Acceptance of Terms

By downloading, installing, accessing, registering with, or using the Medical Mitra (“App”) mobile application operated by Shankarmed Innovations Private Limited (“Company”, “we”, “our”, or “us”), you agree to be bound by these Terms and Conditions of Service and User Agreement (“Terms”).

Definitions

For the purposes of these Terms, unless the context otherwise requires, the following terms shall have the meanings set forth below:

Electronic Record and Consent

These Terms constitute an electronic record within the meaning of the Information Technology Act, 2000 and the applicable rules thereunder, as amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

By accessing, registering with, clicking “I Agree,” or using the App, the User provides free, informed, specific, and unambiguous consent to be bound by these Terms through electronic means. Such electronic acceptance shall be deemed valid and legally enforceable under applicable law in India.

Nature and Scope of Services

The App is a technology-driven digital platform developed and operated by the Company to assist users in locating nearby doctors, hospitals, clinics, ambulance services, pharmacies, pathology laboratories, diagnostic laboratories, diagnostic centres, home care providers.

The App provides directory listings, discovery tools, search features, location-based assistance, booking facilitation services, and payment integration where enabled.

Service Availability and Appointment Information

The Company endeavors to display accurate and updated information regarding healthcare provider availability, appointment slots, consultation fees, service categories, and operational hours as made available to it by the respective healthcare providers or through integrated systems. However, such information is provided on a best-efforts and informational basis only.

Healthcare providers independently determine their schedules, availability, consultation modes, pricing, and service capacity. Availability displayed on the App may change due to provider discretion, emergencies, patient load, technical issues, regulatory requirements, force majeure events, or other operational circumstances beyond the Company’s reasonable control.

While the Company facilitates appointment discovery and booking where enabled, final confirmation, rescheduling, cancellation, or modification of appointments remains subject to the policies and operational constraints of the respective healthcare provider.

In the event of booking failures caused solely by technical errors attributable to the App (such as duplicate bookings or payment deduction without confirmed appointment), the Company shall take reasonable steps to assist the user in resolving the issue, including coordinating with the provider or facilitating refund processing in accordance with applicable policies.

No Medical Advice and Emergency Disclaimer

The Company does not provide medical advice, diagnosis, prescription, treatment, emergency response services, healthcare services, dispatch services, or ambulance operations of any kind.

All information, listings, or discovery tools available through the App are provided solely for informational and facilitation purposes and shall not be construed as a substitute for professional medical consultation or emergency response services.

In the event of a medical or other emergency, users must immediately contact the appropriate government authorities or authorized emergency service providers. In India, users may dial the national emergency helpline number 112 or any other officially recognized emergency service number.

The App does not operate as an emergency response system and must not be relied upon in urgent or life-threatening situations.

The Company does not guarantee the availability, accuracy, responsiveness, or effectiveness of any emergency contact feature, listing, or third-party ambulance service accessible through the App.

To the fullest extent permitted under applicable law, the Company expressly disclaims all liability for any injury, loss, damage, claim, delay, medical complication, or other consequences arising out of or in connection with reliance on the App in emergency situations or failure to obtain timely emergency assistance.

No Doctor–Patient or Agency Relationship

Use of the App does not create a doctor–patient relationship, hospital–patient relationship, agency, partnership, employment, fiduciary, or similar relationship between the user and the Company.

Healthcare services are rendered independently by third-party providers at their sole discretion and responsibility.

The App may display listings or discovery information relating to pharmacies, chemists, drug stores, or pharmaceutical service providers for informational and facilitation purposes only.

Pharmacy Disclaimer & Payment Routing

The Company operates only as a technology platform and does not sell or dispense medicines. The Company is not an online pharmacy, retail pharmacy, wholesale drug distributor, or licensed drug seller under the Drugs and Cosmetics Act, 1940.

All medicines available on the App are sold and fulfilled directly by independent licensed pharmacies. These pharmacies are solely responsible for prescription verification, storage, dispensing, billing, delivery, and compliance with applicable laws.

