- A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website or App, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
- A patient, his/her representatives or affiliates, searching for Practitioners through the Website or App (“End-User”, “you” or “User”); or
- Otherwise a user of the Website or App (“you” or “User”). This Agreement applies to those services made available by Mediczy on the Website or App, which are offered free of charge to the Users (“Services”), including the following:
- For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website or App;
- For other Users: Facility to (i) create and maintain „Health Accounts‟, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Mediczy, and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of Mediczy, and the Agreement will apply to your visit to and your use of the Website or App to avail the Service, as well as to all information provided by you on the Website or App at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website or App and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@Mediczy.com
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website or App 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 App or avail any Services.
Your access to use of the Website or App and the Services will be solely at the discretion of Mediczy.The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- (vi)the Indian Contract Act, 1872,
- (vii) the (Indian) Information Technology Act, 2000, and
- (viii) the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
- CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website or App in any manner. By registering, visiting and using the Website or App or accepting this Agreement, you represent and warrant to Mediczy that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website or App and the Services available through the Website or App, and agree to and abide by this Agreement.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
- 3.1END-USER ACCOUNT AND DATA PRIVACY
3.1.6 Mediczy shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Mediczy or to any other person acting on behalf of Mediczy.
3.1.7 The User is responsible for maintaining the confidentiality of the User‟s account access information and password, if the User is registered on the Website or App. The User shall be responsible for all usage of the User‟s account and password, whether or not authorized by the User. The User shall immediately notify Mediczy of any actual or suspected unauthorized use of the User‟s account or password. Although Mediczy will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Mediczy or such other parties as the case may be, due to any unauthorized use of your account.
3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Mediczy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mediczy has the right to discontinue the Services to the User at its sole discretion.
3.1.9 Mediczy may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
- 3.2 RELEVANCE ALGORITHM
Mediczy‟s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website or App. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Mediczy. Mediczy will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Mediczy in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website or App.
- 3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1 Mediczy collects, directly or indirectly, and displays on the Website or App, relevant information regarding the profile and practice of the Practitioners listed on the Website or App, such as their specialization, qualification, fees, location, visiting hours, and similar details. Mediczy takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Mediczy screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.3.2 The Services provided by Mediczy or any of its licensors or service providers are provided on an "as is" and “as available‟ basis, 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). Mediczy does not provide or make any representation, warranty or guarantee, express or implied about the Website or App or the Services. Mediczy does not guarantee the accuracy or completeness of any content or information provided by Users on the Website or App. To the fullest extent permitted by law, Mediczy disclaims all liability arising out of the User‟s use or reliance upon the Website or App, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website or App, or any opinion or suggestion given or expressed by Mediczy or any User in relation to any User or services provided by such User.
3.3.3 The Website or App may be linked to the Website or App of third parties, affiliates and business partners. Mediczy has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Website or Apps or made available by/through our Website or App. Inclusion of any link on the Website or App does not imply that Mediczy endorses the linked site. User may use the links and these services at User‟s own risk.
3.3.4 Mediczy assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User‟s equipment on account of User‟s access to, use of, or browsing the Website or App or the downloading of any material, data, text, images, video content, or audio content from the Website or App. If a User is dissatisfied with the Website or App, User‟s sole remedy is to discontinue using the Website or App.
3.3.5 If Mediczy determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Mediczy reserves the right to immediately suspend your access to the Website or App or any of your accounts with Mediczy and makes such declaration on the Website or App alongside your name/your clinic‟s name as determined by Mediczy for the protection of its business and in the interests of Users. You shall be liable to indemnify Mediczy for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Mediczy or its Users.
- 3.4 BOOK APPOINTMENT AND CALL FACILITY
Mediczy enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the Website or App or App; b) Value added telephonic services which connect Users directly to the Practitioner‟s number provided on the Website or App.
3.4.1Mediczy will ensure Users are provided confirmed appointment on the Book facility. However, Mediczy has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. Provided, it does not fall under the heads listed under theMediczy Guarantee Program, in which case the terms of this program shall apply.
3.4.3 The results of any search Users perform on the Website or App for Practitioners should not be construed as an endorsement by Mediczy of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
3.4.4 Without prejudice to the generality of the above, Mediczy is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Mediczy will not be liable for:
- i. User interactions and associated issues User has with the Practitioner;
- ii. The ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
- iii. Any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
- iv. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
- v. any misconduct or inappropriate behavior by the Practitioner or the Practitioner‟s staff;
- vi. cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under, Mediczy Guarantee Program.
