Orko Terms of Service

Orko Health Limited, on behalf of itself under the brand "Orko", is the author and publisher of the internet resource www.myorko.com and the mobile applications “Orko pro” and “Orko All”. Orko owns and operates the services provided through the mobile applications.

NATURE AND APPLICABILITY OF TERMS

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

The Agreement applies to you whether you are –

  • A medical doctor, professional or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Apps, including designated, authorized associates of such medical professionals or institutions (“Professional(s)”, “you” or “User”); or
  • A patient, his/her representatives or affiliates, searching for Professionals through the App (“End-User”, “you” or “User”); or Otherwise a user of the Website (“you” or “User”).
  • This Agreement applies to those services made available by Orko on the Apps, which are offered free of charge to the Users (“Services”), including the following:
  • For Professionals: Listing of Professionals and their profiles and contact details, to be made available to the other Users of the Apps;
  • For other Users: Facility to (i) create and maintain ‘User Accounts’, (ii) search for Professionals by name, specialty, institution and geographical area, or any other criteria that may be developed and made available by Orko, and (iii) to make text, voice, video chat and appointments with Professionals.
  • The Services may change from time to time, at the sole discretion of Orko, and the Agreement will apply to your visit to and your use of the Apps to avail the Service, as well as to all information provided by you on the Website and Apps at any given point in time.
  • This Agreement defines the terms and conditions under which you are allowed to use the Apps and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at ask@orko.com.
  • By downloading or accessing the Apps to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Terms of Service and Privacy Policy, as available on the Website and Apps, 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 Apps to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
  • We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time. You should read the Agreement at regular intervals. Your use of the Apps following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
  • We do not guarantee that our website and app, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
  • You are also responsible for ensuring that all persons who access our services through your internet connection are aware of these terms of use and other applicable Terms of Service, and that they comply with them.
  • 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, Apps or avail any Services.
    Your access to use of the Apps and the Services will be solely at the discretion of Orko.

The Agreement is published in compliance of, and is governed by the provisions of relevant laws of Bangladesh.

SPECIFIC FEATURES OF Orko

Medical Consultation

  • The Medical Consultation feature of Orko enables users to get connected with registered medical Professionals on our specially designed Platforms for medical consultations via our text, audio and video chat applications. The Professionals who deliver Services through Orko are independent professionals practicing within a group of independently owned professional practices collectively known as “Orko Professionals”. Orko does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine by Professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. We only provide the technology platform to connect you with Orko Professionals, who shall be available to provide you with certain non-emergency medical advice. Neither Orko nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Professional via the Services.
  • The medical advice you receive from your Orko Professionals is not a substitute for other medical treatment you may need. If you are experiencing a medical emergency, you must seek emergency medical help.
  • To obtain optimum video consultation experience, A high-speed internet connection is necessary under the video chat feature. It shall be the responsibility of the Orko users to ensure at their own costs that they have internet access with sufficient bandwidth for video chats.

Health Information

  • As part of Orko, we also provide healthcare information services, and health tips, through mobile and Orko Social Media pages (Facebook, Instagram, Linkedin etc). The content and material provided through the Services are intended to educate consumers on health care and medical issues that may affect their daily lives. Nothing in the content or material should be considered, or used as a substitute for, medical advice, diagnosis or treatment.

Appointment Booking

  • Eligible Orko users may be able to book appointments with Professionals who have agreed to be enrolled with Orko. Such Orko Professionals are responsible for providing their services to you. Any service or advice that you take from a Orko Professional shall be at your sole discretion and risk. We do not endorse or recommend Orko Professional or any of their services to you. Services that you may take from them shall be based on your sole discretion and judgment, without any representation, warranty or endorsement from Us. Any complaint or dispute that you may have in relation to their services shall be raised directly to the Orko Professionals.

TECHNICAL REQUIREMENTS FOR USING THE APP

The App includes software provided by people other than the Company, and uses certain data that you provide to it in order to work

  • The App operates only on Android-enabled phones running Android v4.3 or higher. It requires a consistent 4G or faster data connection and does not operate reliably on 3G, GPRS or EDGE connections.
  • We recommend that if you are using a wireless network to access the App, you avoid use of public wi-fi facilities in favour of a personal wi-fi connection, and that the wireless network is secured with WPA-2 security. We recommend that the device from which you access the App is password protected, set to lock after a short period of inactivity, and protected with suitable anti-virus and anti-malware software.
  • From time to time, updates to the App may be made available to you. We recommend that you use the latest version of the App at all times, to take advantage of the latest enhancements. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.

TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PROFESSIONALS

The terms in this Clause are applicable only to Users other than Professionals.

END-USER ACCOUNT AND DATA PRIVACY

  • When you register on the App, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by Orko (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services.
  • Orko may by its Services, collect information relating to the devices through which you access the Website, Apps and anonymous data of your usage. The collected information will be used only for improving the quality of Orko’s services and to build new services.
  • The Apps allows Orko 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 Professionals and their practice.
  • You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account.
  • Orko reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Apps and your Account Information. In no event and under no circumstances shall Orko be held liable to you for any liabilities or damages resulting from or arising out of your use of the App, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else's account at any time.
  • You shall immediately notify Orko of any actual or suspected unauthorized use of the User’s account or password. Although Orko will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Orko or such other parties as the case may be, due to any unauthorized use of your account.
  • Orko 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 Orko or to any other person acting on behalf of Orko.
  • If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Orko has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Orko has the right to discontinue the Services to the User at its sole discretion.
  • Orko may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
  • The Services are available for use by children but children are not authorized to become Members and may not use the Services without the supervision of a parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.

PROFESSIONAL SEARCH ALGORITHM

  • Orko’s search algorithm for the Professionals is a fully automated system that lists the Professionals, their profile and information regarding their Practice on its Apps. These listings of Professionals do not represent any fixed objective ranking or endorsement by Orko. The listing of Professionals will be based on automated computation of the various factors including inputs made by the Users including their rating and review. Such factors may change from time to time, in order to improve the search algorithm. Orko in no event will be held responsible for the accuracy and the relevancy of the listing order of the Professionals on the Apps.

LISTING CONTENT AND DISSEMINATING INFORMATION

  • Orko collects, directly or indirectly, relevant information regarding the profile and practice of the Professionals, such as their specialization, qualification, fees, location, visiting hours, and similar details. Although Orko screens and vets the information and photos submitted by the Professionals, it cannot be held liable for any inaccuracies or incompleteness represented from it.
  • The Website may be linked to the website of third parties, affiliates and business partners. Orko has no control over, and 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 Orko endorses the linked site. User may use the links and these services at User’s own risk.
  • Orko 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 install the Apps or the downloading of any material, data, text, images, video content, or audio content from the Website. Users are responsible for configuring your information technology, computer programmes and platform to access our app and website. User should use own virus protection software. If a User is dissatisfied with the Website and Apps, User’s sole remedy is to discontinue using the Website and Apps.
  • User must not misuse our app and website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our app and website, the server on which our app and website is stored or any server, computer or database connected to our app and website. You must not attack our app and website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our app and website will cease immediately.
  • If Orko determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Orko reserves the right to immediately suspend your access to the Website or any of your accounts with Orko and makes such declaration on the website alongside your name/your clinic’s name as determined by Orko for the protection of its business and in the interests of Users. You shall be liable to indemnify Orko for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Orko or its Users.

BOOK APPOINTMENT AND CALL FACILITY

  • Orko enables Users to connect with Professionals through two methods: a) Direct connection via Text messaging, Voice or Video chats with use of Apps b) Book appointment upon request sent by Users to respective Professionals.
  • Orko will ensure Users are provided confirmed appointment on the Book facility. However, Orko has no liability if such an appointment is later cancelled by the Professional, or the same Professional is not available for appointment.
  • If a User has utilized the Chat services, Orko reserves the right to share the information provided by the User with the Professional and store such information and/or conversation of the User with the Professional, in accordance with our Privacy Policy.
  • The results of any search Users perform on the App for Professionals should not be construed as an endorsement by Orko of any such particular Professional. If the User decides to engage with a Professional to seek medical services, the User shall be doing so at his/her own risk.
  • Without prejudice to the generality of the above, Orko is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Professional. User understands and agrees that Orko will not be liable for:
    • User interactions and associated issues User has with the Professional;
    • the ability or intent of the Professional (s) or the lack of it, in fulfilling their obligations towards Users;
    • any wrong medication or quality of treatment being given by the Professional (s), or any medical negligence on part of the Professional (s);
    • inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Professional to provide agreed Services;
    • any misconduct or inappropriate behaviour by the Professional or the Professional’s staff;
  • Users are allowed to provide review about their experiences with the Professional, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Orko shall not be obliged to act in such manner as may be required to give effect to the content of Users review, such as suggestions for delisting of a particular Professional from the Website.

