Terms of Service

NeoDocs Terms of Service

1

Introduction

These terms of use (“Terms of Use”) govern your use of the online interfaces and properties (e.g., websites and mobile applications) owned and controlled by NeoDocs, Inc. (“NeoDocs”, “we,” “us,” and “our”), including the www.NeoDocs.in website (the “Site”), the NeoDocs mobile application (the “App”), and the services and products (jointly referred to as the “Products”) NeoDocs offers directly to users through the Site and the App. In these Terms of Use, we refer to the Site, App, and Products collectively as the “Services.” The terms “you” and “your” mean you, your dependent(s) if any, any other person accessing your NeoDocs Account, and your heirs, assigns, and successors. If you use the Services on behalf of another individual as permitted in Section 10 below, you represent and warrant that: (i) you have the authority to bind that individual, (ii) your acceptance of the Terms will be deemed an acceptance by that individual, and (iii) “you” and “your” herein shall refer to that individual, their heirs, assigns, and successors.

Before you use any of the Services, please read these Terms of Use and the NeoDocs Privacy Policy carefully. Your use of any of NeoDocs's Services indicates your acceptance of these Terms of Use and the Privacy Policy.

Privacy; Use of Your Information

You agree that we may process information we collect through the Services pursuant to the NeoDocs Privacy Policy, which is hereby incorporated and made a part of these Terms of Use.

Services Provided – No Medical Care or Advice by NeoDocs

NeoDocs offers (or may offer) certain Products for purchase through our Site and/or authorized online merchants:

Urine Test Kit: This product is only for patients who are 18 years of age or older.

Results of these tests can be obtained directly from our App by following the instructions provided in each of our test kits. Once you have received those results, you may want to contact a healthcare provider in order to obtain a medical diagnosis and advice about possible treatment options if your healthcare provider determines that you have a medical condition that requires treatment. While NeoDocs does not provide medical advice and does not recommend or endorse any specific healthcare providers, tests, physicians, medications, products, or procedures, our App contains information about telehealth providers you may want to consult to evaluate your test results and to consider possible treatment options. In selecting a healthcare provider, you should work with someone you trust, and you may want to consider working with a healthcare provider other than one of the providers whose information is available via the App. Please note that providers you can access from our App are not employed by NeoDocs, and NeoDocs disclaims any liability arising from their advice or services. In all instances, the providers, and not NeoDocs, are responsible for the quality and appropriateness of the care they render to you. The providers are independent of NeoDocs and are merely using the App as a way to communicate with you. Any information or advice you receive from a provider comes from them alone and not from NeoDocs. Your interactions with providers via the App are not intended to take the place of your relationship with your regular healthcare practitioners or primary care physician. Neither NeoDocs, nor any of its subsidiaries or affiliates or any third party who may promote the Services or provide a link to the Services, shall be liable for any professional advice you may receive from a provider. You acknowledge that your reliance on any providers or information delivered by the providers is solely at your own risk and you assume full responsibility for all risks associated herewith. NeoDocs does not make any representations or warranties about the training or skill of any providers who deliver services via the Site or the App. You are ultimately responsible for choosing your particular provider. We may provide certain content in the Site or the App, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals. Such content is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by NeoDocs. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by NeoDocs, or in connection with any communications supported by NeoDocs, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While NeoDocs facilitates your selection of, and communications with, healthcare providers, NeoDocs does not provide medical services, and the doctor-patient relationship is between you and the healthcare provider you select.

Not for Emergencies

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL "112" IMMEDIATELY.

NeoDocs's Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Services.

If you believe you have an emergency, call 1-1-2 immediately. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition.

Risks of Telehealth Services

NeoDocs may offer you the ability to connect directly with a third-party healthcare provider through the Services. By using the telehealth feature of the App, you acknowledge the potential risks associated with telehealth services.

These risks include, but are not limited to:

• Information transmitted may not be sufficient to allow for appropriate medical decision making
• Delays in evaluation or treatment could occur due to equipment failures
• Lack of access to medical records may result in adverse reactions or judgment errors
• Security protocols could fail causing a breach of privacy of your health information

No Endorsements

NeoDocs does not endorse any specific healthcare provider, medication, pharmacy, or pharmacologic product. If you use and rely on third parties you learn about through NeoDocs, you do so solely at your own risk.