3.4.5Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Mediczy shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website or App.
3.4.6 In case of a „Patient-No-Show (P.N.S)‟ (defined below), where the User does not show-up at the concerned Practitioner‟s clinic:
- i. User‟s account will be temporarily disabled from booking further online appointments on Mediczy.com for next four (4) months, in case of, three(3) Valid PNS, as per the Patient-No-Show Policy. However, the User can continue to call the clinic via Mediczy.com to get an appointment.
- ii. Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website or App using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same. When Practitioner informs Mediczy of the incident or marks a particular appointment as P.N.S. using the Mediczy Ray software or Mediczy Pro App within five (5) days of the scheduled appointment, an email and SMS (“PNS Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 3.4.6(c), for not showing up, Mediczy shall be entitled to take actions as under Clause 3.4.6 (a). However Users understand that, actions such as ones mentioned under Clause 3.4.6(a) are included as a deterrent to stop Users from misusing the Website or App, and the loss of business hours incurred by the Practitioner.
- iii. Following instances, solely at the discretion of Mediczy, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized as per Clause 3.4.6 (a):
- a.User does not reply within seven (7) days, with reasons to PNS Communication, from the date of receipt of such PNS Communication;
- b.In case User responds to the PNS Communication with below reasons:
- a.Forgot the appointment
- b.Chose to visit another Practitioner/consulted online;
- c.Busy with other work; or such other reasons (which Mediczy at its discretion decides to be a valid reason to not show up).
- c.Where the User has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of Mediczy, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.
- iv.Mediczy reserves the right to make the final decision in case of a conflict. The total aggregate liability of Mediczy with respect to any claims made herein shall be INR 200.
- 3.4.7Cancellation and Refund Policy
- i. In the event that, the Practitioner with whom User has booked a paid appointment via the Website or App, has not been able to meet the User, User will need to write to us at support@Mediczy.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website or App will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.
- ii. Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.
- Doctor Verification Amount "Not refundable" and We never give you any false commitment or business gurantee for this amount. This verification or registration fees only for
platform usage Cost (Kind of Paid App only for Doctors, Reason why we never collect amount by Google paly stores). Doctor's should awere of this terms before pay fees or signed up.
- 3.5NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
- 3.5.1Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website or App (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Mediczy and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
- 3.5.2It is hereby expressly clarified that, the Information that you obtain or receive from Mediczy, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website or App is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website or App. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
- 3.5.3The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person‟s behalf), please contact an ambulance service or hospital directly.
- 3.6 MEDICZY CONSULT
- 3.6.1 Mediczy Consult is a feature on the application that enables Practitioners and patients to connect with each other through: 'Consult Basic' model, 'Consult Direct' model, and 'Consult Followup' model:
- i. The Basic Consult model: Enables Users to connect with Practitioners by posting health related queries on the application, which will be visible on the public health feed. Practitioners can respond to such queries using a special software application provided to Practitioners by Mediczy. The public queries posted by the Users are sent to multiple Practitioners, chosen through a fully automated system. The automated system chooses Practitioners based on inter alia the information furnished by each Practitioner, the number of questions answered by the Practitioner and the rating or reviews procured by the Practitioner. Mediczy will not be responsible for the Practitioners chosen to respond to the queries.
- a.The online model: The User call to the Practitioner for their second opinion or non emergency issue and get counseling by video/phone call.
- b.The User can choose a particular Practitioner, post a private query for such Practitioner, the Practitioner may indicate the pre-consultation fee payable for the advice solicited and in such cases Mediczy shall provide the User an option to directly remit the amount to the Practitioner through the payment gateway option provided. Upon completion of payment, the Practitioner shall provide his/her response to the query. The amount paid to the Practitioner 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 Practitioner, in which case investigation shall be undertaken and the amount will be refund, subject to the discretion of Mediczy. In any other cases, Mediczy shall not be liable to provide refund or be responsible for the nature of advice provided by the Practitioner.
- C.Mediczy shall charge a platform fee on the Practitioner and/patient, which is a nominal amount, for the service being provided by Mediczy. The amount levied and payable by Practitioner shall appear, on the Practitioner‟s account and the amount levied and payable by the patient, shall appear when the patient is making payment to the Practitioner, respectively. Doctors Registration fee is only for platform usage Cost and Not Refunded.
- d. 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 Practitioner, Mediczy 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 support@Mediczy.com.
- ii. The Consult Follow-up Model Enables Users to follow-up with Practitioners whom they have already consulted offline.