When you place an order, your purchase is made directly from the licensed pharmacy. The Company only facilitates the transaction through its platform. Payments for medicine orders may be collected through the App on behalf of the licensed pharmacy and then transferred to the pharmacy.

User Account Creation, Eligibility and Security

The App is intended solely for individuals who are eighteen (18) years of age or older and who are competent to contract under applicable law.

By accessing, registering for, or using the App, the User represents and warrants that they are at least 18 years of age and legally capable of entering into a binding agreement.

The Company does not knowingly permit individuals under the age of 18 to create accounts or use the App. If the Company becomes aware that an individual under 18 has registered, created an account, or provided personal data without lawful authority, the Company reserves the right to immediately suspend or terminate such account and delete associated information in accordance with applicable law.

Users agree to provide accurate, complete, and current information during registration and while using the App. The Company reserves the right to verify user information and to suspend, restrict, or terminate accounts that provide false, misleading, or incomplete information.

Users are solely responsible for maintaining the confidentiality of their login credentials and for all activities conducted under their account. The Company shall not be liable for any unauthorized access resulting from the User’s failure to safeguard account credentials.

User Representations and Warranties

• All information provided by the user is accurate and current.
• The user will not use the App for unlawful, fraudulent, abusive, or malicious purposes.
• The user will not misuse ambulance or emergency discovery features.
• The user will comply with applicable Indian laws while using the App.

Application Use and Restrictions

Users shall not engage in:

• Scraping or automated data extraction
• Reverse engineering
• System interference
• Malware transmission
• Impersonation
• Unlawful communication
• Fraudulent conduct
• Exploitation of database content

The Company may initiate appropriate legal action for violations.

User-Generated Content, Reviews, and Content Moderation

Users may submit ratings, reviews, feedback, or other content (“User Content”). Users represent that such content is truthful, lawful, and non-infringing. Users shall not post defamatory, abusive, misleading, unlawful, or harmful material.

The Company acts as an intermediary and does not pre-screen User Content but reserves the right, without prior notice, to remove or disable content that violates these Terms, applicable law, or governmental directives.

Third-Party Healthcare Providers, Provider Listing, Suspension and Delisting

All healthcare providers, including but not limited to ambulance operators, pharmacies, pathology laboratories, diagnostic laboratories, diagnostic centres, and home-care providers listed on the App, are independent third parties and are neither employees, agents, partners, representatives, nor affiliates of the Company.

The Company operates solely as a technology intermediary that enables discovery and, where applicable, booking facilitation between Users and such providers.

The Company does not endorse, recommend, certify, supervise, control, monitor, or guarantee the credentials, registrations, licenses, qualifications, availability, pricing, response times, professional conduct, regulatory compliance, service quality, medical advice, diagnosis, treatment outcomes, or suitability of any healthcare provider listed on the App.

User engagement, consultation, payment, or treatment with any healthcare provider is voluntary and undertaken solely at the User’s own risk.

The Company shall not be liable for any act, omission, negligence, malpractice, misconduct, delay, billing dispute, service deficiency, regulatory non-compliance, injury, loss, or damage arising out of or relating to services rendered by any third-party healthcare provider.

The Company further reserves the right, at its sole and absolute discretion and without prior notice, to suspend, restrict, remove, modify, or permanently delist any healthcare provider from the App at any time.

Provider Verification and Background Checks Disclaimer

The Company may conduct limited verification of certain provider information, including licenses or registration details, on a best-efforts basis.

However, the Company does not independently guarantee authenticity, validity, renewal status, background checks, infrastructure, or ongoing regulatory compliance of any provider unless expressly stated.

Ambulance and Emergency Services Risk Disclaimer

The Company operates solely as a technology platform and does not own, operate, manage, or dispatch ambulance services.

All ambulance and emergency transport services made available through the App are independently provided by third-party service providers.

The Company does not guarantee response times, vehicle condition, medical equipment functionality, staff qualifications or training, regulatory compliance, or medical outcomes.

Any booking of ambulance services through the App constitutes a direct arrangement between the user and the independent ambulance service provider.

The Company may facilitate payment collection solely as a payment aggregation and remittance service provider on behalf of the ambulance service provider.

