The given terms and conditions (“Terms of Use”) establish a legally binding agreement between You and Ardentous Technologies Private Limited (“The Company”), a private limited Company registered under Companies Act, 2013, owning, running and operating the website: www.ardentous.com, www.dental-stack.com /Application: Dental Stack (“Platform/Website). Any reference in the form of “we”, “us” and “our” would hereinafter refer to the Company. Any doctor/dentist/dental company registered on the Platform/Website and using the Services offered through the Platform/Website shall be termed as the “Medical Practitioner”, any reference to “You”, “Their”, “Them” shall hereinafter refer to the Medical Practitioner.
Scope and Applicability
These Terms of Use apply to you if:
You register Yourself on the Platform/Website as a Medical Practitioner.
access the Platform/Website and/or use the Services offered by such Platform/Website.
are above the age of 18 years.
The Company grants to the Medical Practitioner, a limited, non-transferable, non-exclusive, revocable and limited right to access and provide their services through the Platform/Website such as interacting with their patients, and track the treatment of their patients (“Services”). Doctors can either get assigned a patient through their organisation or they can invite a patient. The patients can also invite a doctor to use the Platform.
The Services may change from time to time at the sole discretion of the Company. Any such change shall be updated and reflected in these Terms of Use. You agree to review these Terms of Use periodically and make yourself aware of any change in Services that may occur. You shall not hold the Company responsible for any such change.
Account and Profile
If You choose to avail the services through the Platform/Website, You are required register and open and maintain an account and profile on the Platform/Website. You shall update Your profile and display your relevant license, medical registration number and other such professional and educational credentials.
You shall not charge the end users of the Platform/Website through the Platform/Website as any fee exchanged between the end user and You shall be external to the Platform/Website.
You shall at all times, keep the Account details including but not limited to Your username and password as confidential and prevent any third-party from unauthorisedly accessing and/or using Your Account. Any suspicious activity in the account or any misuse of the account which includes but is not limited to an unauthorized access to any third party, shall be treated as material breach and Your Account shall be liable for termination/suspension, in such case, at the sole discretion of the Company.
In the event, any confidential information is leaked through Your account, due to any act or omission, You shall be held liable for such leakage and the direct/indirect consequences arising from the same.
You shall not outsource the services You provide through the Platform to any third-party for commercial purposes or otherwise.
Subscriptions
We have the following subscription plans, which are subject to changes from time to time:
Starter Plan
Basic Plan
Professional Plan
Enterprise Plan
You agree to the usage of third-party payment gateways by the Company for the purposes of paid subscription to the Platform/Website. The Company shall not be held responsible or liable for any failed transactions. If any transaction initiated by You fails to get through, the money deducted shall be refunded back to Your account in accordance with the payment gateway’s refund policy and the Company shall not be held liable for the same.
Please note that any subscription amount You pay to the Company is non-refundable.
PLEASE NOTE THAT YOU ARE NOT ALLOWED TO MISUSE OR EXPLOIT THE SUBSCRIPTION PLAN IN ANY MANNER, COMMERCIAL OR NON-COMMERCIAL OR BOTH. YOU SHALL STRICTLY ADHERE TO THE FEATURES INCLUDED IN YOUR SUBSCRIPTION PLAN. YOU SHALL NOT SHARE ONE PAID SUBSCRIPTION ACCOUNT AMONG MULTIPLE USERS. ANY MISUSE OR EXPLOITATION, AS AFOREMENTIONED SHALL ENTITLE THE COMPANY TO TERMINATE YOUR ACCOUNT.
Fees/Amounts being charged to the patient
Please note that the Platform shall not be responsible or liable for any fees being charged to the patient. You shall have an independent contract with the patient, vide which such fee shall be charged. You shall not hold the Platform liable or responsible for any non-payment issues.
Obligations of the Medical Practitioner
You represent and warrant that:
You are duly licensed as a medical professional in the applicable jurisdiction and possess all valid documentation including but not limited to relevant medical council registration number.
