1. Introduction
1.1 Agreement to Terms
By
accessing or using the services provided by Docked, you acknowledge and agree
to be bound by the terms and conditions set forth in this User Agreement, as
well as our Privacy Policy, which govern the collection, use, and sharing of
your personal data. These policies also explain how we store your personal
information.
By creating
an account with Docked or using our services, whether directly or through
third-party credentials, you are entering into a legally binding agreement with
Docked. Should you disagree with any part of this Agreement (“User Agreement”
or “Contract”), you must refrain from creating an account or accessing any of
our services. If at any point you wish to terminate this Agreement, you may do
so by closing your account and ceasing to use the platform.
Scope of Services
This
Agreement governs the use of Docked’ services, which include, but are not
limited to, Docked.com, Docked-branded applications, and other related
websites, applications, communications, and services explicitly provided under
this Agreement (“Services”). This also extends to offsite data collection
conducted for Docked’ services, such as through advertisements and features
like the “Apply with Docked” and “Share with Docked” plugins.
Parties to the Agreement
Whether you
are a Visitor or a Member of our platform, the use, collection, and sharing of
your personal data are governed by our Privacy Policy, Policy, and other
related documents referenced therein. By using Docked’ services, you
acknowledge that you have reviewed and accepted these policies.
1.2 Members and Visitors
This
Agreement applies to both Members and Visitors of Docked’ services. When you
register and become a user of Docked, you become a “Member.” Visitors, on the
other hand, are individuals who access certain features of our services without
registering. Visitors are still subject to certain terms of this Agreement, but
without full access to the services available to Members.
1.3 Modifications to the Agreement
Docked
reserves the right to amend this User Agreement, our Privacy Policy, and our
private Policy from time to time. If required by law or if we implement any
material changes to the terms of this Agreement, we will notify you through our
services or other appropriate communication channels. These changes will take
effect once published, and will not apply retroactively unless explicitly
stated. If you do not agree to any changes, you may terminate this Agreement by
closing your account. Your continued use of the services following the posting
of any changes will be deemed as acceptance of the updated terms.
2.
Obligations
2.1
Eligibility for Service
By
accessing or using Docked’ services, you affirm that you meet the following
conditions:
1. You are
legally permitted to enter into this Agreement.
2. You are of
at least the “Minimum Age,” as defined below.
Our
services are not intended for individuals below the age of 18. You must ensure
that:
(1) you
meet the Minimum Age requirement or any higher age requirement imposed by local
law to use the services without parental consent;
(2) you
create only one Docked account, which accurately reflects your true identity;
and
(3) you are
not currently restricted from using the services by Docked. Creating an account
with inaccurate information, such as a false identity, or for individuals under
the age of 18, is a violation of this Agreement.
The term
“Minimum Age” refers to 18 years old, unless a higher age is required by
applicable law for Docked to provide services without parental consent. In such
cases, the Minimum Age is adjusted accordingly to comply with local legal
requirements.
2.2 Account
Management
You are
responsible for maintaining the confidentiality and security of your account
credentials, and for all activities that occur under your account.
Specifically, you agree to:
(1) protect
your account by using a secure password and not disclosing it to others;
(2) refrain
from sharing or transferring your account to any other individual or entity,
including the transfer of personal data such as contacts; and
(3) comply
with all applicable laws and regulations, as well as Docked’ Policies and any
guidelines provided by Docked.
Your
account is personal to you and remains under your control, even if another
party (such as an employer) has paid for access to specific Docked services on
your behalf. The entity paying for such services (e.g., Docked subscriptions or
professional tools) may manage access to those services and receive usage
reports, but they do not have control over your personal account or its
content.
You
acknowledge that you are responsible for any actions taken through your
account, except where you have properly notified Docked of any unauthorized use
or potential misuse.