Not an Insurance Product

NeoDocs is not an insurer and does not otherwise provide insurance services or products. If you desire any type of health insurance or other insurance, you will need to purchase such insurance separately.

Availability of Services

The Services may not be available in your state. You represent that you are not a person barred from purchasing NeoDocs's products and/or services under the laws of the country or other applicable jurisdictions in which you may be located. Access to and use of the Services is limited exclusively to users located in States within India where the Services are legally available. Services are not available to users located outside India. Accessing Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.

Ordering and Purchasing of Products

Order Acceptance and Shipment

Your placement of an order for a NeoDocs product does not necessarily ensure that we will accept your order. We may require additional information regarding your order if you have not provided all the information required by us to process your order. Once a properly completed order and authorization of your form of payment is received, we will process your order and Product for shipment. If, for some reason, we determined that we cannot ship your Product(s) within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action. We do not accept orders from dealers, wholesalers or other customers who intend to resell items offered on our Site.

Typographical Errors and Incorrect Pricing

We reserve the right to cancel any orders placed for Products listed at an incorrect price due to typographical error or error in pricing information received from a third party. We also reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge. Risk of Loss All Products purchased from our Site / App are delivered to shipment carriers. The risk of loss and title for such Products pass to you when they are delivered to the carrier.

Risk of Loss

All Products purchased from our Site / App are delivered to shipment carriers. The risk of loss and title for such Products pass to you when they are delivered to the carrier.

Returns

You may return Products in accordance with our Returns Policy posted on our Site.

Online Payments

We may offer certain Products or services available for purchase on the Site. We accept credit and debit cards issued by Indian banks. If a credit card account is being used for a transaction, NeoDocs may obtain pre-approval for an amount up to the amount of the payment. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. You represent and warrant that, if you are making online payments: (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card or debit card.

Eligibility; Site Access

Users Setting Up Their Own Accounts In order to access the Site / App and the Services, you represent and warrant that: (i) you are at least 14 years of age, and (ii) you have the right to provide your information to NeoDocs in accordance with these Terms of Use and the NeoDocs In addition, you agree: (i) that you shall only purchase and use the Products in accordance with the eligibility criteria and age cut-offs set forth in Section 3 above, and (ii) to fully, accurately, and truthfully create your NeoDocs Account (“Account”) by providing correct and accurate information (e.g., your name, mailing address, phone number, email address, and password, which become your NeoDocs ID and credentials) and keeping such information current. You are solely responsible for maintaining the confidentiality of your NeoDocs ID and/or credentials, and for all activities that occur under such NeoDocs ID and/or credentials. You agree to prohibit anyone else from using your NeoDocs ID and/or credentials and agree to immediately notify NeoDocs of any actual or suspected unauthorized use of your NeoDocs ID and/or credentials or other security concerns of which you become aware. Your access to the Services may be revoked by NeoDocs at any time with or without cause.

Testing a Minor

Testing a Minor NeoDocs recognizes that in certain instances, a qualified adult may want to use the Services to obtain test results on behalf of and for the benefit of his/her/their child (a “Minor”) who has not reached the age required in Section 3 above for a user to use the Product in question. As used in the preceding sentence, “qualified adult” means the parent or legal guardian of the Minor in question. This person is sometimes referred to herein as a “Qualified Adult”. In the situation described in the preceding paragraph, the Qualified Adult shall be permitted to create a separate sub-account for the Minor. In each such instance, the Qualified Adult represents and warrants that he/she/they has/have the legal right and authority to act on behalf of the Minor in question and to provide with the personal and medical information required by NeoDocs and its partners to perform the Services for the Minor. Once a Minor reaches the age of 18, he/she/they shall be permitted to have his/her/their test results transferred to his/her/their own new account by emailing NeoDocs at: care@NeoDocs.in.

General Restrictions

You are prohibited from violating or attempting to violate the security of the Site / App, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site / App or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site / App, deep-link to any feature or content on the Site / App, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site / App. Violations of system or network security may result in civil or criminal liability. NeoDocs will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site / App or any activity being conducted on the Site / App.

