administrative messages, for e.g. when you have applied for or showed interest in a job, course or fellowship; when you first sign up; when new features are added, when there are significant changes to the Terms etc. These communications are considered part of the Services and your DoxBay account, which you may not be able to opt-out from receiving.
2.2 Collection of Information and use
We collect information to provide better services to all of our users – from knowing their most basic information to the most complicated information which the users may provide us through registering with us. We use the information we collect to improve or modify our service, add or remove features, improve stability and security of the network, monitor performance, to understand the user profile, demographics and usage patterns in order to suggest connections, following options, jobs, courses etc. and to provide relevant and targeted content including communication from DoxBay.com, content shared by other DoxBay users, advertisements, sponsored content and other such news items and updates that you may receive from time to time. When you contact DoxBay.com, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about new changes, improvements and up-gradation made in our services to enhance user satisfaction of our services.
3. Registration and Account Security
DoxBay.com users must provide their real names and information at the time of registration and must keep the information accurate and updated. Here are some commitments you make to us relating to creating and maintaining your DoxBay profile (identity) and the security of your account:
3.1 You should be more than 18 years to create an account on DoxBay.
3.2 You will not provide any false personal information on DoxBay, or create an account for anyone other than yourself or the organisation you belong to and are authorised to represent, without written permission from DoxBay.
3.3 You will not create more than one personal account.
3.4 If you already have an account which has been suspended by DoxBay, you shall not create a new account without written permission from DoxBay
3.5 You must be a medical professional i.e. a Doctor registered in your country, a medical student, a representative of a healthcare organization or body or any other user authorized by DoxBay.
3.6 You will keep your contact and profile information accurate and up-to-date.
3.7 You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
3.8 You will not transfer your account to anyone without written permission from DoxBay.
3.9 If and when you select a username or similar identifier for your account or profile page, we reserve the right to remove or reclaim it if we believe it is appropriate to do so, such as when a trademark owner or another user complains about a username that does not closely relate to a user's actual name.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. We will notify you about any change in your password on your e-mail address registered with us. We strongly urge you not to share your password with anyone and we will not be liable for any loss or damage arising from your failure to comply with the above.
5. Sharing your Content and Information
Some of our Services allow or require you to upload, submit, store, send or receive content. It is important for you to understand the kind of content and information attributable to you and how it is shared with other users of the DoxBay service and general visitors of DoxBay (non-members). This section details how each of the above type of content is shared. As a general rule, you retain ownership of any intellectual property rights that you hold in any content that you upload. In short, what belongs to you stays yours.
Your content may be broadly classified into six categories. Sub-sections 5.1 to 5.6 below explain how your content from each category is shared. Sub-sections 5.7 onwards mention other important conditions regarding your content.
5.1 “Your profile information”: Information related to your profile such as Name, Specialty, Subspecialty, Qualification details, Experience, profile picture etc. Your full profile information is always fully visible to your connections. For non-connections and non-DoxBay users (general visitors), you have the option to choose between sharing your full profile information or brief profile information. The option can be found in your account privacy settings. Also please note that at all times, premium members may be able to see your full profile information excluding your contact details (phone no and email)
5.2 “Your contact Information”: Your personal contact information includes your mobile number and e-mail address. We treat your contact information as highly confidential and you have the option to choose between sharing it or not sharing it with your Connections. Your contact information is not visible to non-connections and non-members. Your contact information will be shared with the organisation, when you apply for or show interest in a job, course, fellowship or conference posted by that organization. Besides the above mentioned situations, your contact information will never be shared with any other user, company or third-party without your express consent.
5.3 “Your profile updates”: Information arising out of significant changes in your profile even though you have not yourself posted such information, such as change in specialty, degree, location, organisation, current role etc. Your significant profile updates will be shared with your connections only.
5.4 “Your posts”: Information you post on the DoxBay network, such as articles, updates, links, photos, videos etc. including your likes, comments and shares on or of other members’ posts. Your posts are visible to your connections and followers. Please note that any member on DoxBay.com can follow any other member and as such, theoretically and potentially, your posts are visible to any member on DoxBay.com. Your posts are not visible to general visitors i.e. non-members.
You are requested to add only people you know as a Connection. We reiterate that DoxBay is an open public network and DoxBay does not verify users at the time of registration and does not take responsibility and is not liable for any data loss or breach of privacy resulting out of display of “Your profile information”, “Your Contact information”, “Your profile updates” or “Your posts” to members who you have added or accepted as Connections.
5.5 “Your messages”: Information contained in your private messages sent to or received from other users using the DoxBay messaging system. Your messages are private communications and only visible to you and to the recipients/sender of the message.
5.7 For content that is covered by intellectual property rights (IP content), like photos and videos, you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with DoxBay (IP License). This IP License ends when you delete your IP content or your account, unless your content has been shared with others and they have not deleted it.