2.3
Payments and Fees
By
purchasing any paid services from Docked, you agree to meet your payment
obligations, including any applicable fees and taxes. Fees for paid services
may vary depending on your location and currency exchange rates. Docked
reserves the right to adjust prices for its services and will notify you of any
prospective changes in accordance with applicable legal requirements.
You
authorize Docked to store and continue billing your payment method (e.g.,
credit card or debit card) for ongoing subscriptions or future services, even
if your payment method has expired. You can update or change your payment
method at any time via your account settings.
If you
purchase a subscription, your payment method will be charged automatically at
the beginning of each subscription period. To avoid further charges, you must
cancel your subscription before the renewal date. Cancellations and refunds are
subject to Docked’ refund policy, which is available in your account settings.
Taxes will be calculated based on the billing information you provide to
Docked. You can obtain copies of your invoices through your account's purchase
history.
2.4 Notices
and Communications
You agree
to receive notices and communications from Docked through the following
channels: (1) via the services (e.g., messages within the platform); or (2) via
the contact details you provided, such as your email address, phone number, or
physical mailing address. It is your responsibility to keep your contact
information accurate and up-to-date. Failure to do so may result in missing
important communications. You may adjust your account settings to manage the
types of communications you wish to receive from Docked.
2.5 Sharing
of Information
When you
share information through Docked’ services, such information may be visible to
others, and they may be able to copy, use, or share that information further.
Docked provides multiple ways for you to share content, such as via your
profile, posts, messages, articles, job listings, and more. Depending on your
settings and the features you use, the information you share may be visible to
Members, Visitors, or other third parties, both on and off Docked’ services.
Docked
allows you to control the visibility of certain information through privacy
settings. We will respect the choices you make regarding who can see your
content (e.g., private messages to specified recipients, sharing content
exclusively with your Docked connections, or restricting your profile’s
visibility in search tools). Docked reserves the right to remove or refuse to
publish any content that violates this Agreement or applicable laws, with or
without prior notice to you, to the extent permitted by law.
3. Rights
and Limitations
3.1. Your
License to Docked
You retain
ownership of all original content that you provide to us. However, by using the
Services, you grant us a non-exclusive license to your content. We will respect
your preferences regarding who can view your content and how it may be used,
including in connection with advertisements. As between you and Docked, you retain ownership of the original content you
submit or post. However, by submitting or posting content, you grant Docked and
its affiliates a worldwide, transferable, and sublicensable right to use, copy,
modify, distribute, publicly display, host, and process the content and
information you provide (e.g., share, post, upload, or otherwise submit),
without requiring further consent, notice, or compensation to you or any third
party.
This
license is subject to the following limitations:
a) You may
terminate this license for specific content by deleting such content from the
Services or by closing your account, except where
1. you have
shared the content with others, and they have copied, re-shared, or stored it;
2. we have
sublicensed the content to others before your removal or account closure; or
3. we are
required to retain or share it by law. Additionally, there may be a reasonable
delay in removing the content from backups and other systems.
b) Docked will
not include your content in advertisements for third-party services without
your separate consent. However, without compensation to you, advertisements may
appear near your content, and your social actions (such as likes and comments)
may be visible alongside ads, as explained in our Privacy Policy. If you
utilize a feature of our Services, we may mention your name or photo to promote
that feature, subject to your settings.
c) We will
honor your audience selection for shared content (e.g., "Connections
only"). For instance, if you share a post to "Anyone on or off
Docked," we may make it publicly available or allow others to share it on
third-party services, such as embedding it on external websites, or make it
discoverable by search engines.
While
Docked may edit or modify your content (such as for translation, size
adjustments, or metadata addition), we will take care not to alter its
fundamental meaning.
You retain
full rights to your original content and may license it to others, including
under Creative Commons terms if you wish. If your content contains personal
data, both you and Docked agree that it is governed by our Privacy Policy. You
also agree that Docked may access, store, process, and use any information or
content you provide in accordance with the Privacy Policy and your settings.
By
submitting suggestions or feedback regarding our Services, you grant Docked the
right to use and share such feedback for any purpose without compensation.
