The terms set out herein constitute a legally binding agreement between the User and www.medigence.com (“Website”) that is owned, hosted and operated by MediGence Network Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at 3/446 Pathan Pura Shahdara Delhi-110032 (“Company”) regarding your use of the Website and/ or any services offered by the Company including but not limited to the delivery of content via the Website, any mobile or internet connected device or otherwise (“Service”).
This document and the Privacy Policy are an electronic record in terms of the Information Technology Act, 2000 and its rules, amended from time to time. The ‘Terms and Conditions’ constitute an electronic record within the meaning of the applicable law. The electronic record is generated by a computer system and does not require any physical or digital signatures.
The Company may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions the Website. The Company also reserves its right to suspend the operation of the Website for support or technical upgradation, maintenance work, in order to update the content or for any other reason.
The following terms and conditions govern all the transactions with respect to medical consultation and advice carried out through MediGence’s Telemedicine Platform (“Platform”) including but not limited to, booking of appointments, payment and refunds and all other transactions through the Company’s website or mobile application or telephone.
The services available on the platform does not in any manner constitute an invitation or recommendation to avail the online or teleconsultation services. The services provided through the platform are not intended in any ways to be a substitute for physical/face-to-face consultation with a doctor or a medical practitioner. The users have to make independent assessment in respect of its accuracy or usefulness and suitability prior to making any decision in reliance hereof.
The website or the platform offered by the Company is not intended to be used to treat a medical emergency or medical condition, and, advise or resolve legal, medical or financial issues outside the scope of what has been agreed or provided.
The Company is only an online intermediary as defined under the Information Technology Act, 2000 and the rules thereunder and provides telemedicine platform. The third party registered medical practitioners, polyclinics, etc., who deliver healthcare services through the platform are independent persons and are responsible for their diagnosis and the treatment offered to the users. The Company is neither responsible or concerned whatsoever with the treatment or the result arising out of such treatment provided to the users.
DEFINITIONS
- Agreement shall mean and include the terms and conditions set out herein.
- Date of Commencement is the date indicating the acceptance of the terms and conditions by the User to the services.
- Healthcare providers mean and include an individual health professional or a health facility organization that is on-bord with the Company to be listed on the platform.
- Users includes everyone who uses the services of the Company. User also includes any person who accesses or avails the services of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Website of the Company.
TELEMEDICINE SERVICES
- The Platform provides the opportunity to the consumers to seek and book telemedicine with Doctors and Health care professional all around the globe.
- The User agrees to indemnify the Company for any change in the schedule of the consultation that are subject to change according to the availability of the Doctor.
- The availability of the Doctor or healthcare professional is tentative in nature. The Company reserves its right to intervene to the book the time for the consultation based on the availability of both the parties.
- The User has the option to download the recording of the teleconsultation that is available only for 72 hours. The Company will never have access to download any patient-specific information.
- The User agree that all the patient's related healthcare information including but not limited to, symptoms, medical condition, Scans, medical reports, videos will be shared with the doctor that you chose to consult online.
- The Company ensures that it will maintain the privacy and confidentiality of your healthcare information that is decided to be shared on the platform.
WEBSITE SERVICES
- License Grant: Subject to the terms and conditions of these Terms of Service, payment terms and except as otherwise expressly set forth in these Terms of service, Website grants user a worldwide, non-exclusive, non-transferable, non-sub-licensable right and license to download, access, and use the Website services solely for your personal use.
- Restrictions: You may not do any of the following with any Website Services: (a) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works or improvements from Website Services or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in Website Services; (b) obtain or attempt to obtain unauthorized access to the Website network; (c) incorporate Website Services into any hardware or software device that is not your personal mobile device; (d) use, export, or re-export Website Services in violation of applicable laws or regulations; (e) sell, lease, loan, distribute, transfer, or sub-license Website Services or access thereto or derive income from the use or provision thereof, whether for direct commercial or monetary gain or otherwise, without Website’s prior, express, written permission; (f) use Website Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Service; and (g) use Website Services for any enterprise, commercial, or human safety purposes as the Website Services were not designed for such purposes.