Electronic Communications

When you use the Services, or send emails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that: (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. NeoDocs may contact you by telephone, mail, or email to verify your account information. NeoDocs may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Services until you provide the information requested. If you use our Services to communicate with a third-party healthcare provider, you acknowledge and accept the risks associated with transmitting health information through electronic communications channels.

Consent to Receive Calls

By providing your phone number, you are agreeing to be contacted by or on behalf of NeoDocs at the number you have provided. You further agree to receive calls and/or text messages with information related to Services (e.g., progress tracking, prescription fulfillment, appointment reminders, etc.). Please note, that by withdrawing your consent, some Site / App features and certain Services may no longer be available to you. Where you provide consent, we may also contact you at the phone number you provide with promotional content. You represent that you are the owner or authorized user of the device you use to sign up for telephonic communications, and that you are authorized to approve any applicable charges. You may not consent on behalf of someone else. If we communicate with you through text messages, we and our service provider may receive and store data about text messages exchanged, including the date and time of the text message, your phone number, and the content of the text messages. To opt out of promotional text messages, you must text “STOP” in response to any such text message. You agree that texting “STOP” in response to our text message is the only reasonable method of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than “STOP” or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. We may send you a text confirmation of your opt out. If you opt out of promotional text messages, we may still contact you about your transactions with us. By using the Services, you are providing your consent to receive telephone communications electronically. Please print or download these terms using your Internet-connected computer or device and web browser to retain a copy of your consent. You can withdraw your consent electronically. You may email us at care@NeoDocs.in to request a copy of your consent or revoke your consent.

You can withdraw consent by emailing care@NeoDocs.in.

Proprietary Rights; Additional Restrictions

The Site / App and the NeoDocs products are the property of NeoDocs, or its licensors or suppliers, as applicable. The Site / App and the NeoDocs products are protected by India and international copyright and trademark laws. Subject to these Terms of Use and the payment of all applicable fees, NeoDocs grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the Site / App. All rights not expressly granted to you in these Terms of Use are reserved and retained by NeoDocs or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site / App nor the NeoDocs products, nor any part of the Site /App or the NeoDocs products, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NeoDocs. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NeoDocs without express written consent. You may not use any meta tags or any other "hidden text" utilizing NeoDocs's name or trademarks without the express written consent of NeoDocs. You may not misuse the Services. You may use the Services only as permitted by law. Content available through the Site / App, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site / App may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by NeoDocs. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content or other proprietary information (including: images, text, page layout, or form) of NeoDocs without our express written consent.

Restrictions on Access by Minors

Except as set forth in Section 10 above, the Services are only for users who are 18 years of age or older (for the NeoDocs Urine test). If you have not reached those required ages, please do not use the Services.

Accuracy of Information; Functionality

Although NeoDocs attempts to ensure the integrity and accurateness of the Services, it makes no representations, warranties or guarantees with respect to the correctness or accuracy of the Site/App or descriptions of the Products and other content on the Site/App.

The Services may include typographical errors, inaccuracies or other errors. In the event that an inaccuracy arises, please inform NeoDocs so that it can be corrected.

NeoDocs reserves complete and sole discretion with respect to the operation of the Services. We may withdraw, suspend, or discontinue any or all functionalities or features at any time.

We are not responsible for transmission errors, corruption, or compromise of information carried over telecommunications carriers.

Links to Other Sites

NeoDocs makes no representations whatsoever about any other website that you may access through the Services. When you access a non-NeoDocs site, please understand that it is independent from NeoDocs.

A link to a non-NeoDocs website does not mean that NeoDocs endorses or accepts any responsibility for the content of the linked site.

It is up to you to take precautions to ensure that whatever you select for your use or download is free of viruses, worms, Trojan horses, and other destructive items.

User Information

If you submit any User Information, you agree not to provide any information that:

  • Is false, inaccurate, defamatory, abusive, unlawful, or harmful
  • Violates privacy, copyright, trademark, or intellectual property rights
  • Contains viruses or other harmful components

Regarding Minors:

If you submit information about a Minor, you represent that you have the right to do so and will indemnify NeoDocs against any claims arising from violation of the Minor's rights.

