TERMS OF USE

 

Welcome to Toothfind. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011.

 

Infizon, a partnership firm incorporated under the Partnership Act, 1932 (“Us”, “We”, “Our” or “Toothfind”) is the author and publisher of the internet resource www.toothfind.com as well as the software and applications provided by Us i.e ‘ToothFind’. The website www.toothfind.com and the application ToothFind are collectively referred to as the “App”. 

 

These terms of use apply to all current and former user/s accessing or using Our App, or otherwise engaging with Us through e-mail or other means (hereinafter referred to as “You” or “Your” or “User”)

 

These terms of use along with the privacy policy ("Terms") including the applicable policies which are incorporated herein by way of reference, govern the conditions of Your access and use of the App, transaction through the App and use of Services (as defined herein below) hosted or managed remotely through the App. These Terms constitutes a legal and binding contract between You on one part and Toothfind on the other Part.

 

By registering or signing up to use the App, downloading, accessing, or installing and using Our application, You confirm and agree to be bound by these terms. If You do not agree to be bound by these terms, You are not entitled to access, download or use Our App and are required to delete any versions of the mobile application and any data downloaded by You while using the App.


 

  1. Definitions


 

  1. “Finder” means the dentist finder which helps locate Third Party Service Providers around the entered location in the App

  2. “Reply” means the information that the Third Party Service Provider writes in response to the Request received from the Patient.

  3. “Request” means the combination of basic Information of patient (which includes name, age, sex ,contact number, address, existing / past medical conditions / history , medical history details) , the dental problems including photographs, duration and any additional information of the dental problem described by the patient that can be sent to the Third Party Service Provider.

 

  1. General

    1. The App are a platform that facilitates (i) dental diagnostic services being offered by various third party diagnostic centres (“Third Party Diagnostic Centres”) and (ii) dental consultancy services being offered by third party independent dentists (“Third Party Dentists”) and third party dental clinics and hospitals (“Third Party Dental Clinics”), collectively “Third Party Service Providers”. The service of Third Party Services Providers is collectively referred to as the “Services”.

    2. You agree and acknowledge that Our App is a platform that You (patient) and Third Party Service Providers utilize to meet and interact with another for their transactions. Toothfind is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the Third Party Service Providers. 

    3. We reserve the right to change or modify these Terms of Use or any policy or guideline of the App including the Privacy Policy, at any time and in Our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the App. Your continued use of the App 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 the App and Services.

    4. By visiting the App or accepting these Terms of Use, You represent and warrant to Us that You are competent to contract and that You have the right, authority and capacity to use the App and agree to and abide by these Terms.

    5. We authorize You to view and access the content available on the Our App solely for the purposes of availing the Services. The contents on the App including information, text, blogs, articles, graphics, images, logos, button icons, photos, software code, design, and the collection, arrangement and assembly of content,   are collectively referred to as (“Our Content”). Whenever Toothfind posts any content from other sources/authors, Toothfind gives due credit to such sources/authors. There are also some images and information which is collected from publicly available sources of the internet. The Content available on the App is for general information purposes only and does not constitute either an advertisement or promotion or advice of any kind whatsoever on the App or any professional medical advice, diagnosis, treatment or recommendation of any kind. Also, You acknowledge and understand that Toothfind provides no warranty or representation with respect to the authenticity of the information provided on the App and You must do Your own check. Our Content is the property of Toothfind and is protected under copyright, trademark and other applicable law(s). 

    6. Compliance with these terms would entitle You to a personal, non-exclusive, non-transferable, revocable, limited privilege to access and transact on the App solely for Your personal, non-commercial use.


 

  1. User account, password and security

    1. For the purposes of availing the Services and/or transacting with the Third Party Service Providers through the App, You are required to obtain registration, in accordance with the procedure established by Us in this regard. You are required to download the App “ToothFind”  from Google Play or Apple Store (which are Third party applications, the Use and access of which will be subject to Google’s Terms of Service or Apple’s Terms and Conditions respectively) and install the App onto Your communication device. You will need a communication device that meets certain technical requirements, has a working internet connection (chargeable as per Your network operator) and compatible software. While installing ToothFind App, You may have to agree to a few app permissions without which the ToothFind App will not be installed.

    2. After successfully installing the ToothFind App on Your communication device, You can register on it either as a patient or as a dentist (dental clinic/diagnostic centre) from a single mobile number (depends whether You are the patient or the dentist/dental clinic/diagnostic centre).Once registered as either of the entity, You cannot Use the same mobile number to register as other entity. (eg: Once registered as a patient from a mobile number, You cannot Use the same number to register as dentist). Any phone number used to register with Toothfind should be registered in Your name and You might be asked to provide supporting documents to prove the same.  When You register Your mobile number on the App, You will receive a One Time Password (“OTP”) which will be transmitted to Your mobile number registered with Us through the short message service (“SMS”). If You fail to provide the OTP when required to do so or the authentication through the OTP fails, You may not be able to register with Us and/or avail of the Services.


 

  1. Registration is only a one time process and if You have been previously registered on Our App, You shall login/sign into Your account using the same credentials as provided during the registration process. If You register incorrectly and wish to change it, kindly notify Us by writing at contactus@toothfind.com with the title “Incorrect registration” and We will make good faith efforts to renew Your registration as soon as reasonably practicable. In case that You have falsely and/or incorrectly registered with Us, or We have reason to believe that You have done so, We hold the right to permanently block/ suspend Your account and take necessary legal action against You. 

  2. As part of the registration process, We may collect the following Information from You (as a User/patient) including without limitation Your name, User ID (mobile number), email address, address, gender, age, contact number, health or medical history and data, photos, password chosen by the User and other details as You may provide. As a Third Party Service Provider, We may collect information from You including without limitation Your name, User ID(mobile number), email address, address, gender, age, photos, contact number, data regarding Your medical qualifications, experience, registrations, permits, licenses and certifications, financial account information and other details as You may provide. Your Profile will be kept under review and visible to patients only after verification from Us. This is also applicable when You edit Your profile. 

  3. You will be responsible to remember the User ID (registered mobile number) and password to login to Our App (“login credentials”) & protect its confidentiality. We will neither be responsible nor liable in case You forget your login credentials and/or suffer any loss or damage arising thereof. While setting a new password or in case you forget Your password, You may be required to authenticate Your identity using a one-time password (“OTP”) as a confirmation code, which will be transmitted to Your mobile number registered with Us through the short message service (“SMS”). If You fail to provide the OTP when required to do so or the authentication through the OTP fails, You may not be able to register with Us and/or avail of the Services.

  4. You understand that anyone with access to Your communication device may Use Your account on Our App and therefore, You must ensure that You have taken appropriate security measures on Your communication device to prevent unauthorized use of Your account. You will be solely responsible and liable 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 Services through Your account with Us or obtaining Your personal Information from Your communication device, either with or without Your knowledge.

  5. You cannot transfer Your registration with Us and/or Your right to access the Service which is personal to You only. Multiple Users are not permitted to share the same/single log­in. Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their log­in or right to Use Toothfind to any third party. 

  6. When You register with Us and/or access or use the Services, You confirm that You have provided accurate, genuine, current, truthful, complete and correct Information and that You will keep all such Information current, correct and accurate at all times for as long as You use the Services and/or provide Services as a Third Party Service Provider, as the case may be. You shall be solely and entirely responsible and liable for any discrepancy/error in the genuineness, correctness, accuracy, truthful, current and complete information that You add to use the App. Toothfind shall not have any liability or responsibility in this regard.


 

  1. You agree and acknowledge that You would (i)  provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the App; (ii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify Us if You discover or otherwise suspect any security breaches relating to the App; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.

