Terms & Conditions

 Terms & Conditions 

 

MediQuick India Healthcare & Wellness Pvt Ltd. ( www.mediquickindia.com, www.mediquickindia.co.in, www.mediquickindia.in  ) in this policy we describe what kind of information that we collect and collate from you when you use our websites ( www.mediquickindia.com ) or mobile application for any products and services while you gets registered to our website.   It owns and operates the services provided through the Website. And mobile application

 

1 .NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.MediQuick India.com/company/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by MediQuick India.

These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and MediQuick India in connection with your visit to the Website and your use of the Services (as defined below).

By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy  and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern  use of that website.

 

What is  MediQuick India healthcare & Wellness Pvt Ltd . ?

The Website (www.mediquickindia.com, www.mediquickindia.co.in, www.mediquickindia.in) is a platform that facilitates

·         online purchase of pharmaceutical products sold by various third party pharmacies and manufactures (“Third Party Pharmacies”);

·         Diagnostic services being offered by various third party diagnostic centres (“Third Party Labs”);

·         online medical consultancy services being offered by third party independent doctors (“Medical Experts”); and

·         online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”). The Third Party Pharmacies, Third Party Labs, Medical Experts and the Third Party Advertisers are collectively referred to as the “Third Party Service Providers”. Further the Website also serves as an information platform providing health and wellness related information to the Users accessing the Website (The services of Third Party Services Provider and the information services is collectively referred to as the “Services”)

·         You agree and acknowledge that the Website is a platform that you and Third Party Service Providers utilize to meet and interact with another for their transactions. MediQuick India is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the Third Party Service Providers

 

This Agreement applies to the following: -

a.       Medical doctor or health care professional. Healthcare service providers & Institutions & organisation in Healthcare.

b.      This policy includes any individual professional or an organization or an institution ) or any  similar institution wants to be register themselves , or already registered , on the Website,  or  any  designated, authorized  associated member of such doctor or health care professionals or institutions (“Doctor or health care professional.(s)”, “you” or “User”); or

c.       A patient, his/her representatives or affiliates, searching for Doctor or health care professionals 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 MediQuick India on the Website or the mobile app, which are offered free of charge to the Users (“Services”), including the following:

A.      For Doctor or Health Care Professionals:: - Registration of Doctor or health care professionals and their profile information and contact details, to be made available to the other Users and visitors to  our  Website & mobile app.

B.      For other Users: Search for Doctor or health care professionals or any institution by name, specialty, and geographical area, or any other criteria that may be developed and made available by MediQuick India, Sign up / Register / creating his/her account. Searching & Booking appointments with the desired medical doctor or health care professionals or any institutions

 

 MediQuick India has the sole rights to change its terms & conditions at any given time 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 registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact write us on [email protected]

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall  published on the website  we will encourage you to check  all the terms and condition whenever you use our website so  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.

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.

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

         i.            The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

       ii.            the Indian Contract Act, 1872,

      iii.            the (Indian) Information Technology Act, 2000, and

     iv.            the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Procedures and  Practices and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

       v.            the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);

     vi.            the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);

    vii.            The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;

  viii.            Pharmacy Act, 1948 (“Pharmacy Act”) and

     ix.            the Consumer Protection Act, 1986.

 

2. CONDITIONS OF USE

 

 

2.1 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 MediQuick India 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  Terms  & Agreement.

 

 2.2 The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. By registering, accessing or using the Website, You accept the terms of these Terms of Use and represent and warrant to MediQuick India that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.

2.3  A registered id can only be utilized by the person whose details have been provided and MediQuick India  does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.

 

3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN DOCTOR OR HEALTH CARE PROFESSIONALS

A.      APPOINTMENT

The terms in this Clause 3 are applicable only to Users other than Doctor or health care professionals

 

 

3.1 END-USER ACCOUNT AND DATA PRIVACY

3.1. (a) The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.

3.1.2 (b) MediQuick India 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 MediQuick India’s services and to build new services.

3.1 (c) The Website allows MediQuick India 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 Doctor or health care professionals and their practice.

3.1 (d) The Privacy Policy sets out, inter-alia: 

               The type of information collected from Users, including sensitive personal data or information;

             The purpose, means and modes of usage of such information;

            How and to whom MediQuick India will disclose such information; and,

            Other information mandated by the SPI Rules.

 

3.1.( e) MediQuick India shall not be liable & responsible for any authenticity in any manner of the sensitive or personal information provided by the User to MediQuick India or to any other person acting on behalf of MediQuick India.

3.1.(f)  The User is solely accountable & responsible for maintaining the confidentiality of their  account access information and password, & OTHER sensitive information.  if the User is registered on the Website  They  shall be Accountable & responsible for all usage of account and password.  Unless authorized by other user on their behalf.

 In case of any unauthorized use or unusual activities which are not authorize by the user of the account & password the user shall notify immediately to MediQuick India. Although MediQuick India will not be liable for your losses caused by  such activity of your account  Rather  you may be liable for the losses of MediQuick India or such other parties as the case may be, due to any unauthorized activity or usage whichever the case may be on your account

3.1.(G)   If the information found to be  incorrect , inaccurate , incomplete , false , misleading , untrue , not  completed  not current , not updated provided by the users   Then MediQuick India has the full right to investigate and the information found to be  incorrect , inaccurate , incomplete , false , misleading , untrue , not  completed  not current , not updated  It has right to discontinue or cancel the services to  such  users at its  sole discretion with the immediate effect at any point of time .

3.1 (h)  MediQuick India encourages you to visit the website www.mediquickindia.com to avail any services or book the appointment for the consultation with the doctor or hospitals or to book any diagnostic test, through the website or mobile app & if you avail or use any kind of services or you call the helpline number of MediQuick India which is displayed on the website All the information saved or stored on MediQuick India server & calls answered by MediQuick India may be recorded for internal quality & training purposes. It may also be saved or stored to Medi Quick India Servers.

 

4.LISTING CONTENT AND DISSEMINATING INFORMATION

 

4.1 MediQuick India collects the relevant information regarding the profile and practice of the any business partners, directly or indirectly who gets registered with us through our website or any other medium    such as specialization, fees ,business information, license information , trade identification number ,pan number ,  location , visiting hours, qualifications ,  Financial information & any other detail in order to facilitate smooth transparent and complaint business services. . MediQuick India takes reasonable efforts to ensure that such information is updated at frequent intervals. Although MediQuick India validates all the information submitted by the business partners through its unique monitoring system so it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts

 

4.1.1 The Services provided by MediQuick India or any of its business partners or through   different service providers are provided on an “as is” and “as available’ basis, and without any Guarantees, 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).       MediQuick India does not provide any   warranty or guarantee or make any representation, or express or implied about the Website or the Services. It also does not guarantee the completeness or accuracy of any content or information provided by any user or any associated business partners on the Website To the fullest extent permitted by law,     

 

4.1.2 MediQuick India disclaims all kinds of any  liability  arising out of the User’s use or  reliance upon the Website, the Services, representations guarantees  or   warranties made by other Users,   the information  or the content provided by the Users on the Website, or any  suggestion  or opinion expressed  or given  by MediQuick India or any User or  business partners  in  any relation to any User or services provided by such User.

 

4.1.3  The Website may be linked  to the  third parties, vendors affiliates and business partners   Websites.  MediQuick India do not have any control over the websites, and are not liable or responsible or accountable for any of their content, validity, accuracy  reliability  & quality  Made available by/through our Website. MediQuick India does not endorse the linked websites in any manner.  User may use the links and these services at User’s own risk.

 

4.1.4  MediQuick India presumes no responsibility & shall not be  held  liable ,accountable or responsible  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 mobile app  or the downloading of any  data , material  , images, text ,audio content   or video content  from the Website or Mobile App.  If a User feels dissatisfied with the Website or mobile app . The User’s sole remedy is to discontinue using the Website.

 

4.1.5  In case MediQuick India  identifies or determines that the information   provided  by you  found to be  inaccurate , false ,fraudulent, or incomplete, including through feedback,  MediQuick India reserves  all the right to immediately suspend or terminate  your account access to the Website or any of your accounts associated with MediQuick India  and makes such declaration on the website alongside your  business’s  name/ your name  or your clinic’s  name as determined by MediQuick India for the protection of its business and in the larger interests of Users.     You shall be liable to indemnify MediQuick India for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected MediQuick India or its Users.