SERVICE CONTENT
The services include a combination of content that we create, that our affiliates, advertisers, promoters, third party providers (collectively “Associates”) create and that our users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips and flash animations, are protected by our copyrights or trademarks or those of our Associates. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or contents of our sites in whole or in part. If you would like to request permission to use any of the content on our sites, please contact us at [email protected]
The functionality of the Website, Services and Third Party services is dependent upon you having a suitable network connection and the settings you have selected (for example, how frequently the content available from the service is refreshed). You understand that the information, content or services you obtain or utilize using our Website services may be based upon our research and analysis which may be created from information gathered from external or public sources and/or be provided by our Associates directly or indirectly which may not always be accurate, complete or up to date. The same is provided to you on best effort basis, however, we do not guarantee the accuracy, integrity or quality of the same and your reliance upon the same is solely at your risk and discretion.
USE OF THIRD PARTY SITES
- The Website may contain links to Internet sites owned by third parties. The use of each of those sites is subject to the conditions, if any, that each of those sites have posted or may impose from time to time. The Company has no control over sites that are not ours and we are not responsible for any changes to or content on them. Any inclusion on our sites of any third party content or a link to a third party site is not an endorsement of that content or third party site.
- Your correspondence or related activities with third parties, including payment transactions and goods delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints or claims related to any product or service should be directed to the appropriate vendor.
- Except where expressly provided otherwise by Website, nothing on the Website or within the Service shall be construed to confer any license or ownership right in or to the Content, under any of Website intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Content provided by Third Party Providers has not been independently reviewed, tested, certified, or authenticated in whole or in part by Website. Website does not provide, sell, license, or lease any of the Content or services other than those specifically identified as being provided by Website.
- Any unauthorized use of Website Services contained on the Website or in the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable local, state, central and international laws, treaties, regulations and conventions in connection with your use of the Website Services, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which you or Website are located. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your mobile device or computer. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person. You agree to accept responsibility for all activities that occur using your account or password.
BILLING AND FEE-BASED SERVICES
- Some of the Services require you to pay a fee, as described in the specific conditions included where those Services are offered. The fees on the platform for the teleconsultation include the Doctor's fee, Platform Fees, and Payment Gateway transaction charges. You agree to pay all fees and charges that you incur as specified by us in advance for Website Services. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or charge becomes payable.
- Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Website or Service, including payment and delivery of goods or services, and other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
- Any delay in the payment by the User of any sums due under this Agreement, the Company shall have the right to charge interest on the outstanding amount from the date the payment became due until the date of final payment by the User.
- You also agree that there is a strict no refund policy for the Website Services. Payment for service once subscribed to by the subscriber, is not refundable and any amount paid shall stand appropriated. Refunds, if any, including in the event of wrong/objectionable property content being posted on the site, will be at the sole discretion of Company only.
- Company uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands. For completing online transactions involving payments a user is directed to a Payment Gateway. The Company does not store or keep your credit card data and the transaction happens on a third-party network not controlled by Company. Company shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
- You will provide Website with valid and updated credit/debit card or approved purchase order information and with complete and accurate billing and contact information. If you provide credit/debit card information to Website, you authorize us, or a card processor of our choice, to bill such credit/debit card for Services used or created using the Website Services. If Website, in its sole and absolute discretion, permits you to make payment using a method other than pre-paying with a credit/debit card, Website will invoice you at, or within a reasonable period of, the time of the purchase request. All amounts invoiced hereunder shall be due immediately upon receipt of the invoice, unless stated otherwise on said invoice.
DISCLAIMER AND WARRANTIES
The Company is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
Nothing in these terms of service seeks to limit your statutory rights (where these cannot be restricted by law) and nothing in these terms of service shall seek to restrict Website liability for any inconveniences caused by Website negligence.