  1. A registered User (as a a patient), being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the App for the purposes of procuring the Services, on behalf of such persons, and You affirm that You have the legal authority to represent such persons.

  2. As a Patient, You can send a Request about your Dental Problem and ask for Reply from Third Party Dentists/Dental Clinics/Diagnostic Centres and further schedule an Appointment from Your account for Yourself and/or for Your family, relatives and friends. While doing so, all of these Terms apply to Your usage and You will be solely responsible for any activity which is undertaken from Your account on behalf of Your family members and friends. While the Third Party Service Providers will endeavour to Reply to Your Requests as soon as possible, We do not guarantee that You will receive a Reply in a time-bound manner. Third Party Service Providers may, in their discretion, approve or disapprove (or not Reply to) the Request. Toothfind is not responsible or liable for actions of such Third Party Service Providers.

  3. As a User (patient), You will be eligible for free dental consultation through Our App. However, as a User (patient),You understand that ToothFind may introduce a Paid Service/Prime option which may make special features available to Users who choose it.  This paid feature, if and when introduced shall be non-refundable.

  4. As a Third Party Service Provider, You will be eligible to provide the first Reply to a patient through Our App for free. Afterwards, for every subsequent Reply, You will have to subscribe to Our subscription plan/s. Subscription plans once bought cannot be refunded or cancelled. As a Third Party Service Provider, You are required to provide the Reply to the best of Your  knowledge and in a professional manner. The Reply once sent cannot be changed, reverted or refunded later. The contact number in the Request will be visible to You AFTER You Reply to the patient. 

  5. Your account is centered around your registered phone number, so if You change Your phone number,your account will be considered terminated ,and all Your activity details & its history, records including all Requests and their Replies , booked appointments with their details, all subscription plans including current plan and previous plan history,  balance of rewards and wallet/-plus will get permanently invalidated and deleted with no dues & liability from Toothfind.

  1. We, at Our sole discretion, with or without any reason, reserve the right to permanently or temporarily suspend Users, to bar their use and access of the App, at any time while We investigate complaints or alleged violations of these Terms or any Services, or for any other reason.


 

  1. Representations and Warranties

    1. User’s representations and warranties

The User hereby represents and warrants that:

  1. The User provides accurate, genuine, current, truthful, complete and correct Information and that User will keep all such Information current, correct, accurate, genuine, truthful and accurate at all times for as long as the User uses/avails of the Services;

  2. User shall strictly adhere to and comply with clause 7 of these Terms relating to User Conduct;

  3. the User  shall use and avail the Services only for the purpose of his/her personal use and in doing so, shall not violate any applicable laws and regulations;

  4. the User shall observe and adhere to moral standards, ethics and follow standard practices to ensure safety while using the App and/or availing the Services;

  5. The User shall not post/send any Request which comprises of any derogatory language, objectionable, pornographic and /or offensive content

  6. the User shall not assign or otherwise transfer his/her account on Our App to third party/ies.

  7. User shall not access Toothfind if the User or the organisation that he/she/it represents is Toothfind’s direct competitor, except with Toothfind’s prior written consent. In addition, the User shall not access Toothfind for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.


 

  1. Third Party Service Provider’s representations and warranties

The Third Party Service Providers hereby represents and warrants that:

  1. Third Party Dentists and/or dentists associated with the Third Party Dental Clinics are qualified in the area of expertise that he/she represents as being his/her qualification. Third Party Dentists and/or dentists associated with the Third Party Dental Clinics are duly qualified to practice dentistry in India and are enrolled on the Dental Council/Dental register in one of the states in India.

  2. Third Party Dentists and Third party Diagnostic Centres, Third Party Dental Clinics have all the requisite qualifications, certifications, licenses, permits, authorizations and such other documentary proofs as may be required under the applicable laws as in force including without limitation, The Dentist Act, 1948 and the rules, regulations, circulars made thereunder, The Indian Medical Council Act, 1956 and the rules, regulations, circulars made thereunder, and Pharmacy Act, 1948 and the rules, regulations, circulars made thereunder;

  3. Third Party Dentists and Third party Diagnostic Centres, Third Party Dental Clinics shall at all times comply with applicable laws while providing Services through the App, including without limitation, The Telemedicine Practice Guidelines, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Consumer Protection Act, 1986, The Indian Medical Council Act, 1956 and the rules, regulations made thereunder, the Indian Medical Council (Professional Conduct, Etiquette and Ethics Regulation, 2002, Dentists (Ethical Conduct) (Maharashtra) Rules, 1965, The Drugs and Cosmetics Act, 1940, The Dentists Act, 1948, Pharmacy Act, 1948, the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder and any other applicable law.

  4. Third Party Service Providers shall strictly adhere to and comply with clause 7 of these Terms relating to User Conduct;

  5. Third Party Service Providers shall not directly or indirectly solicit/entice the User( patients) to leave/ deregister from the App in any manner whatsoever including without limitation by way of using social media handles, telephone/ mobile numbers, youtube and/or address;

  6. Third Party Service Providers shall promptly Reply to the User(patient) after receiving such User’s Request in a professional manner to the best of their knowledge;

  7. Third Party Service Providers shall not post/send any Reply which comprises of any derogatory language, objectionable, pornographic and /or offensive content.

  8. Third Party Service Providers shall not advertise any brand of drugs, supplements, vaccines and medications, in any manner of whatsoever;


 

  1. Use of the Services and the App


 

  1. Dental Consultation Services

    1. We do not practice Dentistry. We do not provide any Dental service, consultation or diagnosis, and hence We are not responsible for any outcome between You and the Third Party Dentist, Third Party Dental Clinics and/or Third Party Diagnostic Centre You interact with.  We merely provide a technology platform that enables You to view, search and connect with Third Party Dentists, Third Party Dental Clinics/ Diagnostic Centre listed on the App and to use the Services that are designed to enable You to communicate with Third Party Dentists, Third Party Dental Clinics / Third Party Diagnostic Centre of Your choice. If You decide to engage with a Dentist, Third Party Dental Clinics / Third Party Diagnostic Centre to provide dental and/or dental diagnostic Services to You, You do so at Your own risk.

    2. We are not a replacement for Your dentist. Any information uploaded by User should not be considered as a substitute for professional judgement of a clinical check-up, dental /medical diagnosis, advice or treatment by any Third Party Service Provider. 

    3. You acknowledge that the Third Party Dentists, Third Party Dental Clinics and Third Party Diagnostic Centres empaneled and/or associated with Us are independent contractors and thereby, We have an independent contractor relationship with such Third Party Dentists, Third Party Dental Clinics and Third Party Diagnostic Centres and therefore, in no event, We will be directly or vicariously liable for any Reply, Information, advice or dental/ medical consultancy, treatment or any of its consequences or loss arising therefrom that the Third Party Dentists, Third Party Dental Clinics and/or Third Party Diagnostic Centres may provide to You or You may avail as part of the Services.

    4. The Reply, opinions, statements, diagnosis, prognosis, answers, prescriptions, in-person consultation, treatment and tele-consultations (collectively “Consultation”) provided by Third Party Dentists, Third Party Dental Clinics ,Third Party Diagnostic Centre and/or any dentist, consultant, specialist, professional, hospital, clinic, diagnostic centre or any other person registered through Our App are solely the individual and independent opinions,actions and statements of such Third Party Dentists, Third Party Dental Clinics and Third Party Diagnostic Centres and do not reflect the opinions of Toothfind.

    5. You acknowledge that although some of the content, blog, articles, text, data, graphics, images, information, suggestions, consultation, guidance, and other material (collectively, “information”) that is provided to You on the App (including the Replies and Information provided in direct response to Your Requests while using Services) may be provided by individuals in the dental profession, the provision of such information does not create a doctor/medical or dental professional-patient relationship, but is provided to inform You on various dental conditions, dental diagnosis, advice and treatment and it does not constitute a direct medical/dental diagnosis, treatment or prescription. Everything on the App should be used for information purposes only.