Pathology and Diagnostic Services Risk Disclaimer

The Company operates solely as a technology platform and does not own, operate, manage, or control any pathology laboratory, diagnostic center, sample collection facility, or testing infrastructure.

All pathology, diagnostic, and laboratory services made available through the App are independently provided by third-party licensed laboratories and diagnostic service providers.

The Company does not guarantee test accuracy, reporting timelines, sample handling standards, equipment functionality, accreditation status, staff qualifications, regulatory compliance, or medical outcomes.

Any booking of diagnostic or pathology services through the App constitutes a direct arrangement between the user and the independent laboratory or diagnostic service provider.

Routing of payments through the Company shall not be construed as the Company providing, conducting, or supervising any diagnostic or pathology services.

Algorithmic Rankings and Sponsored Listings

Listings may be ranked, filtered, or displayed using automated systems based on relevance, distance, availability, ratings, user preferences, sponsored placements, or paid promotions.

Payments, Billing, Refunds and Taxation

Where appointment booking or payment facilitation features are enabled on the App, all applicable consultation fees, service charges, ambulance fees, pathology charges, diagnostic laboratory charges, diagnostic centre charges, home care fees, convenience fees, or platform facilitation charges shall be clearly displayed to the user prior to confirmation of booking.

All pricing of healthcare or related services is determined solely by the respective healthcare provider, and the Company does not fix, control, modify, or influence such pricing.

Payments may be processed through secure third-party payment gateways or RBI-approved electronic payment systems integrated within the App.

The Company does not store complete card or banking credentials and shall not be liable for transaction failures, payment authorization declines, gateway downtime, technical errors, network interruptions, unauthorized banking transactions resulting from user negligence, or delays caused by financial institutions.

Refund eligibility, cancellations, rescheduling requests, and disputes relating to healthcare services shall be governed strictly by the policies of the relevant healthcare provider unless explicitly stated otherwise within the App.

In cases where a refund is approved by a provider or deemed appropriate due to technical errors such as duplicate payments or failed booking confirmations, such refunds shall be processed to the original mode of payment within 7 to 10 working days or within such timelines as may be prescribed by the applicable payment gateway or financial institution.

Data Retention and Account Deletion

Personal data is retained only as necessary for service provision, dispute resolution, fraud prevention, and regulatory compliance under applicable law including the Digital Personal Data Protection Act, 2023.

Users may request deletion of their account; however, lawful retention obligations may require continued storage of certain information.

Consent to Collection and Use of Location Data

By enabling location permissions, users consent to collection and processing of precise or approximate location data to enable provider discovery, fraud prevention, operational improvement, and service facilitation.

Withdrawal of permission may limit functionality.

Privacy and Data Protection

The Company is committed to processing personal data in accordance with applicable laws including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023, as amended from time to time.

By accessing, registering with, or using the App, the User provides free, specific, informed, and unambiguous consent to the collection, storage, processing, use, disclosure, and transfer of personal data for lawful purposes connected with the operation, improvement, security, and regulatory compliance of the App.

The Company may collect and process personal data including, without limitation, name, contact information, login credentials, demographic details, device and technical information, IP address, usage data, and location data.

The Company may also process health-related information voluntarily provided by the User, including but not limited to symptoms, uploaded prescriptions, medical reports, appointment details, and other health records, solely for the purposes of facilitating healthcare discovery, appointment coordination, service enablement, fraud prevention, dispute resolution, and compliance with applicable law.

Personal data may be shared, transferred, or disclosed to healthcare providers selected by the User, licensed pharmacies, diagnostic centres, ambulance service providers, payment processors, cloud service providers, analytics partners, advertising partners, government authorities, regulatory bodies, law enforcement agencies, or other third parties where required for service functionality, contractual performance, fraud prevention, legal compliance, enforcement of these Terms, or protection of rights and safety.

Cybersecurity and Data Security Measures

The Company implements reasonable technical, administrative, and organizational security safeguards designed to protect personal data and platform infrastructure against unauthorized access, misuse, alteration, loss, destruction, or disclosure.

However, the User acknowledges that no method of transmission over the internet, electronic storage system, or digital platform can guarantee absolute security.

