Welcome to Dofody (hereinafter referred as “Dofody” or “we” or “us”), owned and operated by DOFODY SOLUTIONS PRIVATE LIMITED with its office located at 38/1061 A, Chippy, Edakkad, Kozhikode, Kerala , 673005. Dofody is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the /"Terms"). Your use of Dofody constitutes your agreement to all such Terms.

Dofody provides an online hosting, consulting and facilitating platform through which patients (hereinafter referred to as “Patients”) can find and compare the prospective doctors and health care providers (hereinafter referred as “Doctors”) in the respective area and avail various other health care related services provided by the Dofody which shall include consulting the Doctors, booking appointment through Dofody, uploading their medical reports, health records, and discharge reports thereto.

Patients may through Dofody by book appointments for consultations with the Doctor which shall include Video Consultation, audio consultation and consultation through chat. Consultation services offered by the Dofody can be availed by the Patient by subscribing the services offered by the Dofody by paying the adequate fee thereto.

Patients and Doctors shall collectively be referred as “User”, “You” or “Your”.

You Understand And Agree That We Shall Have No Liability With Respect To The Authenticity Of The Services Including The Healthcare And Consultation Being Provided By The Doctor Through Dofody. You Understand And Agree That Any Interactions And Associated Issues, Commercial And Contractual Interactions With Doctors On The Dofody Including But Not Limited To The Medical Outcomes And Service Issues, Is Strictly Between Patient And The Doctors. You Shall Not Hold Us Responsible For Any Such Interactions And Associated Issues. We Are Not Involved In Providing Of Healthcare Or Medical Advice Or Diagnosis Provided By The Doctor To The Patient And Hence We Are Not Responsible For Any Outcome Between You And The Doctor You Interact With.

By using Dofody, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"). These Terms govern your access to and use of Dofody and Services and all Collective Content, and constitute a binding legal agreement between you and us.

Please read carefully these Terms and our Privacy Policy, which may be found at _www.dofody.com/privacy (link to privacy policy), and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using Dofody. Failure to use Dofody in accordance with these Terms may subject you to civil and criminal penalties.

All products/services and information displayed on Dofody constitutes an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. The use of Dofody constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the "Terms"). We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the "Terms of Use" link that appears at the bottom of the page.

Dofody reserves the right to recover the cost of services, collection charges and lawyer’s fees from persons using the Dofody fraudulently. Dofody reserves the right to initiate legal proceedings against such persons for fraudulent use of Dofody and any other unlawful acts or omissions in breach of these terms and conditions.

PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

IN USING DOFODY YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE DOFODY ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING DOFODY, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.

1. DEFINITIONS AND INTERPRETATION:


1. "Agreement" means the terms and conditions as detailed herein including all Exhibits, privacy policy, other policies mentioned on Dofody and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.

2. “Dofody” means the online hosting and facilitating platform via which patients can compare prospective health care providers and doctors in the particular area and doctors after creation of profile list themselves on the Dofody to avail the services provided by it.

3. “User” shall include Patients and the Doctors thereto;

4. “Patient” shall mean individuals who wish to create an account on Dofody to avail the services offered by the Dofody for themselves or their family members which shall include booking an appointment through Dofody, uploading documents which shall include medical reports, discharge history etc.

5. "Doctor” shall include medical practitioner or health care provider who are eligible to become a registered user of Dofody and create a profile on Dofody by completing the registration procedure and availing the services offered by Dofody.

6. “Account” means the accounts created by the Users on Dofody in order to use the services provided by us. Once the User creates an account on Dofody then the patient will become registered user of Dofody.

7. The official language of these terms shall be English.

8. “Content” means text, graphics, images, music, audio, video, information or other materials.

9. “User content” means all Content, including but not limited to feedback, comments etc. that a user posts, uploads, publishes, submits or transmits to be made available through our application.