You
represent that you have the right to provide any content or information you
submit and that your Docked profile will be accurate and truthful. You agree
that the information you share will not violate any laws or third-party rights,
including intellectual property rights. Docked may be required to remove
certain content in compliance with local laws.
3.2 Service
Availability
We reserve
the right to modify or limit the availability of certain features or
discontinue any Service entirely.
Docked may
change, suspend, or discontinue any part of its Services, including restricting
access to certain content or features based on geographic location or
subscription level. We are not obligated to store or display any content you
share, and Docked is not a storage service. We reserve the right to remove any
content unless legally required to retain it.
3.3
Third-Party Content Services
Your use of
third-party content or services is at your own risk. While using Docked, you
may encounter third-party content or services, offered by other users or
organizations. Docked is not responsible for the accuracy or legality of such
content or for third-party services offered through our platform. Additionally,
we do not endorse or monitor third-party offerings, and your interactions with
third parties are solely between you and them.
3.4
Limitations
We have the
right to impose restrictions on your use of the Services. Docked reserves the
right to limit how you interact with other users, including restricting the
number of connections you can make or messages you can send. We also reserve
the right to suspend or terminate your account if you violate this agreement or
applicable laws. We may remove content that breaches our policies or this
agreement.
3.5
Intellectual Property Rights
We assert
our intellectual property rights in connection with the Services. Docked
retains all intellectual property rights in the Services, including trademarks
and logos. You may not use our trademarks or other intellectual property
without explicit permission.
3.6
Automated Processing and Recommendations
We use data
to make recommendations and personalize your experience. Docked uses the
information you provide, as well as other data we collect, to recommend
content, connections, ads, and features that may be relevant to you. By keeping
your profile accurate, you help improve the quality of these recommendations.
Additionally,
you may encounter automated content generation features. It is important to
review any automatically generated content to ensure accuracy before sharing it
with others. Regardless of whether content is labelled as created by artificial
intelligence, you remain responsible for ensuring its compliance with our
policies.
In summary,
Docked provides a platform where you maintain ownership of your content, while
granting us a limited license to process and share it in accordance with your
preferences and our policies. We also retain the right to limit or modify the
Services as needed.
4.
Disclaimer and Limitation of Liability
4.1 No
Warranty
This
section outlines our disclaimer regarding the quality, safety, and reliability
of our Services in accordance with applicable Indian laws, including the
Information Technology Act, 2000, and any data protection regulations.
DOCKED AND
ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES,
INCLUDING ANY GUARANTEES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE,
OR WITHOUT DEFECTS. THE SERVICES (INCLUDING ANY CONTENT OR INFORMATION
PROVIDED) ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE
INFORMATION TECHNOLOGY ACT, 2000, DOCKED AND ITS AFFILIATES DISCLAIM ALL
IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF TITLE,
ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE.
4.2
Exclusion of Liability
This
section explains the limitations of Docked' legal liability to you in
compliance with Indian laws, including liability related to data protection
under the Information Technology (Reasonable Security Practices and
Procedures and Sensitive Personal Data or Information) Rules, 2011.
TO THE
FULLEST EXTENT PERMITTED BY INDIAN LAW (UNLESS DOCKED HAS ENTERED INTO A
SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), DOCKED AND ITS
AFFILIATES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOST BUSINESS
OPPORTUNITIES, DAMAGE TO REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS),
LOSS OF DATA (INCLUDING BUT NOT LIMITED TO DOWNTIME, LOSS, MODIFICATION, OR
DESTRUCTION OF YOUR INFORMATION OR CONTENT), OR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION
WITH THIS CONTRACT. DOCKED AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR
ANY AMOUNT PAYABLE BY YOU TO DOCKED FOR THE SERVICES DURING THE TERM OF THIS
CONTRACT.