5.8 When you delete your IP content, it immediately becomes invisible to any user on the system, unless the same has been shared by any other user and that user has not deleted it. However, removed content may persist in backup copies for a reasonable period of time (but will not be available to other users or to any third parties).
5.9 We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of DoxBay, its users and the public.
6. Member authenticity
6.1 DoxBay is a public network open to all medical professionals and providers (companies, institutions and organisations in the healthcare sector). Members are not authenticated by the company. Fake profiles or members may inadvertently be able to set up their accounts.
6.2 You are advised to make sure of the credentials of the professional or provider on the other side before entering into any contract or transaction or sharing any information.
7. Authenticity and correctness of information
7.1 DoxBay does not vouch for the authenticity of the registered members or correctness of the information provided by them pertaining to their qualifications, experience, achievements and contact details and availability.
7.2 DoxBay also does not take responsibility for the correctness of the information posted by various users of DoxBay – professionals or companies.
7.3 You are requested to verify the source and credibility of information provided prior to making any decisions.
7.4 DoxBay will not be liable for any damages arising out of the use or misuse of any information posted or available on the network.
8. Patient confidentiality
8.1 You are responsible for the confidentiality of the patients whose details are posted by you; you should take utmost care to ensure that no identifying features are present in any post, image or attachment or if you do so, you have the express written consent of the patient allowing you to do so.
8.2 You are also responsible to report any post or attachment that compromises the confidentiality of the patient unless the member posting such information has obtained express written consent from the patient.
8.3 DoxBay is not liable for any litigation arising out of any post posted by any member.
9. Rights and Limitations of User
Pursuant to your accepting the terms and conditions set forth in this agreement, we grant you a limited right to use DoxBay. You will only access and use DoxBay in the way this agreement allows you to.
9.1 On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable license and right to access the Services, through a generally available web browser, mobile device or DoxBay authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of DoxBay or its Members), to view content and information and otherwise use the Services, to the extent intended and permitted by the functionality thereof, other Members’ settings and your degree of connection with them, in accordance with this Agreement. Any other use of DoxBay contrary to our mission and purpose is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in DoxBay and all related items, including any and all copies made of the DoxBay websites.
9.2 Except as specifically provided in Section 9.1, you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing, or using any portion of the data available on DoxBay. Without limiting the preceding sentence, you shall not download or print entire personal information of any other user.
9.3 You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from DoxBay nor use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site, mobile application or the Content without DoxBay’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for unauthorized commercial, non-profit or public purposes all or any portion of this Web Site or associated mobile applications, except to the extent permitted above. Any unauthorised use of this Web Site, associated mobile applications or its Content is prohibited.
10. Deleting posts and suspending users
10.1 DoxBay reserves the right to delete certain or all posts posted by users if there has been a complaint by any other user or if DoxBay team takes notice of the post as being objectionable; a post may be considered objectionable if it breaches patient confidentiality or gives away patient’s identity, if the post hurts religious or any other sentiments, if it is considered as spam or for any other reason stated by the complainant user or DoxBay team.
10.3 DoxBay may reactivate a suspended user’s account on being satisfactorily convinced that the user was not guilty or made a genuine mistake or is apologetic and undertakes to not indulge in similar activities in the future.
10.4 DoxBay also reserves the right to suspend any user if he/she is found utilizing a false identity for an account or handling the account for an organization without requisite authorization.
11. Intellectual Property Rights Policy
Our Services include the copyrights and Intellectual property rights of DoxBay except for the limited license granted to use to user in Para 9 of this agreement.
11.2 We respond to notices (emails with regards to potential infringements at the email address: support@DoxBay.com) of alleged copyright, trademark infringement and terminate accounts of repeat infringers according to the process set out in the Indian Copyright Act of 1957 and Trade Mark Act, 1999 and as per their rules and regulations.
11.3 If user believes that his/her Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. The user may contact us on the contact information provide on our website.
12. DoxBay Applications
This Agreement applies to DoxBay mobile site and native applications as well. DoxBay may offer the Services through applications built using DoxBay’s platform (“DoxBay Applications”). If you use a DoxBay Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing DoxBay plugins that load in your browser may be communicated to us. Further, by importing any of your DoxBay data through the DoxBay Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile number or account, you must promptly update your DoxBay account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing DoxBay through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
13. Third Party Content
Third parties may offer their own products and services through DoxBay, and we are not responsible for these third-party activities.
14. Limitation of Liability
14.1 DoxBay shall not be liable for any loss, injury, claim, liability or damage of any kind resulting from the unavailability of the content, interruption of the services provided hereunder, or arising out of or in connection with use of the user account.