5. RELEVANCE ALGORITHMS

 

5.1 MediQuick India’s relevance algorithms for the Doctors/Doctor or health care professionals/Hospitals/Diagnostic labs /sellers /any business partner listed with MediQuick India are completely automated system which lists the profile and information regarding their Work/ Business on this Website. These listings of Doctors/Doctor or health care professionals/Hospitals/Diagnostic labs /sellers /any business partner are not endorsed by MediQuick India or do not represent any fixed objective ranking. MediQuick India will not be liable for any change in the relevance of any business partner’s on search results, which may take place from time to time. The listing of any business partners will be based on automated computation of the various factors such as inputs, feedbacks, comments & so on.  MediQuick India in no event will be held responsible for the   relevancy and accuracy the of the listing order of the Doctors/Doctor or health care professionals/Hospitals/Diagnostic labs /sellers /any business on the Website.

 

6. APPOINTMENT BOOKING AND INTERACTION WITH DOCTOR OR HEALTH CARE PROFESSIONAL.S

6 (a)  MediQuick India is endeavour to ensure a confirmed appointment for an End-User who requests an appointment on Website or mobile app ,  MediQuick India does not guarantee that a patient will get a confirmed appointment.  Further, MediQuick India shall not be liable  in case the confirmed  appointment gets cancelled due to practices or unavailability of Doctor or health care professionals, as per the scheduled appointment time 

 

6 (b)  If a user calls MediQuick India’s helpline number seeking for any help or enquires related to products and services,  all the calls may get recorded or monitored for quality and trainings purposes. It may also get stored as per our privacy policy for any future usage or references.  MediQuick India reserves the all the rights for the use of these data or information as per the governing rules & will Be subjected to the legality  & terms condition will be followed as per the rules &  legal jurisdiction Government of India

 

6 (c ) If a user calls MediQuick India to book an appointment with a doctors on their behalf & the appointment gets confirmed , Post confirmation if the appointment gets cancelled due to due to practices or unavailability of Doctor or health care professionals, as per the scheduled appointment time  MediQuick India will not be held liable, accountable or responsible for such cancellation.

 

6 (d )   Using the website of MediQuick India healthcare and wellness Pvt. ltd and it’s any services  you  understand and agree that any interactions between you and any other associated issues , partners , service providers ,manufacturers , sellers , resellers  with other Users including but not limited to your health issues and your experiences is strictly between you and the other users/ parties .      You shall not hold MediQuick India responsible for any such interactions and associated issues. For avoidance of any doubt,

MediQuick India is not involved in providing any healthcare or medical advice or diagnosis prognosis, recommendations or any endorsement to any service providers and hence is not responsible for any outcome between you and the Doctor or health care professionals or any service providers you interact with, pursuant to any interactions on the Website or mobile app .  If you decide to engage with a Doctor or health care professional. or any service providers , manufacturer , sellers , resellers ,  to provide medical services & any healthcare & wellness products& services  to  you,  You do so  solely at your own risk. 

The results of any search you perform on the Website or mobile app for Doctor or health care professionals or any products & service providers should not be construed as an endorsement by MediQuick India of any such particular Doctor or health care professional Or any products and services providers   . MediQuick India shall not be responsible for any breach of service or service deficiency by any Doctor or health care professional. or any products & service providers. We neither assure nor guarantee the ability or intent of the Doctor or health care professionals(s) or   or any products & service providers to fulfil their obligations towards you. We advise you to perform your own investigation prior to selecting a any products and services.

 

 

 7. Payment and Cancellation Policy

 

In the event, the doctor with whom the appointment has been booked is not available in the Clinic/Hospital, the patient has to

(a) Cancel the current appointment or

(b) Consult another doctor with clinic's/hospital's consent. Cancellation of the appointment by the patient should be done one (1) Hour prior to the time blocked for appointment. In such an event, the entire amount will be refunded to the patient within 5-6 business days from the date of cancellation in accordance with the mode of refund proposed by the patient. In case a booking confirmation e-mail gets delayed due to technical reasons or as a result of incorrect e-mail ID provided by the user etc., an appointment would be considered as 'booked'. If the patient does not show up at the time of Appointment, MediQuick India will refund the entire amount after approval from Clinic/Hospital within 5-6 business days in accordance with the payment methods provided by the patient.MediQuick India shall not be liable for any refunds to the customer in the event the customer's booked slot/ time for an appointment has been delayed.

Any grievances and claims related to the appointment/ refund should be reported to MediQuick India support team at  [email protected] within two  (2) days of appointment date with the doctor.

 

                7.1  Without prejudice to the generality of the above, MediQuick India will not be liable for:

any wrong medication or treatment quality being given by the Doctor or health care professional.(s),Hospitals, Laboratories, Nursing Homes or any medical negligence on part of the Doctor or health care professional.(s);or any Healthcare professionals or organisation and any type of inconvenience suffered by the User due to a failure on the part of the Doctor or health care professional. or Healthcare professionals or the organisation to provide agreed services or to make himself/herself available at the appointed time, no show by the Doctor or health care professional., Healthcare professionals or organisation’s inappropriate treatment, or similar difficulties any misconduct or inappropriate behaviour by the Doctor or health care professional. or Healthcare professionals or organisation or their staff cancellation or rescheduling of booked appointment or any variance in the fees charged any medical eventualities that might occur subsequent to using the services of a Doctor or health care professional., Healthcare professionals or organisation with whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.

 

7.2 Further, MediQuick India shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at MediQuick India’s sole discretion and may be modified or withdrawn at its sole discretion. MediQuick India may moderate such feedback at any time. MediQuick India shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Doctor or health care professional. or Healthcare professionals ,service provider , vendors /dealers , business partners ,clients ,  or organisation or their staff from the Website.

 

 

8 .NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

 

8.1 Please make a  note that some of the content, , data, text  , images,  graphics  ,information, suggestions, guidance, and other material (collectively, called  “Information”) that may be  readily available on the Website or mobile app  ( Which also includes the  information provided in direct response to your questions or postings for various doctor or health care professionals  ) may be provided by individuals in the medical profession.

 

8.2 The provision of such Information does not constitute an opinion, medical advices, or diagnosis or treatment of any particular condition, this Information is being provided in order to facilitate and assist you in finding, appropriate medical care from the qualified medical professionals or services for you.  It does not create a licensed medical professional/patient relationship, between you and MediQuick India.

 

8.3 MediQuick India hereby strongly express clarifies that, the Information that you receive or obtain from, and its employees, contractors, clients, business partners, sponsors, advertisers, licensors or otherwise on the Website:- www.mediquickindia.com,  www.mediquickindia.co.in,   www.mediquickindia.in  is purely for informational purposes only. We do not make any 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.

 

8.4 The Services provided through the website or mobile app of MediQuick India www.mediquickindia.com,  www.mediquickindia.co.in,   www.mediquickindia.in  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.

 

 

 9. MEDIQUICK INDIA CONSULT

 

 

9.1 MediQuick India has a public health feed section where in any user can read out the basic health related topics and   updated information related to healthcare and wellness. All the information and remedies which may be or may not be taken from any authors, writers any healthcare or wellness professional in order to facilitates and provide the information.  MediQuick India will not be responsible or accountable in any such manner if the information on the website does not result in benefits to the end users followed the provided information

 

9.2 Collection of consultation fees: You understand that MediQuick India provides various Services with respect to the System. While some of these Services are provided for free, there are certain Services for which costs will be incurred by you, if you decide to avail such Services ("Paid Services"). In that case, MediQuick India may provide billing services on behalf of the doctor or health care professional. Should you wish to avail those Paid Services, you acknowledge that MediQuick India will collect the payment for such Paid Services for and on behalf of the doctor or healthcare professional providing such clinical services or any other services that are facilitated by MediQuick India  . You acknowledge and confirm that MediQuick India shall not be liable for the treatment or be treated as the health care provider on account of such collection of the payments or for provision of such Paid Services, for any reason whatsoever.  The amount paid to the doctor or health care professional is non-refundable unless there has been an issue of non-compliance of applicable law/rules/regulations/guidelines or of the terms contained hereunder by the doctor or health care professional, in which case investigation shall be undertaken and the amount will be refund, subject to the discretion of MediQuick India. In any other cases, MediQuick India shall not be liable to provide refund or be responsible for the nature of advice provided by the doctor or health care professional.

