Customer Terms of Use

These Customer Terms of Use (these “Terms”) were last updated on 15 May 2021

When we say “our”, “us”, “we” or “Company” in these Terms, we mean MedoPlus Service Pvt. Ltd. or/and its subsidiaries, affiliates, and successors. When we say “the MedoPlus Platform” or “Platform” we mean the website – [www.medoplus.in] (“Website”), the mobile application named “MedoPlus” (“App”). The terms “user”, “you”, “your” or “yours” refer to any user of the Platform. These Terms govern your access and use of the Platform. Please ensure that you read these Terms carefully as they constitute a binding agreement between you and us.

Accessing, browsing, or otherwise using the Platform, or clicking “I AGREE”, “SUBMIT”, or the like (if provided) indicates your acceptance. This means that you have read, understood, and agreed to be bound by these Terms and to the collection and use of your information set out in our Privacy Policy and any other rules or policies available on the Platform, as amended from time to time (collectively referred to as “Policies”). The Policies are incorporated by reference into these Terms. If the contents of any of our other Policies conflict with these Terms, these Terms shall prevail over the Policies.

We may revise these Terms, and Services and update the Platform from time to time. Your continued use of the Platform following any modifications to the Terms will be deemed as acceptance of the modified Terms. For this reason, you should frequently review these Terms. If you do not agree with any part of these Terms, please stop using the Platform immediately.

1. ELIGIBILITY

In order to use or access the Platform, you must be competent to enter into a contract under applicable laws. Your continued use of the Platform will mean that you represent and warrant to us that you are competent to enter into a valid and binding contract under applicable laws. Additionally, if you input any details of your family into the Platform, you represent and warrant that you have the due permission and right to add such family members onto the Platform.

2. PRIVACY OF DATA

The Customer Privacy Policy provides the manner in which we store, process, collect, use and share the data that is collected from you. Please read it so you know your rights in this regard.

3. USING THE PLATFORM 

1. Signing up to use our Platform: In order to use the Platform, you must create a user account (“User Account”) by providing us with your name, address, phone number, date of birth, and gender. You may additionally choose to provide us with your blood group, photograph (in a manner required by us), and if you have been vaccinated for COVID-19. You may additionally choose to provide any existing health issues, insurance details, medical records, and the ID of existing users that may be a family member. Please note that we may requisition further information from you to authenticate your User Account. Once you provide us the relevant information, we will authenticate your User Account using a one-time password and require you to create a new password.

Once you create a User Account, you will be able to use the Platform to: (i) select, book and make payments  for doctors’ appointments; (ii) book and make payments for availing any other services provided by third-party service providers such as diagnostic labs, hospitals, and others (the blood banks, pharmacies, ambulances, doctors, hospitals, and such diagnostic labs will collectively be referenced as “Third-Party Service Providers”), (iii) track your health data (by adding information of vitals such as body temperature, pulse, blood pressure, height, weight, etc.) and upload your health records for future use; (iv) avail of services like health insurance, health loans and such other support services; (v) take video or tele calls with doctors through the Platform; (vi) receive information on services, appointments, payments etc. through emails, SMS, or notifications, and (vii) post reviews on the Platform. You will be required to OTP authenticate yourself to: (i) avail any consultation  or other services; (ii) share your data or information with Third-Party Service Providers, and (iii) complete payment processes..

2. You will be responsible for maintaining the confidentiality of your User Account, password, and restricting access to your computer or mobile device, and you hereby accept responsibility for all the activities that occur on your User Account. You acknowledge that the information you provide does not infringe any third-party rights, including any privacy rights. 

3. If you know or have reasons to believe that the security of your MedoPlus Account has been breached, you should report it on our Platform or contact our grievance officer immediately as per the contact information provided below in Section 16 (Grievance Officer). If we find a security breach or suspected security breach of your MedoPlus Account, we may require you to change your password, and/or temporarily or permanently block your MedoPlus Account without us incurring any liability. 

4. You must ensure that you keep updating the MedoPlus App as and when we release new versions of it. Failure to do so may make you incapable of using our services. 

5. You agree and acknowledge that the Platform is only an intermediary that you and Third-Party Service Providers utilize to meet and interact with one another for transactions. We are not and cannot be a party to or save as except as may be provided in these Terms, control in any manner, any transaction between You and the Third-Party Service Providers.

4. PAYMENT AND REFUNDS

6. In order to avail any services from the Third-Party Service Providers, you will need to remit the applicable fees listed for the service on our Platform. The fees for such services may be paid either by way of UPI, debit card, credit card, or cash. We may allow you to pay in full, or partly in advance and partly at the time of actually availing these services, as the situation may be.