Limitations and restrictions on the use of services

  • We do not guarantee the availability of any particular Professional at any particular time. We will do what we can to arrange a consultation with a Professional as soon as possible, but do not guarantee to offer consultations within a particular time.
  • Professionals may hold different clinical opinions on the same medical condition or symptoms and, provided these opinions are reasonably held, the fact that two or more Professionals give different opinions in the course of service provision does not necessarily indicate that our services are defective.
  • We do not tolerate abuse or offensive behavior towards Professionals.
  • Our services are designed to be accessed remotely by any of our customers, and are designed for both Bangla and English speakers.
  • The App has not been developed to meet your individual requirements. It is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
  • While certain information controlled, generated by, displayed within or stored in the App may be helpful in providing warning of certain medical or health conditions or circumstances, the App is not designed as, nor may you use it as, a device to detect, diagnose, treat or monitor any medical or health condition or to establish the existence or absence of any medical or health condition.
  • We may suspend your access to services or terminate your account with us if your use of services breaches any of these terms.
  • It is hereby expressly clarified that, the Information that you obtain or receive from Orko, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Apps 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 App. 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.
  • 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 a another person’s behalf), please contact an ambulance service or hospital directly.

Orko Professional Activity

  • These terms & conditions governing “Orko Professional Activity” are applicable to Users (being both end-users/ Professional). However, it is clarified that the terms and conditions herein applicable only to Professionals and applicable to Users are called out separately, as the context warrants.
  • Orko Professional Activity is one of the features of Professional Profile at “Orko Pro” App, wherein Professionals who have created a Orko profile can utilize this feature to post professional activities and health and wellness related contents.
  • Professionals can use Orko Professional Activity by signing in their Orko Pro App account, creating original content comprising text, audio, video, images, data or any combination of the same (“Content”), and posting said Content at Activity section. The Content shared via Orko Professional Activity does not constitute medical advice and may not be construed as such by any person.
  • Professionals acknowledges that they are the original authors and creators of any Content uploaded by them at their Orko Professional Activity section in their Profile and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. Orko reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright or other proprietary rights.
  • Professionals agrees to absolve Orko from and indemnify Orko against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Professional’s uploading of any Content on the Orko Professional Activity.
  • Professional hereby assigns to Orko, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via Orko Professional Activity.
  • Professional shall ensure that the Content or any further responses to the Content (including responses to Users) is not harmful, harassing, blasphemous, defamatory, obscene, pornographic or libelous in any manner. Further, Professionals should ensure that the Content is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Orko reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time. Also, the Professionals agrees to absolve Orko from and indemnify Orko against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the Professionals on Orko Professional Activity.
  • Professional shall ensure that the Content is not threatening the unity, integrity, defense, security or sovereignty of Bangladesh, friendly relations with foreign states, or public order. Further the Professional shall ensure that the Content will not cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting to any other nation.
  • User agrees that the Content they access on Orko Professional Activity does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the User. The User agrees to absolve Orko from and indemnify Orko against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Orko Health feed.

CONTENT OWNERSHIP AND COPYRIGHT, TRADEMARKS CONDITIONS

  • The contents listed on the Website and User generated content belong to Orko. The information that is collected by Orko directly or indirectly from the End- Users and the Professionals shall belong to Orko. Copying of the copyrighted content published by Orko on the Website and Apps for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Orko reserves its rights under applicable law accordingly.
  • Orko authorizes the User to view and access the content available on or from the Website and Apps solely for receiving, delivering and communicating only as per this Agreement. The contents of the Website and Apps information, text, graphics, images, logos, icons, buttons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Orko Content"), are the property of Orko and are protected under copyright, trademark and other laws. User shall not modify the Orko Content or reproduce, display, publicly perform, distribute, or otherwise use the Orko Content in any way for any public or commercial purpose or for personal gain.

