Dr. Toms Laboratory Pvt.Ltd is the developer and owner of the software Pappyjoe and operates the website www.doctortoms.com and www.pappyjoe.com. All users of the Pappyjoe Software - Doctors, Patients, and the visitors of Website are together termed as “Users”.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, which includes the Indian Contract Act, 1872, the Indian Information Technology (IT) Act, 2000, and (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
Dr. Toms authorizes the User to use Pappyjoe Website solely for ordering, receiving and communicating with us as per this Agreement. The contents like information, images, logos, design etc. are the property of Dr. Toms and are protected under copyright, trademark and other laws.
If you are authorized by the Primary User (Doctor who purchased this software) this Agreement is a three-way agreement between you, the Doctor and Dr. Toms. Both the Doctor and Dr.Toms may seek recourse against you for any violation of the terms of this Agreement.
Users may not transfer their user name or right to use the Service to any third party. The Primary User is solely responsible for ensuring that all of users (authorized by the primary user) comply with all of the Terms and Conditions of this Agreement. Any violation of the Terms and Conditions of this Agreement by any such user shall be treated as a violation by the primary user.
These Terms & Conditions will also be applicable to Users who use its applications for devices running on Apple OS and Android. Additional Terms & Conditions may be applicable to Users while accessing Software using such mobile applications.
Dr. Toms does not deal with any of User’s client or patient managed by User through the Website and only provides Services to User through the Website. Dr. Toms does not transfer either the title or the intellectual property rights to the Software to the User.
Dr. Toms also offers a free trial offer of Pappyjoe Services so that the User will get to experience all the features of the Services. Even during the trial period the users are bound by the terms of this Agreement. Users are advised to upgrade to the paid version so that any data entered into the Services, and any customizations made during the free trial period are not permanently lost.
Apart from an online version Dr. Toms offers an offline version of Pappyjoe also and the Doctor is advised to synchronise the data with Pappyjoe software on a daily basis. This ensures that the Doctor can proceed with his activities non-interrupted even if PappyJoe Services are unavailable owing to planned downtime and by any circumstances beyond Pappyjoe’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider failures or delay etc.
The Services may be subject to certain limitations such as limits on disk storage space, number of users or accounts, etc. However Dr. Toms will try its level best that such problems are avoided.
Dr. Toms may, at its sole discretion, suspend User’s ability to use or access the Website at any time while Dr. Toms investigates complaints or alleged violations of this Agreement, or for any other reason.
Dr. Toms reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of its Software and/ or Website. All Users of its Services will be duly notified upon release of such newer versions and Dr. Toms reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems fit.
The payment for the software can be made by cheques/DD drawn in favor of Dr. Toms Laboratory Pvt. Ltd payable at Calicut. You can also transfer payment directly to our bank the detail of which is as given below. Beneficiary Name. Dr. Toms Laboratory Pvt. Ltd, HDFC Bank & Branch Nadakkavu, Calicut, Account No. 50200006383488, IFSC Code HDFC0000671 Swift Code.
The cost is exclusive of taxes. Tax @ 12.3% will be levied on every purchase.
The payment process would be considered to be complete only on receipt of the amount to Dr. Toms’ designated bank account.
Dr. Toms shall send a receipt to the User through an email within 3 (three) working days of receipt of payment from such User.
It is the responsibility of the User to obtain explicit consent from their Patients before storing Patient data in Software.
The User is responsible for maintaining the confidentiality of the User’s account access information and password and for all usage of it whether or not authorized by the User. The User shall immediately notify Dr. Toms of any actual or suspected unauthorized use of the User’s account or password.
Dr. Toms may use information stored in its Services from time to time for the purposes of debugging customer support related issues.
The User is prohibited from:
• violating the integrity or security of the Pappyjoe Website or its content;
• transmitting any information on or through the Pappyjoe Website that is disruptive or competitive to Pappyjoe;
• copying or duplicating any of the Pappyjoe Content or other information available from the Website;
Dr. Toms shall be entitled to disable any User that is indulged in the activities mentioned above and shall be entitled to preserve information of such activities for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
In case of non-compliance with any applicable laws, rules or regulations, or the Agreement by a User, Dr. Toms has the right to immediately terminate the access or usage rights of the User to the Services and to remove non compliant information.
The Services provided by Dr. Toms or any of its licensors or providers are provided "as is," as available, and without any warranties or conditions.
Dr. Toms assumes no responsibility, and shall not be liable for ways in which Patient data is used by Doctors. It is the responsibility of the User alone to ensure that the Patient data either stored in Software or taken out from the software is used in compliance to local privacy laws applicable to the User’s business transactions with Patients.
