Terms of Use

Last revised August 2020

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Daktaro Limited, on behalf of itself and its affiliates/group companies under the brand "Daktaro" (“Daktaro”), is the author and publisher of the internet resource www.daktaro.com (“Website”). Daktaro owns and operates the services provided through the Website.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY CLICKING “ACCEPT” OR ACCESSING THE WEBSITE AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES. BY ACCEPTING THESE TERMS OR BY ACCESSING THE WEBSITE OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF USE INCLUDING THE PRIVACY POLICY REFERENCED BELOW. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE TERMS OF USE, THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE WEBSITE OR USE THE SERVICES.

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1. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.daktaro.com/privacy-policy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Daktaro. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Daktaro in connection with your visit to the Website and your use of the Services (as defined below).

The Agreement applies to you whether you are :

A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
Otherwise a user of the Website (“you” or “User”).

This Agreement applies to those services made available by Daktaro on the Website, which are offered to the Users (“Services”), including but not limited to the following:

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For Practitioners: Listing of Practitioners and their profiles and appointment details, to be made available to the other Users and visitors to the Website;
For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Daktaro, and (iii) to make appointments with Practitioners (iv) pay to the practitioners for their services through Daktaro

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The Services may change from time to time, at the sole discretion of Daktaro, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are signed up as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at connect@daktaro.com.

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By accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

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We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications may not be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

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You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

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Your access to use of the Website and the Services will be solely at the discretion of Daktaro.

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The Agreement is published in compliance of, and is governed by the provisions of the laws of Bangladesh, including but not limited to:

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The (Bangladesh) Contract Act, 1872,
The (Bangladesh) information and communication technology Act, 2006, and
The (Bangladesh) Digital Security Act 2018

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2. CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Daktaro that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

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3. TERMS OF USE APPLICABLE TO ALL USERS

The terms in this Clause 3 are applicable to all Users

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3.1 END-USER ACCOUNT AND DATA PRIVACY

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3.1.1 The terms “Identity Information” are defined under the Digital Security Act 2018 & information and communication technology Act, 2006 Rules, and are reproduced in the Privacy Policy.

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3.1.2 Daktaro may, by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Daktaro’s services and to build new services.

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3.1.3 The Website allows Daktaro to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.

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3.1.4 The Privacy Policy sets out, inter-alia:

The type of information collected from Users, including “Identity Information”;
The purpose, means and modes of usage of such information;
How and to whom Daktaro will disclose such information; and,
Other information mandated by the Digital Security Act 2018 & information and communication technology Act, 2006 Rules.

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3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:

the fact that certain information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the nature of collection and retention of the information; and
the name and address of the agency that is collecting the information and the agency that will retain the information; and
the various rights available to such Users in respect of such information.

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3.1.6 Daktaro shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Daktaro or to any other person acting on behalf of Daktaro.

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3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Daktaro of any actual or suspected unauthorized use of the User’s account or password. Although Daktaro will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Daktaro or such other parties as the case may be, due to any unauthorized use of your account.

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3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Daktaro has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Daktaro has the right to discontinue the Services to the User at its sole discretion.

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3.1.9 Daktaro may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

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3.1.10 Against every Practitioner listed in daktaro.com, you may see a ‘Book Appointment’ option. When you choose this option, you choose to Book With certain information & it is recorded under Daktaro partnered service providers servers. Such recordings are dealt with as per the Privacy Policy as well. Such records may be accessed by Daktaro for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such facilities provided to you by Daktaro should be used only for appointment and booking purposes, and not for consultation on health-related issues. Daktaro accepts no liability if the booking facility is not used in accordance with the foregoing. In case you choose to not provide your consent to record your personal information required for appointment and booking purposes, Daktaro reserves the right to not provide the Services for which such personal information is sought.

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3.2 LISTING ALGORITHM

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Daktaro’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Daktaro. Daktaro will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Daktaro in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.

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3.3 LISTING CONTENT AND DISSEMINATING INFORMATION

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3.3.1 Daktaro collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Daktaro takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Daktaro screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

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3.3.2 The Services provided by Daktaro or any of its licensors or service providers are provided on an "as is" and “as available’ basis, 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). Daktaro does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Daktaro does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Daktaro disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Daktaro or any User in relation to any User or services provided by such User.

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3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. Daktaro has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Daktaro endorses the linked site. Users may use the links and these services at User’s own risk.

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3.3.4 Daktaro assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

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3.3.5 If Daktaro determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Daktaro reserves the right to immediately suspend your access to the Website or any of your accounts with Daktaro and makes such declaration on the website alongside your name/your clinic’s name as determined by Daktaro for the protection of its business and in the interests of Users. You shall be liable to indemnify Daktaro for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Daktaro or its Users.

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3.4 BOOK APPOINTMENT AND VIDEO CALL FACILITY

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Daktaro enables Users to connect with Practitioners through two methods: a) Book facility that allows Users to book an appointment through the Website; b) Value added video call services which connect Users directly to the Practitioner’s virtual chamber on the Website in the form of forming an appointment.

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3.4.1 Daktaro will ensure Users are provided confirmed appointments on the Book facility. However, Daktaro has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment.