REVIEWS AND FEEDBACK

  • By using this Website, you agree that any information shared by you with Orko or with any Professional will be subject to our Privacy Policy.
  • You are solely responsible for the content that you choose to submit for publication on the Apps, including any feedback, ratings, or reviews (“Critical Content”) relating to Professionals. The role of Orko shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
  • Orko, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law.

RECORDS

  • Orko may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Orko. Information available in your Records is of two types:
    1. User-created: Information uploaded by you or information generated during your interaction with Orko ecosystem, eg: appointment, Report or Prescription uploaded as image by you.
    2. Practice-created: Health Records generated by your interaction with a Professional who uses ‘Orko Pro.
  • The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:
    • Your Records is only created after you have signed up and explicitly accepted these Terms./div>
    • Practice-created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Professional and Orko does not validate the said information and makes no representation in connection therewith. You should contact the relevant Professional in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
    • The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Professional. In the event of any medicine reminders provided by Orko, you should refer to your prescription before taking any medicines. Orko is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Orko app.
    • It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Orko is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Orko.
    • Orko, uses industry–level security and encryption to your Health Records. However, Orko does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Orko of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to ask@orko.com.
    • If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Orko assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Orko and its officers against any such claim or liability arising out of unauthorized use of such information.
    • In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Professional will continue to be stored in their respective accounts.
    • You may lose your “User created” record, if the data is not synced with the server.
    • Orko is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
    • Orko has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
    • Orko will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
    • You agree and acknowledge that Orko may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.

PRICE & PAYMENT

  • You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The fees (and any other charges) relating to the Services will be payable by you in Bangladeshi Taka using, mobile financial services, debits cards, credit cards or other available payment methods.
  • Your online payment transactions will be executed by an appointed "Payment Gateway". The Payment Gateway is a separate entity that will collect your payment and forward it to the processing bank for further execution. The Payment Gateway will be responsible for executing all transactions with your bank or MFS provider. All information related to your MFS, Card/Bank Account will be exclusively dealt with by the Payment Gateway and the Bank. We will not ask for your payment information on our site nor do we retain your payment information. The use of your MFS, credit/debit card or account to account transfer services is governed by the agreed terms and conditions between you and your bank. For any unsuccessful payment or other payment related queries, you must contact your Card issuing Bank or the Bank in which you maintain your account. Once you confirm your payment, you will not be able to cancel your order. You agree that we are authorized to bill your account and charge your designated method of payment when payments are due, including any sales or other applicable tax that may be required.
  • There can be a situation where some technical problems may occur which are completely unintentional and due to which your payment may be deducted but we may not receive confirmation and consequently delivery or activation of your desired service may be delayed.

TERMS OF USE PROFESSIONALS

The terms in this Clause 5 are applicable only to Professionals.

LISTING POLICY

  • Orko, directly and indirectly, collects information regarding the Professional profiles, contact details, and practice. Orko reserves the right to take down any Professional’s profile as well as the right to display the profile of the Professional, with or without notice to the concerned Professional. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Orko Pro App in connection with you and your profile is found to be incorrect, you are required to inform Orko immediately to enable Orko to make the necessary amendments.
  • Orko shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Orko, where the User has expressly or implicitly consented to the making of disclosures or publications by Orko. If the User had revoked such consent under the terms of the Privacy Policy, then Orko shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Orko prior to its actual receipt of such revocation.
  • Orko reserves the right to moderate the suggestions made by the Professionals through feedback and the right to remove any abusive or inappropriate or promotional content added on the App. However, Orko shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Professionals are added to the Website.
  • Professionals explicitly agree that Orko reserves the right to publish the Content provided by Professionals to a third party including content platforms.
  • You as a Professional hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Orko accepts no liability for the same.

PROFILE OWNERSHIP AND EDITING RIGHTS

Orko ensures easy access to the Professionals by providing a tool to update your profile information. Orko reserves the right of ownership of all the Professional’s profile and photographs. 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 Orko’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, Orko may modify or delete parts of your profile information at its sole discretion with or without notice to you.