4.3 Basis
of the Bargain; Exclusions
The
limitations of liability set forth in this Section 4 are fundamental to the
agreement between you and Docked and apply to all
claims of liability, including claims based on warranty, tort, negligence,
contract, or law, even if Docked or its affiliates were informed of the
possibility of such damages, and even if any remedy fails to achieve its
essential purpose.
THESE
LIMITATIONS OF LIABILITY DO NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY, FRAUD, GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR, IN CASES OF
NEGLIGENCE, WHERE A MATERIAL OBLIGATION HAS BEEN BREACHED. A MATERIAL
OBLIGATION IS AN OBLIGATION ESSENTIAL TO THE PROVISION OF OUR SERVICES THAT YOU
CAN REASONABLY RELY UPON, BUT ONLY TO THE EXTENT THAT THE DAMAGES WERE DIRECTLY
CAUSED BY THE BREACH, WERE FORESEEABLE AT THE TIME OF THE CONTRACT, AND ARE
TYPICAL IN THE CONTEXT OF THIS AGREEMENT.
4.4
Compliance with the Information Technology Act, 2000 and Data Protection Laws
DOCKED and
its affiliates operate in compliance with the Information Technology Act,
2000 and applicable data protection laws in India, including any
forthcoming provisions under the Digital Personal Data Protection Act, 2023.
By using our Services, you acknowledge and agree that Docked may collect,
store, process, and use your personal data in accordance with these
regulations. We shall take reasonable security practices and procedures to
safeguard your sensitive personal data and information, in line with Rule 8
of the Information Technology (Reasonable Security Practices and Procedures and
Sensitive Personal Data or Information) Rules, 2011.
4.5 Data
Breach Liability
DOCKED
takes reasonable measures to protect user data from unauthorized access and
cyber threats. However, in the event of a data breach, Docked shall not be
liable for any unauthorized disclosure or loss of data, unless such breach was
caused by gross negligence or willful misconduct on the part of Docked, as per
the Information Technology Act, 2000.
4.6
Limitation on Content Liability
You agree
that Docked shall not be held responsible for any content or information shared
or posted by other users that may be defamatory, inaccurate, offensive, or
otherwise harmful. In line with Section 79 of the Information Technology
Act, 2000, Docked operates as an intermediary and is not liable for
third-party content unless specific notice has been provided, and we have
failed to take prompt action to remove or disable access to such content.
4.7
Cybersecurity and Reasonable Care
Docked
commits to maintaining reasonable security measures to protect against
cyber-attacks and unauthorized data access, as per the requirements of the Information
Technology Act, 2000. However, we cannot guarantee the absolute security of
the Services and shall not be liable for any breaches resulting from
sophisticated cyber threats beyond the reasonable standards of care expected
under Indian cybersecurity laws.
4.8 Dispute
Resolution and Jurisdiction
In the
event of a dispute arising under this contract, the parties agree to resolve
the matter through negotiation and mediation. Should legal proceedings be
necessary, you agree that any disputes will be subject to the exclusive
jurisdiction of the courts located in Mumbai, India, as per the Information
Technology Act, 2000, and any applicable data protection laws.
By
continuing to use our Services, you acknowledge and agree to the limitations
and disclaimers outlined above, and to our data handling practices in
compliance with Indian IT and data protection laws.
5.
Termination (As per Indian Contract Act, 1872)
Both you
and Docked have the right to terminate this Contract at any time by providing
notice to the other party. Upon termination, your rights to access or use the
Services will be revoked. The following provisions shall survive the
termination of this Contract:
1. Our rights
to use and disclose your feedback or any suggestions provided by you;
2. Section 3 ;
3. Sections 4,
6, 7, and 8.2 of this Contract; and
4. Any amounts
due or owed by either party prior to termination will remain payable even after
termination.
If you wish
to close your account, please visit our Help Centre for further guidance.