Your license is current and valid and it is Your sole and exclusive responsibility to keep Your license current and valid at all times. In the event Your license expires, You shall promptly inform the Company and shall not render any further services on the Platform/Website, before the same getting renewed.
In the event, You recommend any third-party product to the end users of the Platform/Website, You shall ensure that such third-party product is not harmful and/or hazardous to the health of the end user. You shall be solely responsible and liable for Your recommendations and the Company assumes no liability in this regard.
You shall at all times remain compliant with all applicable laws.
You shall schedule appointments with end users only after coordinating with them.
In your interaction with the end users, You shall always engage in proper and decent conduct.
You shall maintain utmost confidentiality of the end user data provided to You. You are solely and exclusively liable for any leak/disclosure of the confidentiality information provided by the end user to You.
The end users may reach out to You via messages/chat feature available on the Platform/Website. You consent to such access and agree that if contacted during reasonable times, You shall interact with the end users through such messages/chat feature.
You should not assure promised or definite results to the end users through the Platform/Website.
The information displayed about You and/or provided to the end users or the Company should be true and accurate and not false or misleading. Any fraudulent information provided shall be liable for legal action by the Company, including but not limited to civil and criminal action.
Restrictions of Usage
While using the Platform/Website, You shall adhere to the following guidelines:
You shall not:
Use the Platform/Website in such a manner that it violates the Intellectual Property or other proprietary rights of the Company or any third-party.
Transmit viruses, malicious content or any other harmful content on the Platform/Website.
Breach any applicable law while using the Platform/Website.
Reproduce, re-engineer, copy, re-publish, modify or tamper in any way the Platform/Website.
Grant unauthorised access to any third-party.
Copy or re-use the Company’s logo, trademark or other Intellectual Property, either commercially or non-commercially, without prior written authorization by the Company.
Collect, track or disclose the personal information of others.
Submit false or misleading information.
Misuse the Services or attempt to interfere with the proper functioning of the Platform/Website in any manner not covered above.
Use the Services in an illegal, improper or offensive manner.
Use the Services or the Platform/Website in in a fraudulent manner.
IF YOU ARE FOUND IN VIOLATION OF THE USAGE OF THE SERVICES OR THE PLATFORM/WEBSITE, THE COMPANY AT ITS SOLE DISCRETION RESERVES THE RIGHT TO DISCONTINUE THE SERVICES AND PROHIBIT YOU FROM USING THE PLATFORM/WEBSITE AND/ OR THE SERVICES.
Taxes
Any tax liability or compliance requirement that may arise from Your usage of the Platform/Website shall be Your sole and exclusive liability.
Personal data
You agree that in pursuance of Your usage of Services on the Platform/Website, you may be required to share certain Personal Data. You further agree, that it is essential for the purposes of proper and effective functioning of the Platform/Website and the Services that such Personal Data may be collected. You give your free, fair and informed consent to the following:
The data being collected by the Company.
The purpose for which the data is being collected.
The entities which may process the data.
You further agree, that the Company shall not be responsible or liable for the authenticity or genuineness of the Personal Data which you may have provided. If any erroneous or misleading information has been provided by You to the Company, the Company reserves the right, in its sole discretion to immediately terminate your Service Account.
Any and all personal data collected by the Company shall be governed by the privacy policy of the Company that is displayed on the Platform/Website. Your access and usage of the Platform/Website deems Your consent to the privacy policy.
Intellectual Property
You agree that any services offered, software used, content posted or made available or any other such functionalities which may be connected or associated with the Platform/Website or the Services are the intellectual property of the Company. You agree to keep all information pertaining to these confidential at all times. You further agree that you shall not modify, re-sell, reuse, license out, distribute or use the intellectual property of the Company in any unauthorized manner. Any use of the intellectual property of the Company shall be made only upon an express written authorization and consent of the Company. Any violation of this Clause shall be considered to be a breach of these Terms of Use and the Company is free to pursue any legal remedy it deems fit for the enforcement and protection of its rights.