10. “Dofody content” means all content that Dofody makes available through Dofody or Services, including any Content licensed from a third party, but excluding user Content.

11. The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.

2. ELIGIBILITY OF MEMBERSHIP:


2.1. Use of services of Dofody is available only to persons who can form legally binding contracts under applicable law. If you are a minor i.e. under the age of 18 years, you may use Dofody only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below that of 18 years, your parents or legal guardians can transact on behalf of you if they are registered users.

2.2. Dofody reserves the right to terminate your membership and refuse to provide you with access to Dofody if we discover that you are under the age of 18 years of age. Dofody is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.

2.3. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Dofody you agree to be bound by the Terms and Conditions.

3. REGISTRATION:


3.1 REGISTRATION PROCESS OF THE PATIENT

3.1.1 In order to avail our services patient shall be required to create an account with us in order to become a registered user.

3.2.2 In order to create an account and register with us patient shall provide certain personal information such as name, contact number, email address, as shall be required by us.

3.2 REGISTRATION PROCESS OF THE DOCTOR

3.2.1 In order to avail our services doctors shall be required to create an account with us in order to become a registered user.

3.2.2 In order to create an account Doctor shall provide us with their personal information such as their degree, registration certificates, bank account details and photo id at the time of registration.

3.2.3 Doctors who hold a valid degree from a Government Recognised University in India or Abroad and are registered in a medical council of any state in India shall be eligible to become register User of Dofody.

3.2.4 A qualified Doctor specialising in the field of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy shall be eligible to become registered User of Dofody.

3.2.5 The Doctor shall become the registered User of Dofody once the document uploaded by the Doctor has been verified by Dofody.

3.3 User represents and warrants that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Dofody cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your Dofody account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.

3.4 You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.

3.5 When creating an Account, don’t:

a) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;

b) Use a username that is the name of another person with the intent to impersonate that person;

c) Use a username that is subject to rights of another person without appropriate authorization; or

d) Use a username that is offensive, vulgar or obscene or otherwise in bad taste.

3.6 We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at _help@dofody.com

3.7 You may not transfer or sell your dofody account and to another party.

3.8 Our Services are not available to temporarily or indefinitely suspended members. Dofody reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Dofody reserves the right to refuse service to anyone, for any reason, at any time.

3.9 One individual can own only one account in his/her name.

3.10 You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Dofody’s policies as stated in the Agreement and Dofody policy documents published on Dofody as well as all other operating rules, policies and procedures that may be published from time to time on Dofody by Company.

4. SERVICES:


4.1. Dofody is an online healthcare marketplace which connects Doctors with patients wanting consultations.

4.2. Dofody allows Doctors to list their profiles and contact details, which will be made available to the patients on Dofody.

4.3. Dofody allows patients to search for Doctors by name, specialty, and geographical area, or any other criteria that may be developed and made available by us and to make appointments with Doctors.

4.4. The listings of Doctors do not represent any fixed objective ranking or endorsement by us. We will not be liable for any change in the relevance of the Doctor on search results, which may take place from time to time. The listing of Doctors will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Dofody in no event will be held responsible for the accuracy and the relevancy of the listing order of the Doctors on Dofody.

4.5. Dofody facilitates Patients to upload medical records which includes but is not limited to prescriptions of previous consultations, lab reports, discharge summary, scan and other diagnostic reports of patient and other family members without charging any fee thereto.

4.6. Patient can add unlimited family members including members who are below the age of eighteen (18) years to their Account with the consent of the respective family members and guardians in case the family member is below eighteen (18) years of age.

4.7. We provide consulting services to Companies who have their registered office in India wherein the Company shall create account on the Dofody and we shall provide online consultation services to its employees.

4.8. Dofody provides consultation services to patients who are residents of India.

4.9. You understand and agree that we shall have no liability with respect to the authenticity of the services being provided by the Doctor through Dofody.