In the event of a personal data breach that triggers notification obligations under applicable law, the Company shall notify the appropriate regulatory authority and affected users in accordance with the timelines and procedural requirements prescribed under the Digital Personal Data Protection Act, 2023.

Data Principal Rights (Digital Personal Data Protection Act, 2023 Compliance)

• Right to Access Information – Users have the right to obtain confirmation as to whether their personal data is being processed and to request a summary of such data and processing activities.
• Right to Correction and Erasure – Users may request correction of inaccurate or misleading personal data and erasure of personal data that is no longer necessary for the purpose for which it was processed, subject to legal and regulatory retention requirements.
• Right to Withdraw Consent – Where personal data processing is based on user consent, such consent may be withdrawn at any time by contacting the Company.
• Right to Grievance Redressal – Users may raise grievances regarding personal data processing by contacting the designated Grievance Officer.
• Right to Nominate – Users may nominate an individual to exercise their rights under applicable data protection law in the event of death or incapacity.

Communication and Electronic Notifications Consent

By registering for, accessing, or using the App, the User expressly consents to receive communications from the Company through electronic and digital means, including but not limited to SMS, telephone calls, WhatsApp messages, email, push notifications, in-app notifications, and other messaging services.

Where permitted under applicable law, the User may also receive promotional, marketing, or informational communications relating to new features, offers, healthcare providers, or partner services.

The User may opt out of receiving promotional communications at any time by following the unsubscribe instructions provided in such communications or by contacting the Company; however, transactional and service-related communications may continue as necessary for App functionality and legal compliance.

Intermediary Status and Safe Harbor Protection

The App operates as an “Intermediary” under Section 2(1)(w) of the Information Technology Act, 2000 and seeks protection under Section 79 and the IT Rules 2021.

Intellectual Property

All trademarks, software, databases, and content are Company property. Unauthorized reproduction is prohibited.

Consumer Protection Compliance

The Company endeavors to comply with applicable provisions of the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020 where applicable to intermediary platforms.

The Company shall display all mandatory disclosures required under the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020, including its legal name, registered address, contact details, grievance redressal mechanism, and refund policies, where applicable.

Indemnification

Users agree to defend, indemnify, and hold harmless the Company, its directors, officers, shareholders, employees, affiliates, subsidiaries, licensors, partners, and representatives from and against any and all claims, demands, actions, proceedings, complaints, investigations, liabilities, damages, losses, penalties, fines, costs, and expenses arising out of or relating to:

• The user’s access to, use of, or misuse of the App
• Violation or breach of these Terms
• Violation of any applicable law, regulation, or governmental directive
• Infringement of privacy, intellectual property, publicity, confidentiality, or other rights of any third party
• Fraudulent or inaccurate information submitted by the user
• Disputes between the user and any healthcare provider or third party engaged through the App
• Posting unlawful, defamatory, abusive, misleading, or infringing User Content

Limitation of Liability

To the fullest extent permitted under applicable law, the Company, its directors, officers, employees, affiliates, subsidiaries, licensors, and representatives shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, punitive, or aggravated damages whatsoever.

This includes but is not limited to damages for personal injury, death, medical complications, incorrect medical decisions, provider negligence or malpractice, delayed treatment, ambulance delays, misdiagnosis, service deficiencies, data loss, system interruption, loss of profits, reputational harm, loss of opportunity, or other intangible losses.

In no event shall the total aggregate liability of the Company arising out of or relating to the App or these Terms exceed the total amount actually paid by the User to the Company through the App during the twelve months preceding the event giving rise to the claim.

Disclaimer of Warranties

The App is provided on an “as is” and “as available” basis without warranties of any kind.

The Company does not guarantee uninterrupted or error-free operation, or reliability of third-party services.

The Company does not guarantee uninterrupted or continuous availability of the App and reserves the right to perform scheduled or unscheduled maintenance, upgrades, or technical modifications without prior notice.

Suspension, Termination and Platform Discontinuation

The Company reserves the right at its sole discretion and without prior notice or liability to suspend, restrict, disable or terminate a user’s access to the App, in whole or in part, at any time and for any reason.

