Dr. Morepen Term & Conditions

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Dr. Morepen Home, hereinafter referred to as "we," "us," and "Dr. Morepen Home," is both the author and publisher of the online resource located at https://www.drmorepenhome.com/, along with its associated subdomains (collectively referred to as the "Websites"). These Websites form a part of the broader World Wide Web. In addition to the Websites, Dr. Morepen Home also offers a range of connected software and applications, which include but are not limited to the Dr. Morepen Sync mobile application (referred to as the "App"). Collectively, the Websites and the App are referred to as the "Services" or "Platform".

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NATURE AND APPLICABILITY OF TERM

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Please carefully review these terms and conditions ("Terms") and the privacy policy available on our Platform ("Privacy Policy") before you access the Website or App or avail yourself of the Services we provide. These Terms, along with the Privacy Policy, collectively constitute a legal agreement ("Agreement") between you and Dr. Morepen Home governing your visit to the Website and your use of the Services (as defined below).

This Agreement applies to you whether you are:

• A patient, their representative, attendant, relative, friend, or affiliate ("you" or "User"), or
• A user of the Website or App ("you" or "User").

This Agreement encompasses all services made available by Dr. Morepen Home on the Website or App. Please note that the Services may change from time to time at the sole discretion of Dr. Morepen Home. Consequently, the Agreement will apply to your visit to and use of the Website or App to avail of the Services, as well as to all information you provide on the Website, App or through any other medium at any given point in time.

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This Agreement delineates the terms and conditions under which you are permitted to use the Website and App and outlines how we will manage your account while you are registered as a member with us. Should you have any questions regarding any part of the Agreement, please feel free to contact us at hello@drmorepenhome.com.

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By downloading or accessing the App or Website to use the Services, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to comply with them fully. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing yourself of any Service, you signify your agreement and acceptance of this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any
reason and at any time. It is advisable to read the Agreement at regular intervals.

Your use of the App or Website following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. Any additional terms and conditions, disclaimers, privacy policies, and other policies applicable in general and/or to specific areas of this Website or to particular Services are also considered part of the Agreement.

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You acknowledge that you will be bound by this Agreement to avail yourself of 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 yourself of any Services. Your access to and use of the Website and the Services will be solely at the discretion of Dr. Morepen Home.

The Agreement is published in compliance with 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 thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPDI Rules"), the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules"), and The Digital Personal Data Protection Act, 2023 ("DPDPA"). [1, 2]

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CONDITIONS OF USE

To register, use the Services, or visit or use the Website in any manner, you must be 18 years of age or older. By registering, visiting, using the Website, or accepting this Agreement, you represent and warrant to Dr. Morepen Home that you meet this age requirement. You affirm that you possess the right, authority, and capacity to utilize the Website and the Services offered through it, and you agree to abide by the terms of this Agreement. If you are under 18, you may use the services only with the involvement and consent of a parent or legal guardian.

END-USER ACCOUNT AND DATA PRIVACY

The terms "personal data" and "sensitive personal data" are defined under the DPDPA and SPDI Rules and are detailed in the Privacy Policy. [1, 2] Dr. Morepen Home and its Partners, through the Services, may collect information related to the devices you use to access the Website, your location, and anonymous data on your usage patterns. This information will be utilized solely to enhance the quality of the services and develop new offerings. The Website and App enable Dr. Morepen Home and its Partners to access users' personal email addresses or phone numbers for communication and service delivery purposes.

3.1 Privacy Policy Overview

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The Privacy Policy specifies:

• The types of information collected from users, including sensitive personal data;
• The parties to whom Dr. Morepen Home may disclose such information;
• Additional information is mandated by the DPDPA and SPDI Rules. [1, 2]

3.2 User Awareness and Responsibilities

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Users are expected to read and understand the Privacy Policy to ensure they are aware of:

• The fact that certain information is being collected;
• The purpose for which the information is collected;
• The intended recipients of the information;
• The methods of collection and retention of the information;
• The various rights available to users concerning such information. [3]

Dr. Morepen Home and its Partners are not responsible for the authenticity or accuracy of the personal information or sensitive data provided by the user to Dr. Morepen Home or any entity acting on behalf of Dr. Morepen Home or its Partners.

3.3 Account Security

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Users are responsible for maintaining the confidentiality of their account access information and passwords if they are registered on the Website or App. Users are accountable for all activities conducted using their account and password, whether or not they authorize it. Users must immediately notify Dr. Morepen Home of any actual or suspected unauthorized use of their account or password. Although Dr. Morepen Home is not liable for losses incurred due to unauthorized use of your account, you may be liable for the losses of Dr. Morepen Home or others resulting from such unauthorized use.

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3.4 Accuracy of Provided Information

If a user provides information that is untrue, inaccurate, outdated, or incomplete (or becomes such), or if Dr. Morepen Home has reasonable grounds to suspect that the information is untrue, inaccurate, outdated, or incomplete, Dr. Morepen Home reserves the right to discontinue the Services to the user at its sole discretion.