4.10. You understand and agree that any interactions and associated issues, commercial and contractual interactions with doctors on Dofody including but not limited to the medical outcomes and service issues, is strictly between patient and the doctors. You shall not hold us responsible for any such interactions and associated issues. We are not involved in providing of healthcare or medical advice or diagnosis provided by the Doctor to the patient and hence we are not responsible for any outcome between you and the doctor you interact with.

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


5.1. Please note that some of the content, text, data, graphics, images, information, suggestions, consultation, guidance, and other material (collectively, “Information”) that may be available through Dofody (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Dofody and you and Dofody makes no guarantees, representations or warranties, whether expressed or implied, with respect to quality of work, expertise or other information provided on Dofody. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

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

6. SUBSCRIPTION PLANS AND PAYMENTS:


6.1. The registration process for the Users is free of Cost. Dofody may at its sole discretion without notice change its policies and may charge respective fee from the User at any time

6.2. Patients may book the appointments with the Doctors by paying the consultation fee of the Doctor. Dofody does not charge any fee from the Patient to enable the Patient to book an appointment through Dofody.

6.3. The Consultation Fee of the Doctor paid by the Patient shall be paid to Dofody.

6.4. Dofody shall after deducting its commission forward the remaining amount to the Doctor regularly after a period of 30 days.

6.5. When Companies create account on Dofody to enable Dofody to provide consultation services to their employees, all the fee for the services provided by Dofody to the employee shall be paid by the Company thereto.

6.6. Dofody offers Subscription Plan for its Users which shall include both Patients and Companies who create their account on Dofody to avail the services offered by Dofody for themselves, their family members and their Employees.

6.7. Subscription Fee paid for availing the Subscription Plan shall vary depending upon the type of consultation chosen by the Patient which shall include but not be limited to Video consultation, audio consultation or consultation through chat and the fee charged by the Doctor chosen by the Patient.

6.8. The Validity period of Service Fee paid by the Patient shall vary depending upon the type of consultation chosen by the Patient.

6.9. The validity period of the Subscription plans for the patients shall be for month or an year depending upon the plan chosen by the Patient.

6.10. The validity period of the Subscription plans for the Company shall be for an year.

6.11. Subscription plans shall be renewed automatically, unless otherwise specified or requested by Patient.

6.12. The said payment shall be made via credit card informations submitted by the patients at the time of first transaction.

6.13. If you make a payment by debit or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the purchase price.

6.14. Dofody uses third party payment providers to receive payments and we shall are not be responsible for delays or erroneous transaction execution or cancellation due to payment issues. We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.

6.15. Our pricing structure/subscription plans or payment methods may be amended from time to time in our sole discretion.

7. REFUNDS ND CANCELLATION:


7.1. The patient may seek refunds of the fee paid by the Patient to Dofody for availing the services offered by Dofody. The refund request shall be processed in accordance with the Refund and Cancellation Policy of the Company.

7.2. The refund and Cancellation Policy may be changed at any time without notice at the sole discretion of the Company.

7.3. If patient wishes to refund the fee paid by the patient after consulting with the Doctor, the refund request may be processed by Dofody within a period of seven (7) only after discussing the same with the concerned Doctor.

7.4. If patient wishes to refund the fee paid by the patient before consulting with the Doctor, the refund request will be processed by Dofody within a period of four (4) working days.

8. ACKNOWLEDGEMENT BY USERS:


8.1. Users understand and agree that the Dofody is an online introductory platform only. Dofody’s responsibilities are limited to facilitating the availability of the Site and Services.

8.2. Users understand and agree that Dofody:

a. does not employ, recommend or endorse any Doctor and has no control over the acts or omissions of any Users;

b. is not responsible or liable in any manner for the performance or conduct of any Users or other third parties online or offline;

c. makes no representations or warranties about the quality of the services provided by any Doctor or about your interactions or dealings with other Users.

8.3. By using the Service, you acknowledge and agree that you are solely responsible for your use of the Service and the connections you make and that ALL USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.