REVIEWS AND FEEDBACK DISPLAY RIGHTS

  • Orko reserves the right to collect review for all the Professionals listed on the Orko Pro App.
  • Orko shall have no obligation to review, filter, modify, refuse or remove any or all reviews from any User, except as required by applicable law.
  • You understand that by using the Services you may be exposed to reviews that you may find offensive or objectionable. Orko shall not be liable for any effect on Professional’s business due to review of a negative nature. In these respects, you may use Orko Pro at your own risk. Orko however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of reviews.
  • If Orko determines that you have provided inaccurate information or enabled fraudulent feedback, Orko reserves the right to immediately suspend any of your accounts with Orko and makes such declaration on the website alongside your name/your clinics name as determined by Orko for the protection of its business and in the interests of Users.

SEARCH ALGORITHM

Orko has designed the search algorithm in the best interest of the End-User and may adjust the search algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Professional’s. Orko shall not be liable for any effect on the Professional’s business interests due to the change in the search Algorithm.

PROFESSIONAL UNDERTAKING

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

USAGE IN PROMOTIONAL & MARKETING MATERIALS

In recognition of the various offerings and services provided by Orko to Professional, Professional shall (subject to its reasonable right to review and approve): (a) allow Orko to include a brief description of the services provided to Professional in Orko’s marketing, promotional and advertising materials; (b) allow Orko to make reference to Professional in case studies, and related marketing materials; (c) serve as a reference to Orko’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Professional’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.

RIGHTS AND OBLIGATIONS RELATING TO CONTENT

  • Orko hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
    • belongs to another person and to which the User does not have any right to;
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    • harm minors in any way;
    • infringes any patent, trademark, copyright or other proprietary rights;
    • violates any law for the time being in force;
    • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • impersonate another person;
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  • Users are also prohibited from:
    • violating or attempting to violate the integrity or security of the Website or any Orko Content;
    • transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Orko;
    • intentionally submitting on the App any incomplete, false or inaccurate information;
    • making any unsolicited communications to other Users;
    • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the App;
    • attempting to decipher, decompile, disassemble or reverse engineer any part of the Website & Apps;
    • copying or duplicating in any manner any of the Orko Content or other information available from the Website;
    • framing or hot linking or deep linking any Orko Content.
    • circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
  • Orko, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 6.1 and 6.2. Orko shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
  • In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Orko has the right to immediately terminate the access or usage rights of the User to the Apps and Services and to remove non-compliant information from the Apps.
  • Orko respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

TERMINATING SERVICES AND TEMPORARY SUSPENSIONS

  • Orko will judge, in its discretion, whether there has been a breach of its Terms on the part of our users. When a breach of these Terms has occurred, we may take such action as deemed appropriate by us. Failure to comply with the Terms constitutes a material breach of the Terms upon which users are permitted to use our Services, and may result in Orko taking all or any of the following actions:
    • Immediate, temporary or permanent removal of a User’s right to use our Services;
    • Immediate, temporary or permanent removal of any posting or material uploaded by a user to our Services;
    • Issue of a warning to a User;
    • Legal proceedings against a User for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
    • Further legal action and/or disclosure of such information to law enforcement authorities, as deemed appropriate.
  • Orko excludes liability for actions taken in response to breaches of these acceptable use provisions. The responses described herein are not limited, and we may take any other action we reasonably deem appropriate.
  • These Terms shall remain in full force and effect while the Services are used or the User is a Member. Users may terminate Membership at any time, for any reason, by following the instructions on the Member's account settings page. We may terminate your Membership at any time, without warning. Although, please note that even after Membership is terminated, these Terms will remain in effect.
  • Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Apps 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.

DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY AGREE THAT USE OF THE SITE OR APPS IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ORKO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. ORKO DO NOT WARRANT THAT THE SERVICES WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, OR ANY ADVERSE INCIDENT.

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LIMITATION OF LIABILITY

WHILST ORKO USE REASONABLE ENDEAVORS TO ENGAGE USERS WITH PROFESSIONALS, ORKO DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, LEGALITY OR USEFULNESS OF THEIR SERVICES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ORKO, ORKO PROFESSIONALS OR THEIR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE APPS OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. ANY PRODUCT OR SERVICE THAT USERS TAKE FROM PROFESSIONALS SHALL BE AT USERS SOLE DISCRETION AND RISK, WITHOUT ANY REPRESENTATION, WARRANTY OR ENDORSEMENT FROM ORKO.