7. If you cancel any appointments or fail to attend an appointment after making an advance fee payment for such appointment, and provided that such appointment has not been started pursuant to an OTP authentication, then we will refund the entire amounts paid by you. These amounts will be repaid to you within 21 (twenty-one) days from the date of cancellation.

5. SERVICE QUALIFIERS

8. We do not verify any of the health data and records that you post on the Platform. We will not be required to review any information so provided or uploaded by you. You alone are responsible for correcting any incorrect information you provide as part of your health data and records. You should ensure that you do not post any inaccurate, misleading, outdated, or incomplete information.

9. Please note that we list all Third-Party Service Providers basis their geographic location by default. You may see the reviews and ratings of the Third-Party Service Providers on the Platform, but please note that we do not rate, review, or rank these service providers, and their reviews or ratings should not be construed as endorsements being made by us. Enlisting of Third-Party Service Providers does not amount to our endorsement of them.

10. We are not responsible for any unsatisfactory, delayed, or non-performance of services offered by such Third-Party Service Providers. We are not responsible for any wrong medication or quality of treatment being given by the Third-Party Service Providers, or any medical negligence on part of the Third-Party Service Providers. We will not be responsible for any inappropriate treatment, or similar difficulties, or any type of inconvenience suffered by you due to a failure on part of the Third-Party Service Provider.

11. We shall not and are not required to mediate or resolve any dispute or disagreement between you and the Third-Party Service Providers. Particularly, we do not implicitly or explicitly support or endorse the sale or purchase of any services on the Platform.

12. We provide services through the Platform as a marketplace and list diagnostic test/package facilities offered by Third-Party Service Providers through the Platform. We are not and shall not be responsible for any sample collected, tests conducted and reports generated by the Third-Party Service Providers and do not deal with any of Third-Party Service Providers’ client or patient managed by Third-Party Service Providers’ through the Platform and only provide facilitation Services to you through the Platform. You acknowledge that you are responsible for selection of healthcare facility and booking appointments on the platform. Dispensing of services and products by the healthcare facility is as per their availability and at their discretion. You understand and agree that telemedicine and teleconsultation have inherent limitations and may not suffice where you need in-person or on-site consultation. Additionally, you are responsible for following through and abiding by the prescription and diagnosis provided to you by the Third-Party Service Providers.

13. We do not replace your relationship with a physician or healthcare provider or any other Third-Party Service Provider. No information interpreted should be relied upon as a substitute for sound professional medical advice, evaluation, or care from your physician or other qualified healthcare provider. In particular, you should not rely on using the Platform in cases of medical emergencies where on-site visitation of a medical health professional is needed. The Platform is only a means to book appointments and take telehealth consultation. You may not be able to always reach your preferred medical health professional via the Platform. We will not be liable in the event that you are not able to reach your preferred medical health professional.

14. You acknowledge that the Third-Party Service Providers enlisted on the Platform are independent contractors and thereby we have an independent contractor relationship with such Third-Party Service Providers and therefore in no event shall we be directly or vicariously liable for any advice or medical consultancy or any loss arising therefrom that the Third-Party Service Providers render to you.

15. You acknowledge and understand that if you take any consultations through our Platform, whether as an audio call or video call, we may record such calls for compliance purposes. We may further collect all health records uploaded onto the Platform by you or your Third-Party Service Providers.

6. LIMITED LICENSE

16. We grant you a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to access and make personal and non-commercial use of the Platform.

17. You do not have any permission to download, copy, install, reverse-engineer, or use the Platform, or information made available on the Platform for any other purpose without our prior written consent. All rights not expressly granted to you in these Terms are reserved and retained by us. We reserve the right, at our sole discretion and at any time, without notice, to terminate your license to use the Platform and prevent your future access of the Platform. 

18. You are allowed to write reviews (collectively, “User Content”) on the Platform strictly in accordance with the Terms.

19. You represent and warrant that you have the right, title, and interest in and to such User Content to allow you to post such User Content on the Platform in accordance with these Terms.

20. By displaying or publishing (“posting”) any User Content or photographs or uploading your name on or through the Platform, you hereby grant to the Company a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), rearrange, and distribute such materials through any media now known or developed in the future.

21. Subject to applicable law and unless provided otherwise under any statute in force in India, this license will terminate at the time you remove your User Content from the Platform except as to any User Content that the Company has sublicensed prior to your removal of your User Content from the Platform, which license shall continue in perpetuity.