    6. As a User (patient) of the Services, You may fill up details about the dental problem such as upload  photos , videos, x-rays, reports and other visuals of the dental area affected, medical history, time since the problem persists, the location where you seek the Services and related details on Our App. We may provide some information to assist You in Your clinical decision-making which includes various options of medical conditions for User to choose Medical History from,      various options of dental problems to choose from and other related information. Please note that these options given are from a general perspective and do not cover every medical /dental condition. The User shall apply his own judgment while choosing from the options available and shall be solely responsible for the accuracy and correctness of that information. The User is expected to fill his detailed medical history in the Box of ‘Medical History Detail’. Your Request will be accessible to Us only in order to ensure that You have not uploaded any obscene, ethically objectionable, vulgar, pornographic or irrelevant/unrelated content. We do not have an option to edit Your Requests. In the event We find Your Request has any content that is vulgar, ethically objectionable, obscene, pornographic or otherwise irrelevant/unrelated, We may cancel Your Request and such cancelled Request will not be shared with the Third Party Service Provider. Please note that We do not and cannot verify or guarantee the authenticity, accuracy, completeness or genuineness of the Request shared by You and You shall be solely and entirely responsible if the Request is in any way not authentic, accurate, complete or genuine. 

    7. ToothFind will provide You with lists and/or profile previews (compiled with their basic Information to practice dentistry)  of Third Party Dentists, Third Party Dental Clinics and/or Third Party Diagnostic Centres who may be suitable to deliver the Services that You are seeking based on Information that You provide to ToothFind (eg:geographical location).The listing of Third Party Dentist, Third Party Dental Clinics and Third Party Diagnostic Centres on the App or Finder is dependent on the location that You enter on the App. The listing may change if You change the location. The listing of the Third Party Dentist, Third Party Dental Clinics or Third Party Diagnostic Centre does not represent any fixed objective ranking or endorsement by ToothFind. Toothfind will not be liable for any change in the relevance of the Third Party Dentist, Third Party Dental Clinics or Third Party Diagnostic Centre on search results, which may take place from time to time.Toothfind has an automated software where Third Party Service Providers may be allotted in various categories according to the specialization entered by them. Toothfind in no event will be held responsible for the accuracy and the relevancy of the listing order of the Third party Service Providers on the App. While choosing Your Third Party Dentist, Third Party Dental Clinics and/or Third Party Diagnostic Centre on the ToothFind App, You understand and accept that You are ultimately responsible for choosing Your own Third Party Service Provider at Your own risk and ToothFind shall not be held responsible or liable for the selection of such Third Party Service Providers and any loss or damage suffered by You arising out of such selection. 

    8. You take full responsibility for ensuring that the information submitted is accurate and We shall not make any effort to validate any information provided by You for using the Services with respect to content, correctness or usability. We and/or the Third Party Service Providers, with an intention to provide the best Services possible, could ask You to share more information as and when needed. 

    9. As a User (patient), after You send a Request, You may Resend it Yourself to the Third Party Service Provider of Your choice, or You may choose the option of ‘Let Toothfind Help Me’. “Let Toothfind Help Me” is a facility/service which allows Toothfind to send Requests of Users (patients) to any Third Party Service Provider which Toothfind deems proper.In cases where You have not chosen “Let Toothfind Help me” facility & Your selected third Party Service provider is not available or does not Reply, We may contact you and direct Your Request to other Third Party Service Providers after taking Your approval for the same. If You give approval when contacted OR avail “Let toothfind Help Me” facility, You authorize Toothfind to select Third Party Service Provider/s for Your Request. The use of such facility by You does not, in manner, negate or dilute Toothfind's position as an intermediary and does not, in any manner, impose any liability on Toothfind with respect to Information uploaded by User, including Requests sent by patients and Reply received from the Third Party Service Provider nor will it create any Patient-Doctor relationship with Toothfind. If you elect to use the facility “Let Toothfind Help Me”, You allow Toothfind to assign Your Request to Third Party Service Provider/s that Toothfind deems proper and this shall not be construed as an endorsement or recommendation of any Third Party Service Provider and/or any opinion of such Third Party Service Provider. It shall be solely Your responsibility if You act on the Reply received from the Third Party Service Provider, whether chosen by You or suggested by Toothfind.

    10. The notifications relating to Your Requests, Replies, reward points, subscription plans, OTP for password reset, new appointments, reminder for appointments, payment & other customised notifications sent at Our discretion will be sent to Your mobile number registered on Our App. It is Your responsibility to ensure that You provide the correct and working contact number for the registration. However, there is no guarantee that these notifications will be sent to You in a timely manner.

    11. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC THIRD PARTY DENTISTS(S), THIRD PARTY DENTAL CLINICS, THIRD PARTY DIAGNOSTIC CENTRES, TESTS, PRODUCTS, POLICIES, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE APP. RELIANCE ON ANY INFORMATION PROVIDED ON THE APP IS SOLELY AT YOUR OWN RISK. IN CASE OF ANY MEDICAL EMERGENCY, KINDLY CONTACT YOUR NEAREST DOCTOR/HOSPITAL OR ANY RELATED HELPLINE.

    12. THE INCLUSION OF PROFESSIONALS, SPECIALISTS, HOSPITALS, CLINICS, THIRD PARTY DENTISTS, THIRD PARTY DENTAL CLINICS AND/OR THIRD PARTY DIAGNOSTIC CENTRES ON THE APP DOES NOT IMPLY RECOMMENDATION OR ENDORSEMENT OF SUCH PROFESSIONALS, SPECIALISTS AND/ OR THIRD PARTY DENTISTS, THIRD PARTY DENTAL CLINICS, THIRD PARTY DIAGNOSTIC CENTRES NOR IS SUCH INFORMATION INTENDED AS A TOOL FOR VERIFYING THE CREDENTIALS, QUALIFICATIONS, LICENSES, PERMITS, LEGAL STATUS OR ABILITIES OF ANY PROFESSIONAL, SPECIALISTS, THIRD PARTY DOCTORS, THIRD PARTY DENTAL CLINICS AND/OR THIRD PARTY DIAGNOSTIC CENTRES CONTAINED THEREIN. SUCH INFORMATION IS PROVIDED ON AN ‘AS-IS’ BASIS AND WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.

    13. Toothfind, (the partners and the employee staff of Toothfind) accept no responsibility for any medical/dental, legal or financial events or outcomes related to the Services availed through the use of the App.

    14. We make no warranty that the Services or functionalities of App will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure or error free. This includes loss of data or any service interruption caused by Our employees and service interruption due to any technical or network errors. 

    15. YOU SHALL BE SOLELY LIABLE FOR YOUR DEALINGS AND INTERACTION WITH PATIENTS, THIRD PARTY DENTISTS, THIRD PARTY DENTAL CLINICS OR THIRD PARTY DIAGNOSTIC CENTRES (AS THE CASE MAY BE) CONTACTED OR MANAGED THROUGH THE APP AND WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY IN THIS REGARD. WE DO NOT GUARANTEE OR MAKE ANY REPRESENTATION WITH RESPECT TO THE CORRECTNESS, COMPLETENESS OR ACCURACY OF THE INFORMATION OR DETAIL PROVIDED BY SUCH CLIENT, CUSTOMER, PATIENT, DENTIST, DENTAL CLINIC, DIAGNOSTIC CENTRE, HOSPITAL, USER OR ANY THIRD PARTY SERVICE PROVIDER THROUGH THE APP. THE SERVICES SHOULD NOT BE USED FOR EMERGENCY PURPOSES AND IF USED, YOU AGREE TO TAKE FULL RESPONSIBILITY AND LIABILITY FOR THE CONSEQUENCES THEREOF.