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INDEMNIFICATION

User agree to indemnify and hold us, our parents, subsidiaries, affiliates, licensors, suppliers, and/or officers, directors, employees, consultants, agents through whom we provide the Services, harmless from and against any and all third-party claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from your use of our Services, your violation of these Terms, or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

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Privacy and Communications

  • Orko is required to comply with privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to your Professional during a medical consultation is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy. We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Privacy Policy.
  • As part of providing you with the Services, we may need to provide you with certain communications such as appointment reminders, service announcements, privacy notices, administrative messages and other communications about the Services (“Communications”). These Communications are considered part of the Services and your Account.
  • User agrees that Orko may send to User Communications through electronic means including but not limited to: (1) by email, using the address that User provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number User provided Orko during registration (“SMS Messages”), (3) push notifications on User’s tablet or mobile device, or (4) by posting Communications on the Site. The delivery of any Communications from Orko is effective when sent by Orko, regardless of whether User read the Communication. User can withdraw consent to receive Communications by deactivating the User Account. Orko cannot ensure the security or confidentiality of messages sent by email. Information relating to care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by Orko.

COMPLAINTS AND DISPUTES

  • You can always give us feedback on our services by calling or emailing us via the details provided in the ‘About’ section of website or Get Help > Contact Us section of Orko Apps.
  • If you have a complaint about our services, we would like to resolve it as soon as possible. Please tell us about your complaint as soon as you can so that we can do this.
  • If you wish to make a formal complaint about our services, you should do so as soon as possible by calling or emailing us via the details provided in the ‘About’ section of website or Get Help > Contact Us section of Orko Apps. We may ask you for certain details about you and your complaint in order to address it. Please provide these as soon as you can so that we can resolve your complaint quickly.
  • Our Professionals are registered healthcare professionals, and we will handle your complaint in an appropriate way, as required to do so by the professional rules that apply to our Professionals and to our services, and following our complaints procedure.
  • We will tell you the outcome of our investigation into your complaint and give you the chance to discuss it with us. If we have done something wrong, we will apologies to you. If any disagreement between you and us arises in connection with these terms, we will attempt to resolve it by discussing it with you.

CONTACT INFORMATION

If a User has any questions concerning Orko, the Website, this Agreement, the Services, or anything related to any of the foregoing, Orko customer support can be reached at the following email address: ask@myorko.com or via the contact information available from the following hyperlink: https://myorko.com/index.html#contact

MISCELLANEOUS

  • These Terms are accepted upon use of the app or website or any of the Services and is further affirmed by becoming an Orko User. These Terms constitute the entire Terms between you and Orko regarding the use of the Services. The failure of Orko to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. You may neither assign any of your rights nor sub-contract any of your obligations under these Terms, and any such attempt will be null and void.
  • In the event of any difference or conflict between any provision of these Terms and any provision mentioned elsewhere (for example, our website, marketing materials etc.), provision of these Terms shall prevail unless decided otherwise by us as per our sole discretion.
  • The validity, interpretation, construction and performance of these Terms will be governed by the laws of Bangladesh. Any dispute arising under or relating to these Terms will be resolved exclusively by final and binding arbitration in accordance with the Bangladesh Arbitration Act, 2001. The venue of the arbitration shall be located in Dhaka, Bangladesh. Our failure to enforce any provision of these Terms will not constitute a waiver of such right. If any provision is found to be invalid, the parties agree that they will submit to the court to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms shall remain in full force and effect. You have no authority to act on behalf of or bind Us in any manner whatsoever.
  • You agree to the use of electronic documents and records in connection with future transactions and communications involving our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you in any form electronically satisfy any legal requirement that such communications be in writing.
  • Any and all provisions of these Terms that would reasonably be expected to be performed after the termination of these Terms shall survive and be enforceable after such termination, including, without limitation, provisions relating to ownership, indemnification, confidentiality, limitation of liability and governing law.

I have read these Terms carefully, and understand the risks and benefits of the Services and by checking the box containing "I ACCEPT THE TERMS" I hereby state that I have read, understood, and agree to the Term.