Trademarks
You agree that all the trademarks, logos and service marks displayed on the Platform/Website are the property of the Company. Any unauthorized use of the same shall be treated as infringement or passing off. Nothing on the Platform/Website shall be interpreted as granting any form of authorization or license, express/implied, written/unwritten, to any individual to use any trademarks belonging to the Company.
Copyright Notice
Subject to any third-party licenses, all content published or displayed on the Platform/Website and the materials downloaded from the Platform/Website is either a) the sole copyright of the Company or b) A shared copyright between the Company and a third-party or c) An exclusive copyright of a third-party . You agree that any form of copying, distribution or using for any other purpose of such content without an express written permission of the Company shall be treated as copyright infringement.
Third Party Service Providers
In order to provide Services in the best possible manner, We may use certain third-party service providers and/or third-party tools. You agree to the usage of third-party service providers for the provision of Services. As we depend upon third-party service providers, We cannot guarantee the uninterrupted and error-free running of the Platform/Website at all times. You acknowledge and consent to this limitation and agree to not hold the Company liable for the consequences that arise out of the conduct/services of the third-party service providers or third-party tools.
Third Party Links
We may place third-party links on the Platform/Website. Please note that such third-party links are not under the ownership, control, supervision or moderation of the Company. Any objectionable content or information which you may access as a result of your clicking a third-party link shall not be the responsibility of the Company and the Company shall not be liable for the same. You agree that you shall access these third-party links completely, exclusively and solely at your own risk and shall not hold the Company liable at any point of time for any harm suffered or any violation of a legal right which may be the result of accessing or using such links.
Indemnification
You agree to indemnify, defend and hold harmless the Company and any of its affiliates, contractors, professionals and consultants (“The Indemnified Party) from and against any claims, damages, cost, liabilities and expenses (including, but not limited to, legal expenses) arising out of Your a) Breach of any applicable law b) posting of any unlawful or prohibited content c) Illegal or prohibited use of the Platform/Website d) breach of any intellectual property or confidentiality obligations e) Any third party claims brought against the Company, arising out of your use of the Platform/Website.
You agree that the Indemnified Parties can at any point of time, even after the expiration or termination of your Service Account with the Company can claim indemnity from you for the aforementioned purposes. You also agree to immediately notify the Company, in the event any third-party has initiated any legal proceeding against You, in connection with your use of the Platform/Website.
Limitation of Liability
You agree that the Company shall not be liable for any direct, indirect, consequential or remote damages in connection with these Terms of Use. The Company shall also not be liable for any damages that may arise as a result of Your misuse of the Platform/Website or Services or your breach of the obligations of these Terms of Use. You acknowledge and agree that the Company shall not be held liable for any damages, losses, or any other kind of liability arising out of or in connection with these Terms of Use.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL USE THE PLATFORM/WEBSITE AT YOUR SOLE RISK. ALL CONTENT AND SERVICES WHICH YOU ACCESS AND USE ARE SOLELY ON AN ‘AS-IS’ AND ‘AS-AVAILABLE’ BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. NEITHER THE COMPANY NOR ANY OF ITS LICENSORS OR AFFILIATES MAKES ANY POSITIVE REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES OFFERED. THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES OFFERED WILL BE ERROR-FREE OR UNINTERRUPTED. YOU AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM/WEBSITE IS DONE AT YOUR OWN DISCRETION AND SOLELY AT YOUR OWN RISK. YOU FURTHER AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE COMPANY DOES NOT PROVIDE ANY WARRRANTY EXCEPT THOSE EXPRESSLY STATED IN THIS AGREEMENT.
No Liability
The Platform/Website and the Services offered therein, are mere facilitation services and the Company shall not be held liable for any medical advice that You provide to any end user of the Platform/Website.