    16. Toothfind may, at its sole discretion, with or without any reason, suspend User’s, Third Party Dentist’s, Third Party Dental Clinics or Third Party Diagnostic Centre’s ability to use or access the App. Toothfind has the right to check the authenticity (by help of outside sources) or edit profiles of Third Party Service Providers to make them more suitable for patient/ Users searches on the App.  If Third Party Dentists, Third Party Dental Clinics Third Party Diagnostic Centres and/ or Users find any wrong information on the App in relation to such Third Party Dentists, Third Party Dental Clinics ,Third Party Diagnostic Centres and/ or User, contact Us immediately for such corrections. Toothfind shall have no liability or responsibility in this regard.

    17. As with any medical/dental procedure, there are potential risks associated with using the Services. By using the Services, You agree to abide by these Terms of Use, Privacy Policy and bear the risks associated with online medical/dental Consultation including without limitation to giving Reply, advice or suggestions based solely on the Information being put in by the User (patient), while relying on the assumption that Information given is true, accurate and authentic, the inability to carry out a physical/ clinical examination, to see X-rays, or other extensive investigations, delays or failure arising from the disruption of communication devices, the insufficient quantity and uncertain nature of the Information transmitted online, lack of access to Your dental/ medical records or dental/ medical history amongst others and the inherent risks of breach of privacy associated with sharing Your sensitive personal Information or medical Information through the App.

    18. All Dental consultation shall be provided to You by the concerned Third Party Service Provider directly and they shall be solely responsible for compliance with all requirements applicable to their professional services provided to You and liable to You for all dental consultation, dental advice, diagnosis or treatment, or any other Information recommended or provided to You.We cannot assure that all transactions will be completed nor do We guarantee the ability or intent of  Third Party Service Providers to fulfil their obligations in any transaction.

    19. By requesting a Consultation through  Third Party Dentists, Third Party Dental Clinics and/or Third Party Diagnostic Centres, You further acknowledge and agree that-

  1. in case where there is a difference of opinion among Third Party Dentists, Third Party Dental Clinics or Third Party Diagnostic Centres and some other doctor, who is not Our Third Party Service Provider, whom You have consulted, You would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment;

  2. the Third Party Dentist, Third Party Dental Clinics and/or Third Party Diagnostic Centres is reliant on Information provided by You and hence, any Information demonstrated to have been falsified, misleading, incorrect,  inaccurate or incomplete will immediately render the Reply, opinion/consultation and all details therein null and void;

  3. in rare cases, the Third Party Dentist may feel that the query may not be answerable without physically examining the patient/ Users and the consultation may be refused forthwith; 

  4. in rare cases if Your selected Third Party Service Provider has changed his registration which is not reflected on App, We will direct Your request to the new registration without informing You.

  5. in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information;

  6. delays in medical evaluation and Replies, cancellation or no show by the Third Party Dentist or rescheduling of appointment could occur due to deficiencies or failures of the patient or Third Party Service Providers and in that event, Toothfind shall not be liable for any loss or  damage due to such deficiencies or failures.

  7. In case of any misbehaviour or misconduct by the patient and/or Third Party Dentist or his staff, Toothfind shall have no liability in this regard.


 

  1.   The absence of any information and/or warning pertaining to the dental consultancy services shall not be considered and assumed as an implied assurance of Toothfind.


 

  1. Dental Diagnostic Services

    1. We merely act as a facilitator through Our App as a platform and facilitate the Users to avail dental diagnostic services offered by Third Party Diagnostic Centres . We  shall not be responsible for any sample collected, tests conducted,  reports generated and/or any other related services provided by the Third Party Diagnostic Centres and do not deal with any of Third Party Diagnostic Centres’ client or patient managed by Third Party Diagnostic Centres through the App. We only provide facilitation services to the Users through the App. Use of the App may require the Third Party Diagnostic Centres to use software and the Third Party Diagnostic Centres have to ensure the procurement of such software from the concerned providers. User and the Third Party Diagnostic Centres agree to use the App and the materials provided therein only for purposes that are permitted by: (a) these terms; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.

    2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THIRD PARTY DIAGNOSTIC CENTRES ALONE SHALL BE LIABLE FOR THIRD PARTY DIAGNOSTIC CENTRES’ DEALINGS AND INTERACTION WITH THE USERS WHO AVAIL THE SERVICES OF THE THIRD PARTY DIAGNOSTIC CENTRES CONTACTED OR MANAGED THROUGH US AND WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY IN THIS REGARD. WE DO NOT GUARANTEE OR MAKE ANY REPRESENTATION WITH RESPECT TO THE CORRECTNESS, COMPLETENESS OR ACCURACY OF THE INFORMATION OR DETAILS PROVIDED BY SUCH USER, THIRD PARTY DIAGNOSTIC CENTRES OR ANY THIRD PARTY. THE SERVICES SHOULD NOT BE USED FOR EMERGENCY APPOINTMENT PURPOSES AND IF USED, YOU AGREE TO TAKE FULL RESPONSIBILITY AND LIABILITY FOR THE CONSEQUENCES THEREOF.

    3. Toothfind may, at its sole discretion, with or without any reason, suspend Third Party Diagnostic Centres or Users ability to use or access the App. Toothfind has the right to edit profiles of Third Party Diagnostic Centres to make them more suitable for package searches on the App. If Third Party Diagnostic Centres and/ or Users find any wrong information on the App in relation to such Third Party Diagnostic Centres and/ or User, contact Us immediately for such corrections. Toothfind shall have no liability or responsibility in this regard.

    4. You acknowledge and agree that You bear the responsibility to decide on the Third Party Diagnostic Centre/s from which You would like to avail the dental diagnostic services. The inclusion or availability of Third Party Diagnostic Centres on the App does not imply advertisement, recommendation or endorsement of such Third Party Diagnostic Centres.

    5. Toothfind will not be liable if patient is negligent and delays receiving treatment and condition deteriorates

    6. The absence of any information and/or warning pertaining to the dental diagnostics services shall not be considered and assumed as an implied assurance of Toothfind.


 

 

 

  1. Payment, coupons, fees and taxes

    1. As a Third Party Service Provider, Registration on the App and receiving patient Requests is free,and providing the Services is subject to Your payment of the applicable fees/charges, depending upon the subscription plan chosen by You. As a User (patient), You are eligible for free consultation with any Third Party Service Provider through Our App. As a User (patient), You agree to make payments directly to the respective Third Party Service Providers for the treatment or Consultation when You visit the Third Party Service Provider. You agree and acknowledge that You shall not hold Toothfind and its affiliates responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of Third Party Service Providers for any actions/ omissions which are beyond the control of Toothfind.

    2. If You are registered as a patient on Our App, the Replies that You receive for Your Requests from the Third Party Service Providers are free for the patient. If You as a patient visit a Third Party Service Provider, then You can make the payment for the treatment or Consultation from the Toothfind app wallet. If You are a Third Party Service Provider registered on Our App, You are eligible to give the first Reply to a Patient’s Request for free. You may be eligible for additional free (gift ) Replies at Our sole discretion. Afterwards, for making any subsequent Replies, You will have to subscribe to Our plans.