 

9.3 MediQuick India shall charge a platform fee on the Doctor or health care professional. And/patient, which is a nominal amount, for the service being provided by MediQuick India. The amount levied and payable by Doctor or health care professional. Shall appear, on the Doctor or health care professional’s account and the amount levied and payable by the patient, shall appear when the patient is making payment to the Doctor or health care professional respectively.

 

9.4 The payment gateway option is being provided to the patients to make collection of payment easier. In case wrong bank account details are provided by Doctor or health care professional, MediQuick India will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact   [email protected]

 

 

10. Terms for Doctor or health care professionals

 

 

(A) The Doctor or health care professionals shall reply to the patient after receiving patient’s communication. any of non-compliance reported or observed with regard to reverting/ adhering to the applicable /rules/regulations/guidelines/ laws  or any policies by the Doctor or health care professional. MediQuick India has the right to show other available Doctor or health care professionals to the patient or remove Doctor or health care professionals from the platform/MediQuick India application/site or Mobile app.

( B) The Doctor or health care professional understands and agrees that, MediQuick India shall at its sole discretion, at any time be entitled to, show other Doctor or health care professionals available for consultation.

(C ) The Doctor or health care professionals further understands that, there is a responsibility on the Doctor or health care professionals to treat the patients on this model with proper care , as the Doctor or health care professionals would have otherwise treated the patient on a physical one-on-one consultation model.

(D ) The Doctor or health care professionals has the discretion to cancel any consultation at any point in time in cases where the Doctor or health care professionals feels, it is beyond his/her expertise or his/her capacity to treat the patient. In such cases, patient has the option of choosing other Doctor or health care professionals from our website or mobile application.

( E)  The Doctor or health care professionals shall at all times ensure that all the applicable laws that govern the Doctor or health care professionals shall be followed and utmost care shall be taken in terms of the consultation being rendered.

( F) The Doctor or health care professional  Acknowledges that should MediQuick India find the Doctor or health care professionals to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then MediQuick India shall be entitled to cancel the consultation with such patient or take such other legal action as may be required.

( G) It is further understood by the Doctor or health care professionals that the information that is disclosed by the patient at the time of consultation, shall be confidential in nature and subject to patient and Doctor or health care professionals privilege & should not be discussed with the any third party unless authorize to do so .

(H ) The Doctor or health care professionals shall ensure patient’s consent is obtained prior to uploading the prescription/health records of the patient on the account of the patient during such consultation.

 

 

10.1 Terms for Patients:

 

(A)   Any information provided by the User  on MediQuick India or any information which are getting shared on the MediQuick India is subjected and are in accordance with the MediQuick India terms and conditions and also complies with the MediQuick India’s  privacy policy  &  It is also understood that User grants the consent to MediQuick India

 

11. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS & REVIEWS AND FEEDBACK

 

(A)  The information or contents listed on the Website or on the mobile application are

      (i) User generated content, or

     (ii) Belong to MediQuick India. The information that is collected by MediQuick India directly or indirectly from the End- Users and the Doctor or health care professionals shall belong to MediQuick India. Copying or reproducing   of the copyrighted content published by MediQuick India on the Website or the mobile application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and MediQuick India reserves its sole rights under applicable law accordingly.

(B)    MediQuick India authorizes the User to view and access the content available on or from the Website or mobile app solely for ordering, receiving, delivering and communicating only as per its terms and conditions and Agreement.  The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "MediQuick India Content"),  are the property of MediQuick India  and are protected under copyright, trademark and other applicable  laws.  User shall not modify the MediQuick India Content or reproduce, display, publicly perform, distribute, or otherwise use the MediQuick India Content in any way for any public or commercial purpose or for personal gain.

(C) By using this Website or mobile application, you agree that any information shared by you with MediQuick India or with any Doctor or health care professional. Will be subject to our Privacy Policy

(D) Any content you choose to submit for the publication on the Website, including any feedback, ratings, or reviews   you are solely responsible for that content.  Any (“Critical or inappropriate Content”) relating to Doctor or any health care professionals or other healthcare professionals. The role of MediQuick India in publishing Critical or inappropriate Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000 of Govt of India. MediQuick India disclaims all responsibility with respect to the content of Critical or inappropriate Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. MediQuick India shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.

 

 

12. ELECTRONIC RECORDS MAINTAINED

 

MediQuick India may provide free facility called ‘Medical Records’ to the End-Users, business /client user  on the Websites or  its mobile application in the user’s dashboard , which is accessible anywhere online through MediQuick India online platform,  the information may incudes eg: appointment, medicine order placed by you. Practice-created: electronic Health Records generated by your interaction with a Doctor or health care professionals.

The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

(A)    Your Records is only created after you have signed up and explicitly accepted these Terms & condition on MediQuick India website.

(B)    Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility & accountability  of the Doctor or health care professional and MediQuick India does not validate the any said  information and makes no representation in any connection therewith. Should you see any discrepancies in your data or health record or needs to add/ delete / modify /change any of the information in the health record you should contact the relevant doctor or the healthcare professional for the same. MediQuickIndia do not take any responsibility or accountability on such activities & it should not help accountable for that.

(C)  The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, MediQuick India is not liable for any interruption that may be caused to your access of the Services.

( D)  The reminder provided by the Records is only an added and extended supplementary way of reminding you to perform your activities as prescribed by your Doctor or health care professional. Any reminder provided by MediQuick India based on your medical history or activities with the doctors or the healthcare professional.  We encourage you to please refer to prescription   or any other relevant document as in when required   before taking any medicine or using any other services on that event. MediQuick India 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 MediQuick India Website or mobile application.

(E)   It is your utmost responsibility to keep your correct details like t 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.  MediQuick India is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with MediQuick India.

(F)  MediQuick India follows and uses industry–level security and encryption to maintain data base and you’re Health Records. However, MediQuick India does not guarantee or shall not hold accountable or responsible for any matter of fact to prevent unauthorized access if you lose your login credentials or they are otherwise compromised.  In such event  if you  feels that  your login  credential are compromised or  see some unauthorised use or access  you shall encourage to  immediately  inform MediQuick India  of such   suspected breach of account to   [email protected] Please safeguard your login credentials

(G)   If you get register ay one as dependent &   access your dependents’ Health Records   with your own Records,     you are deemed to be accountable & 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 should take or obtain a    prior consent of your dependent   & also agree that it shall be your sole responsibility & shall have right to share, upload and publish any sensitive personal information of your dependent. MediQuick India assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify MediQuick India and its officers against any such claim or liability arising out of unauthorized use of such information.

(H)  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 Doctor or health care professionals will continue to be stored in their respective accounts.

(I) It may me a possibility in the uncertain situation you may lose your “User created” record, if the data is not synced with the server. MediQuick India will be held liable for such incident of data loss in any circumstances & no legal obligation should be entertained in such cases

(J) If the Health Record is unassessed for a stipulated time; you may not be able to access your Health Records due to security reasons. MediQuick India is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.

(K)  Any incorrect, inappropriate information in the health records that   that are shared or provided by your Doctor or health care professional..  MediQuick India is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers or any information are provided by the Doctor or health care professional...

(L)  MediQuick India is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Doctor or health care professional. is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.

(M) MediQuick India 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.

(N) MediQuick India will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.

(O)  You allow & agree and acknowledge that MediQuick India 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.

(P)  You acknowledge & agree that the Doctor or health care professionals you are visiting may engage MediQuick India's software or third party software for the purposes of the functioning of the Doctor or health care professional’s business and MediQuick India's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws.

(Q)  To the extent that your Records have been shared with MediQuick India or stored on any of the MediQuick India products used by Doctor or health care professional’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by MediQuick India pertaining to such previously visited clinics and hospitals who have tie ups with MediQuick India for the purposes of their business and for MediQuick India's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with MediQuick India, to the mapping of such Records as may be available in MediQuick India’s database to your User account.

(R)  These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

 

13.TERMS OF USE DOCTOR OR HEALTH CARE PROFESSIONALS

 

 

13.1 LISTING POLICY

 

13.1.1 MediQuick India, directly and indirectly, collects information regarding the Doctor or health care professionals’ profiles, contact details, and practice. MediQuick India reserves the right to take down any Doctor or health care professional’s profile as well as the right to display the profile of the Doctor or health care professionals, with or without notice to the concerned Doctor or health care professional.. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform MediQuick India immediately to enable MediQuick India to make the necessary amendments.