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3.5 Contact Information Maintenance

Users are responsible for keeping their mobile number and email ID updated on the Website or App. All reminders and notifications will be sent to the account associated with the provided mobile number and/or email ID. Whenever users change any contact information (mobile or email), Dr. Morepen Home may send a confirmation. Dr. Morepen Home is not responsible for any loss or inconvenience caused by the user's failure to update their contact details.

3.6 Usage of Collected Information

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Dr. Morepen Home and its Partners may use information collected from users for purposes such as debugging customer support-related issues. Dr. Morepen Home may offer Services that allow users to communicate with Dr. Morepen Home, its authorized representatives, Medical Professionals, or similar stakeholders via online chat, text messages, video calls, or voice calls. Records of such communications may be recorded and stored on Dr. Morepen Home's or its Partners' servers and are managed in accordance with the Privacy Policy.

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3.7 Personal Health Record Facility (Dr. Morepen Sync App)

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Users may be provided with a personal health record facility via the Dr. Morepen Sync App to add, modify, delete, and manage their health-related records and information. [4, 5] Specific terms related to this facility are outlined below, in addition to the Terms and Privacy Policy:

• This facility is enabled or created for users only after they have signed up and explicitly accepted the Terms.
• Information in the Health Account can be either:
  • User-created: Information generated and uploaded by the user (e.g., logged notes).
  • Platform-created: Information generated by using a Service from Dr. Morepen Home, such as data synced from health monitoring devices (blood glucose, blood pressure, weight) or reports from consultations or diagnostic tests. [4, 5]
• Platform-created information is provided "as-is," with no representations made regarding its accuracy.
• Users are solely responsible for the accuracy, adequacy, and reliability of any User-created information they generate. Users indemnify and hold harmless Dr. Morepen Home and its Partners from any inaccuracies, errors, losses, or liabilities arising from User-created information.
• The personal health record facility is provided on a best-efforts, "as-is" basis. While Dr. Morepen Home strives for high service availability, it is not liable for any interruptions in accessing the Services.
• Dr. Morepen Home employs industry-standard security and encryption for personal health records. However, Dr. Morepen Home cannot guarantee the prevention of unauthorized access if login credentials are lost or compromised. Users must safeguard their login credentials and report any actual or suspected breaches to [grievance.officer@drmorepenhome.com].

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LISTING CONTENT AND DISSEMINATING INFORMATION

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Dr. Morepen Home is a technology platform that connects Users with independent, licensed third-party medical professionals, including but not limited to doctors, nurses, and phlebotomists ("Medical Professionals"), and diagnostic laboratory partners ("Lab Partners"). [6]

4.1 Service Provision and Warranty Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT DR. MOREPEN HOME IS NOT A HEALTHCARE PROVIDER, HOSPITAL, OR MEDICAL SERVICE PROVIDER. The Medical Professionals are independent contractors and are not employees or agents of Dr. Morepen Home. The company does not practice medicine or provide any medical services. Any medical advice, diagnosis, or treatment provided to you by a Medical Professional is solely their professional judgment. Dr. Morepen Home is not liable for any medical advice or services provided by a Medical Professional. The Platform acts as an "intermediary" as defined under the Information Technology Act, 2000.

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The Services offered by Dr. Morepen Home or any of its licensors or Partners are provided on an "as is" and "as available" basis without any warranties or conditions, whether express or implied.

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4.2 Third-Party Links

The Website or App may contain links to third-party websites, affiliates, and business partners. Dr. Morepen Home has no control over and is not responsible for the content, accuracy, validity, reliability, or quality of such websites. The inclusion of any link on the Website or App does not imply endorsement by Dr. Morepen Home. Users access and use these links and services at their own risk.

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4.3 Limitation of Liability

Dr. Morepen Home and its Partners assume no responsibility and shall not be liable for any damages to or viruses that may infect a user’s equipment due to accessing, using, or browsing the Website or App or downloading any material, data, text, images, video content, or audio content from the Website or App. If a user is dissatisfied with the Website or App, their sole remedy is to discontinue using the Website or App

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BOOKING APPOINTMENTS, DIAGNOSTIC TESTS, AND INTERACTING WITH MEDICAL SERVICE PROVIDERS

5.1 Dr. Morepen Home endeavors to secure confirmed appointments with medical service providers for users who request appointments through the Website or App. However, Dr. Morepen Home and its Partners do not guarantee that a user will obtain a confirmed appointment. Additionally, Dr. Morepen Home and its Partners are not liable if an appointment, once confirmed, is later canceled, postponed, or rescheduled by the Medical Professional. They are also not liable if the medical service provider is unavailable at the appointed time.

5.2 You understand and agree that any interactions and associated issues with other Users or Medical Professionals, including but not limited to your health issues and your experiences, are strictly between you and them. You shall not hold Dr. Morepen Home or its Partners responsible for any such interactions and associated issues. The Services are not to provide any healthcare or medical advice or diagnosis, and hence Dr. Morepen Home and its Partners are not responsible for any medical orother outcomes between you and the medical service providers you interact with. If you decide to engage with a medical service provider, you do so at your own risk.