 

  1. Toothfind Dental Gift Cash

For Users(patients)

  1. Toothfind Dental Gift Cash is a grant of benefit in the form of credits in the Toothfind wallets of the Users (patients)(“Gift Cash”) in the form and under such circumstances decided by Toothfind from time to time. Gift Cash can be redeemed by the User only to pay through the Toothfind App for any in-person treatment from Toothfind verified Third Party Dentist (“Permitted Services”).  When You pay the Gift cash to any Third Party Service Provider through the Toothfind App, You do so by entering the registered mobile number of the Third party Service Provider and the payment is transferred to that number’s wallet plus account by  automated software. It is Your responsibility to ensure that You send the Gift Cash to the right number and Toothfind will not be responsible for any loss or damage or liable for any refund in this regard. Every time a User using      (i) Android version 4.31 or above; or (ii) iOS version 4.24 or above of the ToothFind mobile application; or (iii) the Toothfind website (www.toothfind.com), uses Gift Cash to pay online for any of the Permitted Services availed by him/her or any other person, the User may redeem the whole or part of the Gift Cash.

  2. As a User (patient), You can neither convert the Gift Cash to actual money nor can such Gift Cash be transferred to any bank accounts.

  3. The Gift Cash received by each User(patient) may or may not have an expiry date associated with it and the said expiry date is subject to the following:

  1. The expiry date associated with Gift Cash may vary from time to time. However, the same cannot exceed beyond 3(three) months.

  2. The expiry date of Gift Cash may be intimated to each User by way of SMS or e-mail or in-App notification on the Toothfind App

  3. The expiry date of Gift Cash can be viewed by each User in the notifications in the Toothfind App

  4. The User acknowledges that Toothfind has agreed to offer Gift Cash in its sole discretion & is not under any obligation for the same. Nothing in these Terms shall be interpreted to restrict Toothfind’s right to withdraw the Gift Cash before the expiry date.

  1. Toothfind reserves its discretion to deny Gift Cash to any User in its sole discretion, notwithstanding compliance by such User of the requirements set out in the Terms, applicable law or otherwise.

 

For Third Party Service Providers

  1. As a Third Party Service Provider, You can receive the Gift Cash from the User (patient) in Your wallet-plus only if You are actively subscribed to Our plan/s OR You have at least one Reply remaining in Your subscription. 

  2. As a Third Party Service Provider, You can transfer the Gift Cash received in Your wallet-plus to Your bank account only if You have an active subscription plan. You will be eligible to make a transfer to Your bank account only once per subscription, if You have subscribed to Our plan consisting of five Replies. You will be eligible to make a transfer to Your bank account only twice per subscription, if You have subscribed to Our plan consisting of eleven Replies.

  3. If your Replies in the subscribed plan are consumed and You have not used the bank transfer facility, in such a case, the transfer facility will also get cancelled and shall not be carried forward. The bank transfer facility is available only with an actively subscribed plan with Us. 

  4. We do not take any of your bank account details and Bank account transfer is facilitated by sending money to the UPI ID that you provide to us. It is Your responsibility to give the correct Upi id , and Toothfind is not responsible for any loss /damage or liable for any refund due to wrong Upi id provided. 

  5. We hold authority to approve or deny your transfer to bank account requests. In case your bank transfer request is denied by us, Your wallet-plus balance of that request will be reverted and your transfer facility for that subscription will get reactivated.


 

  1. Coupons : Third Party Service Providers are eligible for coupons. Every Toothfind coupon gifted to a Third Party Service Provider on Our App represents 200 reward points and can be viewed in the designated page for Toothfind Rewards. This coupon can be redeemed in group with other coupons when the total value exceeds 1500 points. Group of coupons exceeding 1500 point when redeemed will be converted into withdrawable cash and transferred to Toothfind wallet-plus (every point redeemed will represent 0.1Rs/10 Paisa ). Such coupons are subjected to expiry in 15 days. Toothfind reserves its discretion to deny/temporarily or permanently suspend Coupons to any User in its sole discretion, notwithstanding compliance by such User of the requirements set out in the terms, applicable law or otherwise. 

  2. Each User / Third Party Service Providers are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. We are in no way responsible or liable for any of such taxes, compliances, registrations and reporting except for Our own taxes, compliances, registrations and reporting.

  3. Toothfind reserves the right to modify the coupon/fee/payment structure/subscription plans by providing on the App, which shall be considered as valid and agreed communication.

  4. In case Your account is deleted, suspended or terminated, (or You change Your phone number) balance of rewards and wallet/-plus will get permanently invalidated and deleted with no dues & liability from Toothfind.

    7.User Conduct


 

  1. As a User and/or Third Party Service Provider, You agree, undertake and confirm to use Our App only to post and upload content that is proper. By way of examples, and not as limitation, You shall not host, display, upload, modify, publish, transmit, update or share any information which-

  1. belongs to another person and to which You do not have any right; 

  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

  3. is false and/or misleading in any way;

  4. infringes upon or violates any third party rights, including, but not limited to, intellectual property rights, rights of privacy or rights of publicity;

  5. tries to gain unauthorized access to the App or to profiles, blogs, communities, account information or other areas  or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

  6. impersonates another person;

  7. engages in commercial activities and/or sales, without Our prior written consent ;

  8. interferes with another user’s use and enjoyment of Our App;

  9. violates any law for the time being in force;

  10. contains viruses, spams, corrupted files or any other software which may potentially damage Our App;

  11. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;

  12. violates, abuses, or exploits any of the terms  of Our App.

 

  1. You are also prohibited from:

  1. violating or attempting to violate the integrity or security of the App or any Content;

  2. transmitting any information (including job posts, messages and hyperlinks) on or through the App that is disruptive or competitive to the provision of services by Toothfind;

  3. intentionally submitting on the App any incomplete, false or inaccurate information;

  4. making any unsolicited communications to other Users, patients etc;

  5. attempting to decipher, decompile, disassemble or reverse engineer any part of the App; and

  6. copying or duplicating in any manner any information available from the App; 

  1. You further agree that You shall not make or publish any defamatory content against Toothfind on any social media platform or any other public platform/place and/or in any other manner whatsoever. Toothfind reserves the right to immediately suspend Your account with Toothfind and initiate appropriate legal proceedings against You for such defamatory content.

  2. You are entirely responsible for the content that You post and/or upload on Our App. You agree to accept responsibility for all activities that are carried out under Your name, including any content stored, posted or otherwise transmitted through Your account even when certain content is posted by others through Your name and/or user account, with or without Your knowledge of such post. Toothfind shall not be liable to You or any other person in any way or in relation to the contents of or otherwise in connection with, its App.

  3. Except as expressly provided in these terms, no part of Our App and no content shall be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Toothfind’s express prior written consent. 

  4. In case of non-compliance with any applicable law(s), rules or regulations, or these Terms of Use or the Privacy Policy by a User, Toothfind has the right to immediately terminate the access or usage rights of the User to the Services and to immediately remove non-compliant information from the App.


 

  1. Liability


 

  1. The facilities provided by Toothfind or any of its licensors or providers or Third Party Service Providers are provided ‘as is’, as available, and without 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). Toothfind does not provide or make any representations, warranties or guarantees, express or implied about the App or the Services. The Users and/or Third Party Service Providers are collectively referred to as   “Other Parties”.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW(S), TOOTHFIND DISCLAIMS ALL LIABILITY ARISING OUT OF THE OTHER PARTIES’ USE OR RELIANCE UPON THE APP, THE SERVICES, THE CONTENT, REPRESENTATIONS AND WARRANTIES MADE BY THE OTHER PARTIES ON THE APP OR ANY LOSS ARISING OUT OF THE MANNER IN WHICH THE SERVICES HAVE BEEN RENDERED.

  2. Toothfind disclaims any liability in relation to the validity of the dental or medical advice or Reply provided by the Third Party Service Providers and the validity and legality of the e-prescription for dispensation of medicines and conduct of dental diagnostic tests. All liabilities arising out of any wrong diagnosis of dental condition by the Third Party Service Provider and/ or arising from the e-prescription will be of the concerned Third Party Service Provider. 