13.1.2 MediQuick India shall not be liable and responsible for the ranking of the Doctor or health care professionals on external websites and search engines

13.1.3  Any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by MediQuick India, where the User has expressly or implicitly consented to the making of disclosures or publications by MediQuick India. In such cases MediQuick India shall not be responsible or liable in any manner to the Users   . If the User had revoked such consent under the terms of the Privacy Policy, then MediQuick India 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 MediQuick India prior to its actual receipt of such revocation.

13.1.4 MediQuick India reserves all  the rights  to moderate the suggestions made by the Doctor or health care professionals through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, MediQuick India shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Doctor or health care professionals are added to the Website.

13.1.5 Doctor or health care professionals explicitly agree that MediQuick India reserves all the right to publish the Content provided by Doctor or health care professionals to a third party including content platforms.

13.1.6   When you are register on www.mediQuickIndia.com , www.mediquickindia.co.in www.mediquickindia.in   The end users can see any profile as per their choices or requirement for booking through online portal. When any user choose these options or choose to book the appointment through our telephony system or from the website all these may be recorded and stored in MediQuick India Server, such record are dealt with only in accordance with the term & condition & privacy policy. These facilities are provided to the end uses and you by MediQuick India and should be used only for the appointment booking purposes. MediQuick India accepts no liability if the call facility is not used in accordance with the foregoing.

13.1.7 You as a Doctor or health care 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 MediQuick India accepts no liability for the same.

 

 

14. PROFILE OWNERSHIP AND EDITING RIGHTS

 

MediQuick India ensures easy access to the Doctor or health care professionals by providing a tool to update your profile information. MediQuick India reserves the right of ownership of all the Doctor or health care professional’s profile and photographs and to moderate the changes or updates requested by Doctor or health care professionals. However, MediQuick India 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 MediQuick India’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, MediQuick India may modify or delete parts of your profile information at its sole discretion with or without notice to you.

 

 

14.1 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF MEDIQUICK INDIA

 

 

14.1.1 All Critical Content is content created by the Users of www.MediQuick India.com, www.mediquickindia.co.in  , www.mediquickindia.in   (“Website”) and the clients of MediQuick India customers and Doctor or health care professionals, including the End-Users. As a platform, MediQuick India does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of MediQuick India and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. MediQuick India’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.

14.1.2 MediQuick India reserves the right to collect feedback and Critical Content for all the Doctor or health care professionals, Clinics and Healthcare Providers listed on the Website.

14.1.3 MediQuick India shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.

14.1.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. MediQuick India shall not be liable for any effect on Doctor or health care professional’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. MediQuick India however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.   However mediquickindia shall have the the power and rights to take any legal action Against offensive or objectionable content posted in any form, manner on the website,

14.1.5 Any user and  end users  or clients  or  either  on their behalf  directly or indirectly found to be posting any   offensive ,inappropriate  or objectionable content on the website , which is damages ,impact or causes any loss to the   company or company’s   any concerned clients  reputation or goodwill mediquickindia shall have all the legal rights to investigate and prosecute  the matter against  the  person and per the prevailing laws in India .

14.1.6 If MediQuick India determines that you have provided inaccurate information or enabled fraudulent feedback; MediQuick India reserves the right to immediately suspend any of your accounts with MediQuick India and makes such declaration on the website alongside your name/your clinics name as determined by MediQuick India for the protection of its business and in the interests of Users.

 

 

15. MEDIQUICK INDIA REACH RIGHTS

 

MediQuick India reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, MediQuick India will not be liable for the accuracy of information or the claims made in the Sponsored ads. MediQuick India does not encourage the Users to visit the Sponsored ads page or to avail any services from them. MediQuick India will not be liable for the services of the providers of the Sponsored ads. You represent and warrant that you will use these 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 MediQuick India accepts no liability for the same.

 

16 .RIGHTS AND OBLIGATIONS RELATING TO CONTENT

 

16.1 As mandated by Regulation 3(2) of the Information Technology (Intermediaries Guidelines) Rules, 2011

 

MediQuick India hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

             The intermediary shall observe following due diligence while discharging his duties, namely: —

(1) The intermediary shall publish the rules and regulations, privacy policy and user agreement for access-or usage of the intermediary's computer resource by `any person.

(2) Such rules and regulations, terms and conditions or user agreement shall inform the users of computer resource not to host, display, upload, modify, publish, transmit, update or share any information that —

(a) belongs to another person and to which the user does not have any right to;

(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;

              (c) harm minors in any way;

              (d) infringes any patent, trademark, copyright or other proprietary rights;

              (e) violates any law for the time being in force;

              (f) deceives or misleads the addressee about the origin of such messages or communicates any information      which is grossly offensive or menacing in nature;

             (g) impersonate another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(i) 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

 

16.2 Users are also prohibited from:

 

a.       Violating any applicable law or attempting to violate or damage the integrity or security of the Website or any content in the website of MediQuick India.

b.      Transmission of any  any information (including  messages , hyperlinks  ) on or through the Website that is disruptive or competitive to the provision of Services by MediQuick India;

c.       Submitting any information intentionally on the Website that is incomplete, false or inaccurate or incorrect or misleading or false.

d.      making any unsolicited communications to other Users;

e.      using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents or any chat bots or search bots etc. ) to navigate or search the Website;

f.        attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

g.       copying duplicating or reproducing any content or information in any manner  on the MediQuick India’s  Website;

h.      Framing or hot linking or deep linking any MediQuick India Content.

i.         Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

16.3 MediQuick India, 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 5.1 and 5.2. MediQuick India 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.

16.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, MediQuick India has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.

16.5  MediQuick India may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit MediQuick India to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by MediQuick India as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between MediQuick India or any person on its behalf and the User or where the User has consented to data transfer. MediQuick India respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

 

 

17. TERMINATION

 

17.1 MediQuick India 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, The Company reserves the right, in the event you breach these Terms of Use stipulated herein, to suspend and/or terminate your access to the Website with or without your notice. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access to the Website. Upon suspension or termination, your right to procure the Services on the Website shall immediately cease and the Company reserves the right to remove or delete your information that is available with the Company, including but not limited to login and account information

17.2  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.

 

 18 LIMITATION OF LIABILITY

 

In no event, including but not limited to negligence, shall MediQuick India, or any of its directors, shareholders , investors , business partners , affiliates , officers, employees, agents or content or any 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:

  • Provision of or failure to provide all or any service by Doctors  health care professionals or 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.
  • MediQuick India shall not be responsible or liable in any manner to the Users or any Third Party Service Providers (collectively referred to as the “Other Parties”) for any losses, damage, injuries or expenses incurred by Other Parties as a result of any disclosures made by MediQuick India, where Other Parties have consented to the making of such disclosures by MediQuick India. If the Other Parties had revoked such consent under the terms of the Privacy Policy, then MediQuick India shall not be responsible or liable in any manner to the Other Parties for any losses, damage, injuries or expenses incurred by the Other Parties as a result of any disclosures made by MediQuick India prior to its actual receipt of such revocation.
  • The Other Parties shall not hold MediQuick India responsible or liable in any way for any disclosures by MediQuick India under Regulation 6 of the SPI Rules.
  • The Services provided by MediQuick India or any of its licensors or providers or Third Party Service Providers are provided ‘as is’, as available, 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). MediQuick India does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services. MediQuick India does not verify any content or information provided by the Other parties on the Website and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the MediQuick India content, Third Party Contents, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
  • The Website may be linked to the website of third parties, affiliates and business partners. MediQuick India  has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that MediQuick India  endorses the linked website. Other Parties may use the links and these services at their own risk.
  • MediQuick India  shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; MediQuick India  shall not be responsible for any error in any of the services being provided by the Third Party Service Providers.
  • Users accept and acknowledge that MediQuick India  does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods/ products and services made available on its Website by Third Party Service Providers, including any guarantee or warrantee that such goods/products (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Third Party Service Providers have legal title over the goods/products being offered for sale by them on the Website. MediQuick India  also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Services offered or services offered or provided by the Third Party Service Providers.
  • The Other Parties further accept and acknowledge that MediQuick India  does not verify any content or information provided by either the Users or the Third Party Services/ or obtained from the Users or the Third Party Service Providers, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the MediQuick India  Content, Third Party Content, representations and warranties made by the Other Parties on the Website or any opinion or suggestion given or expressed by MediQuick India  or any Third Party Service Providers in relation to any services provided by MediQuick India.
  • MediQuick India  assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Other Parties’ equipment on account of the Other Parties’ 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 any of the Other Party is dissatisfied with the Website, the sole remedy of such Other Party(s) is to discontinue using the Website.
  • The listing of Third Party Service Providers on the Website is based on numerous factors including Users comments and feedbacks. In no event shall the Protected Entities (as defined herein below) be liable or responsible for the listing order of Third Party Service Providers on the Website.
  • In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Third Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Third Party Service Providers; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User,Third Party Service Providers or other person on or through the Website.
  • MediQuick India  disclaims any liability in relation to the validity of the medical advice provided by the Medical Experts and the validity and legality of the e-prescription for dispensation of medicines and conduct of diagnostic tests. All liabilities arising out of any wrong diagnosis of medical condition by the Medical Experts and/ or arising from the e-prescription will be of the concerned Medical Expert. Further, all liabilities arising out of any wrong diagnosis report by the Third Party Labs and/ or arising from the wrong dispensation of the Pharmaceutical Goods and Services will be of the concerned Third Party Labs or the Third Party Pharmacies as the case may be.
  • With respect to the Consultation Services, after selection of the type of treatment viz. Homeopathy, Allopathy or Ayurveda along with the specification of the disease by the patient, MediQuick India  will decide the  Medical Expert to whom the query should be directed based on the information shared by the User. However, in no event the Protected Entities shall be held liable for the losses attributable to such decision  making   in no event shall the Protected Entities be liable for any Consultation provided and/or e-prescription issued by the Medical Expert by using the interface of online medical consultancy.
  • The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Website.
  • In no event shall the Protected Entities be liable for failure on the part of the Users or Third Party Service Providers to provide agreed services or to make himself/herself available at the appointed time,       cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the Users in relation to the services provided by a Third Party Service Providers.

