Terms of use

Definitions

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:

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

  • Online Doctor Consultancy Services:

    • Online Consultation is a Service provided by MediBuddy that allows Users to seek medical consultation by communicating with its empanelled RMPs on the Website. The RMPs are assigned by MediBuddy based on multiple parameters such as date and time of consultation request placed by the User, health problems etc. via the system’s algorithm/software program that identifies the most relevant and next available RMP. The scope of this feature as detailed herein is collectively referred to as "Consult".

  • Terms for Users

    • The Users expressly understand, acknowledge and agree to the following set forth herein below:

    • MediBuddy assigns its RMP through the system’s algorithm/software program, which identifies the most relevant RMP.
    • In case any prescription is being provided to the User by the RMP, the same is being provided basis the online consultation, however, it may vary when examined in person, hence, in no event shall the prescription provided by RMPs be relied upon as a final and conclusive solution.
    • The Users agree to use the advice from RMP on the Website subject to:
      • an ongoing treatment with their RMP;
      • a condition which does not require emergency treatment, physical examination or medical attention;
      • medical history available as records with them for reference;
      • a record of physical examination and report thereof with them, generated through their local RMP;
      • consultation with their RMP before abandoning or modifying their ongoing treatment.
    • The User agrees that by using Consult, the RMPs will not be conducting a physical examination of the Users, hence, they may not have or be able to gain important information that is usually obtained through a physical examination. The user acknowledges and agrees that he/she is aware of this limitation and agrees to assume the complete risk of this limitation.
    • The User understands that the Consult shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the advice provided by the RMP is based on general medical conditions and practices prevalent in India, and to the best of their knowledge and ability, and not for conditions which are territory specific i.e., for regions other than India, irrespective of the location where the User is procuring medical services or engaging in communication with the RMP.
    • During the consultation and thereafter, the RMP may upload the prescription/health records of the User on the account of the User on the Website for access by the User. However, it is expressly clarified that for Users who are not located within India and using Consult, the RMP may or may not issue a prescription, at his sole discretion.
    • The User hereby agrees to MediBuddy’s internal medical team carrying out an audit of his/her/their consultations with the RMP for the purpose of improving treatment quality, user experience, and other related processes. The User acknowledges that the subject matter of audit may include texts, messages, photographs, reports, audio or video recordings or any other material exchanged between the User and the RMP which could inter alia include User's personal information, including sensitive personal information. This personal information will be processed in accordance with Privacy Policy.
    • The User shall refrain from raising any personal queries or seeking advice from RMP which are not related to a specific disease / medicine/medical condition.
    • Users shall not use abusive language with the RMP. In the event an abuse from the User is reported by an RMP, MediBuddy reserves the right to terminate the Service and shall not provide such Services in future. MediBuddy is not responsible for honouring any refund request towards the User for the consultation paid to MediBuddy.
    • Users may share images or videos of affected areas of their body parts with the RMP, when deemed necessary by the RMP for accurate examination and diagnosis. Such sharing is contingent upon the User’s voluntary consent and comfort in providing these materials. The decision to share diagnostic images or videos should be based on the RMP’s professional assessment and the willingness of the User.
    • Users shall ensure that any interaction/communication with the RMP, including sharing images or videos of the body parts, shall be only through the Website. The Users shall not rely on any other external modes of communication for interacting/communicating with the RMPs.
    • Users shall be prepared to share all relevant documents or reports to the RMP promptly upon request.
    • Users shall not persuade RMPs to prescribe drugs (including higher dose strength) that do not conform to the regulations under the Telemedicine Guidelines and any other internal policies of MediBuddy, which may be subject to modifications from time to time. The restricted drugs are as follows:
      • Medication for Medical Termination Pregnancy (MTP)
      • Drugs under the following pharmaceutical classifications such as; sedatives, hypnotics, opioids, schedule X drugs, fourth-generation antibiotics or any Narcotic and Psychotropic substance listed in the Narcotic Drugs and Psychotropic Substances, Act, 1985
    • If restricted drugs are indicated for treatment or management of a disease or condition by an RMP, the User shall physically visit the RMP of their choice to confirm the requirements/necessity for prescribing such restricted drugs.
    • The user understands and agrees to provide accurate information and will not use the Services for any acts that are considered to be illegal in nature.
    • The User agrees and understands that the transaction with the RMP and MediBuddy are subject to the jurisdiction of Indian laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times. The User further agrees and understands that the RMP is a medical practitioner who is licensed to practice medicine in India and the onus is on the User to determine if he/she is eligible to consult with the RMP via the Website. It is expressly clarified that at no point in time can it be construed that the RMP is practicing medicine in a territory other than India, irrespective of where the User is located and procures medical services or engages in communication with the RMP, in any manner whatsoever.
    • The User shall indemnify and hold harmless MediBuddy and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.
    • The User shall make payment using the payment gateway to make payments online, solely at the User's discretion.
  • 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. You should seek emergency help or follow-up care when recommended by a medical practitioner or when you are of the opinion that such help or care is prudent in your sole opinion.