Prohibited Activities:

You agree not to:

  • Use the Services unlawfully or for unlawful purposes
  • Impersonate others or misrepresent your identity
  • Tamper with or hack the Site/App
  • Use robots or scripts improperly
  • Reverse engineer or decompile any code
  • Harvest health information about other users
  • Infringe on intellectual property rights

You agree to defend, indemnify, and hold harmless NeoDocs from all third party claims arising from any User Information you upload or transmit through the Services.

Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on the Site / App. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. NeoDocs respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to NeoDocs's Designated Copyright Agent, identified below.

  1. Identify the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  5. Provide your full legal name and your electronic or physical signature.

Send notices to: NeoDocs, 9, New Vora House Goregaon West, Mumbai-400063, MH, IN and email to care@NeoDocs.in

Intellectual Property

With the exception of your electronic medical record, NeoDocs and its licensors, as applicable, retain all right, title, and interest in and to the Services and any information, products, documentation, software, or other materials on the Site / App and the packaging of the NeoDocs products, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Services licensed by NeoDocs (in that case, the license provider retains all right, title, and interest therein). The information available through the Site / App is the property of NeoDocs or its licensors, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of NeoDocs trademarks, service marks, and logos are strictly prohibited without the prior written permission of NeoDocs, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site and/or App. Nothing contained on the Site and/or App should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site and/or App without the written grant thereof by NeoDocs or the third party owner of such trademarks, service marks, and/or logos. The Services may contain other proprietary notices and copyright information, the terms of which you agree to follow. NeoDocs may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.

Disclaimer of Warranties

NeoDocs DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, ARE PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. NeoDocs DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. NeoDocs DOES NOT WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

Limitation of Liability

EXCEPT AS PROVIDED BYLAW, AND WITHOUT LIMITATION: ‍ NeoDocs SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE HEALTHCARE PROVIDERS YOU MAY CONNECT WITH THROUGH THE SERVICES. NeoDocs IS NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF NeoDocs TO YOU WITH RESPECT TO YOUR USE OF THIS SERVICES IS $200 (TWO HUNDRED DOLLARS).

No Third Party Rights

Unless expressly stated in these Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, NeoDocs, and NeoDocs's affiliates. Nothing in these Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, NeoDocs, and NeoDocs's affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, NeoDocs, and NeoDocs's affiliates.

Assignment

You may not assign, transfer, or delegate the Terms of Use or any part thereof without NeoDocs's prior written consent. NeoDocs may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

Dispute Resolution; Arbitration

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. We will try to work in good faith to resolve any issue you have with the Site / App, including Products ordered or purchased through the Site / App, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

Binding Arbitration: You and NeoDocs agree that any dispute, claim or controversy arising out of or relating in anyway to these Terms of Use (including their formation, performance, and breach) or your use of the Site / App, and any Products ordered or purchased through the Site / App, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages. You agree that, by agreeing to these Terms of Use, the Indian Arbitration Acts governs the interpretation and enforcement of this provision, and that you and NeoDocs are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and NeoDocs. If you desire to assert a claim against NeoDocs, and you therefore elect to seek arbitration, you must first send to NeoDocs, by certified mail, a written notice of your claim ("Notice"). The Notice to NeoDocs should be addressed to: NeoDocs, Inc. Attn: Legal Dept. 9, New Vora House, Goregaon West, Mumbai-400063, MH, IN ("Notice Address") If NeoDocs desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by NeoDocs, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If NeoDocs and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or NeoDocs may commence an arbitration proceeding or file a claim in small claims court. Failure to engage in this 30-day informal dispute resolution process could result in the award of fees against you in arbitration. During the arbitration, the amount of any settlement offer made by NeoDocs or you shall not be disclosed to the arbitrator.