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3.4.2 If a User has utilized the telephonic services, Daktaro reserves the right to share the information provided by the User with the Practitioner and store such information and/or conversation of the User with the Practitioner, in accordance with our Privacy Policy.

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3.4.3 The results of any search Users performed on the Website for Practitioners should not be construed as an endorsement by Daktaro of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.

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3.4.4 Without prejudice to the generality of the above, Daktaro is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Daktaro will not be liable for:

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User interactions and associated issues User has with the Practitioner;
the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged.

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3.4.5 Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that the same is provided in accordance with applicable law. User however understands that, Daktaro shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website.

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3.4.6 ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the concerned Practitioner’s virtual chamber:

Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing Daktaro in advance about the same maintaining the cancellation or rescheduling policy which is, (no rescheduling or cancellation is allowed within 24hrs of an scheduled appointment)

3.4.7 Cancellation and Refund Policy

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In the event of a user where a user has booked a paid appointment & wish to cancel due to obvious reasons then the user has to inform Daktaro in a written form in connect@daktaro.com or in the Daktaro helpline must before 24 hours of any scheduled appointment. In the case of this cancellation the transaction charges will be borne by the user & the rest will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking.

In the event that, the Practitioner with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at connect@daktaro.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6.

Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.

3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

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3.5.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Daktaro and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.

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3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from Daktaro, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

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3.5.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital directly.

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3.6 Daktaro Virtual Chamber - “Cliniko”

“Cliniko” is the virtual chamber product of Daktaro, designed, developed & maintained by Red Guava Pty. Ltd. Australia ABN 56 147 311 466.

To use the Daktaro’s “Cliniko” product You must be a registered user invited by Daktaro to it’s “Cliniko” virtual chamber to access the Service. You must provide accurate, up-to-date and complete information when you register. You are solely responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name.

You must use all reasonable endeavours to prevent any unauthorized access to, or use of, the Service and you must notify Daktaro immediately in the event of any unauthorized access or use.

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You are solely responsible for your conduct and your data related to the Service. You warrant that you have all rights, licenses, authorizations and consents required to use the Service, including without limitation in respect of your data. You agree to indemnify, defend, and hold harmless Daktaro, its directors, officers, agents and suppliers from any and all loss, cost, liability, and expense arising from or related to your data or use by you or your employees, contractors or agents of the Service or violation of these Terms of Use.

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The Service, including any software that forms part of the Service, is made available to you, your company, and/or your staff only for your personal use or internal business purposes, and such use must comply with all applicable laws, rules and regulations, including without limitation privacy laws, and must not infringe or violate third party rights.

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Any unauthorized use of the Service is a violation of these Terms of Use and may breach laws of Bangladesh. Such violations may subject you or your staff to civil and criminal penalties.

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Daktaro will endeavour to make the “Cliniko” available 24 hours a day, seven days a week. However, you acknowledge and agree that the Service may occasionally be unavailable during periods of planned or unscheduled maintenance and, at times, unexpected outages. Daktaro may perform unscheduled maintenance at any time, but will only do so if deemed necessary.

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You may wish to stop using the service anytime & all of your content and data will be deleted 90 days after cancellation or termination of your account. This information will not be able to be recovered. We recommend you use the export functionality of the Service prior to cancellation to retain any information you may require.

Daktaro is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

3.7 REVIEWS AND FEEDBACK

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By using this Website, you agree that any information shared by you with Daktaro or with any Practitioner will be subject to our Privacy Policy. You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals.

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3.8 PROFILE OWNERSHIP AND EDITING RIGHTS

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Daktaro ensures easy access to the Practitioners by providing a helpline & email address to update your profile information. Daktaro reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Daktaro takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Daktaro’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Daktaro may modify or delete parts of your profile information at its sole discretion with or without notice to you.

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3.9 INDEPENDENT SERVICES

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Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Daktaro.

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3.10 PRACTITIONER UNDERTAKING

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The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of Bangladesh. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered including the booking time to be honored.

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3.11 TERMINATION

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3.11.1 Daktaro reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,

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Such User breaches any terms and conditions of the Agreement;
A third party reports violation of any of its right as a result of your use of the Services;
Daktaro is unable to verify or authenticate any information provide to Daktaro by a User;
Daktaro has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
Daktaro believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Daktaro or are contrary to the interests of the Website.

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3.11.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

4. LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall Daktaro, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

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provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
any unauthorized access to or alteration of your transmissions or data; or
any other matter relating to the Website or the Service.

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In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate BDT. 1000/- (Bangladeshi Taka One Thousand Only).

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5. APPLICABLE LAW AND DISPUTE SETTLEMENT

5.1 You agree that this Agreement and any contractual obligation between Daktaro and User will be governed by the laws of Bangladesh.

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5.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in Bangladesh, before a sole arbitrator appointed by Daktaro. Arbitration shall be conducted in accordance with THE ARBITRATION ACT, 2001. The seat of such arbitration shall be Dhaka. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

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5.3 Subject to the above Clause 5.2, the courts at Dhaka shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

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6. Questions

If you have any questions about these Terms of Use, please contact us at connect@daktaro.com.