  3. ToothFind takes no responsibility / liability for -              

a) the ability or intent of the Third Party Service Provider or the lack of it, in fulfilling their obligations towards Users;

b)   any wrong medication or treatment or any medical negligence on part of the Third Party Service Provider

c) negligence on part of the patient by delaying treatment causing change/deterioration of condition of the concerned problem.

d) any difference in treatment procedures or costs from those agreed in the Reply versus when User visits the Third Party Service provider

e)any User deciding to engage with a Third Party service Provider to procure services or engage in communication, exchange of money for services outside of the ToothFind platform.




 

  1. Toothfind shall not be responsible for the mishaps/missed Services due to no service/no show from the Other Parties; Toothfind shall not be responsible for any error, shortcoming, fault or deficiency in any of the Services being provided by the Third Party Service Providers.

  2. Toothfind assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Other Parties’ device or equipment on account of the Other Parties’ access to, use of, or browsing the App or the downloading of any material, data, text, images, video content, or audio content from the App. If any of the Other Party is dissatisfied with the App, the sole remedy of such Other Party(s) is to discontinue using the App.

  3. To the maximum extent permitted by applicable law(s), Toothfind, its partners, employees, service providers, consultants, licensors, agents, and representatives, and each of their respective partners, officers or employees (“Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to (i) the use of, or the inability to use, the App or the content, materials and functions related thereto; (ii) User's provision of information via the App; even if such Entities has been advised of the possibility of such damages.

  4. In no event shall the Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products, policies or Services by a Third Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Third Party Service Providers; or (ii) any content or information posted, transmitted, exchanged or received by or on behalf of any User, Third Party Service Providers or other person on or through the App.(iii) Loss due to entering wrong upi id, 

  5. With respect to the Dental Consultation Services, Toothfind may decide the Third Party Service Provider to whom the Request should be directed based on the information shared by the User. However, in no event Toothfind shall be held liable for the losses attributable to such decision making and in no event shall Toothfind be liable for any Consultation provided and/or e-prescription issued by the Third Party Service Provider by using the interface of online/offline dental consultancy.

  6. The Users acknowledge that Toothfind merely acts in the capacity of facilitator between the Other Parties by providing a platform for them to interact and transact. In no event shall Toothfind be held liable for any of the losses attributable to Services offered through the App.

  7. In no event shall the total aggregate liability of Toothfind to any Other Parties for all claims, demands, damages, losses, causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise), costs, expenses whatsoever arising from these Terms of Use, Privacy Policy or any Other Parties’ use of the App exceed an aggregate amount of INR 1000/- (Indian Rupees One Thousand only). Toothfind accepts no liability for any errors or omissions on behalf of the Other Parties.

  8. In no event shall Toothfind be liable for failure and/or deficiency on the part of the Users or Third Party Service Providers to provide agreed Services or to make himself/ herself available at the appointed time, cancellation, delay or re-scheduling of appointments as the case may be. In no event shall Toothfind be liable for any comments or feedback given by any of the Users in relation to the Services provided by a Third Party Service Providers.

  9. The Other Parties agree to defend, indemnify, keep indemnified and hold harmless Toothfind and the Entities from and against any and all claims, demands, losses, liability, damages, costs and/or expenses (including, but not limited to, attorney fees and costs) arising from or related to (a) Other Parties’ access to or use of the App; (b) Other Parties’ violation of these Terms of Use or any applicable law(s); (c) Other Parties’ representations and warranties being untrue (d) Other Parties’ violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (e) Other Parties’ conduct in connection with the Services through the App.


 

  1. Disclaimer

We do not endorse or warrant the existence, conduct, performance, quality, legality or suitability of any Third Party Service Provider and we do not warrant that verification, identity or background checks conducted on Third Party Service Providers (if any) will identify past misconduct or prevent future misconduct. Any references to a Third Party Service Provider being "verified" (or similar language) indicate only that the Third Party Service Provider has uploaded the requisite qualification, licenses, permits and certification documents on the Toothfind App and nothing else.


 

  1. Third Party Links and Advertisements on the App 

The App may contain links to third party websites or advertisements by third parties given by their sole discretion that are not maintained or controlled by Us.Toothfind shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the App.  

We do not recommend, represent, warrant or endorse any Third Party Service Provider, procedures, opinions, content, goods/items or services or any other Information including health-related products, items or services; and the appearance of materials on the App relating to any such entity, products, items or services is not an endorsement or recommendation of them.

In the event You choose to avail any such services that are made available on the application, You are doing it at Your own Risk and You will be absolutely and solely responsible for Your interactions with those providers. ToothFind shall not be held responsible for any legality, lapses, shortcomings or deficiency of services by such service providers to You.


 

  1. Modification of the App

Toothfind reserves the right to modify or discontinue, temporarily or permanently, the App or any features or portions thereof without prior notice. Other Parties agree that Toothfind and/or Entities will not be liable for any modification, suspension or discontinuance of the App or any other part thereof.


 

  1. Intellectual property rights

All the intellectual property used on the App, except those which have been identified as the intellectual properties of the Oother Pparties, and those which have been obtained from publicly available sources of the internet  shall remain the exclusive property of Toothfind. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the App or features that prevent or restrict use or copying of any materials or enforce limitations on use of the App or the materials therein. The materials on the App or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.


 

  1. Force Majeure

For the purpose of this  clause, “Force Majeure” means and includes any Vis Major (act of God) and also any circumstance beyond the reasonable control of the Parties hereto, including without limitation, the following: any act of nature or the public enemy, accident, explosion, fire, storm, earthquake, flood, drought, perils of the sea, casualty, pandemic, strikes, lock-outs, labor troubles, riots, sabotage, embargo, war (whether or not declared), governmental laws, regulations, orders, or decrees, unavailability of raw material or seizure.

Other Parties agree and acknowledge that Toothfind shall not be liable for any loss or damage caused to the Other Parties as a result of a Force Majeure event. In the event of Force Majeure, Toothfind, will depending on whose performance has been impacted under the Terms of Use, give notice to the Other Party(s) of the facts which constitute the Force Majeure event.


 

  1. Termination

Other Parties agree that Toothfind, with or without any reason, may immediately terminate the Other Parties’ access to the App, without prior notice. Without limiting the foregoing, Toothfind may terminate or temporarily suspend the User or Third Party Service Provider’s access to the App for any reason, including without limitation a) breach or violation of any of the contractual obligations agreed with Other Parties, including these terms b) there is a request by law enforcement or other government agencies, or c) in case of unexpected technical issues or problems. Other Parties agree that all terminations of access to the App shall be made at the sole discretion of Toothfind and that Toothfind shall not be liable in any manner whatsoever either to such Other Parties or any third party for any termination of access to the App. If your account is terminated (or You change Your phone number) , all Your activity details & its history, records including all Requests and their Replies , booked appointments with their details, all subscription plans including current plan and previous plan history,  balance of rewards and wallet/-plus will get permanently invalidated and deleted with no dues & liability from Toothfind.


 

  1. Severability

In the event that any provision of these terms is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes close to the intention underlying the unenforceable provision.


 

  1. Governing Law and Dispute Resolution

These terms are governed by the laws of India without giving effect to any principles of conflict of laws. Any legal action or proceeding related to Other Party(s) access to, or use of, the App and/or Services or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Pune, Maharashtra, India.


 

  1. Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the contact details of the Grievance Officer are provided below: 

Name: Mubina Sabunwala

e-mail : infizonpartners@gmail.com

 

 

 

PRIVACY POLICY

 

Infizon, a partnership firm incorporated under the Partnership Act, 1932 (“Us”, “We”, “Our” or “Toothfind”) is the author and publisher of the internet resource www.toothfind.com as well as the software and applications provided by Us i.e ‘ToothFind’. The website www.toothfind.com and the application ToothFind are collectively referred to as the “App”. 