22. In the event that any User Content posted by you is found to be in violation of another person’s intellectual property or any other rights in any manner, then you alone shall be absolutely and solely liable for such violation and no liability shall be laid down on the Company for the same.

7. INTELLECTUAL PROPERTY

23. All rights, interest, and title in the Platform, its layout, trademarks, copyrights, content, information, images, illustrations, graphics, video clips, text, databases, utility models, underlying technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, underlying codes and algorithm, mask works, moral rights, trade secrets, database rights patent, rights of publicity, trademarks, service marks, logos and designs, data analysis, data models, data sets, formulae and processes, and any upgrades, fixes, improvements or modifications thereto (“Intellectual Property”), created by us vests with us unconditionally and constitutes our exclusive Intellectual Property.

24. Prohibited use of Intellectual Property: You do not have the right to duplicate, distribute, create derivative works of, display, extract the source code of the Platform, translate the Platform, information, and content thereof, or commercially exploit our Intellectual Property directly or indirectly, without our prior written permission. In the event that you create any derivative works using our Intellectual Property without our explicit written permission then we shall have all ownership and beneficial rights in such derivative work free of charge.

8. PROHIBITED CONTENT

We reserve the right, in our sole and absolute discretion, to determine whether User Content to remove any User Content, without notice to you, if we determine any User Content to be inappropriate. Without limiting the generality of the foregoing, the following is an indicative list of User Content that we deem inappropriate:

1. Content that belongs to another person and to which you do not have any right;
2. Content that is defamatory or libellous;
3. Content that is obscene, pornographic, paedophilic, disrespectful, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
4. Content that is harmful to a person below the age of 18 (eighteen) years;
5. Content that infringes any patent, trademark, copyright or other proprietary rights;
6. Content that violates any law for the time being in force;
7. Content that deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
8. Content that impersonates another person;
9. Content that 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 other nation;
10. Content that contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of the Platform;
11. Content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
12. Content that contains any abusive, or explicit language;
13. Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
14. Content that contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
15. Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to violating someone’s privacy;
16. Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
17. Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other users.

9. RESTRICTION ON USE

1. You agree and undertake that by using the Platform that you shall not engage in or encourage or assist others to:

1. Post any Content that may amount to Prohibited Content as defined above;
2. Use the Platform or any content or information for any purpose or in any manner that is illegal or prohibited by these Terms or under any applicable laws; 
3. Use the Platform for any harmful or nefarious purpose; 
4. Use the Platform in order to cause any kind of damage to us in any form or manner whatsoever; 
5. Spam or defraud any users of the Platform or any potential users thereof;
6. Impersonate any person or entity on the Platform;
7. Be disrespectful or unkind while interacting or communicating with any of our representatives, including without limitation, our grievance officer;
8. Use the Platform or any content or information thereof in any manner that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contractual rights;
9. Use the Platform in any manner that may amount to hate speech, threatening, sexually explicit or pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
10. Use the Platform in any manner that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
11. Solicit passwords for any purpose, or personal information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
12. Create another account if we have already terminated your account unless you have our permission;
13. Embed, re-publish, maintain and/or display any third-party websites/applications on any website or other internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally  or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content; 
14. Express or imply that any statements you make are endorsed by us.

2. If you do or attempt any such acts, we may terminate your use of the Platform. We may also report such actions to the appropriate law enforcement authorities and commence legal proceedings against you. 

10. THIRD-PARTY DATA AND ADVERTISING

3. We may use various third-party data, software, and/or services to host the Platform. Although we have appropriate agreements in place with these third parties, we do not accept any liabilities that may arise from our use of/reliance on such third-party data, software, or services.

4. We may display advertisements of third-party websites, products, services, and contents on our Platform. We are not responsible for the content of any third-party advertisements and sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to follow the link to any such third-party websites, you do so entirely at your own risk. We do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Platform. We shall not be responsible for the actions, content, products, or services of such third-party websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all third-party website pages and other websites that you visit via the Platform.

11. DISCLAIMERS

5. All information made available on the Platform are for purely informational purposes only.  The information shall not constitute and is not intended to be professional advice or services. We do not make any representation or assume any responsibility for the accuracy, completeness, appropriateness, or usefulness of any information posted on the Platform. Any reliance placed on the information provided on our Platform is solely at your own risk. Under no circumstances will we, our directors, investors, shareholders, employees, representatives, or affiliates be liable for such information or any consequences thereof.

6. You understand that usage of the Platform will require an active internet connection, which can be either Wi-Fi or provided by your mobile network provider. We will not be responsible for any loss in functionality if you don’t have an active internet connection or for any charges you may incur for the usage of mobile data. Further, you need to ensure that your computer, mobile or any other device has adequate charge as we will not be responsible if you run out of battery and consequently fail to access the Platform.

