This agreement (“Terms of Service”) is drafted in terms of the Information Technology (Intermediaries Guidelines) Rules, 2011 prescribed under the Information Technology Act, 2000 to govern the terms and conditions of use and access to the WhiteCoats application (“WhiteCoats App / App”). This agreement does not require any physical or digital signature.

Our App is a digital platform helping various medical professionals such as doctors registered with Medical Council of India, dentists, physiotherapists etc. (“Medical Practitioners") to effectively communicate, collaborate and network using applications provided in various mobile and web platforms.

Our objective is to create a platform of choice for collaboration amongst the Medical Practitioners that enables them to be more effective and successful. Our Services (as defined hereinafter) are designed to improve the effectiveness for our members by enabling Medical Practitioners to connect, exchange ideas, learn, and find opportunities using a highly safe and secure network (“Service / Services”).

This is an agreement between M/s. Valuemomentum Software Services Private Limited, (“Company” or “we”) the owner and operator of App and you (“you” or “You”), a user of the Service. BY CLICKING “I AGREE”, ON THE APP AT THE TIME OF REGISTRATION YOU ACKNOWLEDGE AND AGREE TO THIS TERMS OF SERVICE AND PRIVACY POLICY WHICH CAN BE FOUND AT https://www.whitecoats.com/legal/privacy-policy AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.

It is your duty to periodically review this Terms of Service for applicable changes. Your use of this App even after posting changes to this Terms of Service by us constitutes your acceptance to those changes.

This Terms of Service apply to all users of the App. The Service may contain links to third party websites/app that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view upon, access through, or contribute to the service, privacy policies, or practices of any third party websites/app. Moreover, the Company does not have any authority to edit content which 2 belongs to any third party website/app. By using the Service, you expressly relieve the Company from any and all liability arising from your use of any third-party website/app.

In order to access the features of the App, you will have to create an account in the App (“Account”). You may never use someone else’s Account without permission. When creating your Account, you must provide accurate and complete information. Since you know that the App has been designed for the sole purpose of use by Medical Practitioners, it is important that you submit genuine documents regarding your qualifications as a Medical Practitioner.

You agree to the following by virtue of this Terms of Service:

To use the Services, you agree that: (1) you must be of “Minimum Age” (18 years or older); and (2) you will only have one Account which must be in your real name.

You are responsible for maintaining the confidentiality of your Account and password and for restricting others access to your mobile/tab/or any other device through which the App can be used and you agree to accept responsibility for all activities that occur under your Account or password.

You agree that we may communicate with you in the following ways: (1) a banner notice or a pop-up message on the Service, or (2) an email sent to the e-mail id provided by you, or (3) through other means of communication including texts and calls on your mobile number etc. You agree to keep your contact information up to date.

Please review your Opt-In/Opt-Out settings on the App to control and limit the nature of messages you receive from us.

Our App allows chatting and sharing of information in many ways, such as your profile, links to other content/article, case discussions, blogs etc. The content that you post or share is visible 3 to the other users of the App. However, you have the option to choose if certain information should be made visible to other users or not.

We are not obligated to publish any information or content on our App and can remove it at our sole discretion with or without notice.

You agree to the following by virtue of this Terms of Service:

Subject to your compliance with this Terms of Service, the Company hereby grants you permission to use the App, provided that:

You agree not to upload any bug or any software into the App that might cause any feature or any Service of the App to misbehave. You agree not to reverse engineer our system or commit any such act that might be inconsistent with the nature of the business of the Company. You agree not to spam, or solicit for commercial purposes, any users of the App. Solicitation of patients by Medical Practitioners through the App is also not allowed and by using the Services of the App you agree not to advertise until and unless it is allowed by the respective code of ethics applicable to you. You also agree to maintain the secrecy of your patients as per as the guidelines of Medical Council of India (“MCI”) and Dental Council of India (“DCI”) as applicable, and in terms of all other applicable laws / codes which you need to adhere to. An image masking tool is provided to you as a feature of the App that you can use before sharing any identifiable image or any other document related to the patient.

Subject to applicable laws, we may modify, defer or stop any Service of the App, or may start charging a fee prospectively, at our discretion, after giving a prior notice to you in this regard. 4 WhiteCoats is not a storage service. You understand that we are not responsible for storing or maintaining any content or information provided by you or other users of the Service, except to comply with the applicable laws and as set out in our Privacy Policy

The extent of use of the Services of the App, including your ability to connect with other Members, can be restricted by the Company.

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of any content:

The content that you post and the way you use them is your responsibility with following specific responsibilities:

Being the user of the App, you get the right to post content on the App. Once you have posted any content, you understand that it becomes public and is visible to all other users having access to the App and the Company is not responsible for maintaining confidentiality of the same.

You own the responsibility of your content, hence you agree that any consequences of posting such content on the App makes you liable and you affirm, represent, and warrant that you own or you have the necessary licenses, rights, consents, and permissions to publish such content.

By submitting your content on the App, you grant the Company and the other users of the App a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of display, publish, adapt, make available online or electronically transmit your content in any medium, as permitted under this Terms of Service. The license granted by you is perpetual and irrevocable.

You further understand that you are not allowed to post content that contain third party copyrighted material, or material that is subject to other third party proprietary rights. However, you can post content when you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material.