5.3 Without prejudice to the generality of the above, Dr. Morepen Home or its Partners will not be liable for:

• any wrong medication or treatment quality being given by the doctor(s), diagnostic service provider(s), or any medical negligence on the part of any of the above;
• any type of inconvenience suffered by the User due to a failure on the part of the medical service provider to make themselves available at the appointed time, inappropriate treatment, or similar difficulties;
• cancellation or rescheduling of booked appointments or any variance in the fees charged;
• any medical eventualities that might occur subsequent to using the services of a doctor or diagnostic lab services whom the User has selected on the basis of the information available on the Website or App.

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ONLINE PAYMENT ON WEBSITE AND APP

6.1 The Website and App provide users with the ability to make online payments for certain Services via a secure third-party payment gateway.

6.3 Cancellation and Refund Policy:

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Please refer to our Cancellation, Refund, and Rescheduling Policy for details on payments, cancellations, and refunds.

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CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

7.1 Ownership and Use of Content:

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The content on the Website is either user-generated or owned by Dr. Morepen Home and its Partners. Any information collected directly or indirectly from users belongs to Dr. Morepen Home and its Partners. Unauthorized copying of this copyrighted content for commercial purposes or profit will violate copyright laws, and Dr. Morepen Home and its Partners reserve the right to take legal action accordingly.

7.2 Permitted Access and Usage:

Dr. Morepen Home permits users to view and access content on the Website solely for personal, non-commercial use in accordance with the Agreement. The content on the Website, including information, text, graphics, images, logos, button icons, software code, design, and their arrangement is the property of Dr. Morepen Home or its Partners and is protected by copyright, trademark, and other laws.

REVIEWS AND FEEDBACK

By using this Website, you agree that any information you share with Dr. Morepen Home or any other user or medical service provider will be subject to our Privacy Policy. You are solely responsible for the content you choose to submit for publication on the Website, including feedback, ratings, or reviews ("Critical Content"). Dr. Morepen Home acts as an 'intermediary' under the Information Technology Act of 2000 regarding the publication of Critical Content and disclaims all responsibility for it.

RIGHTS AND OBLIGATIONS RELATING TO CONTENT

Users are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing any information that violates applicable laws, including the IG Rules. This includes information that is harmful, defamatory, obscene, infringes on patents or copyrights, contains viruses, or threatens the unity and integrity of India.

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INTELLECTUAL PROPERTY RIGHTS

The contents of the Website and App are protected under Indian intellectual property laws. The logos, service marks, and trademarks ("IP Marks") displayed are either owned by Dr. Morepen Home or its Partners or licensed to them. Users may only use this material as expressly authorized and must not copy, transmit, or create derivative works without explicit authorization.

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TERMINATION

Dr. Morepen Home reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice where:

• Such User breaches any terms and conditions of the Agreement;
• A third party reports a violation of any of its rights as a result of your use of the Services;
• Dr. Morepen Home has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity by such User.

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8. DISCLAIMER OF WARRANTIES

All information provided on the Website or App is given under the condition that Users independently verify its accuracy before relying on it. The information does not constitute an invitation or recommendation to seek medical services. All information on the Website is provided "as is" without any express or implied warranties.

LIMITATION OF LIABILITY

n no event shall Dr. Morepen Home or its Partners be liable for any direct, indirect, punitive, incidental, special, or consequential damages resulting from the use or inability to use the Services. The total aggregate liability of Dr. Morepen Home to any User for any and all claims arising from the use of the Services shall not exceed the amount paid by the User for the specific service giving rise to the claim, or one thousand Indian Rupees (₹1000), whichever is lower.

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INDEMNITY

The User agrees to indemnify and hold harmless Dr. Morepen Home, its affiliates, officers, directors, and employees from any and all claims, losses, liabilities, and damages arising from the User’s access to or use of the Services or violation of this Agreement.

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APPLICABLE LAW AND DISPUTE SETTLEMENT

Users may not post content that violates laws, contains viruses, or harms national unity or integrity.

CONTACT INFORMATION GRIEVANCE OFFICER

This Agreement and all contractual obligations between the Company and the User shall be governed by the laws of India. Any disputes arising out of or relating to this Agreement shall be exclusively subject to the jurisdiction of the courts in Gurgaon, Haryana, India.

• Email: hello@drmorepenhome.com
• Address: F-7, F/F, Right Side, Maharani Bagh, Sant Nagar (South Delhi), New Delhi, South Delhi – 110065, Delhi

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SEVERABILITY

If any provision of this Agreement is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed excluded from this Agreement. The remainder of the Agreement shall continue to be valid and enforceable.

WAIVER

No provision of this Agreement shall be waived, and no breach shall be excused unless such waiver or consent is provided in writing and signed by Dr. Morepen Home.

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