 

This Privacy Policy applies to all current and former user/s accessing, registering on or using Our App, or otherwise engaging with us through email or other means (hereinafter referred to as “You” or “Your” or “User”). By visiting Our App and/or using or accessing all or any portion of the Services (as defined in the Terms of Use) in any manner, You accept all of the terms and conditions of this Privacy Policy. Your continued access of the App shall be deemed to be Your approval and acceptance to all the terms and conditions of this Privacy Policy and the changes thereof. You acknowledge and agree that We may collect, use and share Your information in accordance with the terms and conditions of this Privacy Policy.

 

This Privacy Policy is published in compliance with Section 43A of the Information Technology Act, 2000, Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

 

This Privacy Policy sets out how Toothfind uses and protects any Information that You give to Toothfind while using the App. Toothfind is committed to ensuring that Your privacy is protected. Toothfind may change this Privacy Policy from time to time at its sole discretion. You should check this page from time to time to ensure that You are updated with any changes. 

 

This Privacy Policy deals with information We collect in relation to Our App and explains: 

a. The type of Information collected from User ;

b. How We collect and use that Information; and

c. How We process, share and protect that Information; 

 

CONSENT

 

You acknowledge that You are providing Your Information out of Your free will. You hereby consent to Our collection, recording, storage, use, sharing and disclosure of Your Information as described in this Privacy Policy. If You do not agree with this Privacy Policy at any time, do not use any of the Services or give Us any of Your information. 

 

You hereby represent that You are competent to contract. You also represent and warrant that You are not a person barred from receiving the Services under the laws of India or other countries including the country in which You are resident or from which You use the Services.

 

If You provide Information for and/or on behalf of someone else (such as Your child and/or any person who is incompetent to enter into an agreement, friend or relative), You represent that You are authorized by such individual to represent that individual and (i) accept this Privacy Policy on such individual’s behalf, and (ii) consent on behalf of such individual to Our collection, recording, storage, use and disclosure of such individual’s Information as described in this Privacy Policy. We shall act as per Your representation of authority and shall not make any independent enquiries to ascertain the veracity of Your authorization. In the event You do not have sufficient authorization, You shall be solely responsible for Your acts and omissions including sharing of Information with Us by You and the consequential processing and actions taken by Us in accordance with this Privacy Policy and Terms of Use.

 

If You are accessing or using the App from any location outside India, You do so at Your own risk, and will be solely liable for compliance with any local laws, as may be applicable.

 

INFORMATION WE COLLECT

 

For the purpose of this Policy, Information collected from the User is categorized as Personal Information and Sensitive Personal Data/Information. “Personal Information” shall mean and include without limitation any information that can be used to uniquely identify, contact or locate a person or can be made available from other sources to uniquely identify, contact or locate a person, information/content that is posted, stored, saved, downloaded, uploaded or is otherwise made available by the User. “Sensitive Personal Data/Information” shall include password, financial information, biometric information, medical records and history and any other details classified so by Us for using Our App. Personal Information and/or Sensitive Personal Data/Information shall sometimes be referred to as “Information” in this Policy. Information that is freely available in the public domain or accessible under the Right to Information Act, 2005 or any other law will not be regarded as Personal Information or Sensitive Personal Data/Information.

 

As a User (patient), We may collect Information that You voluntarily submit to Us while signing up/registering on Our App or when You wish to avail Services of Third Party Service Provider which include without limitation Your name, email address, login ID and password, address, location, gender, phone number, health or medical history and data, photos, videos, x-rays, reports of the dental area affected,  demographic information such as postcode, location, preferences and interests, data regarding Your usage of the Services such as search history and history of the appointments/Requests/rewards & wallet transactions/subscription details made by You through the use of Services and any additional information that You voluntarily choose to provide to Us or to Our Third Party Service Providers through any mode of communication or during any interaction. There may be instances where You make a Request to avail the Services of a Third Party Service Provider through the App for and on behalf of some other person (such as Your friend or relative). In that event, You may submit the Information including without limitation, the respective friend’s /relative’s name, email address, address, location, gender, phone number, health or medical history and data, photos, videos, x-rays, reports of the dental area affected,  demographic information such as postcode, location, preferences and interests and any additional information that You voluntarily choose to provide to Us or to Our Third Party Service Providers through any mode of communication or during any interaction. We collect this Information to provide customer support and service booking. Please note that the exact detailed address or location shared by You will not be shared with anyone, however the Third Party Service Provider will be disclosed with the area/locality of the location You enter on the App. We may also seek permissions to use camera, microphone, phone internal storage and phonebook/contact data at points where required.

 

As a Third Party Service Provider, We may collect Information that You voluntarily submit to Us while signing up/registering on Our App  which include without limitation Your name, name of the clinic/diagnostic centre, email address, login ID and password, address, location, gender, phone number, profile and clinic/ hospital/diagnostic centre pictures, data regarding Your medical qualifications, experience, registrations and certifications, specialisation details, clinic facilities, visiting hours, , demographic information such as postcode, location, preferences and interests, Data regarding Your usage of the Services such as search history and history of the appointments/Replies made by You through the App for providing   Services and any additional information that You voluntarily choose to provide to Us  through any mode of communication or during any interaction. We may also seek permissions to use camera, microphone, phone internal storage, and phonebook/contact data at points where required. We collect this information to enable You to provide Services through the App.

 

As a Third Party Dentist, We may also collect Information such as Your name, address, qualification, specialisation, phone number, e-mail address, profile photo, working hours, experience and other related information from publicly available sources of the internet or display boards and add it in Our software (collectively “Details”). We collect these Details to enable You to provide Services through the App. Such Details will be seen by the Users (patients) in the App. You may edit or modify such Details after registering on the App. If You wish to remove these Details from the App, You may notify us at contactus@toothfind.com. If You wish to claim any profile, You can do so from the App.Your profile is considered non-confidential and non-proprietary.

 

When You view or download content from Our App, We may automatically collect and store certain information such as internet protocol (IP) address, hardware settings, browser type, browser language, cookies, data caches or any other related information. We may collect and store device-related Information to help Us diagnose problems with Our server, resolve technical difficulties, deliver improved functionalities of Our App, provide relevant Services, promote/advertise Services, gather demographic information about Our User base and prevent the transmission of spam or viruses. We do not collect and store this information for any other purpose.

 

We also may collect information about Your activity on Our App, which might include frequency of visits to Our web site, average length of visits and pages viewed during a visit.

You understand that Your feedbacks, comments, ratings and any other related content You post on Our App or on any App store on any social media App or any other publicly accessible App relating to Us, Our App and/or Our Services forms part of public domain and are accessible to the public at large. All such sharing of Your information is done at Your own risk. We own all the rights, titles and interests in all such feedbacks, comments, ratings and any other related content You post as aforementioned and can use them in any manner at Our sole discretion.

