Please read the following terms and conditions (“Terms of Use”) carefully before registering, accessing, browsing, logging in or using the website www.drome.clinic, drome.co.in & drome.health (“website(s)”). By accessing or using these websites or by using the services offered vide these website(s) (“services”), you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the website(s) and immediately terminate your use of the services or the website(s). The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a contract between you being, an individual customer, user, or beneficiary (hereinafter referred to as “You” or “Your” or the “User”) of this service of at least 18 years of age, and Drome Services Private Limited a company incorporated under the Companies Act, 2013 and having its Registered Office at M-251, Ground Floor, Orchid Island, Sector – 51, Gurugram, Haryana – 122018 (hereinafter referred to as “us”, “We”, “our” or “Drome”)  All services are rendered by Drome Services Private Limited through its platform under the brand name “Drome”.

1. The website(s) only facilitates (i) online medical consultancy services/ opinion (including subsequent / second opinion) being offered by registered medical practitioners (“Medical Experts”); (ii) online purchase of diagnostics services sold by various third-party diagnostic laboratories (“Third Party Laboratories”) and (iii)  online purchase of pharmaceutical products sold by various third-party pharmacies and manufactures (“Third Party Pharmacies”). You acknowledge that the Registered Medical Practitioners empanelled/associated with this website and its services will try to ensure that the treatment prescribed, suggested or advised is in consonance with Your or the patient’s symptoms, as informed, narrated and explained by you or the patient, for which the respective Medical Expert will solely rely on the information and details shared by You or the patient, and as per established practices in Your or the patient’s best interest.

2. You agree and acknowledge that the website is a platform that You and the Registered Medical Practitioner(s) utilize to meet and interact with another for their transactions. Drome is not and cannot be: (i) a party to or save as except as may be provided in these Terms of Use, (ii) control in any manner, any transaction between You and the Medical Experts and/or Third-Party Pharmacies. This website does not recommend or endorse any specific Registered Medical Practitioner, tests, products, procedures, opinions, or other information that may be mentioned herein. Placing reliance on any information provided shall solely be at Your own risk. In case of any medical emergency, kindly contact Your nearest doctor/hospital or any related helpline. You agree and acknowledge that medicine is not an exact science and same treatment can show different outcomes in different patients. You further agree and acknowledge that the respective Medical Practitioners will exercise reasonable medical caution, competence and professional ability but cannot guarantee specific outcomes in each case and each treatment.

3. By accessing, browsing or in any way transacting on this website, or availing any services, You signify Your unconditional agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by our policies, including but not limited to the privacy policy and such other rules, guidelines, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions, updated and amended from time to time, for the purposes of accessing, browsing or transacting on the website, or availing any of the services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the website to a third-party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such third-party website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.

4. The Services offered through this website are not for use in medical emergencies or for critical health situations requiring prompt medical attention and you are advised to contact Your nearest doctor/hospital or any related helpline in such a scenario.

5. These Terms of Use is published in compliance of, and is governed by the provisions of applicable laws of India, including but not limited to:

• the Indian Contract Act, 1872 (“Contract Act”);
• the (Indian) Information Technology Act, 2000 (“IT Act”) 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, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
• the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
• the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
• the Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
• Pharmacy Act, 1948 (“Pharmacy Act”); and
• the Consumer Protection Act, 1986.

6. These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

7. For the purposes of availing the Services through this website, You are required to obtain registration, in accordance with the procedure established by Drome in this regard. As part of the registration process, Drome may collect, store, use and disseminate the following personal information from You in compliance with applicable laws:

• Name;
• Email address;
• Address (including country and ZIP/ postal code);
• Gender;
• Age;
• Phone number;
• Relevant medical information and health status;
• Other requisite details as may be required from case to case basis and You may agree to.

By providing, sharing, submitting and informing the above details / information to Drome, You unconditionally agree to Drome’s Privacy Policy, as updated, as amended and applicable from time to time and hereby provide your express approval for the collection, storage, use and dissemination of Your personal information for professional purposes to ensure optimum medical treatment is rendered and also as substantiated in Drome’s Privacy Policy.

Note: Your right to use the website and the Services are strictly non-transferable.

8. As a condition to Your use of the website, You must be 18 (eighteen) years of age or older to use or visit this website in any manner. By downloading, registering, browsing and using or accepting these Terms of Use, You represent and warrant to Drome that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the website and agree to and abide by these Terms of Use.