Subject to the foregoing:
- Subject to applicable law, use of Website Services and any data, content, or services accessed through Website Services is at your sole risk and such offerings are provided "as is" basis, without warranties or representations of any kind, either express or implied.
- Any material or service downloaded or otherwise obtained through the use of Website Services are at your own discretion and risk, and you will be solely responsible for any damage that results from the download and/or use of any such material or service. Neither we nor any of our Associates makes any warranty that (i) our sites will meet your requirements, (ii) our sites will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of our sites will be accurate or reliable, (iv) the quality of any products, services, information, or other material that you purchase or obtain through our sites will meet your expectations, and (v) any errors will be corrected. Neither we nor any of our Associates makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to our sites, any content or any our services, tools, products or properties. You expressly agree that you will assume the entire risk as to the quality and performance of our sites and the accuracy or completeness of its content.
- Subject to applicable law, Website expressly disclaims all warranties of any kind, whether express or implied, relating to Website Services and any data, content, or services accessed therefrom, or the accuracy, timeliness, completeness, or adequacy of Website Services and any data, content, or services accessed therefrom. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, merchandise and other information provided through the website. Users are strongly advised to independently verify the authenticity of any offers, recommendations, Pre-Launch offers etc. received by them. Company does not endorse investment in any projects which have not received official sanction and have not been launched by the Healthcare providers; users dealing in such projects shall be doing so entirely at their risk and responsibility.
- Company and any third party providing materials, services or content to this website, disclaims all warranties, express or implied, statutory or otherwise including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, completeness or accuracy of the information, update or correctness of the information, freedom from computer viruses, other violation of rights regarding services, products, material and contents. Views expressed by the Users are their own, Company does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to report abuse.
- Information or advice provided on the Website by professionals should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment. Nothing transmitted to or from this Website constitutes the establishment of a doctor-patient relationship between you and any professional or person providing information or advice through the website. The site is not intended to diagnose a medical condition.
- You warranty that you will not intentionally use the Company’s platform in any way that is unlawful or harms the Company, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content.
- You acknowledge that this website or mobile application is an informative and enabling platform only. The Company is not in the business of providing health care service or hospital services.
- The Company encourages you to independently verify any information You see on the Website. You will use the Platform and the features provided by it only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.
- The Platform provided by the Company allows you to select and schedule appointments with service providers as per their convenience.
- The Company disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery or any information or material. The Company further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. The Company disclaims any responsibility for service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of nature, war, civil disturbance or other cause beyond our reasonable control.
- The Company will not be liable for any damages of any kind arising out of or relating to the use or the inability to use its Services, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages. You agree to defend, indemnify, and hold harmless, the Company and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of any material or your breach of these terms and conditions or any applicable law.
- This website may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only. The content of this website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The content relating to medical conditions and their treatment is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professionals. You should not disregard or delay seeking medical advice based on anything that appears in this website.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold Website, and all of our officers, directors, owners, employees, agents, information providers, Associates and licensors etc. (collectively, the "Website Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any Website Party in connection with any claim including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, patent or copyright or trademark infringement arising out of
- Your connection to our sites
- Your use of our sites
- Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you
- Your violation of these Terms
- Your violation of the rights of any other person or entity
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
Website shall have no indemnification obligation or other liability for any claim of infringement arising from (a) your use of the Website and/or the Service or Content associated with the Website or Service other than in accordance with these Terms; (b) the combination of the Website and/or the goods, services or Content associated with the Website with any other products, services, or materials; or (c) any third party products, services, content, or materials.
The accuracy and confidentiality of your account information is your responsibility: You are responsible for maintaining the secrecy and accuracy of your password, email address, and other account information at all times. We recommend a strong password that you do not use with other services. We are not responsible for personal data transmitted to a third party as a result of an incorrect email address or loss of passwords from you.