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 Rs. 1000/- (Rupees One Thousand Only).

 

19. GRIEVANCE /REDERESSAL   INFORMATION

 

A.      19.1 If a User has any  QUERY , questions or problems  concerning  MediQuick Inia , the Website, this Agreement, the Services, or anything related to any of the foregoing,  MediQuick India  customer support can be reached at the following email address    [email protected]

B.      In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our

Grievance Officer at:

Name:  ***************

Contact:  [email protected]

In the event you suffer as a result of access or usage of our Website by any person in violation

of Rule 3 of the IG Rules, please address your grievance to the above person.

 

20. RETENTION AND REMOVAL

 

MediQuick India may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

 

 

21 .APPLICABLE LAW AND DISPUTE SETTLEMENT

 

 

20.1 You agree that this Agreement and any contractual obligation between MediQuick India and User will be governed by the laws of India.

20.2  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 India, before a sole arbitrator appointed by MediQuick India. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi . 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.

20.3 Subject to the above Clause 9.2, the courts at New Delhi 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.

 

22 .SEVERABILITY

 

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

 

23 WAIVER

 

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by MediQuick India. Any consent by MediQuick India to, or a waiver by MediQuick India of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

SCHEDULE

 

1.TERMS OF SERVICE – ONLINE APPOINTMENT BOOKING FACILITY.

 

1.1  PARTNERS - MediQuick India’s esteemed  business Partners ,sellers , doctors, clinic managers, and other medical doctor or health care professionals,  who are listed and have a profile on www.MediQuick India.com  and comply with the Terms of Use of www.MediQuick India.com.

 

1.2 ONLINE APPOINTMENT BOOKING FACILITY

 

Online Appointment Booking is a facility offered by MediQuick India.com to patients for booking appointments online with our partners.

1.3 OBJECTIVES OF ONLINE APPOINTMENT BOOKING FACILITY

 

The two-fold objective of MediQuick India.com is to ensure:

Excellent experience for our patients by minimizing their waiting time

Excellent experience for our partners by maximizing their utilization of time

Best exposure & experience of digital India services through electronic payment facilities or cash less facilities

 

1.4 MANDATORY TERMS OF SERVICE FOR PARTNERS

 

Every doctor should honour all appointments booked via MediQuick India.com.

It is mandatory that the patient meets the same doctor with whom the appointment has been confirmed.

The doctor should communicate about any expected delay/cancellation at least 2 hours prior to the scheduled time of appointment.

Non-compliance to the above will lead to poor patient experience and may attract penalties from MediQuick India including, but not limited to, withdrawal of the ‘Book’ Privilege button and might have an adverse effect on the relevance score of the establishment on MediQuick India reserves the right to withdraw the ‘Book’ privilege button.

 

1.5 MANDATORY TERMS OF SERVICE FOR PATIENTS

 

‘Instant - Book Appointment’ button on MediQuick India.com is a privilege given to the Patient, MediQuick India reserves the right to withdraw this in case of repeated instances of “Patient No Show”.

 

1.6 PRIVILEGES FOR PARTNERS

 

For complying with the terms of service on MediQuick India.com the partners will be offered following privileges:

Online Appointments Booking Facility & also the electronic mode of payment of facility ( or cashless )

Patients can seamlessly book appointments 24x7 on MediQuick India.com or MediQuick India App.

Improve relevance score on MediQuick India.com.

MediQuick India provides the services on “as is” and “as available” basis. MediQuick India does not represent, warrant or guarantee that your access to or use of MediQuick India.com:

(a) Will be uninterrupted or error free; or

(b) will result in any requests for appointments. Notwithstanding anything contained herein, MediQuick India disclaims all liability for any act or omission of you, any Patient or other third party.

 

24. User Agreement for using the the Website You Represent And Warrant The followings -:

 

(a)    You are 18 years of age or older and that you do not violate any  of the  guidelines or applicable law or regulation; etc ,

(b)   You agree & are accountable and responsible for ensuring that all the information submitted by you are true and accurate  & you maintain a standard accuracy of such information  & refrain your self for entering inaccurate or incorrect information .

(c)    General User’s registration on the Website or the Mobile application  is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.

(d)   Your personal and non-commercial use of this Website shall be subjected to the following restrictions:

(e)    You may not modify any content of the Website ;

(f)    You may not destroys , decompile, reverse engineer,  entering objectionable matter  on the website or disassemble the content;

(g)   An organisation company or business can only be registered through the business registration process

(h)   (g) You may not remove any copyright, trademark registration, or other proprietary notices from the Website or mobile application   . You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content

(i)     You will not:

(j)     Use the Service available on the Website or mobile application  for commercial purposes of any kind; or

(k)   Use the Website or mobile application and/or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion.

(l)     You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component.

(m) You will not impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website and/or the Services.

(n)   You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "grieving" as those terms are commonly understood and used on the Internet.

(o)   You will not delete or modify any content of the Website and/or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

(p)   The Company cannot and will not assure you that other MediQuick India Users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

(q)   All information, content and material contained in the Website and/or Services are the Company's intellectual property. All trademarks, services marks, trade names, and trade dress are proprietary to the Company. No information, content or material from the Website and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Company's express written permission.

(r)     You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by the Company and different terms of use and privacy policies may apply. By accessing links to other sites, you acknowledge that the Company is not responsible for those sites. The Company reserves the right to disable links from third-party sites to the Website, although the Company is under no obligation to do so.

(s)    You expressly understand and agree that:

(t)     The information, content and materials on this Website and/or Services are provided on an "as is" and "as available" basis. The Company and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

(u)   The Company does not warrant that the functions contained in content, information and materials on the Website and / or Services, including, without limitation any third party sites or services linked to the Website and / or services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components.

(v)   Any material downloaded or otherwise obtained through the Website and / or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.

(w) You hereby indemnify, defend, and hold the Company, the Company's distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Website.

Pharmaceuticals

 

1.    Use of Services and the Website:

 

1.1   E-Commerce Platform for  Healthcare & Pharmaceutical Products ( OTC’S )

 

1.1.1           MediQuick India Healthcare & Wellness Pvt Ltd. (https://www.mediquickindia.com, https://www.mediquickindia.co.in, https://www.mediquickindia.in  )  is a Platform to facilitate transaction of business:  -

                          

MediQuick India through its unique e-commerce platform facilitates the sale & purchases of medicines /drugs & any other pharmaceuticals goods and services which are offered by the Third party pharmacies.  You understand and agree that MediQuick India and the Website or mobile app ` merely provide hosting services to you and persons browsing / visiting the Website.  All the items listed on the website or the mobile app are offered by the third party pharmacy & these contents are also generated by them.  MediQuick India has no control over such third party user generated contents and/ Pharmaceutical Goods and Services and does not - originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The Authenticity and genuineness of all the medical & pharmaceutical goods and services made available by the Third Party Pharmacies through the Website shall be the sole responsibility of the Third Party Pharmacies. By using the website you understand & agree that mediquickindia shall not have any liability or accountability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.