6. Governing
Law and Dispute Resolution
In the
event of a legal dispute between the parties, the following provisions shall
govern the resolution process based on the applicable laws of the parties’
location:
1. Indian
Jurisdiction: If you are located in India, this Contract shall be governed by and
construed in accordance with the Indian Contract Act, 1872. All disputes
arising out of or in connection with this Contract shall be subject to the
exclusive jurisdiction of the courts located in Mumbai, India. However, you
will not be deprived of any mandatory consumer protections provided under
Indian law.
2. International
Jurisdiction: For users located outside of India, this Contract shall be governed by
the laws of the jurisdiction in which Docked directs its Services to you. Any
legal disputes will be resolved in India with the laws governing consumer
protection in Indian region.
For
business users covered under relevant international laws, such as the EU
Digital Markets Act (DMA), an alternative dispute resolution mechanism may
be available. This can be accessed through the Help Centre for any disputes
related to Article 6(12) of the DMA.
7. General
Terms
1. Severability: If any
provision of this Contract is found to be invalid or unenforceable by a court
of competent jurisdiction, you and we agree that the court may modify the
provision to make it enforceable while preserving its intent. If modification
is not possible, the unenforceable provision shall be removed, and the
remaining provisions of this Contract shall remain in full force and effect.
2. Entire
Agreement: This Contract, including any additional terms provided by Docked in
relation to specific Services, constitutes the complete agreement between you
and Docked. It supersedes all prior agreements,
communications, and understandings, whether written or oral, related to the
Services.
3. Non-Waiver: Failure
by Docked to act upon a breach of this Contract does not waive its right to
enforce the Contract in the future. Any such waiver must be explicitly granted
in writing.
4. Assignment: You may
not assign or transfer this Contract, your membership, or your rights to use
the Services to any other party without our prior written consent. However,
Docked reserves the right to assign this Contract to its affiliates or to a
third party in the event of a business transfer, merger, or acquisition,
without the need for your consent.
5. Third-Party
Beneficiaries: This Contract does not create any rights for third parties. No other
individual or entity shall be considered a third-party beneficiary of this
Contract.
6. Legal
Notice: All legal
notices under this Contract must be provided in writing to the addresses listed
in Section 10 of this agreement. You agree that legal notices will only be
considered effective if delivered in accordance with this provision.
By
continuing to use Docked' Services, you acknowledge and agree to the terms and
conditions outlined in this Contract.
8. Docked
"Dos and Don’ts"
Docked is a
community of Medical professionals, and as a user, you
are expected to abide by certain rules that govern the proper use of the
platform. These “Dos and Don’ts” outline permissible and prohibited actions, in
alignment with Indian Contract Act, 1872 and other applicable legal
provisions. Unless expressly permitted by Docked through a separate written
agreement, these guidelines must be strictly followed.
8.1. Do’s
You agree
that you will:
1. Comply with
All Laws: Adhere to all applicable laws and regulations, including, but not
limited to, the Information Technology Act, 2000, Indian Contract
Act, 1872, intellectual property laws, anti-spam regulations, data privacy
laws, and laws governing online communication and content sharing.
2. Provide
Accurate Information: Ensure that all information you provide is accurate and up-to-date,
including contact details and identity information.
3. Use Real
Identity: Use your legal name on your profile, ensuring transparency and
authenticity.
4. Professional
Use: Engage
with the platform in a professional and ethical manner, consistent with the
nature of Docked as a professional network.
5. Respect
Intellectual Property: Ensure that any content shared, uploaded, or distributed complies with
intellectual property laws and respects the rights of the original content
creators.
8.2. Don’ts
You agree
that you will not:
1. Create
False Identities: Create a fake identity, misrepresent your identity, create a Member profile for anyone other than yourself, or use
another person’s account or login credentials without their express permission.
2. Unauthorized
Access: Develop,
use, or distribute software, bots, scripts, or any other automated tools to
access, scrape, or collect information from Docked’ platform.
3. Bypass
Security: Attempt to circumvent or disable any security measures or restrictions
put in place by Docked, including access limitations and controls.