CLASS ACTION WAIVER: YOU AND NeoDocs AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and NeoDocs agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If there is a final judicial determination that applicable law precludes enforcement of this paragraph's limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. Exception – Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court's jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party's right to arbitration under this agreement. 30-Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: NeoDocs, 9 , New Vora House, Goregaon West, Mumbai-400063, MH, IN, ATTN: Legal. The notice must be sent within 30 days of March 25th, 2021 or your first use of the Services, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those provisions. If you opt-out of these arbitration provisions, NeoDocs also will not be bound by them. Changes to this Section: NeoDocs will provide 30 days' notice of any changes to this section. Changes will become effective on the 30th day. If you continue to use the Services after the 30th day, you agree that any unfiled claims of which NeoDocs does not have actual notice are subject to the revised clause. If this Agreement to Arbitrate provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect. Exclusive jurisdiction and venue for any claims not subject to arbitration will be in state or federal courts located in and for Mumbai, Maharashtra. You otherwise agree that the law of the state of Maharashtra governs these Terms of Use and any claim or dispute that you may have against us.

Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these Terms of Use or our Privacy Policy due to any event or occurrence beyond our reasonable control, including, without limitation, acts of God, terrorism, war, hacking, computer malfunction, cyber attacks, criminal interference, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

Indemnification

You agree to defend, indemnify, and hold harmless NeoDocs and its affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Services or any information posted on the Site and/or App (or our products); (ii) your breach of the Terms of Use or Privacy Policy.; (iii) the content or subject matter of any information you provide to NeoDocs or through the Services; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Services, or any information on the Site and/or App (or our products), including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

Application Support

All questions and requests relating to support in connection with the Services should be directed to NeoDocs. To submit a support request, please email us at care@NeoDocs.in . NeoDocs will use commercially reasonable efforts to respond to questions and provide support during M-F, 9:00 AM - 6:00PM (IST). Please note that we may change or remove functionality and other features of the Services at any time, without notice.

Modified Devices

NeoDocs will have no liability for errors, unreliable operation, or other issues resulting from use of the Services on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system.

Revisions

NeoDocs reserves the right, in its sole discretion, to terminate your access to all or part of the Services, with or without cause, and with or without notice. NeoDocs reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of the Services after such changes take effect will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access the Site / App so that you may be aware of any changes to these Terms. Except as explicitly provided herein, in the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to the Terms of Use, the Services, or your relationship with us must be filed within one (1) year or such claim shall be forever barred. That one-year statute of limitations shall begin to run on the date provided under applicable law. Notwithstanding the foregoing, the above statute of limitations shall not apply to residents of New Jersey. These Terms of Use constitute the entire agreement between NeoDocs and you pertaining to the subject matter hereof. In its sole discretion, NeoDocs may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site. Copyright/Trademark Information. Copyright ©2021 NeoDocs, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site /App are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

How to Contact Us

For questions about these Terms of Use, contact us at:

NeoDocs
9, New Vora House,
Goregaon West,
Mumbai-400063, MH, IN
Email: care@NeoDocs.in

Apple iOS App

For iOS App users, you acknowledge that:

  • The iOS App is for use only on your iOS devices
  • These Terms are between you and NeoDocs, not Apple
  • Apple provides no support/maintenance for the iOS App
  • Claims regarding the iOS App are solely between you and NeoDocs
  • Apple is not liable for any third-party IP claims
  • Apple is a third-party beneficiary with enforcement rights

You represent that:

  • You are not in a U.S. embargoed country or designated terrorist supporting country
  • You are not on any U.S. prohibited parties list
  • For warranty issues, you may contact Apple for refunds

Google App

For Google Play Store users, you acknowledge that:

  • These Terms are between you and NeoDocs, not Google
  • You must comply with Google Play Store Terms of Service
  • Google is only the app distributor, not responsible for the app
  • NeoDocs is solely responsible for the Google-sourced software
  • Google has no liability regarding the app or these Terms
  • Google is a third-party beneficiary for these Terms

Shipping and Refund Policy

Shipping:

  • Average shipping time: 5 days
  • Delivery within 2-7 days depending on destination and restrictions
  • For shipping queries: care@NeoDocs.in or +91-98336 94081

Refunds:

  • Contact care@NeoDocs.in for damaged/defective products
  • Refunds processed within 4-5 business days if approved