- a. Follow-up feature will only be available with Practitioners who have enabled the feature.
- b. The maximum number of messages that User can send and the number of days for which Followup will be active for, will be set by the Practitioner.
- c. Mediczy will send follow-up SMS reminder to User number which is provided by Practitioner, informing the User of Follow-up.
- d. Mediczy is not liable, if for any reason the follow-up SMS messages are not delivered to the User(s), or are delivered late or not accessed, despite its best efforts. While Mediczy will endeavor to take all reasonable steps through its dedicated support team to resolve any technical or operational difficulties for the delivery of the follow-up SMS to the User(s), Mediczy makes no promise or guarantee for any uninterrupted SMS.
- e. Mediczy is not responsible for verifying the accuracy or incompleteness of User details provided by Practitioners and shall not be liable for any errors in the same.
- 3.6.2Terms for Practitioners:
- i.The Practitioner shall reply to the patient after receiving patient‟s communication. In case of noncompliance with regard to reverting/ adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, Mediczy has the right to show other available Practitioners to the patient or remove Practitioners from the platform/Mediczy application/site.
- ii. The Practitioner understands and agrees that, Mediczy shall at its sole discretion, at any time be entitled to, show other Practitioners available for consultation.
- iii.The Practitioner further understands that, there is a responsibility on the Practitioner to treat the patients on this model, as the Practitioner would have otherwise treated the patient on a physical one-on-one consultation model.
- iii. The Practitioner has the discretion to cancel any consultation at any point in time in cases where the Practitioner 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 Practitioners.
- iv.The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation being rendered.
- v.The Practitioner acknowledges that should Mediczy find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then Mediczy shall be entitled to cancel the consultation with such patient or take such other legal action as may be required.
- vi. It is further understood by the Practitioner that the information that is disclosed by the patient at the time of consultation, shall be confidential in nature and subject to patient and Practitioner privilege.
- vii.The Practitioner 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.
3.6.3Terms for Patients:
- iii. The User understands and agrees that Mediczy Consult, is merely a consulting model, any interactions and associated issues with the Practitioner on Mediczy Consult including but not limited to the User‟s health issues and/or the User‟s experiences is strictly between the User and the Practitioner. The User shall not hold Mediczy responsible for any such interactions and associated issues.
- iv. As a User, you understand that, Mediczy is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible for any outcome from the consultation between the User and the Practitioner.
- v. Mediczy Consult is a platform being made available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with the Practitioner.
- vi. You understand that, your conversations with the Practitioner will be retained in our database as per the applicable laws.
- vii. If you decide to engage with a Practitioner to procure medical services to you, you shall do so at your own risk. Mediczy shall not be responsible for any breach of service or service deficiency by any Practitioner.
- viii. If you decide to use the payment gateway to make payments online, it is solely at your discretion. Should there be any issues with regard to the payment not reaching the respective Practitioner‟s account, please reach out to support@Mediczy.com.
- ix. Cancellations/Refunds: In case of patients, where the Practitioner has acted in contravention with any guidelines/applicable laws/rules/regulations, Mediczy shall provide complete refund to the patient, subject to investigation undertaken by Mediczy. However, where the cancellation is due to the abusive nature of the patient, such patient shall not be eligible for any refund and Mediczy/Practitioner shall be entitled to take any legal action, depending upon the gravity of the matter. Read More
- The terms in this Clause 4 are applicable only to Practitioners.
- 4.1 LISTING POLICY
- 4.1.1Mediczy, directly and indirectly, collects information regarding the Practitioners‟ profiles, contact details, and practice. Mediczy reserves the right to take down any Practitioner‟s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End- Users and other Users. If any information displayed on the Website or App in connection with you and your profile is found to be incorrect, you are required to inform Mediczy immediately to enable Mediczy to make the necessary amendments.
- 4.1.2Mediczy shall not be liable and responsible for the ranking of the Practitioners on external Website or Apps and search engines
- 4.1.4Mediczy reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website or App. However, Mediczy shall not be liable if any inactive, inaccurate, fraudulent, or nonexistent profiles of Practitioners are added to the Website or App.
- 4.1.5Practitioners explicitly agree that Mediczy reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
- 4.1.7You as a Practitioner 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 Mediczy accepts no liability for the same.
- 4.2PROFILE OWNERSHIP AND EDITING RIGHTS
- Mediczy ensures easy access to the Practitioners by providing a tool to update your profile information. Mediczy reserves the right of ownership of all the Practitioner‟s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Mediczy 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 Mediczy‟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, Mediczy may modify or delete parts of your profile information at its sole discretion with or without notice to you.