9. REPRESENTATIONS AND WARRANTIES BY DOCTORS:


9.1. The Doctor shall reply to the patient after receiving patient’s communication. In case of noncompliance with regard to reverting, Dofody has the right to show other available Doctors to the patient or remove Doctor from our site.

9.2. Doctor understands and agrees that Dofody shall at its sole discretion, at any time be entitled to, show other Doctors available for consultation.

9.3. Doctor further understands that, there is a responsibility on the Doctor to treat the patients on this model, as the Doctor would have otherwise treated the patient on a physical one-onone consultation model.

9.4. The Doctor has the discretion to cancel any consultation at any point in time in cases where the Doctor feels, it is beyond his/her expertise or his/her capacity to treat the patient. In such cases, patient has the option of choosing other Doctors.

9.5. The Doctor shall at all times ensure that all the applicable laws that govern the Doctor shall be followed and utmost care shall be taken in terms of the consultation being rendered.

9.6. The Doctor acknowledges that should Dofody find the Doctor to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then Dofody shall be entitled to cancel the consultation with such patient or take such other legal action as may be required.

9.7. It is further understood by the Doctor that the information that is disclosed by the patient at the time of consultation, shall be confidential in nature and subject to patient and Doctor privilege.

10. REPRESENTATIONS AND WARRANTIES OF PATIENTS:

10.1. The patients understand that Dofody is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation.

10.2. In case of any negligence on the part of the patient in acting in the manner as prescribed by the Doctor due to which condition of the patient deteriorates, Dofody shall not be held liable.

10.3. Patient understands and agrees that any interactions and associated issues with the Doctor including but not limited to the Patient’s health issues and/or the Patient’s experiences is strictly between the patient and the Doctor. The patient shall not hold us responsible for any such interactions and associated issues.

10.4. As a patient, you understand that Dofody is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible for any outcome from the consultation between the patient and the Doctor.

10.5. If Patient decides to engage with a Doctor to procure medical services to the Patient, Patient shall do so at their own risk. Dofody shall not be responsible for any breach of service or service deficiency by any Doctor.

11. MODIFICATION OF TERMS & CONDITIONS OF SERVICES:


We may at any time modify the Terms & Conditions of Use of Dofody without any prior notification to you. You can access the latest version of the User Agreement at any given time on Dofody. You should regularly review the Terms & Conditions of Dofody. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of Dofody.

12. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS:


12.1. The contents listed on Dofody are (i) User generated content, or (ii) belong to us. The information that is collected by us directly or indirectly from the patients and the Doctors shall belong to us. Copying of the copyrighted content published by us on Dofody for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Dofody reserves its rights under applicable law accordingly.

12.2. The contents of Dofody, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Dofody (collectively, " Dofody Content"), are the property of Dofody and are protected under copyright, trademark and other laws. User shall not modify our Content or reproduce, display, publicly perform, distribute, or otherwise use our Content in any way for any public or commercial purpose or for personal gain.

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

13. PROHIBITED USE:


13.1. You agree to use the Service in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Service that Dofody, in its sole discretion, finds inappropriate or offensive or contrary to these Terms of Use may result in suspension or termination of your usage/account with or without notice. Dofody reserves the right to suspend or terminate your account with or without notice at any time in its sole discretion, for any reason or no reason. In the event of any suspension or termination, you agree to make no further use of the Service after termination or during suspension.