7. You agree to use the Platform at your own risk. The Platform, including any content, and any other information are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. We do not warrant the quality of the Platform, including its uninterrupted, timely, secure or error-free provision, or continued compatibility for your use; or that the Platform will be accurate, error free, reliable, free of trojans, viruses, malware or other harmful components.

8. We are committed to ensuring that none of the information or content on the Platform violates the law or infringes third-party intellectual property rights. We are not an adjudicatory authority and cannot determine definitively whether any content violates the law or infringes third-party intellectual property rights. However, if you report any content to us, and if in our reasonable opinion the content so reported violates these Terms, then we will, within 2 (two) working days of making such a determination, take down such content, unless required to act sooner under any applicable law in which case we will take down such content as required under applicable law. Please note that we do not review every post and content being posted on the Platform and will review posts only when posts are brought to our attention by you.

12. INDEMNIFICATION

You agree to defend, indemnify and hold harmless us as well as our affiliates and their respective investors, directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (a) your use and access to Platform; (b) your violation of these Terms; (c) your violation of any third-party right; (d) your breach of applicable laws; and (e) any unauthorized, improper, illegal or wrongful use of your User Account by any person, including by a third-party, whether or not authorized or permitted by you.

13. LIMITATION OF LIABILITY

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from your use of the Platform or information provided, including, but not limited to, any errors or omissions in any content or information, or any loss or damage of any kind incurred as a result of the use of the Platform or any content or information thereof, even if advised of their possibility. Our total aggregate monetary liability arising under these Terms shall be limited to INR 1,000 (Rupees One Thousand only). 

14. TERM AND TERMINATION 

9. These Terms will be effective until terminated by us or you.

10. We reserve the right, at any time, to: (a) discontinue or modify any aspect of the Platform; and/or (b) terminate these Terms and your use of the Platform with or without cause.

11. We may, without incurring any liability or penalty, remove your User Account as well as blacklist you from the Platform immediately if you use the Platform in contravention of these Terms or our Privacy Policy.

15. ELECTRONIC COMMUNICATION

You consent to receiving communications from us electronically. This shall include notifications, promotions, advertisements, and other communications related to our Platform, information, and other services. We will communicate with you by SMS, e-mail, push notifications on your computer or mobile device, or by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes to any information provided by you to us, including your phone number, e-mail address, and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the Platform and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id. 

16. GRIEVANCE OFFICER 

If you have any complaints, grievances or questions related to the Platform, information, and other content and services (“Grievances”), please contact our Grievance Officer in the following manner:

E-mail:  info@medoplus.in 

Subject line: Email to the Grievance Officer

17. SURVIVAL 

Sections 11 (Disclaimers), 7 (Intellectual Property), 13 (Limitation of Liability), 12 (Indemnification), 14 (Term and Termination), 16 (Grievance Officer), 17 (Survival), and 18 (General Provisions) shall survive the efflux of time and the termination of these Terms. 

18. GENERAL PROVISIONS

12. These Terms and any action related thereto will be governed by the laws of the Republic of India. Any disputes arising out of or related to the Terms and/or Platform (collectively, “Dispute(s)”) shall be subject to the jurisdiction of the courts located in Delhi. Any and all Disputes shall be referred to and finally resolved by a mutually appointed sole arbitrator in accordance with the provisions for fast track arbitration provided under the Arbitration and Conciliation Act 1996, including any amendment or modification thereto. The seat and venue of arbitration shall be Delhi. The language of the arbitration proceedings shall be English. Each party shall bear its own expenses and costs in relation to the arbitral proceedings, unless otherwise stated in the award.

13. You shall not assign or transfer any right or obligation that may have accrued to you under these Terms, and any attempt to do so shall be null and void. At our sole discretion, we may assign or transfer any right or obligation that has accrued in our favour, without any restriction.

14. Unless otherwise expressly stated, any delay in our exercising any rights or remedies arising out of these Terms shall not constitute a waiver of rights or remedies, and no single or partial exercise of any rights or remedies hereunder, shall prevent any further exercise of rights or remedies by us.

15. If any of these Terms is held to be illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any such provision held to be invalid, illegal, or unenforceable shall be substituted by a provision of similar import reflecting the original intent of the parties to the extent permissible under applicable laws.

16. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control such as, pandemics, epidemics, acts of God, civil war, embargoes, strikes, etc. This condition does not affect your statutory rights.