- 4.3REVIEWS AND FEEDBACK DISPLAY RIGHTS OF MEDICZY
- 4.3.1All Critical Content is content created by the Users of www.Mediczy.com (“Website or App”) and the clients of Mediczy customers and Practitioners, including the End-Users. As a platform, Mediczy 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 Mediczy and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. Mediczy‟s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
- 4.3.2Mediczy reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website or App.
- 4.3.3Mediczy 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.
- 4.3.4You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Mediczy shall not be liable for any effect on Practitioner‟s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Mediczy 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.
- 4.3.5Mediczy will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website or App shall be applicable mutatis mutandis in relation to Critical Content posted on the Website or App.
- 4.3.6If Mediczy determines that you have provided inaccurate information or enabled fraudulent feedback, Mediczy reserves the right to immediately suspend any of your accounts with Mediczy and makes such declaration on the Website or App alongside your name/your clinics name as determined by Mediczy for the protection of its business and in the interests of Users.
- 4.4RELEVANCE ALGORITHM
- Mediczy has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. Mediczy shall not be liable for any effect on the Practitioner‟s business interests due to the change in the Relevance Algorithm.
- 4.5INDEPENDENT SERVICES
- Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Mediczy.
- Mediczy reserves the rights to display sponsored ads on the Website or App. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Mediczy will not be liable for the accuracy of information or the claims made in the Sponsored ads. Mediczy does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Mediczy 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 Mediczy accepts no liability for the same.
4.7 MEDICZY CONSULT
- 4.7.1Mediczy Consult enables Practitioners to connect with the Users by responding to the health related queries posted by them on their Health Accounts using the special software application provided to Practitioners by Mediczy (“Doctor App”).
- 4.7.2The User may post two types of queries on their Health Accounts (i) public query, which is sent through Mediczy Consult to multiple Practitioners and enables any of the chosen Practitioner to respond to the query posted; and (ii) private query, which will be only sent to the Practitioner that the User has chosen.
- 4.7.3The public queries posted by the Users are sent to multiple Practitioners through a fully automated system installed in the Doctor App. The automated system chooses Practitioners based on inter alia the information furnished by each Practitioner, the number of questions answered by the Practitioner and the rating or reviews procured by the Practitioner. Mediczy does not guarantee in any manner that any query will be directed to a particular Practitioner and will not be responsible for the Practitioners chosen to respond to the queries.
- 4.7.4Practitioner agrees that, when providing any written response to a User‟s query that constitutes a performance of his/her services, the Practitioner shall not post language that may be considered abusive, objectionable or demeaning to the User or in general.
- 4.7.5In the event, the Practitioner indicates as part of his response the pre-consultation fee payable for the advice solicited through the private query, Mediczy shall provide the User an option to directly remit the amount to the Practitioner through the Health Account and subsequently deduct a portion from the amount paid as its fee for the performance of the services.
- 4.7.6Mediczy shall remit the fees to the Practitioner in accordance with the terms agreed between the Practitioners and Mediczy in the Software License and Services Agreement executed between them.
- 4.7.7Mediczy reserves the right to revise the fee terms at any time at their discretion. The Practitioner‟s continued use of the services and Doctor App shall constitute his/her consent to such revision.
- 4.7.9Practitioner hereby represents and warrants that he/she
- i. is qualified to provide medical services within the territory of India;
- ii. has obtained all licenses as required by law to provide medical services and has not committed any act or omission that might prejudice its continuance or renewal; and
- iii. has provided Mediczy true, accurate, complete and up to date details about their qualification and credentials.
- 4.7.10Practitioner agrees that he/she shall at all times abide by the applicable medical regulations including the code of
- 4.7.11Practitioners shall promptly renew their licenses required to provide medical services and notify Mediczy about the same.
- 4.7.12Mediczy reserves the right to terminate any account of the Practitioner in case:
- ii. Mediczy is unable to verify or authenticate any information provided to it by a Practitioner; or
- iii. Mediczy in its sole and absolute discretion believes that actions of the Practitioner may cause legal liability for Mediczy or other Users and / or may adversely affect the services rendered by Mediczy.
- 4.7.13Practitioner hereby agrees that, for any User that contacts the Practitioner using Mediczy Consult, only he/she shall be allowed to perform the services for the User and that the Practitioner may under no circumstances be permitted to transfer the performance of Your Services to any other person, whether under their supervision or not. The Practitioner accepts all responsibility and liability for the use of Mediczy Consult, including the performance of its services, by any other party claiming to be the Practitioner and hereby agrees to indemnify Mediczy against any claim or loss that may be faced by Mediczy consequent to such use.