14.2 While we maintain regular backup schedules and deploy industry-standard safeguards, you should maintain backup copies of important data, images, and attachments etc. that belong to you. DoxBay does not take liability for direct or indirect loss of any data from the service. Also, DoxBay reserves the right to suspend a user or delete any user’s post at any time.
14.3 The Services may contain links to third-party websites or resources. You acknowledge and agree that the DoxBay affiliates are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by DoxBay of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
14.4 Neither DoxBay nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“DoxBay Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that user paid for a Premium Service, if any, or INR 1000, whichever amount is lower. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE DOXBAY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
15. No identity Verification
We do not undertake any liability what so ever with regard to the identity of the person including his qualifications and his background etc. It is completely the duty of the person dealing with any persons or entities on DoxBay to verify and then get involved in any kind of activity.
If and when you decide to opt for a service that we offer for a fee, either on a one-time or subscription basis, you give DoxBay consent to storing your payment information. You also agree to pay the applicable fees (including, but not limited to, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices because of exchange rates. DoxBay does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend the said service (eg. Premium Service etc.) by going to your “Account Settings. Please note that DoxBay does not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that DoxBay’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service. If and when you do make a payment and need access to an invoice of the same, please go to Account Settings.
17. Modifying and Changing our Services
17.1 We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
17.2 You can stop using our Services at any time, although we’ll be sorry to see you discontinue our Services. DoxBay may also stop providing Services to you, or add or create new limits to our Services at any time.
17.3 We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you a reasonable advance notice and a chance to get information out of that Service.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DOXBAY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO:
- ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS,
- ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM,
- THE UNAVAILABILITY OF THIS WEB SITE OR ANY PORTION THEREOF,
- USER’S USE OF THIS WEB SITE, OR
- USER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE.
19. General Terms
19.1 Waiver and Severability:
The failure of DoxBay to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
19.2 Serving notice:
You agree that DoxBay may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or through the System.
19.3 No waiver of rights in case of non-enforcement of any provisions:
You agree that if DoxBay does not exercise or enforce any legal right or remedy which is contained in the Terms (or which DoxBay has the benefit of under any applicable law), this will not be taken to be a formal waiver of DoxBay’s rights and that those rights or remedies will still be available to DoxBay.
19.4 In case any provisions are deemed invalid:
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
19.5 Grievance Officer:
ANY GRIEVANCE OR COMPLAINT OR DISPUTES INCLUDING THE INFRINGEMENT OF COPYRIGHT OR TRADEMARK OR ANY OF YOUR INTELLECTUAL PROPERTY RIGHTS MAY BE ADDRESSED TO GRIEVANCE OFFICER IN WRITING. You may find further details in the Copyright Policy. In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Vivek Boche, Grievance Officer,
9, G Floor, Krishna Niwas,
R A Kidwai Marg, Wadala West,
Mumbai, India- 400 031
Phone: +91 (070) 30753300 | Timings: Mon-Fri, 09:00-18:00 Email: firstname.lastname@example.org
19.6 Dispute redressal and Arbitration:
19.6.1 In the event of any dispute, difference or question arising out of or in respect of this agreement or the commission of any breach of any terms thereof or of compensation payable thereof or in any manner whatsoever in connection with it, the same shall be referred to sole arbitrator appointed or such other person mutually acceptable to both the parties, for arbitration and the decision or award so given shall be binding on the parties hereto. Arbitration would be governed by the laws of India.
19.6.2 The laws of Maharashtra and India will govern the dispute, as well as any claim that might arise between user and DoxBay, without regard to conflict of law provisions.
19.6.3 If anyone brings a claim against us related to your actions, content or information on DoxBay, you must indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on DoxBay and are not responsible for the content or information users transmit or share on DoxBay. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on DoxBay. We are not responsible for the conduct, whether online or offline, or any user of DoxBay.
19.7 Application of the Agreement:
These terms of agreement, are the entire and exclusive agreement between DoxBay and you regarding the Services (excluding any services for which you have a separate agreement with DoxBay that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between DoxBay and you regarding the Services. Terms of this agreement shall be governed by and interpreted and construed in accordance with the laws of India.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY IT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN.
BY CLICKING ON THE AGREE BUTTON AND/OR CONTINUING TO INSTALL OR USE DOXBAY, YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS AS AMENDED FROM TIME TO TIME.
We hope you enjoy using our services and are always happy to hear from you.
Doxbay’s Designated Agent for notice of claims of copyright infringement can be reached as follows:
SONIGARA PARK AT LAXMITARA, DANGE CH.1BLD.A SHOP-48 U, PUNE Pune MH 411033 IN
# “Malad MA Connect”, “Maharashtra IRIA Connect” do not have any resemblance with any government or non-government organization. Application is developed and maintained by Doxbay only and providing its user to access the features of the app.
**If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.