 

1.1.2          You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Pharmaceutical Goods and Services are offered by and agreed to between You and the Third Party Pharmacies and the contract for purchase of any of the Pharmaceutical Goods and Services, offered for sale on the Website by the Third Party Pharmacies shall strictly be a bipartite contract between the Third Party Pharmacies and You.

1.1.3          The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies, and after sales services related to such Pharmaceutical Goods and Services. MediQuick India does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between You and the Third Party Pharmacies.

 

1.2   Representation as to legal title

1.2.1          MediQuick India does not make any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies on the Website. At no time shall any right, title, claim or interest in the products sold through or displayed on the Website vest with MediQuick India nor shall MediQuick India have any obligations, liabilities or any accountability in respect of any transactions on the Website. You agree and acknowledge that the ownership of the inventory of such Pharmaceutical Goods and Services shall always vest with the Third Party Pharmacies, who are advertising or offering them for sale on the Website and are the ultimate sellers.

1.2.2          You agree and acknowledge that the Third Party Pharmacies shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third Party Pharmacies do not have the sole and exclusive legal ownership over the Pharmaceutical Goods and Services that have been offered for sale on the Website by such Third Party Pharmacies, or did not have the absolute right, title and authority to deal in and offer for sale such Pharmaceutical Goods and Services on the Website.

 

1.3  Non-Performance / Breach of   Contact

 

You understand, accept & acknowledge the followings .

1.3.1          Any unsatisfactory, delayed, non-performance of contract entered into between you and the Third party pharmacies for purchase or sale of goods and services offered by the Third Party Pharmacies on the Website. You understand & acknowledge that MediQuick India shall not be held responsible for any such Breach of contract;

1.3.2          MediQuick India cannot and does not guarantee that the concerned Third Party Pharmacies will perform any transaction concluded on the Website;

1.3.3          The Third Party Pharmacy(s) are solely responsible for ensuring that the Pharmaceutical Goods and Services offered for sale on the Website are kept in stock for successful fulfilment of orders received. Consequently, MediQuick India is not responsible if the Third Party Pharmacy(s) does not satisfy the contract for sale of Pharmaceutical Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You; and

1.3.4          MediQuick India shall not and is not required to mediate or resolve any dispute or disagreement between You and Third Party Pharmacies. In particular, MediQuick India does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website.

1.4    Exhibition of drugs / pharmaceutical  products and publication of Third Party Pharmacies content on the Website

1.4.1          You agree and acknowledge that the respective Third Party Pharmacies are exhibiting Third Party Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website.

1.4.2          The Third Party Content available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Third Party Pharmacies on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.

1.4.3          You acknowledge and agree that such Third Party Pharmacies shall be solely responsible for ensuring that such Third Party Content made available regarding the Pharmaceutical Goods and Services offered for sale on the Website, are not misleading and describe the actual condition of the Pharmaceutical Goods and Services. In this connection, it is solely the responsibility of the concerned Third Party Pharmacy(s) to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such Pharmaceutical Goods and Services so as to mislead the Users in any manner. You acknowledge and understand that MediQuick India provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website and You must run Your own independent check. You agree and acknowledge that MediQuick India has not played any role in the ascertainment of the actual impact/ effect of any Pharmaceutical Goods and Services being offered for sale by the Third Party Pharmacies on the Website. Further, it is hereby clarified that the Third Party Pharmacies are offering the Pharmaceutical Goods and Services for sale to you and they are responsible for procuring the appropriate licenses for the same under the Drugs Act read with the Drug rules and the Pharmacy Act. You agree and acknowledge that you shall not hold MediQuick India responsible or liable for any damages arising out of such reliance on third party user generated content by you.

1.5  Prescription Drugs/ Medicines / Pharmaceutical Products /

1.5.1          The Website is a platform that can be used by the Users to purchase various drugs and pharmaceutical products that requires a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the Website by Third Party Pharmacies. In order to purchase Prescription Drugs from Third Party Pharmacies through the Website, You are required to upload a scanned copy of the valid prescription on the Website or email the same to MediQuick India. The order would not be processed and forwarded to the concerned Third Party Pharmacy(s) by MediQuick India until it receives a copy of a valid prescription. Third Party Pharmacies will verify the prescription forwarded by You and in case of Third Party Pharmacy(s) observe any discrepancy in the prescription uploaded by You, the Third Party Pharmacy(s) will cancel the order immediately. You are also required to make the original prescription available at the time of receipt of delivery of Prescription Drugs. You shall allow the delivery agent to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered.

1.5.2          MediQuick India shall maintain a record of all the prescriptions uploaded by the Users.

 

1.6    Substitution of Prescribed Drugs

1.6.1          You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name.

1.6.2          You further acknowledge and accept that, in the absence of the above, the concerned Third Party Pharmacy would not dispense a substitute drug in place of the Prescription Drug.

1.7   Invitation to offer for sale

1.7.1          Notwithstanding anything else contained in any other part of these Terms of Use, the listing of drugs and other pharmaceutical products on the Website by the Third Party Pharmacies is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by You shall constitute an offer by You to enter into an agreement with the Third Party Pharmacies (“Offer”). Post the Offer from the Third Party Pharmacies, MediQuick India shall send an email to You with the information on the Offer along with the details of the concerned Third Party Pharmacy(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the Third Party Pharmacy(s) after the validation/ verification of the prescription by such Third Party Pharmacy (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant Third Party Pharmacy(s) (in the case of prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to You.

1.7.2          For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/ offered for sale by the Third Party Pharmacy’, as appearing in these Terms of Use, shall be construed solely as an ‘invitation to offer for sale’ by any such Third Party Pharmacy

1.8  Transfer of Property and Completion of Sale

1.8.1          Upon acceptance of the Offer by the concerned Third Party Pharmacy (being the brick and mortar pharmacy, the Pharmaceutical Drugs and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Third Party Pharmacy, wherever required under the applicable law(s).

1.8.2          You agree and acknowledge that the property and title in the Pharmaceutical Drugs and Services ordered by You shall stand immediately transferred to You upon the dispensation of Pharmaceutical Drugs and Services and the raising of the invoice at the concerned Third Party Pharmacy. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded at the concerned Third Party Pharmacy itself.

1.8.3          The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to You shall be issued by the concerned Third Party Pharmacy (being the brick and mortar pharmacy) which is to process and satisfy the order for such Pharmaceutical Drugs and Services.

1.9   Delivery of Drugs

1.9.1          The Pharmaceutical Drugs and Services shall be delivered by the Third Party Pharmacy or independent contractors. You accept and acknowledges that the Third Party Pharmacy or such other transporter/ courier/ delivery personnel, engaged by the Third Party Pharmacy or MediQuick India, shall be independent contractors in-charge of the delivery of the Pharmaceutical Drugs and Services from the concerned Third Party Pharmacy to the address notified by You, with no control over the Pharmaceutical Drugs and Services and no additional obligation apart from standard delivery obligations and duty of care.

1.9.2          You further accept and acknowledge that MediQuick India does not engage in the distribution of the Pharmaceutical Drugs and Services, and may provide the services of a third party transporter/ courier delivery personnel for the purposes of delivery of Pharmaceutical Drugs and Services from the concerned Third Party Pharmacy to the address notified by you.

2.    Advertising Guidelines for the Website

 

2.1   As part of the Services provided by Us; We facilitate and allow Third Party Advertisers to place advertisements on the Website. Accordingly, there are guidelines (as listed herein below) which the Third Party Advertisers have to follow for placing such advertisements (the “Advertising Policy”).

2.2   For the Users: MediQuick India clearly distinguishes between the editorial content and content that is created or provided by one of Our Third Party Advertisers. The advertisements will be labelled as "sponsored", "from our Advertisers" or "advertisement". This content will not be reviewed by Our in-house editorial staff and shall not be subject to Our editorial policy (as set out herein below) but shall be subject to the Advertising Policy, these Terms of Use (except the editorial policy) and the Privacy Policy.