- 4.7.14Practitioner hereby agrees to hold in strictest confidence all information provided by a User to him/her under all circumstances. Practitioner agrees that he/she shall not disclose any information or documentation provided by a User to any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person.
- 4.7.15Practitioner agrees to render his/her services and fulfill their obligations towards their patients using their best efforts, skill and ability.
- 4.7.16Practitioner agrees and understands that some or all his/her may be made available to the general public through the Doctor App or otherwise by the Company and that he/she has no objection to the same.
- 4.7.17Practitioner hereby agrees to assign to Mediczy in perpetuity all intellectual property rights residing in the responses provided by him/her for use by Mediczy worldwide.
- 4.7.18Practitioner hereby agrees not to seek the contact details of any User or to contact any User except through the Doctor App.
- 4.7.19Any communication sent by or through Mediczy to the Practitioner is based solely on information uploaded by the Users. Mediczy shall not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.
4.8 MEDICZY HEALTH FEED
- 4.8.2 A Practitioner can use health feed by logging in from their profile, creating original content comprising text, audio, video, images data or any combination of the same (“as defined in Clause 3.7.2”), and uploading said Content to Mediczy‟s servers. The Practitioner can upload their own images or choose an image from the gallery that Mediczy provides. Mediczy shall post such Content to Mediczy health feed at its own option and subject to these Terms and Conditions. The Content uploaded via Mediczy health feed does not constitute medical advice and may not be construed as such by any person.
- 4.8.5Mediczy shall have the right to edit or remove the Content and any comments in such manner as it may deem fit at any time.
- 4.8.6The Practitioner may also use Mediczy health feed in order to view original content created by Users or other Practitioners and also create and upload comments on such Content including their own content where allowed.
- 4.8.7Practitioner acknowledges that the content on Mediczy health feed reflects the views and opinions of the authors of such content and does not necessarily reflect Mediczy‟s views.
- 4.9 MEDICZY MEDICINE INFORMATION
- For detailed terms and conditions regarding medicine information click here.
- 4.10 BOOK APPOINTMENT AND CALL FACILITY
- 4.10.1As a valuable partner on our platform we want to ensure that the Practitioners experience on the Mediczy booking platform is beneficial to both, Practitioners and their Users. For all terms and conditions of Book facility on Mediczy profile check Book Standards .
- 4.10.2Practitioner understands that, Mediczy 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 Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Mediczy.
- 5.RIGHTS AND OBLIGATIONS RELATING TO CONTENT
- 5.1As mandated by Regulation 3(2) of the IG Rules, Mediczy hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- i. belongs to another person and to which the User does not have any right to;
- ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- iii. harm minors in any way;
- iv. infringes any patent, trademark, copyright or other proprietary rights;
- v. violates any law for the time being in force;
- vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- vii. impersonate another person;
- viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- ix. 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.
- 5.2Users are also prohibited from:
- violating or attempting to violate the integrity or security of the Website or App or any Mediczy Content;
- i. transmitting any information (including job posts, messages and hyperlinks) on or through the Website or App that is disruptive or competitive to the provision of Services by Mediczy;
- ii. intentionally submitting on the Website or App any incomplete, false or inaccurate information;
- iii. making any unsolicited communications to other Users;
- iv. 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 or App;
- vi. copying or duplicating in any manner any of the Mediczy Content or other information available from the Website or App;
- vii. framing or hot linking or deep linking any Mediczy Content.
- viii. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
- 5.3Mediczy, 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. Mediczy 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.
- 5.5Mediczy 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 Mediczy 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 Mediczy as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Mediczy or any person on its behalf and the User or where the User has consented to data transfer.
- Mediczy respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
- Mediczy Health Card
- Mediczy helpdesk can be contacted anytime from 10 am till 5 pm on working days, except national & Weekend holidays. It may be noted that some of the Services may not be available on Saturday & Sundays. Mediczy helpdesk contact number is 044-43546989
- 1. It is hereby declared that MEDICZY is not a merchant, manufacturer, or provider of medical services, save for its provision of virtual health services. MEDICZY makes no express or implied representations or warranties about the description, quality, fitness for any particular purpose, productiveness, or any other matter in relation to Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. In addition to this MEDICZY also does not authorize anyone to make any warranty on MEDICZY’s behalf. MEDICZY and the third party provider of any medical services to you, which you access in conjunction with using the Services (“Medical Service Provider”) reserve the right to revise their charges at any time.