  • Limitations of Online Consultation and Informed Consent

    • - When you seek consultation with any medical practitioner using the Communication Tools made available through the Service, 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; delays or failure arising from the disruption of communication devices or Communication Tools; the insufficient quality of information transmitted online, lack of access to your medical records or medical history amongst others and the inherent risks of breach of privacy associated with sharing your sensitive personal information or medical information through the Communication Tools. You take full responsibility for ensuring that any information you submit is complete and accurate and understand that the medical practitioner relies solely on information provided by you. We shall not be responsible for any errors in transmission or for the corruption or compromise of any information communicated over telecommunication services. Therefore, before sharing any information or acting on any information or advice offered to you by or through the Service, you should confirm that you have understood and accept the associated limitations and risks and agree that you are not using the Service as a substitute for consultation with your primary care physician.
    - 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, including any interruption or unavailability of third-party telecommunication services used to host / provide the Service. In no event will we be liable for any failure or interruption of the Service, including without limitation those failures or interruptions resulting in part or entirely from circumstances beyond our reasonable control.
    - Without prejudice to the above, a medical practitioner may, in his or her sole discretion and professional judgment, determine that the online consultations through the Service are not appropriate for some or all of your needs and, accordingly, 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 through us and pay for your purchases through us. If you are the customer of a third-party online pharmacy that has in turn referred you to one of our participating medical practitioners for a consultation, you hereby consent and authorise the concerned medical practitioner and us to transmit any prescription/s that may be issued to you pursuant to your consultation, to the said third party online pharmacy. 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. Therefore, we shall not be responsible or liable for any defect or deficiency in the goods or the service provided to you by a pharmacy.
    -Pharmacies who we deal with have represented to us that they are duly qualified and licensed to sell drugs and medicinal preparations as per applicable law in India. While we make reasonable enquiries to confirm the veracity of this representation made to us by the pharmacies, we shall not be responsible for any misrepresentation or fraud in this regard. We do not recommend or endorse any pharmacy or make any representations or warranties with respect to the quality of the drugs or medicinal preparation they may sell to you or their services in relation to the sale/purchase transaction.
    -Medical practitioners may prescribe medications when medically indicated in their sole professional judgment. In the event that a medical practitioner does prescribe a medication, it will be his/her duty to comply with all applicable laws and we advise them to prescribe a medication as determined appropriate in his/her sole discretion and professional judgment. You agree that any prescriptions that you acquire from a medical practitioner by/through the Service shall be solely for your personal use. You agree to fully and carefully read and follow all instructions provided to you by the medical practitioner and all product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
    -The third-party pharmacy may require you to produce clear and valid prescriptions as required by law for the sale of drugs / medicinal preparations to you.
    - 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. You should not attempt to gain unauthorized access to any Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
  • 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, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    -harm 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 or communicates any information which is grossly offensive or menacing in nature;
    -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; or
    -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.
  • 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 using the Communication Tools and to remove (without notice to you) any information or materials that we find, in our sole discretion, violates any applicable law or these Terms. To this extent, you hereby waive doctor-patient confidentiality and expressly authorise us to review all information you transmit or share using the Communication Tools. In the event of non-compliance with the Terms, we may (without notice to you), immediately terminate your registration with us and/or prevent your access or use of the Service.

    • User Communication

    Users will receive information on whatsapp and sms on the mobile number provided while availing the services on MediBuddy. This helps MediBuddy 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 MediBuddy cannot be used for personal gains or in conjunction with any commercial activity including but not limited to using on the application. MediBuddy 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 including but not limited to using on the application or for commercial gains or misuse of service for not intended purpose.

    Terms of Use:

    Without limiting any other provisions of these Terms, you may not use this Application for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this Application may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason.

    Payment for Service

    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.

    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 or forum or regulatory authority or any enforcement judicial or quasi judicial body. The Parties shall be required to send a notice to the relevant party when data other than sensitive personal data or personally identifiable data is to be disclosed to a Third Party. Your data will be processed by us as per applicable laws and our privacy policy available at our website.