4. Copy or
Distribute Content: Copy, distribute, display, or otherwise share content from Docked’
Services without permission from the content owner or Docked.
5. Disclose
Confidential Information: Share or distribute confidential information that you do not have
permission to disclose, including the proprietary or sensitive information of
others.
6. Infringe
Intellectual Property Rights: Violate the intellectual property rights of
others, such as by sharing copyrighted material without permission, infringing
patents or trademarks, or misusing trade secrets.
7. Violate
Docked’ Rights: Use or distribute Docked’ intellectual property (including logos,
trademarks, and proprietary materials) without obtaining prior consent, except
as permitted by Docked’ Brand Guidelines.
8. Upload
Harmful Code: Post, share, or upload any software, viruses, malware, worms, or
harmful code that could interfere with or damage Docked’ platform or its users.
9. Reverse
Engineering: Attempt to reverse engineer, decompile, disassemble, or otherwise gain
unauthorized access to the source code or underlying technology used in Docked’
Services.
10. False
Affiliations: Imply or state that you are endorsed by or affiliated with Docked
without Docked’ explicit consent.
11. Unauthorized
Monetization: Sell, lease, rent, or otherwise monetize access to Docked’ platform,
data, or Services without obtaining Docked’ express written consent.
12. Automated
Bots: Use bots
or unauthorized automated methods to access the platform, create fake
engagements (such as likes or comments), or manipulate Docked’ algorithms.
13. Interfere
with Services: Engage in any activity that disrupts or imposes an unreasonable load
on Docked’ Services, including spamming, denial of service attacks, or
manipulating system functionality.
14. Unlawful
Activity: Use Docked’ Services for illegal, misleading, discriminatory, or
fraudulent purposes in violation of Bharatiya
Nyaya Sanhita Act 2023 (BNS) (old name Indian Penal Code, 1860), Information
Technology Act, 2000, or any other applicable law.
15. Misuse
Reporting Mechanisms: Abuse Docked’ reporting and appeals process by submitting unfounded or
fraudulent complaints or appeals.
16. Confidentiality of Patient Data: Users of the Docked Application, including
Doctors and Dentists, must not input or store any patient-specific records,
personal health information, or identifiable data within the application. The
Docked Application is solely designed for the entry of pre-scripted procedural
details authored by the healthcare provider. Patient data confidentiality is of
utmost importance, and any deviation from this policy is strictly prohibited.
17. User Responsibility and Liability Waiver: Should any user input patient-specific
information or confidential data into the Docked Application, they do so at
their own risk. Docked Application shall bear no responsibility, liability, or
obligation in relation to the misuse or unauthorized entry of patient data. The
responsibility for ensuring compliance with all relevant data privacy laws,
rules, and standards lies solely with the user.
18. Indemnity: The user agrees to indemnify and hold Docked Application harmless
against any claim, loss, or liability arising from or in connection with any
unauthorized entry of patient information, or breach of confidentiality, due to
user actions.
9.
Complaints Regarding Content
For
complaints regarding content shared by Members, Docked provides mechanisms to
report violations of intellectual property rights, Private Policies, or
any other legal provisions. If you believe that any content infringes your
rights or violates applicable laws, please contact us.
Docked
respects the intellectual property rights of all users and third parties. If we
receive a valid complaint about content that violates intellectual property
rights or other legal rights, we reserve the right to remove or restrict access
to such content, in accordance with Section 79 of the Information Technology
Act, 2000, which grants intermediaries protection but also mandates that
they act to prevent misuse.
Docked may
also take further action, such as suspending or restricting accounts for
serious or repeated violations of this Contract or the law.
10. How to
Contact Us
For general
inquiries, you may contact us through our online portal. For legal notices or
service of process, you may write to us at the addresses provided in Section
10 of this Contract.
Docked
values transparency and ensures that our legal and customer support teams are
available to address any concerns regarding compliance, legal issues, or
content violations. You can find further information regarding our Services and
terms in the Grievance Desk.