2.3   For the Third Party Advertisers: The Third Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising the consumer protection. The Advertising Policy applies to all the advertisements, listed or sought to be listed, on the Website.

2.4   General Rules: All the advertisements must comply with the Advertising Policy, the terms of these Terms of Use (except the editorial policy) and the Privacy Policy. MediQuick India  may, at any time and without having to serve any prior notice to the Third Party Advertisers, (i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit, and (ii) change the content of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy. It is the responsibility of the Third Party Advertisers, in such cases, to review the terms of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are posted. MediQuick India  may also alter or remove any content from the Website without notice and without liability. The Third Party Advertisers are also responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Third Party Advertiser(s) are based out of, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous.

2.5   Review: All the advertisements are subject to the review and approval of MediQuick India . MediQuick India  reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, MediQuick India  also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.

2.6   Prohibited Content: The advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited:

2.6.1          The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited:

2.6.2          Content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class;

2.6.3          content depicting nudity, sexual behaviour, or obscene gestures;

2.6.4          content depicting drug use

2.6.5          content depicting excessive violence, including the harming of animals;

2.6.6          shocking, sensational, or disrespectful content;

2.6.7          deceptive, false or misleading content, including deceptive claims, offers, or business practices;

2.6.8          content that directs users to phishing links, malware, or similarly harmful codes or sites; and

2.6.9          content that deceives the Users into providing personal information without their knowledge, under

2.6.10      False pretences, or to companies that resell, trade, or otherwise misuse that personal information.

 

2.7 Prohibited Advertisements: Advertisements for the following products and services are prohibited:

a.       adult products and services (other than contraceptives; see below);

b.      cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;     2.7.3 products or services that bypass copyright protection, such as software or cable signal descramblers;

c.       products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy;

d.      get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;

e.      illegal or recreational drugs or drug paraphernalia;

f.        counterfeit, fake or bootleg products, or replicas or imitations of designer products;

g.       firearms, weapons, ammunition, or accessories;

h.      advertisements that promote particular securities or that provide or allege to provide insider tips;

i.         any illegal conduct, product, or enterprise;

j.        unapproved pharmaceuticals and supplements;

k.       prescription drugs;

l.         products that have been subject to any government or regulatory action or warning;

m.    products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance; and

n.      Material that directly advertises products to or is intended to attract children under the age of 13.

2.8 Prohibited Advertisements under the Drugs and Magic Act:

a.       subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement referring to any drug which suggest or are calculated to lead to the use of that drug for –

b.      the procurement of miscarriage in women or prevention of conception in women; or

c.       the maintenance or improvement of the capacity of human beings for sexual pleasure; or

d.      the correction of menstrual disorder in women; or

e.      the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the schedule of the Drugs and Magic Act, or any other disease, disorder or condition (by whatsoever name called) which may be specified in the rules made under the Drugs and Magic Act; or

f.        provided that no such rule shall be made except, – (i) in respect of any disease, disorder or condition which requires timely treatment in consultation with a doctor or for which there are normally no accepted remedies; or

g.       prohibition of misleading advertisements relating to drugs;

h.      subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which:

i.         directly or indirectly gives a false impression regarding the true character of the drug; or

j.        makes a false claim for the drug; or

k.       is otherwise false or misleading in any material particular.

l.         It is hereby clarified that that the Third Party Advertisers will comply with all the provisions of the Drugs and Magic Act and the rules made thereunder. Further, it is agreed that the Third Party Advertisers shall be solely responsible for any penalty or any action taken by the governmental authorities for non-compliance with the Drugs and Magic Act and the rules made thereunder.

 

2.9 Restricted Advertisements: Advertisements in the following categories are restricted and require approval on a case-by-case basis:

a.       advertisements that promote or reference alcohol;

b.      advertisements for online dating services;

c.       advertisements for gambling and games of skill;

d.      advertisements for lotteries;

e.      advertisements for financial services;

f.        advertisements for contraceptives;

g.       advertisements for online pharmacies or pharmaceuticals; and

h.      Political advertisements.

 

2.10   Testimonials & Endorsements:

         i.            Any testimonials and endorsements contained in advertisements must comply with all applicable law(s), industry codes, rules, and regulations. For example, a clear and conspicuous disclaimer is required if an endorser's results were atypical or if the endorser was paid;

       ii.            MediQuick India recognizes and maintains a distinct separation between advertising and sponsored content and editorial content. All advertising or sponsored content on the Website of the Company will be clearly and unambiguously identified; and

      iii.            a click on an advertisement may only link the User to the website of the Third Party Advertiser(s).

 

                                                                                                                             3.   DIAGONOSTICS LABORATORY SERVICES TERMS OF USE

 

3.1 Diagnostics Services –

 

A.      As a condition of Your use of and access to the diagnostic services provided through the Website and Your acceptance of these Terms of Use, You are subject to the following rules/ guidelines:

3.2 Terms for use of the Diagnostic Services:

 

A.      MediQuick India provides Services through the Website as a marketplace and facilitates the Users to avail diagnostic test/ packages facilities offered by Third Party Labs through the Website. MediQuick India  is not and shall not be responsible for any sample collected, tests conducted and reports generated by the Third Party Labs and does not deal with any of Third Party Labs’ client or patient managed by Third Party Labs through the Website and only provides facilitation Services to the Users through the Website. Use of the Website may require the Third Party Labs to use software and the Third Party Labs have to ensure the procurement of such software from the concerned providers. User and the Third Party Labs agree to use the Website and the materials provided therein only for purposes that are permitted by: (a) these Terms of Use; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.

B.      The Third Party Labs may not access the Services if the Third Party Labs are MediQuick India ’s direct competitor, except with MediQuick India ’s prior written consent. In addition, the Third Party Labs may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

C.      MediQuick India  will provide to the Third Party Labs basic support for the Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Services available 24 (twenty-four) hours a day, 7 (seven) days a week, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond MediQuick India ’s reasonable control, including without limitation Force Majeure Events (as defined herein below). MediQuick India  will provide the Services only in accordance with applicable law(s) and government regulations.

D.      The Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Third Party Labs are permitted to make against MediQuick India ’s application programming interface, and, other limitations dependent on the Third Party Labs plan, for example, number of SMS, or number of Users. Any such limitations are specified in the Third Party Labs’ plans. The Services provide real-time information to enable Third Party Labs to monitor such Third Party Labs’ compliance with such limitations.

E.       Notwithstanding anything to the contrary contained herein, Third Party Labs alone shall be liable for Third Party Labs’ dealings and interaction with the Users who avail the services of the Third Party Labs or diagnostic centres contacted or managed through the Website and MediQuick India shall have no liability or responsibility in this regard. MediQuick India does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Third Party Labs or any diagnostic centre or any third party through the Website. The Services should not be used for emergency appointment purposes.

F.       Notwithstanding anything to the contrary contained herein, Third Party Labs alone shall be liable for dealings and interaction with Users contacted or managed through the Website and MediQuick India shall have no liability or responsibility in this regard. MediQuick India does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the tests conducted and reports generated by the Third Party Labs.

G.     MediQuick India may, at its sole discretion, suspend Third Party Labs or Users ability to use or access the Website at any time while MediQuick India investigates complaints or alleged violations of these Terms of Use, or for any other reason. MediQuick India has the right to edit profiles of Third Party Labs to make them more suitable for package searches on the Website. If Third Party Labs and/ or Users find any wrong information on the Website in relation to such Third Party Labs and/ or User, they can correct it themselves or contact MediQuick India immediately for such corrections. MediQuick India shall have no liability or responsibility in this regard.