    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 of sensitive personal data or personally identifiable data caused due to circumstances beyond the control of the App.

    Refusal of Services

    The App reserves the right to refuse its services to any of the Parties for any reason whatsoever.

    The App also reserves the right to refuse services if the User fails to adhere to or violates the Terms of Use or any change/amendment/modification made to the Terms of Use or does any act or omission including but not limited to resulting in harassment or misconduct by the User.

    In the event that the User has availed the services of the App to secure an appointment with the HCP and subsequently the HCP refuses to provide his/her services to the User, the App shall not be held liable.

    In the event User makes avail the App to unauthorised Users other than what is agreed in the App.

    In the event the Patient is not present himself or herself while availing the Services vide the App, Phasorz may refuse to provide the Services to the representative of the Patient, if any, except when the presence of such Patient is not possible due to medical reasons or if the said Patient is legally incompetent to avail the Services by himself or herself.

    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 stated under the Terms of Use and hereunder including but not limited to:

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

    Third Party Links &Advertisements

    Indemnification

    Each Party (Indemnifying Party) shall indemnify the other Party (Indemnified Party), any damage, loss or harm caused by negligence, fraud, misrepresentation or wilful misconduct of the Indemnifying Party amounting to breach of the Terms of Use, from and against any action, claim or proceeding brought by a Third-Party.

    Nothing in this Terms of Use shall be taken to exclude or limit User's liability under or arising out of the Terms of Use or use of the App whether based in contract, tort (including negligence and strict liability) or otherwise to the extent that such liability cannot be excluded by law.

    Entire Agreement

    The Terms of Use shall comprise the entire agreement between the Parties and shall define the rights and obligations of the respective Parties with regard to the subject-matter of the Terms of Use.

    The Terms of Use shall override and extinguish any previous agreements and understandings among the Parties, whether oral or written, in relation to the subject matter hereof.

    Assignment

    The Parties to this Agreement shall not transfer their rights or obligations, either in whole or in part, as envisaged in the Terms of Use to a Third Party without the explicit written consent of the other concerned Parties to this Agreement.

    Notices

    The Parties shall be required to communicate any notices, requests, demands and/or other communications related to the subject-matter of the Terms of Use with the other Party in writing, either by post or by electronic mail.

    The said written communication shall be deemed to be complete and effective:

    The said communication shall contain the name, contact number, and address of the Sender.

    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 Bangalore. If the dispute remains unresolved, it shall be submitted to Arbitration in Bangalore to be adjudicated by sole Arbitrator appointed by Phasorz Technologies Private Limited. The award by the said Arbitrator shall be final and binding to all the parties herein.

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

    Advertisement Policy

    Severability

    Any clause or part of a clause of the Terms of Use which is found to be illegal, void or unenforceable due to the law in force or by a decision of any competent Court of law, shall be deemed ineffective and severed from the rest of the Terms of Use

    Survival

    The obligations of the Parties under the Terms of Use with regard to the maintenance of confidentiality and privacy of sensitive personal data or personally identifiable data shall survive the termination/completion/lapse of the Terms of Use

    Confidentiality

    The Parties acknowledge and agree that any information provided in relation to the User's sensitive personal information or personally identifiable information shall be confidential. Such confidential information shall not be communicated to a Third Party without the consent of the User unless

    Change/Amendment/Modification

    The App reserves the right to effect any change, amendment or modification to the Terms of Use, with or without notice to the User. The said change, amendment or modification shall be applicable to and enforceable by all the Parties as a part of the Terms of Use, from the date such change, amendment or modification is published by the App.

    The Terms of Use prior to the change, amendment or modification shall cease to exist and shall be deemed to be supplanted by the changed, amended or modified Terms of Use. The changed, amended or modified Terms of Use shall thereafter govern the rights and obligations of the Parties.

    Force Majeure

    The App shall not be liable for any delay caused in performance or non-performance of any part of the Terms of Use arising out of circumstances beyond the control of the App and not due to willful misconduct, fraud, misrepresentation or negligence of the App.

    The circumstances beyond the control of the App shall deem to include, but is not limited to, interruptions, difficulties, loss or malfunction of utilities, software or hardware; Acts of God; Civil Unrest; War; etc.

    Legal Compliance

    The Parties shall comply with all relevant laws, bye-laws, rules, regulations, orders, notifications, judgments and decrees in force, applicable to it and its business operations enforced either by the Union Government and/or by the respective State Governments, in their respective jurisdictions.

    Grievance Redressal