13.2. You understand and agree not to, and not to permit or encourage anyone else to, do any of the following in connection with the Service:

a. Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;

b. Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;

c. Use the Service or engage with other Users for any purpose that is in violation of local, state, national, or international law, rule or regulation, including without limitation wage and hour and working condition laws and regulations;

d. Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;

e. Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;

f. Take any action that would undermine any aspect of the Service or use the Service in any manner that could interfere with, disrupt, or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;

g. Attempt to gain unauthorized access to the Service, other User accounts, or other device, computer system or networks connected to the Service;

h. Harvest or otherwise collect information about Users without their consent;

i. Advertise or offer to sell any goods or services for any commercial purpose (except as expressly set forth herein) on the Service that are not appropriate or relevant to the Service;

j. Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Service, except where sponsored or created by Dofody;

k. Impersonate another person or allow any other person or entity to use your user name, password or membership;

l. Post the same content repeatedly or spam - spamming is strictly prohibited;

m. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Service;

n. Access, download, or copy any information, content and/or materials from the Service through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);

o. Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Service; and/or

p. Restrict or inhibit any other User from using and enjoying the Service.

13.3. Dofody reserves all of its rights including without limitation its right to remove anything objectionable to Dofody in its sole discretion. You may report any alleged improprieties by any User to us by email at help@dofody.com or write to us at the official address mentioned earlier. However, enforcement of these Terms of Use is solely at our discretion, and failure to enforce in some instances does not constitute a waiver of our right to enforce in other instances. In addition, these Terms of Use do not create any private right of action on the part of any User or third party or any reasonable expectation that the Service will not contain any content or conduct that is prohibited by such Terms of Use.

14. USER SUBMISSION, REVIEWS, FEEDBACK:


14.1. Dofody acts as a passive conduit for User Content, and Users, not Dofody, are solely responsible for the User Content they post, submit or transmit through the Service. User Content, including without limitation in connection with registration and Users' accounts, are self-reported and you understand and agree that Dofody does not independently verify that any or all of the User Content is accurate, appropriate, timely or complete.

14.2. You understand and agree that you make your own decisions and assessments about User Content and about persons to engage or engagements to accept. Dofody hereby expressly disclaims, and you hereby expressly release Dofody from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss and/or damages, arising from and/or in any way related to any User Content, including without limitation to any acts of or reliance upon other Users with respect to such User Content and/or any comments made by User about others.

14.3. You represent and warrant that you are the owner or licensee or otherwise have the right to post or submit such User Content, and you grant Dofody an irrevocable, perpetual, nonexclusive, fully paid, worldwide, sub licensable license to use, copy, perform, display, reproduce, adapt, modify, prepare derivative of, and distribute such User Content and to incorporate such User Content into other works.

14.4. You agree that you are solely responsible for any User Content you post or submit, and you represent and warrant that any User Content:

a. shall not be inaccurate, untimely, incomplete, fraudulent or misleading, including without limitation in connection with registration, your profile and/or use of the Service;

b. shall not infringe any third party's rights, including without limitation copyright, patent, trademark, trade secret or other propriety right or rights of publicity or privacy;

c. shall not violate any law, statute, ordinance, rule or regulation, including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination, false advertising or the provision of child care, elder care or health care;

d. shall not be defamatory, libelous, threatening, harassing, abusive, or inflammatory;

e. shall not be obscene, indecent, suggestive, violent, offensive or contain pornography or be harmful to minors;

f. shall not contain any viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network; and

g. shall not create liability for Dofody or cause Dofody to lose (in whole or in part) the services of Dofody’s ISPs or other partners or suppliers. Dofody may, but is not obligated to, review or delete any User Content that, in our sole discretion, violates these Terms of Use.

14.5. Although Dofody has no obligation to screen, edit or monitor User Content, Dofody reserves the right, and has absolute discretion, to remove, screen or edit User Content or suspend or terminate your account for any reason or for no reason, including if it believes that any User Content violates any of the foregoing rules. You agree to make no further use of the Service during suspension or after termination. Enforcement of the User Content rules set forth in these Terms of Use is solely at Dofody’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.

14.6. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.

14.7. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

14.8. Dofody does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

14.9. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Dofody or otherwise disclosed, submitted or offered in connection with your use of Dofody (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.

