TERMS & CONDITIONS

Last updated 01 January 2022

These Terms of Service together with the applicable policies which are incorporated herein by way of reference ("these Terms") govern the access or use of the website flexq.in ("the Website"), the application known as 'FLEXQ' available for download on your communication device ("Application" or "App") together with all the content, tools, facilities and services made available through the Website or the App (collectively "the Service"). Therefore, please read these Terms very carefully.

By clicking the box indicating acceptance of these Terms, you are indicating that you have read and understood these Terms and agree that these Terms constitute a legal and binding agreement between you and Surflex Technology Private Limited, 33 B, Jatin Das Road, Kolkata 700029, WB, India ("we", "us" or "our"). If you do not understand the Terms or if these Terms or any part of these Terms is not acceptable to you, please do not access or use the Service or any part thereof. In these Terms, "you" / "yours" / "yourself" denotes the natural person who accesses/uses the Service or any part thereof.

We reserve the right to update or modify these Terms at any time in our sole discretion without any prior notice to you. If we update or modify these Terms, we will post the revised version of these Terms on the Website / App and such revision shall become effective immediately on such posting. It is your responsibility to review these Terms periodically for updates / modifications. Your continued access or use of any of the Service after any revision becomes effective shall be deemed to constitute your acceptance and agreement to be bound by the revised Terms.

Eligibility & Registration

The access/use of the Service is meant only for persons who are competent to contract as per Indian law. If you are not ‘competent to contract’ as per Indian law (i.e. if you have not attained the age of majority according to the law to which you are subject, if you are not of sound mind or if you are disqualified from contracting by any law to which you are subject), you should not register or access/use the Service or any part thereof. If the law applicable to you does not allow you to receive the Services in your territory, you should not use this Service. If you are the parent/legal guardian/authorised person acting on behalf of a patient, you should disclose the same to us and by registering with us or accessing / using the Service on behalf of your ward, you affirm that you have the full and proper authority to represent the patient and accept these Terms on his/her behalf.

To avail of the all the features of the Service, you must access the URL flexq.in through a new age browser installed on your communication device. To install and/or use the App, you will need a communication device that meets certain technical requirements, which may change from time to time, a working internet connection and compatible software, for all of which you are solely responsible.

When you register with us and/or access or use the Service, you confirm that you have provided accurate, current and complete information about yourself and that you will keep all such information current, complete and accurate at all times for as long as you use the Service. All the data and information that you provide or that is collected from your access/use of the Service shall be treated and protected in accordance with our Privacy Policy, which is deemed a part of these Terms.

Your registration with us and/or your right to access the Service is personal to you and you may not transfer this to anyone else. You may not use anyone else’s account at any time. You understand that anyone with access to your communication device may use your account and therefore, you should ensure that you have appropriate security measures on your communication device to prevent unauthorised use of your account with the Service. You will be solely responsible for any and all activities that occur under your account with us and we will not be liable for any loss or damage that may occur as a result of someone else using the Service through your account with us or obtaining your personal information from your communication device, either with or without your knowledge. If you become aware of any unauthorized use of your account with us, please notify us by writing to account@flexq.in with the title “Unauthorized Use of Account” and we will initiate action to stop further access under the said account.

Nature of Service & Limitations

We do not practice medicine and do not provide medical consultation. We merely provide a technology platform and infrastructure that enables you to connect with participating medical practitioners listed on the Service and to use the messaging or communication facilities of the Service that are designed to enable you to communicate with others (‘Communication Tools”) to consult with a medical practitioner recommended to you.

The Service we provide is NOT for use for medical emergencies, for life threatening conditions or for when you need acute care. You should not disregard or delay to seek medical advice from your physician based on anything that appears or is provided to you by or through the Service.

We do not distribute, sell, stock, exhibit or offer for sale any drugs or medicinal preparations and merely allow you to use the functionality offered by the Service to transmit orders for drugs / medicinal preparations to third party pharmacies through us and pay for your purchases through us.

We do not provide diagnostic or medical or clinical test services. You may use the features available through the Service to book appointments with third party diagnostic laboratories / centres who deal with us. The medical / clinical test or diagnostic services are provided to you directly by the concerned laboratories or centres. We make no representations or claims, including as to the accuracy or quality, of the tests or results obtained by you from diagnostic laboratories / centres and shall not be responsible or liable for any defect or deficiency in the services provided to you by a diagnostic laboratory/ centre.

Diagnostic laboratories / centres who we deal with have represented to us that they are duly certified / licensed and have the necessary equipment, qualified personnel, experience and expertise to provide their services to you in India. While we make reasonable enquiries to confirm the veracity of this representation made to us by the diagnostic laboratories / centres, we shall not be responsible for any misrepresentation or fraud in this regard.

Nature of Service & Limitations

You agree to use the Service (including the Communication Tools) only in accordance with these Terms and all applicable laws. You may not use the Service in any manner that could damage, disable, overburden or impair our computer systems or interfere with any other party’s use and enjoyment of any Service. You should not attempt to gain unauthorized access to any Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.

Without prejudice to the above, you agree not to host, display, upload, modify, publish, transmit, update or share any information that:

You are solely responsible for all information you transmit or share using the Communication Tools and we are not obliged to monitor the same. However, we reserve the right to review any information or materials you share using the Communication Tools and to remove (without notice to you) any information or materials that we find, in our sole discretion, violates any applicable law or these Terms. To this extent, you hereby waive doctor-patient confidentiality and expressly authorise us to review all information you transmit or share using the Communication Tools. In the event of non-compliance with the Terms, we may (without notice to you), immediately terminate your registration with us and/or prevent your access or use of the Service.

Changes to Service

We reserve the sole and complete discretion with respect to the operation of the Service and we may add, modify, suspend or discontinue any functionality or feature of the Service or any of the services provided by us without any notice to you.

Termination

We reserve the right to suspend and/or terminate your access to the Service with or without notice, if you breach these Terms. Upon suspension or termination, your right to procure the Service shall immediately cease and we reserve the right to remove or delete your information that is available with us, including but not limited to account details.

Notices

All notices to us shall be in writing and shall be made via e-mail to help@docsapp.in or such other email address as notified in these Terms and all notices to you shall be made through the Service, via e-mail to the e-mail address you provide at the time of your registration or to your communication device registered with us.

Governing Law and Jurisdiction

The interpretation of these Terms and the resolution of any dispute relating to your access or use of the Service shall be governed by the laws of India. If any action or other proceeding is brought on or in connection with these Terms or your access or use of the Service, the venue of such action shall be exclusively at Bengaluru to the exclusion of any other court that may otherwise have had such jurisdiction in the matter.