Terms of Use

Please read these terms carefully before using our services

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Definitions

Application/App/Website:

Means a mobile/tablet or website software product owned and developed by SHANKARMED INNOVATIONS PRIVATE LIMITED.

Code of Ethics:

Code of Ethics shall mean the Code of Ethics (Professional Conduct, Etiquette and Ethics) prescribed by the Central/State Regulatory Authority of the respective systems of medicine.

Health Care Professional:

A Health Care Professional (hereinafter referred to as HCP) shall mean any medical practitioner, practising in Allopathy, Homeopathy, Unani, Ayurveda or any other recognised health care profession, who is registered with the Union and/or State regulatory or licensing body of the respective system of medicine and is availing the services of the App.

Usage Rights:

The App provides User with the rights to use the App based on User Subscription as well as acceptance of this Terms of Use by You.

Parties:

Parties shall mean the Users, HCP and the App.

Terms of Use:

Agreement (to be used interchangeably)

Third-Party:

Third Party shall mean any person who is not a party to the Terms of Use, but shall not include any person for whom the services are availed by the User.

User:

A User shall mean any natural or legal person, who is competent to enter into a contract as per the Indian Contract Act, 1872, who uses the Application/App, with or without registration, to avail the services offered, for himself or herself and/or for any other person.

For the Purposes of this clause the terms "We" (shall refer to the APP) and the term "you" (shall refer to the User).

Code of Conduct

The User shall ensure that his/her conduct is not in violation of any of the laws in force in India, including but not limited to the following:

  • The Information Technology Act, 2000
  • The Indian Penal Code, 1860
  • The Indecent Representation of Women Act, 1986
  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
  • Telemedicine Practice Guidelines

Enforcement

The Terms of Use, as herein stated and as modified/amended/changed by the App from time to time, shall be legally binding and enforceable on all the Parties.

Nature of Service & Limitations

No Doctor-Patient Relationship between Us

  • We do not practice medicine and do not provide medical consultation. We merely provide a technology platform and infrastructure that enables you to connect with participating medical practitioners listed on the Service.
  • Medical practitioners listed on the Service have signed/accepted contracts with us and represented to us that they are duly qualified to practice medicine in India. While we make reasonable enquiries to confirm the veracity of this representation, we shall not be responsible for any misrepresentation or fraud in this regard.
  • The use of the Service does not create a doctor/patient relationship between you and us. All medical consultation shall be provided to you by the concerned medical practitioner directly and as such, the medical practitioner you consult with shall be solely responsible for compliance with all requirements applicable to their professional services.
  • Any diet plans or advice or information that may be provided on or through the Service is for information only, does not constitute a medical opinion or advice or a diagnosis or treatment and is not a substitute for professional medical advice, diagnosis or treatment.
  • We are not responsible for the accuracy of the results of any Self-Assessment Tests made available as part the Service. These tests are solely for information purposes to suggest probable risks to users having a particular health issue.

Not for Medical Emergencies & Not a replacement for your Primary Care Physician

  • The Service we provide is NOT for use for medical emergencies, for life threatening conditions or for when you need acute care. You should not disregard or delay to seek medical advice from your physician based on anything that appears or is provided to you by or through the Service.
  • The consultation provided to you by medical practitioners through the Communication Tools are not intended to replace your relationship with your primary care physician and you should continue to consult with your primary care physician and other health care professionals as needed/recommended.

Limitations of Online Consultation and Informed Consent

  • When you seek consultation with any medical practitioner using the Communication Tools, you understand the limitations and potential risk of online consultations, including but not limited to the inability to carry out a physical examination or other extensive investigations.
  • The transmission, storage and/or retrieval of data and information and the provision of the Service through the internet is subject to a variety of factors beyond our reasonable control.
  • Without prejudice to the above, a medical practitioner may determine that online consultations through the Service are not appropriate for some or all of your needs and may elect not to provide services to you through the Service.

No Sale or Offer to Sell Drugs/Medicines

  • We do not distribute, sell, stock, exhibit or offer for sale any drugs or medicinal preparations and merely allow you to use the functionality offered by the Service to transmit orders for drugs/medicinal preparations to third party pharmacies.
  • All offers for sale; orders and the sale of drugs/medicinal preparations shall be between you and the concerned third-party pharmacy and we shall not be a party to the said transaction.
  • Medical practitioners may prescribe medications when medically indicated in their sole professional judgment. Any prescriptions that you acquire shall be solely for your personal use.
  • User understands and agrees that the App is merely a technology platform and the medicines and pharmaceutical products are sold by respective Merchants. App shall not be held responsible in any manner for any error or omission or act committed on part of the Merchant.

Use of Service

You agree to use the Service (including the Communication Tools) only in accordance with these Terms and all applicable laws. You may not use the Service in any manner that could damage, disable, overburden or impair our computer systems or interfere with any other party's use and enjoyment of any Service.