The User is advised to install anti-virus software in their computer. Dr. Toms assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing Pappyjoe Website.
In no event, including but not limited to negligence, shall Dr. Toms or its owners be liable for any damages arising from the use or the inability to use the website, lost business or lost sales because of the inability to access the website.
User agrees to indemnify and hold harmless Dr. Toms and its owners/employees etc. from any third party claims, losses, liability, damages, and/or costs arising from his access to or use of Service, violation of this Agreement, or infringement, or infringement by any other user of the primary user’s account, of any intellectual property or other right of any person or entity.
This Agreement will remain in full force and effect with all the Users of the Website in any form or capacity.
The User can terminate his membership with Pappyjoe at any time by providing 30 (thirty) days’ prior written notice to support@Pappyjoe.com. The User shall be obligated to pay Dr. Toms for any Services that the User has procured.
Once temporarily or indefinitely suspended or terminated, the User is barred to use the Pappyjoe Website under a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website. The User shall ensure that he has continuous backup of the Services in order to comply with his record keeping process and practices.
Upon termination by Dr. Toms a User can request Dr. Toms a copy of User’s data, if required, within 30 (thirty) days after the effective date of termination and Pappyjoe will make available to the User for download a copy of such User’s data. In cases where User terminates the subscription voluntarily Dr. Toms won’t be providing a copy of their data. The User is advised to take a backup before discontinuing services.
This Agreement and any contractual obligation between Dr. Toms and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Calicut.
All disputes will be subject to arbitration in Calicut in English by a single arbitrator appointed by Dr. Toms under the Arbitration and Conciliation Act, 1996.
Any amendment in these Terms shall replace all previous versions of the same.
If any provision of this Terms & Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
a. The type of information collected from the visitors / end users of the Pappyjoe Website
b. The purpose, means and modes of usage of such information; and
c. How and to whom Dr. Toms will disclose such information.
“Personal information” is defined as any information that relates to a natural person that helps in identifying him/her. “Sensitive personal data or information” of a person means information about that person relating to:
b. Financial information such as bank accounts, credit and debit card details or other payment instrument details;
c. Medical records and history;
d. Details as provided at the time of registration or thereafter; and
e. Call /chat data records.
As part of the registration process, Dr. Toms collects the following personal information from Users:
a. Name & Address;
b. User ID & password chosen
c. Email address & Phone no.
d. Gender & Age;
e. Other details provided by User
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In case payments to Dr. Toms is made using a credit card, wire transfer, debit card or cheque Dr. Toms will collect such User’s credit/debit card number and/or other financial institution information such as bank account numbers and will use that information for the billing and payment processes.
Whenever a User visits Pappyjoe website, it automatically receive the URL of the User’s site and the Internet Protocol (IP) address of each User’s computer. The linkage between User’s IP address and User’s personally identifiable information is not shared with third parties except when required by law. However Dr. Toms may share some of the aggregate findings (not the specific data) with third parties like sponsors/advertisers etc. in order to help grow its business.
The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Dr. Toms and its service providers for the Technical administration of the Website and for User administration. Dr. Toms does not store personally identifiable information in the cookies.
Dr. Toms may allow other companies to serve advertisements to the Users. Dr. Toms may display advertisements to Users that fit a certain general profile criteria but assures that personally identifiable information won’t be used to identify Target audience for advertising on its Services.
Dr. Toms has implemented Indian legal industry standard security policies, rules and technical measures to protect the personal data of its Users from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss.
Dr. Toms will not disclose any personal information or data to governmental institutions or authorities unless such disclosure is requisitioned under any Indian law or judicial decree or when Dr. Toms, in its sole discretion, deems it necessary in order to protect its rights or to fight fraud and credit risk, or to enforce or apply our Terms & Conditions.
All Dr. Toms employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every Patients’ sensitive personal data and information.
Dr. Toms may also disclose or transfer Patients’ personal and other information a User provides, to another third party as part of reorganization or a sale of the assets of a Dr. Toms corporation division or company. Any third party to which Dr. Toms transfers or sells its assets will have the right to continue to use the personal and other information that patients provide to us.
All the information collected is maintained by Dr. Toms in electronic form in its own servers/third party servers. User Information may also be converted to physical form from time to time. Regardless of the manner of storage, Dr. Toms will keep all User Information confidential, and will only disclose User Information accessible to its employees only on a need-to-know basis, and binds all such employees to strict confidentiality obligations.
Notwithstanding the above, Dr. Toms shall not be responsible for any breach of security or for any actions of any third parties that receive Users’ personal data or events that are beyond the reasonable control of Dr. Toms including, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.