9. In using the bill payment service, you agree to provide true, accurate, current and complete information about yourself, your payment account details (“Payment Data”).
10. REFUND POLICY
    The Family Physician Annual Fee cancellation is only available up to 14 (Fourteen) days from the time and date of invoice generation. After 14 days, the Customer shall not be entitled to claim for cancellation and the company shall have the right to forfeit the fees already paid in such a case. For Cancellation of Family Physician User will need to write to us at “experience@drome.co.in” within five (5) days from the occurrence of such event; in which case, the consultation amount as mentioned on the Website will be refunded on Pro rata basis to the User after deducting transactional charges within the next five (5) to six (6) business days
    Standalone Appointments
    (i) In the event that, the Practitioner with whom User has booked a paid appointment via the Website/App, has not been able to meet the User, User will need to write to us at “experience@drome.co.in” within five (5) days from the occurrence of such event; in which case, the consultation amount as mentioned on the Website will be refunded to the User after deducting transactional charges within the next five (5) to six (6) business days.
    (ii) Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from he said Practitioner.
    (iii) In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment 30 minutes beforehand (thru website/App), the amount will not be refunded.
    (iv) Cancellation shall be acceptable only if the Customer cancels the appointment 30 min before scheduled appointment (cancellation option will get disabled 30min prior to appointment)
    Transactional charges for cancellation
    (i) 3% cancellation charges will be applicable on the total amount of invoice.
    (ii) The Customer can contact us through e-mail id, “experience@drome.co.in” in case of cancellation and refund.
    (iii) The refund amount will be sent to the respective debit card/credit card/account from where payment was made and amount will not be refundable by any other mode.
11. You acknowledge that the e-prescription which may be issued to You will be a valid prescription under applicable law(s) of India and more specifically as per the Telemedicine Guidelines, rules or any other applicable legislation notified by the appropriate authority. You further agree and acknowledge that if You request us to process the e-prescription or any form of prescription (whether original or scanned copy of the original prescription) for facilitation of medicine orders, then Drome will only act as an aggregator and assume no responsibility and/ or liability in relation to the dispensation of the medicines, which shall at all times be at your sole risk and the sole responsibility of any third party pharmacies supplying the medicines to you.
12. Drome assumes no responsibility and shall incur no liability if it is unable to affect any payment instruction(s) on the payment date owing to any one or more of the following circumstances:

• if the payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid and delayed.
• if the payment account has insufficient funds/limits to cover for the amount as mentioned in the payment instruction(s)
• if the funds available in the payment account are under any encumbrance or charge.
• if your bank refuses and/or delays honouring the payment instruction(s)
• if payment is not processed by biller upon receipt.
• circumstances beyond the control of Drome (including, but not limited to, fire, flood, natural disasters, epidemic, pandemic, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force beyond the reasonable control of Drome)

13. You (including Your legal heirs, assignees, representatives, as may be applicable) agree to defend, indemnify and hold harmless Drome its directors, officers, employees, representatives, agents, contractors, the protected entities, independent contractors, service providers, consultants, licensors, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) unauthorised access to or use of website; (b) violation or non-compliance of these Terms of Use or any applicable law(s); (c) violation of any rights of another person/ entity, including infringement of their intellectual property rights (iv) any dispute of payment and/or non-payment of service fee for any transaction (v) violating the integrity and/or security of this website.

14. Drome does not provide any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Drome does not make any representations, warranties or guarantees, either express or implied about the Services and the website. Drome does not verify any content or information provided by the Medical Expert and disclaims all liability arising therefrom.

15. Drome, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the website, at any time while Drome investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason.

16. Drome reserves the right to change or modify these Terms of Use or any policy or guideline of the website including the privacy policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the website and You waive any right You may have to receive specific notice of such changes or modifications. Your use of the website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of this website.

17. Drome authorizes You to view and access the content available on the website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. You also authorize and acknowledge that by messaging Drome or by using Drome’s call back service, You permit Drome to call, contact or connect with, irrespective of any DND or like mandate and also authorize Drome to record the calls for quality review and improvement purpose.

18. The content of this website is the sole and exclusive property of Drome and is protected under copyright, trademark and other applicable law(s).

19. These Terms of Use and any contractual obligation between you and Drome will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to the access, or use of, the website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at New Delhi. All disputes will be subject to arbitration at New Delhi in English by a sole arbitrator appointed by Drome under the Arbitration and Conciliation Act, 1996.