14.10. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to Dofody will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to Dofody will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

14.11. Dofody does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to Dofody. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

15. INTELLECTUAL PROPERTY RIGHTS:


15.1. Dofody, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on Dofody. Access to services offered by Dofody does not confer and shall not be considered as conferring upon anyone any license under Dofody or any third party's intellectual property rights. All rights, including copyright, in Dofody are owned by or licensed to us or third party suppliers. Any use of Dofody or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Dofody. You cannot modify, distribute or re-post anything which is a property/material owned by Dofody for any purpose.

15.2. Dofody names and logos and all related product and service and our slogans are the trademarks or service marks of Dofody. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Dofody. Access to Dofody does not authorize anyone to use any name, logo or mark in any manner.

15.3. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of Dofody (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on Dofody for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, or any related software. All software used on Dofody is the property of our Dofody or its suppliers and protected by laws of India. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on Dofody is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our Dofody, one of its affiliates or by third parties who have licensed their materials to us and are protected by the laws of India. The compilation (meaning the collection, arrangement, and assembly) of all Contents on Dofody is the exclusive property of Dofody and is also protected by the laws of India.

15.4. If you learn of any unlawful material or activity on Dofody, or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your 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 that You are authorized to act on behalf of the copyright owner.

15.5. Dofody has the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.

15.6. Notices regarding Dofody should be sent to: help@dodfody.com (email address of our copyright agent to whom copyright infringement complaints can be filed).

15.7. We take the protection of our copyright very seriously. Thus, if we discover that you have infringed any of our copyright, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you from using those materials. You could also be ordered to pay legal costs.

16. TERMINATION:


16.1. We may, at any time and without notice, suspend, cancel, or terminate your right to use services offered by Dofody. In the event of suspension, cancellation, or termination, you are no longer authorized to access the services of Dofody affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from Dofody and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.

16.2. Without limiting the foregoing, we may close, suspend or limit your access to services offered by Dofody:

a. if we determine that you have breached, or are acting in breach of, this Agreement;

b. if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;

c. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;

d. to manage any risk of loss to us, a User, or any other person; or

e. For other similar reasons.

16.3. If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.

16.4. If we close your Account due to your breach of this User Agreement, you may also become liable for fees in an amount as ascertained by Dofody.

16.5. In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

17. INDEMNIFICATION:


You agree to defend, indemnify and hold harmless Dofody, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Dofody or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the nonfulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

18. LIMITATION OF LIABILITY:


18.1. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES. WE SHALL ALSO NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE SERVICES OFFERED BY DOFODY; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING DOFODY, INCLUDING, BUT NOT LIMITED TO, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF MEMBERS AND OTHER USERS OR THIRD PARTIES; (D) ANY CONTENT OBTAINED FROM DOFODY; OR (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

18.2. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT ANY OF DOFODY ENTITIES HAS 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.

18.3. IF ANY OF THE ABOVE LIMITATIONS DOES NOT APPLY TO YOU BECAUSE YOU ARE USING THE SERVICES OFFERED BY DOFODY FROM A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE LIMITATIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW.

19. DISCLAIMER OF WARRANTIES:


19.1. ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH DOFODY ARE PROVIDED “WITH ALL FAULTS” AND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF DOFODY OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, DOFODY, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF DOFODY IS AT YOUR SOLE RISK.

19.2. We make no warranty that Dofody or Services will meet your requirements, or that Dofody and/or Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of Dofody or Services, or that defects in Dofody or Services will be corrected. You understand and agree that you will be solely responsible for any damage to your device or loss of data that results from the download of any material and/or Content. No advice or information, whether oral or written, obtained by you from us through Dofody, Services or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.

19.3. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience while using services offered by Dofody. This disclaimer constitutes an essential part of this terms of use. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

• Your use of or your inability to use Dofody, Services and tools;

• Delays or disruptions in Dofody’s Services, or tools;

• Viruses or other malicious software obtained by accessing Dofody, Services, or tools or any site, Services, or tool linked to Dofody, Services, or tools;

• Glitches, bugs, errors, or inaccuracies of any kind in Dofody, its Services, and tools or in the information and graphics obtained from them;

• The content, actions, or inactions of third parties, including items listed using Dofody, its services, or tools or the destruction of allegedly fake items;

• A suspension or other action taken with respect to your account; and

• The duration or manner in which, as a User, you upload, download, store and share file/ content.