Prohibited Activities

Without prejudice to the above, you agree not to host, display, upload, modify, publish, transmit, update or share any information that:

  • Belongs to another person and to which you do not have any right to
  • Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable
  • Harms minors in any way
  • Infringes any patent, trademark, copyright or other proprietary rights
  • Violates any law for the time being in force
  • Deceives or misleads the addressee about the origin of such messages
  • Impersonates another person
  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
  • Threatens the unity, integrity, defence, security or sovereignty of India

You are solely responsible for all information you transmit or share using the Communication Tools and we are not obliged to monitor the same. However, we reserve the right to review any information or materials you share and to remove any information or materials that we find violates any applicable law or these Terms.

User Communication

Users will receive information on WhatsApp and SMS on the mobile number provided while availing the services on Medical Mitra (Parent Company – SHANKARMED INNOVATIONS PRIVATE LIMITED.). This helps Medical Mitra send reminders, order statuses, booking reminders and other relevant information. Users accept the nature and risk associated with such communications.

Fair Usage Policy

The Services of Medical Mitra cannot be used for personal gains or in conjunction with any commercial activity including but not limited to using on the application. Medical Mitra reserves the right to limit, suspend, disable or discontinue your Service in the event that it is discovered that the Service is being used in conjunction with any commercial activity or misuse of service for not intended purpose.

Payment for Service

Some parts of the Service are chargeable as may be specified from time to time. We will tell you about applicable charges for any paid Service and the payment terms presented to you when you use or order a paid Service are deemed part of these Terms of Use.

Payment Processing
  • We use a third-party payment gateway for processing payments
  • We do not store any payment details including credit card or debit card details
  • Charges paid are non-refundable except in our sole discretion
  • We reserve the right to correct any errors or mistakes in payment processing

Privacy

The Parties shall not disclose any sensitive personal data or personally identifiable data to a Third-Party unless such disclosure is mandated by the law in force or by an Order of any jurisdictional Court of law.

Website Security

The App shall undertake necessary processes to secure the data provided by the User. The App currently encrypts the data provided with 256-bit encryption and stores it in a private cloud with SSL Security Protocols.

  • The App shall diligently undertake processes and procedures to protect the privacy of the data collected from the User
  • The App shall not be liable for the disclosure of sensitive personal data or personally identifiable data by the User
  • The App shall not be liable for the disclosure caused due to circumstances beyond the control of the App

Termination

The App shall have the right to terminate the contract if the User violates the Terms of Use as stated herein. The App further reserves the right to terminate the contract with the User without any further liability for whatsoever reason including but not limited to:

  • Violation of the laws in force
  • Complaints of indecent behavior
  • Providing fraudulent and/or misrepresented information/details
  • Suspicion of any illegal activity being conducted
  • Any other activity which is punishable by law
  • Alleged misconduct or harassment

The App shall retain the right to terminate this agreement for convenience, with or without giving notice to the User.

No Warranty

  • The App shall not undertake warranty for any loss/damage/injury caused to the User or to any other person for whom such services were availed
  • The App shall not be liable for any acts or omissions of the HCP which amount to medical negligence/professional misconduct/deficiency in service
  • The information provided in any of the Medical Mitra videos and advertisements are for general information purposes only

Jurisdiction, Mediation, and Arbitration

The disputes arising in relation to the subject matter of the Terms of Use shall be first submitted to Mediation in Gurgaon. If the dispute remains unresolved, it shall be submitted to Arbitration in Gurgaon to be adjudicated by sole Arbitrator appointed by SHANKARMED INNOVATIONS PRIVATE LIMITED. The award by the said Arbitrator shall be final and binding to all the parties herein.

The adjudicating authorities of Gurgaon shall have exclusive jurisdiction over all disputes arising out of the Terms of Use.

Disclaimers

Website Disclaimer

The information provided by SHANKARMED INNOVATIONS PRIVATE LIMITED on http://www.MedicalMitra.in and our mobile application is for general informational purposes only. All information is provided in good faith, however, we make no representation or warranty of any kind regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information.

External Links Disclaimer

The Website may contain links to third party websites or content. Such external links are not investigated, monitored, or checked for accuracy by us. We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites.

Professional Disclaimer

Medical Mitra does not practice medicine or any other licensed profession and does not interfere with the practice of medicine by partner hospitals or healthcare professionals. We do not endorse any medical practice, healthcare professionals, or partner hospitals available on our Application.

Testimonial Disclaimers

The Website may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal and may not be representative of all users. Your individual results may vary.

Grievance Redressal

If you have any concern or grievance with respect to the Service, please e-mail us at contact-us@medicalmitra.com and we will study the matter and take such action as we deem appropriate under the circumstances.

By using our services, you acknowledge that you have read and understood these Terms of Use (including the Privacy Policy and other notices on the Website/App) and agree to all of the provisions contained therein.