- SERVICES OFFERED BY MEDICZY HEALTHCARD ARE NOT HEALTH INSURANCE POLICIES. The Services provides Mediczy Members with discounted services through Medical Service Providers at certain locations and access to virtual health services. The benefits provided through the Services are not applicable if you claim insurance benefits on the medical services provided.
- The Medical Service Providers are independent entities / professionals in private practice and are neither employees nor agents of Mediczy and/or its parents, subsidiaries or affiliates. Mediczy does not recommend or suggest any particular Medical Service Provider or promote any particular Medical Service Provider's name or practice. Further, Mediczy does not make any representations or warranties with respect to Medical Service Providers or the quality of the healthcare services they may provide. shall not be responsible for any breach of service or service deficiency by any Medical Service Providers.
- You shall not deliberately use the Services in any way that is unlawful or harms Mediczy or Medical Service Providers, their directors, employees, affiliates, distributors, partners, service providers and/or other Mediczy Members. If Mediczy suspects any illegal, wrongful or fraudulent activity, then notwithstanding any other rights Mediczy may have, Mediczy reserves the right to inform the relevant government or law enforcement authorities. Mediczy will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
- Mediczy reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any component of, or term relating to, the Services or any voucher issued to you by Mediczy and update information from time to time.
- Coupons / voucher /offers / services issued to you by Mediczy as part of the Services SHALL UNDER NO CIRCUMSTANCES BE REDEEMEDABLE FOR CASH AT ANY TIME.
- 1. Any advice provided by any Medical Service Provider or the MEDICZY virtual health service shall depend solely on the completeness and accuracy of the information provided by you. Neither MEDICZY nor any Medical Service Provider shall be responsible for any damage, whether physical, emotional, psychological or financial, caused to you due to any improper/unintended use of the Services, any coupon issued to you or any of the benefits available thereunder, which includes but is not limited to the misinterpretation of the advice given by any Medical Service Provider or Mediczy virtual health service to you.
- 1. Mediczy is entitled, without any liability whatsoever, to refuse, limit, suspend, vary or discontinue the provision of any of the Services at any time for any reasonable cause as Mediczy may deem fit
- Notwithstanding the aforesaid, the provision of medical services by any Medical Service Provider and any matter relating thereto including but not limited to the manner and the form in which the medical services may be made available to you by any Medical Service Provider may be altered, withdrawn, modified or changed at any point of time. You agree to be bound by any such modifications.
- MEMBERSHIP TERM: Once the initial membership fee and any enrollment, processing or other fee is paid by you and received by Mediczy, you will become an Mediczy Member and will be entitled to the Services during from such date until the date of expiry stated on the Mediczy membership card which will be sent to you.
- 1. RENEWAL OF MEMBERSHIP: Members may be informed by Mediczy about expiry of membership at least one month in advance of their membership card expiry date. It is the responsibility of the member to ensure that Mediczy receives the payment for renewal of membership at least two weeks prior to the membership card expiry date. Mediczy is not responsible and assumes no liability for any suspension or cancellation of your access to the Services in the event your renewal payment is delayed or if Mediczy is unable to process or cash-in your payment cheque. In case of dishonoured cheques, a penalty may be charged. Your access to the Services will be suspended from the expiry date on your current membership card until Mediczy receives full payment for your membership for the next year.
- RENEWAL CHARGES: The charges for renewal can be confirmed from a month before the expiry date of your membership by calling the Mediczy helpdesk number. All benefits of the Services will cease upon the expiry of your membership until you successfully renew.
- 1. LOST CARD: In case of loss of membership card, Mediczy will issue you with a duplicate membership card at a charge of Rs. 100 /- per card (plus the applicable taxes). The tenure of the membership will remain as specified in the initial membership card, and will also be stated on the replacement card. You will be solely responsible for any activity that is undertaken through your membership until you report your lost card to Mediczy help desk.
- CONTACT INFORMATION GRIEVANCE OFFICER
- 10.1If a User has any questions concerning Mediczy, the Website or App, this Agreement, the Services, or anything related to any of the foregoing, Mediczy customer support can be reached at the following email address: support@Mediczy.com or via the contact information available from the following www.mediczy.com
- 10.2In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or App or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: Name: Raj Kumar Designation: Head – Customer Experience Email: Admin@Mediczy.com
- 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.
- 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 Mediczy. Any consent by Mediczy to, or a waiver by Mediczy 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.