 

HOW WE COLLECT THE INFORMATION

 

The methods by which We collect Your Information includes but are not limited to-

  1. when You sign-up /register on Our App; 

  2. when You create a profile on Our App or as part of Our Services;

  3. when You provide Your Information to Us including without limitation through chats, making a Request or Reply as the case may be and phone consultation (Toothfind may keep its electronic record); 

  4. when You use the features on Our App and/or when You use theServices; 

  5. when You access the App or Services 

  6. from publicly available sources of the internet, display boards, etc  and 

  7. by use of cookies

 

HOW WE USE THE INFORMATION

 

We may use the Information that is collected from You to provide requested Services and for Our internal business purposes, including, without limitation:


 

  1. Provide and improve Our Services and improve Your browsing experience  by customization of App;

  2. Registration of the User on the App;

  3. Notify You about Your Request/Reply/appointment/ Reward & Wallet activity 

  4. Complete transactions with the User & Third party Service Providers effectively, billing and processing payments for the Services provided;

  5. Delivery of personalized information; customised in-App notifications

  6. Verification of identity, professional credentials and representations of Users & Third party Service Providers and perform checks to prevent frauds;

  7. Help You address Your problems incurred on the App including addressing any technical problems;

  8. Contact You to provide You with information on new Services and offers, take feedback, assist You with completion of Requests/Replies/transactions or other issues relating to the use of Services;

  9. Internal record keeping;

  10. Contact You;

  11. Send You information about additional services and general wellness which We think may be of interest to You either directly from Us and/or on behalf of Our affiliates and Third Party Service Providers;

  12. Send marketing communications relating to Our business or the businesses of selected third parties which We think may be of interest to You;

  13. Conduct research using Your information, which may be subject to Your separate written authorization;

  14. To access, read, preserve, and disclose any Information that We reasonably believe is necessary to comply with law or court order; enforce or apply Toothfind’s Terms of Use and other policies/agreements; or protect the rights, property or safety of Toothfind. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction;

  15. debugging customer support related issues;

  16. to consult with another dentist or a specialist;

  17. Investigating, enforcing, and resolving disputes;

  18. Performing other functions as described to You at the time of collection or pursuant to Your consent.

 

You may request details of Your personal information which We use/process about You by writing to or emailing us at contactus@toothfind.com

 

DISCLOSURE OF INFORMATION

 

We are committed to maintaining Your trust and We want You to understand when and with whom We may share the Information We collect. We may disclose Your Information to-

  1. Users (patients);

  2. Third Party Dentists, Third Party Dental Clinics, Third Party Diagnostic Centres, doctors, laboratories, government agencies, or other entities/affiliates relevant to providing You with treatment options, support and other Services.

  3. Our research partners to conduct health-related research (such Information is anonymised and aggregated) 

  4. We may share Your Information in connection with a substantial corporate transaction, such as the sale of Our App, merger, acquisition, consolidation, asset sale, or in the unlikely event of bankruptcy or winding up.

  5. Respond to summons, court orders, legal process, law enforcement requests, legal claims or government inquiries and to protect and defend the rights, interests, health, safety, and security of Toothfind, Our affiliates or the public. If We are legally compelled to disclose Information about You to a third party, we will attempt to notify You by sending an email to the email address in Our records or by contacting You on the phone number in Our records unless doing so would violate the law and/or unless You have not provided Your email address or phone number to Us.

  6. We reserve Our right to investigate complaints or reported violations of the Privacy Policy and Terms of Use and to take any action We deem appropriate. Such action may include but not be limited to reporting any unlawful activity to law enforcement officials, regulators or other third parties. In addition, We may take action to disclose any Information necessary or appropriate to such persons or entities.

  7. We may share Information for fulfilling the purposes disclosed to You at the time We collect the information or pursuant to Your consent or direction.

  8. We may share information for enforcing Our Terms of Use and/or any other agreements, policies, including for billing and collection purposes.

 

SECURITY

 

We are committed to ensure that Your Information is secure. In order to prevent unauthorized access or disclosure, We have endeavoured to put in place best international market practices and technical measures and suitable physical, electronic and managerial procedures to safeguard and secure the Information We collect through Our App.  We restrict access of Information, to Our employees, affiliates, agents and service providers who need to know that information in order to process it for Us, and who are subject to strict contractual confidentiality obligations, and who may be disciplined or whose relationship with Us may terminate, if they fail to meet these obligations.

 

While We try Our best to provide security that is commensurate with the industry standards, because of the inherent vulnerabilities, We cannot ensure or warrant complete security of all Information that is being transmitted to Us by You. Further, We shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond Our reasonable control including but not limited to acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc. For any data loss or theft due to unauthorized access to the User’s electronic devices through which the User avails the Services, Toothfind shall not be held liable for any loss whatsoever incurred by the User.

 

The User is responsible for maintaining the confidentiality of the User's account, access information and password. The User shall be responsible for all uses of the User's account and password, whether or not authorized by the User. The User shall immediately notify Toothfind of any actual or suspected unauthorized use of the User's account or password at contactus@toothfind.com

 

RETENTION OF INFORMATION

 

If You wish to cancel Your account or request that We no longer use Your Information to provide Services, You may contact Us on contactus@toothfind.com. We will retain Your Information for as long as Your account is active with Us to provide the Services. We shall not retain such Information for longer than as required for the purposes for which the Information has been acquired or as may be required under the applicable law for the time being in force. After a period of time, Your data may be anonymized and aggregated, and then may be held by Us as long as necessary for Us to provide Services effectively and/or improve the Services, but Our use of the anonymized data will be solely for analytic purposes.

 

LINKS TO OTHER WEBSITES

 

Our App may contain links to other third party website/App (“Third Party Website”). However, once You have used these links to leave Our App, You should note that We do not have any control over that other Third Party Website nor the nature, content and availability of those Third Party Website. Therefore, We cannot be responsible for the protection and privacy of any Information which You provide whilst visiting such Third Party Website and such Third Party Websites are not governed by this Privacy Policy. You should exercise caution and look at the privacy policies applicable to the Third Party Website You visit. The inclusion of any links on Our App does not imply a recommendation or endorsement of the products, services, quality guarantee, information and/or views expressed within them.

 

COOKIES

 

Cookies are small text files which ask for permission to be placed on Your computer's hard drive. Once You agree, these files identify Your computer and analyzes web traffic or lets You know when You visit a particular site and records Your preferences and can tailor its operations to Your needs, likes and dislikes by gathering and remembering information about Your preferences. We use cookies to collect information so that We can determine how to improve Our App by seeing which areas, features and products are most popular, to personalize the App and to improve the User’s experience of using Our App. Overall, cookies help Us provide You with better content, by enabling Us to monitor which pages You find useful and which You do not.  Most browsers are automatically set to accept cookies. You can disable cookies or set Your browser to alert You when cookies are being sent. However, some areas of Our App may not function properly if You do so.

 

CORRECTING INACCURACIES OR UPDATING INFORMATION

 

You are responsible for maintaining the accuracy of the Information You submit to Us, such as Your contact information provided aspart of account registration. If Your Information changes, you may correct, delete inaccuracies, or amend such information by making the change on Your profile information page on the Toothfind App or by reaching out to Us at contactus@toothfind.com. We will make good faith efforts to incorporate the requested changes as soon as reasonably practicable. 

 

DISCLAIMER

 

We shall not be responsible in any manner for the authenticity of the Information supplied by the User as a Patient or as Third Party Service Providers, as the case may be, to Us. If a User provides any Information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or We have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate such User’s account at Our sole discretion.

 

We cannot ensure that all of Your Information including Personal Information will never be disclosed in ways not otherwise described in this Privacy Policy. As a User of the App, You assume all responsibility and risk for Your use of the App, the internet generally, and the information You post or access and for Your conduct on and off the App.

 

GOVERNING LAW

 

This Privacy Policy shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively with the courts at Pune, Maharashtra, India.

 

SEVERABILITY

 

In the event that any provision of these terms is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes close to the intention underlying the unenforceable provision.

 

GRIEVANCE REDRESSAL AND QUERIES

 

Should You have questions/grievances about this Privacy Policy, You may contact us at contactus@toothfind.com. We will use reasonable efforts to respond promptly to any requests, questions or concerns, which You may have regarding Our use of Your Information. If You have any queries or grievance with respect to Our use of Your information, You may communicate such grievance to the

Grievance Officer: Mubina Sabunwala

email: infizonpartners@gmail.com