You further agree that you are not allowed to submit any content which is inconsistent with the essence of the principles as enumerated in the Community Guidelines, found at https://www.whitecoats.com/legal/community-guidelines, which may be updated from time to time, or contrary to applicable local and national laws and regulations. The Company does not encourage any copyright violations on the App and that the Company has the right to remove all content if properly notified according to the provisions of Copyright Act, 1957 and Copyright Rules, 2013. The Company reserves the right to remove content without prior notice.

According to the provisions of Indian Penal Code, Indecent Representation of Women (Prohibition) Act, 1986 (“IRWPA”) and Information Technology Act, 2000 posting content which is either obscene or which portrays women’s figure or form of any women’s body in an indecent way or which is defamatory in nature is illegal and is liable for punishment. You confirm that you understand the above stated rule and you will not post any such content. Further you also understand that if in case you post any such content then in no way the Company can be held responsible as it comes under the definition of “intermediary” according to the provisions of Information Technology Act, 2000. You understand that the Company won’t be responsible for such activity by you and you can be punished by the competent authority under the penal provisions of the above mentioned Acts.

In order to provide Services to you, the Company may use third-party software. If you try to separate the third party software from the App and then further use it any manner which is inconsistent with the manner as enumerated in the third party software’s terms of use, is illegal or against public policy then you will be liable for the same according to the governing law and jurisdiction as mentioned in their respective terms of use. You also agree to indemnify the Company to full extent for the said acts subject to the applicable laws

For us your privacy is a very important principle. We understand clearly that you and your personal information is one of our most important assets. We collect, use and store your personal information or any sensitive personal data or information (as defined under the Information Technology Act, 2000), on networks/database that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules thereunder. Our current Privacy Policy is available on https://www.whitecoats.com/legal/privacy-policy. If you object to your Information being transferred or used in this way please do not use the App.

The user has the right to delete his Account and to de-register himself from the App. Further, if the user is in violation with the terms & conditions of this Terms of Service, Privacy Policy or is found to be misusing the Services of the App, then the Company, may at any time, without any prior notice terminate a user’s access to the App. The Company also reserves the right to terminate the Account of any user at any time at its sole discretion.

The Company operates a clear copyright policy in relation to any content alleged to infringe the copyright of a third party.

The Company in accordance with the Rule 75 of the Copyright Rules, 2013 has drafted the following policy in order to remove the infringed content when reported:

WhiteCoats is a trademark of the WhiteCoats App. Most of the Services referenced on this App are trademarks of WhiteCoats App/ its parent / associate / affiliate / group companies. Other products/services and company names referred on the App are trademarks of their respective proprietors.

ALL THE CONTENTS OF THIS APP ARE ONLY FOR GENERAL INFORMATION OR USE. THEY DO NOT CONSTITUTE ADVICE AND SHOULD NOT BE RELIED UPON IN MAKING (OR REFRAINING FROM MAKING) ANY DECISION. ANY SPECIFIC ADVICE OR REPLIES TO QUERIES IN ANY PART OF THE APP IS/ARE THE PERSONAL OPINION OF SUCH MEDICAL PRACTITIONER. THE INFORMATION 8 FROM OR THROUGH THIS APP IS PROVIDED ON "AS IS" BASIS, AND ALL WARRANTIES, EXPRESSED OR IMPLIED OF ANY KIND INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED AND EXCLUDED. CERTAIN LINKS ON THE APP MAY LEAD TO RESOURCES LOCATED ON SERVERS MAINTAINED BY THIRD PARTIES OVER WHOM THE APP HAS NO CONTROL OR CONNECTION, BUSINESS OR OTHERWISE AS THESE SITES ARE EXTERNAL. YOU AGREE AND UNDERSTAND THAT BY VISITING SUCH SITES YOU ARE BEYOND THE APP. THE APP THEREFORE NEITHER ENDORSES NOR OFFERS ANY JUDGMENT OR WARRANTY AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THE AUTHENTICITY/AVAILABILITY OF ANY OF THE GOODS/SERVICES/OR FOR ANY DAMAGE, LOSS OR HARM, DIRECT OR CONSEQUENTIAL OR ANY VIOLATION OF LOCAL OR INTERNATIONAL LAWS THAT MAY BE INCURRED BY YOUR VISIT AND/OR TRANSACTION/S ON THESE SITES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The WhiteCoats App is controlled and offered by the Company from its facilities in Hyderabad, India. Those who access or use the Services of the App from other jurisdictions do so at their own volition and are responsible for compliance with local law.

You agree to indemnify, defend and hold harmless the Company from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Portal, the service, or any violation by you of this Terms of Service.

This Terms of Service and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction

Any claim or controversy that arises out of or relates to this agreement, or the breach of it, the same shall be referred to a person nominated by the Company whose decision shall be final and binding upon the parties hereto. Such references shall be deemed to be a submission to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996.

This Terms of Service shall be governed by and interpreted and construed in accordance with the laws of India. Any conflict between this Terms of Service and the applicable laws, the applicable laws will always prevail.

By accessing this App, you agree that all matters relating to your access to, or use of, this App shall be governed by laws applicable to jurisdiction applicable in Hyderabad. In case of any litigation, it is agreed by both the parties that only Courts in Hyderabad, Telangana, India will have exclusive jurisdiction to try any matter to the exclusion of all other Courts.

Along with the above mentioned terms and conditions of this Terms of Service, you also agree to the following terms:

In accordance with Information Technology Act 2000 and Information Technology (Intermediaries Guidelines) Rules, 2011 made there under, the contact details of the Grievance Officer are provided below in order to contact him when you have some problem or grievance with respect to the Services of the App:

Attn: Grievance Office
support@whitecoats.com