19.4. Dofody periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur

19.5. You agree that we have no responsibility and is not liable for: (a) the unavailability of any of the Services provided by Dofody; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.

20. GOVERNING LAWS AND JURISDICTION:


20.1. This User Agreement shall be construed in accordance with the applicable laws of India regardless of your physical location.

20.2. The HighCourt at Cochin, Kerala, India have exclusive jurisdiction in any proceedings arising out of this agreement.

21. DISPUTE RESOLUTION:


21.1. DISPUTES WITH DOFODY:

a) Generally, transactions are conducted smoothly through Dofody. However there may be some cases where we and you may face issues. A 'Dispute' can be defined as a disagreement between you and us in connection with a transaction on the Dofody.

b) The venue for arbitration shall be Cochin, Kerala, India and the language used for arbitration shall be English.

c) The award of the arbitration shall be binding on both, you and us.

21.2 DISPUTES AMONGST USERS OR THIRD PARTIES:

a) In the event a dispute arises between/amongst users, we encourage you to first contact the party with whom you have a dispute in order to resolve the dispute amicably.

b) You may also report user-to-user disputes to your local law enforcement or a certified mediation or arbitration entity, as applicable.

c) You release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes amongst users/with one or more users, or an outside party.

d) Dofody shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Users.

22. DOFODY SECURITY:


You are prohibited from violating or attempting to violate the security of Dofody, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited messages, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of Dofody or any activity being conducted on Dofody. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Dofody other than the search engine and search agents available from us on Dofody and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

23. PRIVACY:


All Personal Information and User Generated Content provided by Dofody are subject to our Privacy Statement.

24. NOTICE:


24.1. By using Dofody and availing the services provided by Dodofy thereto, you accept that communication with us will be mainly electronic. We will contact you by messages or provide you with information by posting notices..

24.2. You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.

24.3. Notice will be deemed received and properly served immediately when posted by Dofody and Services, 24 hours after a message is sent. As proof of service, it is sufficient that the message was sent to the specified mobile number.

25. LEGAL COMPLIANCE:


25.1. In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.

25.2. You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the application are lawful. You must ensure that they comply with all applicable laws in your country.

26. LINKS TO OTHER WEBSITES:


Links to third party websites on Dofody are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked website. We have not reviewed these third party websites and do not control and is not responsible for any of these websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do this entirely at your own risks.

27. NO WAIVER IMPLIED:


The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

28. SEVERABILITY:


ach Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.

29. ASSIGNMENT:


29.1. You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.

29.2. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.

30. FORCE MAJEURE:


We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:

(a) acts of god;

(b) natural disasters;

(c) sabotage;

(d) accident;

(e) riot;

(f) shortage of supplies, equipment, and materials;

(g) strikes and lockouts;

(h) civil unrest;

(i) Computer hacking; or

(j) malicious damage

31. DIGITAL SIGNATURE:


31.1. By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.

31.2. In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the application, you give us permission to provide these records to you electronically instead of in paper form.

31.3. By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.

31.4. In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the application or by contacting Customer Support.

32. ENTIRE AGREEMENT:


These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.

These terms shall govern the rights and obligations of the Users of the website and the application associated with Dofody.

33. Advice of Counsel:


User acknowledges that :

You have read and reviewed the Terms of Use in entirety and had the opportunity to consult legal counsel in respect of their rights and duties under the Terms of Use.

You have read these Terms of Use and agree to all of the provisions contained above.

34. CONTACT US:


For any further clarification of our Terms and Conditions, please write to us at help@dofody.com .