DOCTORS’ TERMS OF USE

These Doctors’ Terms of Use (these “Terms”) were last updated on: 15th May 2021

When we say “our”, “us”, “we” or “Company” in these Terms, we mean MedoPlus Service Pvt. Ltd. or/and its subsidiaries, affiliates, and successors. When we say the “MedoPlus Platform” or “Platform” we mean the website – www.medoplus.in (“Website”) and the mobile application named “MedoPlus” (“App”). The terms “user”, “you”, “your” or “yours” refer to any doctor, clinical establishment or healthcare facility listed on the Platform. These Terms govern your access and use of the Platform. Please ensure that you read these Terms carefully as they constitute a binding agreement between you and us.

Accessing, browsing, or otherwise using the Platform, or clicking “I AGREE”, “SUBMIT”, or the like (if provided) indicates your acceptance. This means that you have read, understood, and agreed to be bound by these Terms and to the collection and use of your information set out in our Doctor Privacy Policy and any other rules or policies available on the Platform, as amended from time to time (collectively referred to as “Policies”). The Policies are incorporated by reference into these Terms.

We may revise these Terms and services, and update the Platform from time to time. Your continued use of the Platform following any modifications to the Terms will be deemed as acceptance of the modified Terms. For this reason, you should frequently review these Terms. If you do not agree with any part of these Terms, please stop using the Platform immediately.

1. ELIGIBILITY

In order to use or access the Platform, you must be competent to enter into a contract under applicable laws. You must be registered, enrolled, licensed and qualified to provide services as a registered medical practitioner, clinical establishment or hospital, as per applicable laws of India. You shall not be a part of any arrangement which will prevent you from practicing medicine within the territory of India, or from offering your services on the Platform.

2. PRIVACY OF DATA

The Doctor Privacy Policy provides the manner in which we store, process, collect, use and share the data that is collected from you.

3. USING THE PLATFORM 

1. Signing up to use our  Platform:  In order to use the Platform, you must create a user account (“User Account”) by providing us your name, photo, address, phone number, date of birth, gender, bank account details, IFS Code, PAN Card, GSTIN number, specialization(s), intended service offerings, certification documents from the National Medical Commission/State Medical Council and/or Clinical Establishment related certifications as may be relevant, and timeslots for when you are available for consulting. You must also provide whether you or your facility has obtained appropriate certifications from the National Accreditation Board for Testing and Calibration Laboratories, National Accreditation Board for Hospitals & Healthcare Providers (if applicable) and under the Drugs and Cosmetics Act, 1940. Please note that we may requisition further information from you to authenticate your User Account, or to allow you to provide certain services, from time to time.

2. Once you create a User Account, you will be able to use the Platform to: (i) view upcoming appointments with patients, (ii) view past appointments with patients, (iii) take in “walk-in” appointments of customers registered with MedoPlus, (iv) manage new appointment requests, (v) contact the MITR or patient regarding the patient’s appointment, (vi) cancel or reschedule an appointment with patients, (vi) view health information and records inputted by the patient, (viii) provide the telehealth, telemedicine, in-person healthcare services and any other services (collectively referred to as “Healthcare Services”) to patients, (ix) record details of telehealth and/or telemedicine provided to the patient including symptoms observed, upload images of prescriptions, enter drugs and their prescribed intake in the fields provided on the Platform, details of any follow-up consultation, further diagnostics and hospitalisation that may be required, (x) manage payments from patients or our third party service providers, (xi) provide a service rate card or update an existing service rate card for the facility, (xii) rate, make suggestions or raise issues about the Platform, (xiii) Upload your invoice for additional services provided, (xiv) fix date and time for follow-up appointments, (xv) authenticate patient’s arrival, and (xvi) conduct video and voice consultations. You will be able to cancel or reschedule appointments up to 2 (two) days in advance via the Platform. (“Patient” or “patient” shall mean any person who has booked an appointment with you via the Platform).

3. You will be responsible for maintaining the confidentiality of your User Account, password, and restricting access to your computer or mobile device, and you hereby accept responsibility for all the activities that occur on your User Account. You acknowledge that the information you provide does not infringe any third-party rights, including any privacy rights. Additionally, if any of your health workers, allied health professionals, and other staff (collectively referred to as “Other Staff”) operate your User Account, we will presume that you have validly authorized and permitted such persons to operate the User Account. All actions made through your User Account will be deemed to have been made by you. You must, however, inform the concerned Patient that such Other Staff will have access to their information via your User Account. You warrant that the Other Staff are qualified and registered in accordance with applicable law. 