The Company further reserves the absolute right to suspend, modify, limit, restrict, or permanently discontinue the App, or any feature, function, service category, provider listing, payment integration, or geographic availability, whether temporarily or permanently, at any time without prior notice.

The Company shall not be responsible for compensating users, providers, or third parties for loss of access, goodwill, data, revenue, or opportunity resulting from lawful suspension or discontinuation of the App or its services.

Force Majeure

The Company shall not be liable for failures due to natural disasters, pandemics, epidemics, hospital overload, healthcare infrastructure disruption, government actions, strikes, lockdowns, or other events beyond reasonable control including internet shutdowns, cyberattacks, payment gateway failures, infrastructural collapse, supply chain disruptions, or telecommunications failures.

Survival, Severability and Assignment

Provisions relating to limitation of liability, indemnification, intellectual property, dispute resolution, and intermediary protection shall survive termination.

If any provision is held unenforceable, remaining provisions shall continue in full effect.

The Company may assign its rights and obligations without notice, including in connection with mergers or acquisitions. Users may not assign rights without prior written consent.

Entire Agreement

These Terms, together with the Privacy Policy and any other policies or guidelines expressly incorporated by reference, constitute the entire agreement between the User and the Company with respect to the use of the App and supersede all prior or contemporaneous understandings, communications, representations, agreements, or arrangements, whether oral or written.

Waiver

No failure, delay, or omission by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver of such right, power, or remedy.

Any waiver shall be effective only if made in writing by an authorized representative of the Company.

Dispute Resolution and Arbitration

Any dispute arising out of or relating to these Terms shall first be attempted to be resolved amicably.

If unresolved, the dispute shall be referred to binding arbitration under the Arbitration and Conciliation Act, 1996.

The seat and venue of arbitration shall be Gurugram, Haryana, India and proceedings shall be conducted in English by a sole arbitrator. The award shall be final and binding.

Governing Law and Jurisdiction

These Terms shall be governed by the laws of India. Subject to arbitration provisions, courts located in Gurugram, Haryana, India, shall have exclusive jurisdiction.

Modification of Terms

The Company reserves the right to amend or update these Terms at any time. Updated versions become effective upon publication within the App. Continued use constitutes acceptance of the revised Terms.

Grievance Officer (IT Rules 2021 Compliance)

In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Company appoints a Grievance Officer to address complaints relating to content, privacy, or user conduct.

Contact Information

• Company Name: Shankarmed Innovations Private Limited
• Registered Office Address: Gurgaon, Haryana 122018
• Email: Team.medicalmitra@gmail.com
• Customer Support Number:+91 9729948248

App Store Compliance

If the App is downloaded from, accessed through, or distributed via the Apple App Store, Google Play Store, or any other third-party application marketplace (“App Store Provider”), the User acknowledges and agrees that these Terms are concluded solely between the User and the Company, and not with such App Store Provider.

The Company, and not the App Store Provider, is solely responsible for the App, its content, maintenance, support, and any claims relating thereto.

The App Store Provider has no obligation to provide maintenance, support, or warranty services with respect to the App.

Effective Date & Last Updated

These Terms and Conditions of Use shall be effective as of the Effective Date set forth above and were last revised on the Last Updated date indicated herein.

The Company reserves the absolute and unconditional right, at its sole discretion, to modify, amend, supplement, or replace these Terms at any time.

Continued access to, registration with, or use of the App following the Last Updated date constitutes the User’s deemed acceptance of the revised Terms and agreement to be legally bound thereby.

Third-Party Advertisements

The App may display advertisements, promotional content, sponsored listings, or marketing materials from third-party advertisers, partners, or service providers.

The inclusion of such advertisements does not constitute endorsement, recommendation, or guarantee by the Company of the products, services, claims, or representations made by such third parties.

Any interaction, transaction, or engagement between the user and a third-party advertiser is solely between the user and the respective third party.

The Company shall not be responsible or liable for any loss, damage, claim, dispute, or dissatisfaction arising out of or in connection with third-party advertisements, products, or services displayed on the App.