 

3.3 Payment, Fees and Taxes:

 

         i.            Registration on the website and the access of the information provided on the website is free . MediQuick India does not charge any fee for accessing , browsing, searching  for any products or services on the website or mobile application. However,  for buying any product & services you agree and understands to make all  payments on the website which is the medium of facilitation of  the payment to third party pharmacies or pharmaceuticals goods and services  and all the payment that you make on the website which directly or indirectly  goes to  the third part y pharmacies or the pharmaceutical companies  who are selling  any goods or services  also any online payment using credit / debit card or the net banking)

       ii.            In relation to the diagnostic services being availed from the Website, Third Party Labs agree to pay all package fees, consulting fees and other fees applicable to the Third Party Labs use of such Services and the Third Party Labs shall not circumvent the fee structure. The fee is dependent on the package that the Third Party Labs purchase and not on actual usage of the Services. In relation to the Users using the diagnostic Services, the Users agree to make all payments directly to the respective Third Party Labs for use of the diagnostic Services from the Website. You agree and acknowledge that You shall not hold MediQuick India  responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of the Third Party Labs’ any actions/ omissions which are beyond the control of MediQuick India .

      iii.            Each User / Third Party Service Providers are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. MediQuick India  is in no way responsible for any of the taxes except for its own income tax.

     iv.            The subscription fees for the Services, if any charged by MediQuick India, could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. MediQuick India  is not responsible for any loss or damage caused to User/ Third Party Service Providers during this process as these third parties are beyond the control of MediQuick India . The fees could also be paid offline and be either collected personally from the User/ Third Party Service Providers or required to be mailed to MediQuick India at the following address:

MediQuick India Healthcare & Wellness PVT LTD A-58-B Chankya place PART -1 New Delhi -110059 India.

       v.            All fees are exclusive of applicable taxes.

     vi.            MediQuick India reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.

    vii.            In order to process the payments, MediQuick India might require details of User’s/ Third Party Service Providers’ bank account, credit card number etc. Please check Our Privacy Policy on how MediQuick India uses the confidential information provided by Users.

 

3.4 Return, Refund, Cancellation and Shipping charges:

 

A.      We offer return and refund on the products and Services ordered by You on the Website which are subject to further terms and conditions as detailed in the return, refund, cancellation and shipping charges policy (“Return and Refund Policy”). The Return and Refund Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same.

3.5 Covenants: (Covenanters for the purposes of these Terms of Use shall include the Users and the Third Party Service Providers)

 

A. Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -

B.      belongs to another person and to which the such Covenanter does not have any right;

C.      is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, 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;

D.      infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;

E.       violates any law for the time being in force;

F.       impersonates another person;

G.     contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

H.      is prohibited under applicable law(s) for the time being in force including Drugs Act read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as amended from time to time and rules made there under; and

I.        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.

 

3.6 You are also prohibited from:

 

(a)    violating or attempting to violate the integrity or security of the Website or any MediQuick India  Content;

(b)   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 MediQuick India ;

(c)    intentionally submitting on the Website any incomplete, false or inaccurate information;

(d)   making any unsolicited communications to other Covenanters;

(e)    using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;

(f)    attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

(g)   copying or duplicating in any manner any of the MediQuick India  Content or other information available from the Website; and

(h)   Framing or hot linking or deep linking any MediQuick India Content.

3.7   MediQuick India , 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 in this Clause 4, shall be entitled to disable such information that is in contravention of this Clause 4 or any provisions of these Terms of Use. MediQuick India shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

3.7.1 In case of non-compliance with any applicable law(s), rules or regulations, or these Terms of Use or the Privacy Policy by a Covenanter, MediQuick India has the right to immediately terminate the access or usage rights of the Covenanter to the Services and to remove noncompliant information.

 

3.8 Liability

3.8.1  MediQuick India shall not be responsible or liable in any manner to the Users or any Third Party Service Providers (collectively referred to as the “Other Parties”) for any losses, damage, injuries or expenses incurred by Other Parties as a result of any disclosures made by MediQuick India, where Other Parties have consented to the making of such disclosures by MediQuick India. If the Other Parties had revoked such consent under the terms of the Privacy Policy, then MediQuick India shall not be responsible or liable in any manner to the Other Parties for any losses, damage, injuries or expenses incurred by the Other Parties as a result of any disclosures made by MediQuick India prior to its actual receipt of such revocation.

3.8.2 The Other Parties shall not hold MediQuick India responsible or liable in any way for any disclosures by MediQuick India under Regulation 6 of the SPI Rules.

3.8.3 The Services provided by MediQuick India or any of its licensors or providers or Third Party Service Providers are provided ‘as is’, as available, 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). MediQuick India does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services. MediQuick India does not verify any content or information provided by the Other Parties on the Website and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the MediQuick India Content, Third Party Contents, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.

3.8.4 The Website may be linked to the website of third parties, affiliates and business partners. MediQuick India has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that MediQuick India endorses the linked website. Other Parties may use the links and these services at their own risk.

3.8.5 MediQuick India shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; MediQuick India shall not be responsible for any error in any of the services being provided by the Third Party Service Providers.

3.8.6 Users accept and acknowledge that MediQuick India does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods/ products and services made available on its Website by Third Party Service Providers, including any guarantee or warrantee that such goods/ products (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Third Party Service Providers have legal title over the goods/products being offered for sale by them on the Website. MediQuick India also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Services offered or services offered or provided by the Third Party Service Providers.

3.8.7 The Other Parties further accept and acknowledge that MediQuick India does not verify any content or information provided by either the Users or the Third Party Services/ or obtained from the Users or the Third Party Service Providers, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the MediQuick India Content, Third Party Content, representations and warranties made by the Other Parties on the Website or any opinion or suggestion given or expressed by MediQuick India or any Third Party Service Providers in relation to any Services provided by MediQuick India.

3.8.8 MediQuick India assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Other Parties’ equipment on account of the Other Parties’ 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 any of the Other Party is dissatisfied with the Website, the sole remedy of such Other Party(s) is to discontinue using the Website.

3.8.9 The listing of Third Party Service Providers on the Website is based on numerous factors including Users comments and feedbacks. In no event shall the Protected Entities (as defined herein below) be liable or responsible for the listing order of Third Party Service Providers on the Website.

3.8.10 To the maximum extent permitted by applicable law(s), MediQuick India, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.

3.8.11 In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Third Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Third Party Service Providers; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third Party Service Providers or other person on or through the Website.

3.8.12 MediQuick India disclaims any liability in relation to the validity of the medical advice provided by the Medical Experts and the validity and legality of the e-prescription for dispensation of medicines and conduct of diagnostic tests. All liabilities arising out of any wrong diagnosis of medical condition by the Medical Experts and/ or arising from the e-prescription will be of the concerned Medical Expert. Further, all liabilities arising out of any wrong diagnosis report by the Third Party Labs and/ or arising from the wrong dispensation of the Pharmaceutical Goods and Services will be of the concerned Third Party Labs or the Third Party Pharmacies as the case may be.

3.8.13 The Users may share their previous medical history during interaction with the Medical Experts. The Users undertake to share such information at their own risk. MediQuick India reserves the right to retain such information for the purpose of providing Services to the Users.

3.8.14 With respect to the Consultation Services, after selection of the type of treatment viz. Homeopathy, Allopathy or Ayurveda along with the specification of the disease by the patient, MediQuick India will decide the Medical Expert to whom the query should be directed based on the information shared by the User. However, in no event the Protected Entities shall be held liable for the losses attributable to such decision making and in no event shall the Protected Entities be liable for any Consultation provided and/or e-prescription issued by the Medical Expert by using the interface of online medical consultancy.

3.8.15 The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Website.

3.9  Indemnity

 

The Covenanters agree to defend, indemnify and hold harmless MediQuick India, the Protected Entities, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Covenanters access to or use of Website; (b) Covenanters violation of these Terms of Use or any applicable law(s); (c) Covenanters violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Covenanters conduct in connection with the Website.

 

3.10 Modification of Website

 

MediQuick India reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that MediQuick India will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.

 

3.11  Intellectual property rights

 

All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

 

3.12 Force Majeure

 

Other Parties accept and acknowledge that MediQuick India shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of MediQuick India or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond MediQuick India’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, MediQuick India, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event.

 

3.13 Governing Law and Dispute Resolution

 

These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Other Party(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at New Delhi. All disputes will be subject to arbitration at New Delhi in English by a sole arbitrator appointed by MediQuick India under the Arbitration and Conciliation Act, 1996.

 

3.14 Survival

Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

 

3.15 Severability

 

If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

 

3.16  Waiver

 

No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by MediQuick India. Any consent by MediQuick India to, or a waiver by MediQuick India of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

 

3.17 Headings

 

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use.

3.18  Contact Information

 

If any Other Party(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at  [email protected] If any Other Party(s) has any questions concerning MediQuick India, the Website, these Terms of Use, or anything related to any of the foregoing, MediQuick India can be reached at the following email address - [email protected] or via the contact information available from the following hyperlink: www.mediquickindia.com/contact

 

 

 

 

 

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