4. Your ability to commence an appointment, close an appointment, and view any patient records will be subject to OTP authentication. If these actions are not OTP authenticated then we will not deem any appointment as being commenced, and accordingly refund any Fees received by us for such appointment. Within 30 (thirty) minutes of an appointment ending, you must upload the prescription and relevant notes onto the Platform. The same will be shared with the concerned patient.

5. If you know or have reasons to believe that the security of your User Account has been breached, you should report it on our Platform or contact our grievance officer immediately as per the contact information provided below in Section 17 (Grievance Officer). If we find a security breach or suspect a security breach of your User Account, we may require you to change your password, and/or temporarily or permanently block your User Account without incurring any liability. 

6. You must ensure that you keep updating the App as and when we release new versions of it. Failure to do so may make our services affected or unavailable. 

7. You agree and acknowledge that the Platform is only an intermediary that you and the patient(s), or you and any ambulance facility, blood bank, or pharmacy, (collectively referred to as “Third-Party Service Providers"), utilize to meet and interact with one another for transactions. We are not and cannot be a party to or save as except as may be provided in these Terms, control in any manner, any transaction between you and the patient, or you and any other Third-Party Service Provider on the Platform.

4. FEES AND REFUNDS

8. You are entitled to receive a fee for the Healthcare Services you provide (“Fee”), as may be agreed between you and us from time to time.

9. In consideration of being listed, you agree to pay us a service fee on a per consultation (whether in person, on-call, or on video) basis, as may be agreed between the you and us from time to time (“Service Fee”).  

10. The collection and payment of the Fee and Service Fee shall be governed by a separate agreement executed between you and us.

11. If a patient does not show up for an appointment, such appointment shall be deemed to be cancelled and full refund shall be processed to the patient. Where such an appointment was prepaid and the Fee was paid to us or our affiliates, the refund shall be made by us as per our refund policy. Provided that, nothing in this Clause 4.4 (Fee and Refunds) shall apply if the Healthcare Services for the patient have been completed by you.  

12. You acknowledge that you shall be responsible for payment of all taxes applicable on the provision of Healthcare Services. You shall also be responsible for payment of all direct taxes applicable on your receipt of any portion of the Fee.    

5. SERVICE QUALIFIERS

1. We do not verify any of the patient health-related data and records that you or the patient input or upload on the Platform. You alone are responsible for correcting any incorrect information you provide relating to a patient’s care.

2. Your services and appointment slots are displayed to the patients, basis our algorithmic sifting. We do not promote any service provider or their services on the Platform, and do not have any role in where you rank on the listing of service providers. Your ranking and listing may be influenced by the reviews and feedback received about you from your patients. In the event that your reviews are overwhelmingly negative or indicative of behaviour that maybe harmful to our goodwill, we may terminate your User Account without notice or liability.

3. The appointment slots you provide on the Platform will not conflict with any appointments you otherwise accept from third parties, including walk-in appointments. You shall ensure that you remain available for meeting only patients assigned to you by the Platform during the appointment slots listed by you on the Platform or otherwise confirmed by you.

4. You agree and understand that you must treat all patients with MedoPlus customer ID, assigned to you via the Platform or as walk-ins, whether for in-person or tele-consultation, as you would have otherwise treated a patient on a physical one-on-one consultation model who would have otherwise availed your services. You shall ensure that, the online consultation is treated as an in-clinic consultation and provide advice to the best of your knowledge. You agree that any Patient with a MedoPlus customer ID referred to you or as walk-ins shall be billed only through the Platform, and that all transactions with Patients shall be registered on the Platform. Any circumvention of this or the Terms will lead to us to take such action as we may deem fit.

5. We shall not and are not required to mediate or resolve any dispute or disagreement between you and the patient or you and any other service provider. Particularly, we do not implicitly or explicitly support or endorse the sale or purchase of any services on the Platform.

6. You acknowledge by being listed on the Platform you are an independent contractor and thereby we have an independent contractor relationship and therefore in no event shall we be directly or vicariously liable for any advice or medical consultancy or any loss arising from the services rendered by you.

7. You acknowledge and understand that if you provide any consultations through our Platform, whether as an audio call or video call, we may record such calls for compliance purposes. We may further collect all health records uploaded onto the Platform by you or the patient, which may be utilised by you for future reference and well-being of the patient.

8. You should provide an electronic copy of the prescriptions or an e-prescription to the patients only via the Platform. When you upload a copy of the prescription, then such prescription must be signed. However, when you create an e-prescription, you will be required to confirm the e-prescription with an electronic or digital signature explicitly or implicitly by clicking on the signature option made available or any other form of opt-in method as provided therein. You hereby agree and covenant to be responsible and liable for the content of e-prescription and the authenticity of your signature signed electronically.