We have permitted You to avail the Services of the Platform/Website, solely based on Your representations and warranties that You are a licensed and duly qualified Medical Practitioner. Any falsity in the aforementioned representations and warranties shall be liable for civil and criminal action, in addition to Your account being terminated and/or suspended from the Platform/Website.
We hereby expressly disclaim any and all liability arising from Your interaction with end users on the Platform/Website.
Compliance with Applicable Laws
You agree that Your usage of the Platform/Website and the Service, including but not limited to Your interaction with end users of the Platform/Website and the information supplied shall always be in compliance with the applicable laws. Any breach on your part of any applicable law regarding any matter or provision of these Terms of Use shall be construed as a material breach. The Company can then at its sole discretion initiate legal proceedings against You and automatically terminate your Account with immediate effect. You agree that any such breach of applicable law may cause the Company loss of reputation and hence, You agree to reimburse the Company in terms of monetary damages for any such loss.
Representations and Warranties
You represent and warrant that:
You shall use the Platform/Website only for lawful purposes.
You shall not upload any offensive, sexually explicit, political or illegal content through or on the Platform/Website
You shall at all times remain in compliance with all applicable laws.
You shall not infringe any copyrights, trademarks or other such intellectual property rights while using the Platform/Website.
You are a licensed Medical Practitioner qualified to practice medicine.
Any misrepresentation or falsehood in the representations and warranties stated herein shall entitle the Company to terminate Your account and permanently bar Your access to the Platform/Website. In addition to the same, the Company may pursue any legal remedy including but not limited to criminal proceedings, it deems fit.
Waiver
You agree that no provision of these Terms of Use shall be deemed to be waived by the Company, until and unless the Company has expressly in writing consented to such waiver. Moreover, any such waiver by the Company shall not be construed as consent for any subsequent waiver.
Severability
If any provision of these Terms of Use becomes invalid or unenforceable due the whatsoever reason, such invalidity or unenforceability shall not lead to the entire Terms of Use becoming unenforceable. The unenforceable or invalid portion shall be deemed to be severed from the Terms of Use without affecting the validity of the entire Terms of Use.
Force Majeure
You agree that You shall not hold the Company responsible or liable for any non-performance of any obligations under these Terms of Use including but not limited to the Services being offered, if such non-performance arises out of or in connection with the following events:
Floods, fire earthquakes or any natural disaster or acts of god.
Riots, war or any such act of violence.
Epidemics/Pandemics
Unprecedented technical errors including but not limited to network errors, unforeseen down time of the internet and power outages affecting internet services.
Any change in applicable laws.
Any other reason beyond the Company’s control.
You further agree, that You shall not hold the Company liable for any interruption arising out of the aforementioned events. The Company can its sole discretion, terminate the Terms of Use automatically and with immediate effect either temporarily or permanently if such events continue beyond a certain period of time.
Governing Law And Jurisdiction
All matters, claims and any other such issues which may directly or indirectly arise from or in connection with this Terms of Use shall be governed under the laws of India irrespective of its conflict of laws rules applicable to contracts to be performed within India. The courts at Mumbai shall have the sole and exclusive jurisdiction to hear all matters, claims or any such issues which may directly or indirectly arise from or in connection with these Terms of Use. You agree that you shall not approach any other court except the Courts at Mumbai and a failure to do so shall be construed as a breach of these Terms of Use.
Changes to the Terms of Use
The Company may, at its sole and exclusive discretion, revise, modify or amend the information contained in these terms of use at any point of time. Any such revision, modification or amendment shall be effective immediately upon either posting or otherwise notifying you. You agree to keep yourself aware of any such changes.
Questions and Grievances
If you have any queries regarding these Terms of Use, you may contact our customer service personnel at the following email address: info@dental-stack.com. The Company does not ensure but, our customer service personnel, shall try to the best of their capabilities to resolve your issue within 30 working days of your raising such an issue.