INTELLECTUAL PROPERTY RIGHTS
All material contained on this Website, unless otherwise indicated, is protected by law, including, but not limited to, Indian patent, copyright, trademark, and other intellectual property protection laws, as well as other state, national, and international laws, treaties and regulations. Except as expressly provided herein, Website does not grant any express or implied intellectual property right(s) to users of this Website or the Services, or any parts thereof. You agree not to decompile or reverse engineer any parts of the Website or Service. Please be aware that Website actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
The Content, design and layout of this Website are copyright products of Website. Removing or altering the copyright notice on any material on this Website is prohibited. Website also owns a copyright in the Website and Service as a collective work and/or compilation, and in the selection, coordination and arrangement of the Website's and Service’s content. Other product names, company names, marks, logos and/or symbols mentioned herein may be the trademarks of their respective owners.
All copyright, marks and/or know-how and/or any other related intellectual property rights to the Services shall become and remain the sole and exclusive property of the Website and the User shall have no claims to the same. In the event the User has contributed any content on the website in any manner whatsoever, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights and the User shall have no right or claim over the same, in any manner whatsoever.
CONFIDENTIALITY
You shall keep confidential and secret and not disclose to any third party the Confidential Information nor any part of it, except to any of the Website’s Associates, if required and upon prior permission in writing from the Website. Further no use, reproduction, transformation or storage of the Proprietary Information shall be made by You without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
All information and data submitted by You shall become the property of the Company. However all such information shall be kept strictly confidential and the Company shall not, subject to Violation of Terms clause, release any such data and information to any third party without the prior consent of the User.
“ Confidential Information ” hereby shall mean and include all financial, commercial, technical, operational, staff, management and other information, data and know-how (including, without limitation, as to products and services, assets, customers, date and database, suppliers or employees), which may be supplied to or may otherwise come into the possession of the other (the “ Receiving Party ”, herein the User ), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party (the “Disclosing Party”, herein the Website) or by any of its Associates to be confidential, and not generally available to the public.
TERMINATION
These Terms continue until terminated by either party. You may terminate these Terms by discontinuing use of all Website Services and by surrendering and destroying all your copies thereof. You may be required to clear any monetary dues with Website to effectively terminate the Service Terms. These Terms terminate automatically if you violate any term hereof, Website posts a written notice of termination on Website web site publicly, or Website sends a written (including email or text message) notice of termination to you directly. Your obligations in these Terms survive any termination of these Terms.
NOTICES
All notices shall be in English and in writing and (a) if sent to the User to the address identified on the Application Form and (b) if sent to the Company to such address as provided in writing for such notice purposes; provided, however, that all invoices and payments shall be sent to the attention of the Company’s Finance department, all legal notices shall be sent to the attention of the Company’s Legal Department, and all other correspondence shall be sent to the attention of the account manager specified by the Company.
ARBITRATION
If in case any dispute arises between a User and the Company arising out of use of the Services or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent third party identified by the Company. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Delhi, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
MISCELLANEOUS
- Jurisdiction: These Terms of Service and the relationship between you and Website shall be governed by the laws of India without regard to its conflict of law provisions. You and Website agree to submit to the personal and exclusive jurisdiction of the courts located within Delhi, India only.
- Terms: These Terms of Service and the Website Privacy Policy (and the documents incorporated by reference into those terms) constitute the entire Terms between you and Website and governs your use of Website Services, superseding any prior agreement(s) between you and Website with respect to Website Services.
- Waiver and Severability of Terms. The failure of Website to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, or will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect and the other provisions of these Terms of Service remain in full force and effect.
- Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Website Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The titles in these Terms of Service are for convenience only and have no legal or contractual effect.
We may be required by state or central law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through email. You may update your email address by visiting the Website Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
COMPLAINTS
For any complaints, abuse or concerns with regards to content and or comment or breach of these terms please write to [email protected].