9. In order to complete a consult, you must provide a consultation summary as part of the prescription issued pursuant to Clause 5.8 (Service Qualifiers). The recommended contents (at least one) of the said consultation summary are as follows: (i) Summary of presenting illness; (ii) Provisional diagnosis; (iii) Medicine posology including side effects, if any; (iv) Diagnostics; (v) Lifestyle changes; (vi) Other instructions, if any; and (vii) Referral for physical consultation (if necessary) ; (viii) Hospitalisation.

10. Where you learn that a physical consultation is mandatory for accurate diagnosis and resolution of the case, you shall mandatorily be required to provide a patient referral for physical evaluation along with required information as part of the prescription.

11. You shall not prescribe, medical termination of pregnancy medication, sedatives, hypnotics, opioids, drugs falling under Schedule X of the Drugs and Cosmetics Rules, 1945, or any medication expressly barred for prescription as part of teleconsultation. If any such drugs are indicated for treatment for a given consultation, you shall refer the patient for a physical consultation.

12. You agree not to request images or video of the patient’s private body parts in any manner whatsoever until and unless all other options have been exhausted to diagnose the patient’s condition and it is absolutely necessary to arrive at a probable diagnosis.

13. If your performance on the Platform is not compliant with applicable law or our internal policies and regulations (as maybe shared with you from time to time) or you are found to be misusing the Platform, we may terminate your User Account without notice or liability and withhold all payments due to you.

14. It is your responsibility to ensure that the information provided to you, and the prescription and advice provided by you are accurate and not incomplete. We shall not be liable for any errors in the information included in any communication between you and the patient.

15. You will not, whether directly or indirectly, solicit or attempt to solicit any patients, MITR, or induce the MITR or any patients to engage you independently from the Platform. In the event that any MITR or patients seek to engage you independently of the Platform, or off the Platform, then you inform us of the same.

16. You will not circumvent the limitations, prohibitions or obligations provided under these Terms. You will not do or attempt to do any action that may result in a loss of Service Fees to us, including but not limited to requiring patients to terminate the appointments without due reason.

6. REPRESENTATIONS, WARRANTIES AND COVENANTS:

By using, browsing or accessing the Platform, you represent, warrant, and covenant that:

17. You have the valid right and permission to enter into these Terms with us. You are not prohibited by any contract or provision of law from entering into these Terms or dispensing the obligations provided hereunder.

18. You have the necessary registrations, authorisations, permits and licenses to provide services as a registered medical practitioner, provide telehealth/telemedicine services, and/or operate a clinical establishment or healthcare facility as per applicable laws/regulations/guidelines set out by competent authorities of India.  Your continued use of the Platform will mean that you represent and warrant to us that you are competent to enter into a valid and binding contract under applicable laws, registered, licensed, and qualified to practice medicine/provide healthcare or wellness services as per applicable law, regulations, guidelines, and that you are not in any arrangement that prevents you from offering your services on the Platform.

19. You shall, at all times, ensure that you follow all the applicable laws governing your profession, clinical establishment, healthcare facility, laws protecting patients, data protection, and governing telehealth and telemedicine. This includes any obligations and compliance requirements under the Telemedicine Practice Guidelines, 2020 or any such guidelines issued by competent authorities from time to time.

20. You shall ensure that utmost care shall be taken in providing Healthcare Services to customers.

21. Any information you provide including your government IDs, registration details, contact details, visitation dates and timings shall be true, complete, and accurate at all times. In the event of any change, you shall promptly notify us of such change and make appropriate changes to your User Account. You shall not use the User Account or the Platform while providing incorrect, false, inaccurate or incomplete information.  

22. Your provision of Healthcare Services to patients creates a direct business relationship between you and the patient. We are not responsible or liable for the actions or inactions of a patient in relation to you, your services or your dealings with the patient. You shall have the sole responsibility for any obligations or liabilities that arise from your provision of Healthcare Services. Among other things, you should: (i) inform the patients of the limitations of telemedicine and teleconsultations (when applicable), and take explicit consent from the patients before commencing any teleconsultation; (ii) direct patients to on-site and in-person medical services, and diagnostic assessments where you deem that telemedicine and telehealth will not be sufficient to resolve queries or appropriately diagnose the patient; and (iii) inform the patients that the diagnosis being provided pursuant to the teleconsultation may be revised or amended, basis any diagnostic test results or/and in-person consultations that may be prescribed.

23. You shall act professionally with the patients and provide the Healthcare Services in accordance with industry standards and standard business practices.  

24. You shall upload and input the information of the patients’ care, reports, prescriptions, notes, and invoices on the Platform in the format mandated by the Platform and provide the physical reports to patients on time, as may be required. 

25. You shall not cancel any appointments without informing the patients ahead of time and without good cause.  

26. You may directly or indirectly have access to patients’ health data (including images/video of their body), financial data, health reports and information, biometric and genetic information (collectively referred to as “Patient Information”).  You shall not use Patient Information, whether inputted/uploaded by you, other support staff, or the patients themselves, for any other purpose except for the purpose of providing Healthcare Services. 

27. You shall share Patient Information only with the express and informed consent of the patient that the information relates to, or as required by applicable laws.

28. You shall not make copies, use, share, or sell Patient Information, before and after terminating your usage of the Platform.

29. You will upload records of any and all treatments prescribed to the Patients, amounts paid by the Patient to you in person, and ensure that the appointment fees are accurately recorded in the Platform. You will make appropriate remittances to us in time as may be applicable.

7. LIMITED LICENSE

1. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform.

2. You do not have any permission to download, copy, install, reverse-engineer, or use the Platform, or information made available on the Platform for any purpose other than provision of Healthcare Services, without our prior written consent. All rights not expressly granted to you in these Terms are reserved and retained by us. We reserve the right, at our sole discretion and at any time, without notice, to terminate your license to use the Platform and prevent your future access of the Platform. 

3. You are allowed to provide reviews, suggestions and raise issues about the working and features of the Platform on the Platform strictly in accordance with the Terms.

8. INTELLECTUAL PROPERTY

1. All rights, interest, and title in the Platform, its layout, trademarks, copyrights, content, information, images, illustrations, graphics, video clips, text, databases, utility models, underlying technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, underlying codes and algorithm, mask works, moral rights, trade secrets, database rights patent, rights of publicity, trademarks, service marks, logos and designs, data analysis, data models, data sets, formulae and processes, and any upgrades, fixes, improvements or modifications thereto (“Intellectual Property”), vest with us unconditionally and constitute our exclusive Intellectual Property.

2. Prohibited use of Intellectual Property: You do not have the right to duplicate, distribute, create derivative works of, display, extract the source code of the Platform, translate the Platform, information, and content thereof, or commercially exploit our Intellectual Property directly or indirectly, without our prior written permission. In the event that you create any derivative works using our Intellectual Property without our explicit written permission, then we shall have all ownership and beneficial rights in such derivative work free of charge.

3. Marketing, Communication and Promotions: We may use your name, in conjunction with names of other registered medical practitioners to promote and market the Platform and the benefits from the use thereof. We shall not, however, promote any particular registered medical practitioner on the Platform.  

9. PROHIBITED CONTENT

We reserve the right, in our sole and absolute discretion, to remove any content posted on the Platform by you, patients, and Third-Party Service Providers (referred to as “User Content”) without notice to you, if we determine any User Content to be inappropriate. Without limiting the generality of the foregoing, the following is an indicative list of User Content that we deem inappropriate:

1. Content that belongs to another person and to which the uploader/poster does not have any right;
2. Content that is defamatory or libellous;
3. Content that is obscene, pornographic, paedophilic, disrespectful, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
4. Content that is harmful to a person below the age of 18 (eighteen) years;
5. Content that infringes any patent, trademark, copyright or other proprietary rights;
6. Content that violates any law for the time being in force;
7. Content that deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
8. Content that impersonates another person;
9. Content that 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 other nation;
10. Content that contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of the Platform;
11. Content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
12. Content that contains any abusive, or explicit language;
13. Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
14. Content that contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
15. Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to violating someone’s privacy;
16. Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
17. Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other users.

10. RESTRICTION ON USE

4. You agree and undertake that by using the Platform that you shall not engage in or encourage or assist others to:

1. Post any User Content that may amount to Prohibited Content as defined under Clause 9 (Prohibited Content) above;
2. Use the Platform or any content or information for any purpose or in any manner that is illegal or prohibited by these Terms or under any applicable laws; 
3. Use the Platform for any harmful or nefarious purpose; 
4. Use the Platform in order to cause any kind of damage to us in any form or manner whatsoever; 
5. Spam or defraud any users of the Platform or any potential users thereof;
6. Impersonate any person or entity on the Platform;
7. Be disrespectful or unkind while interacting or communicating with any of our representatives, including without limitation, our grievance officer;
8. Use the Platform or any content or information thereof in any manner that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contractual rights;
9. Use the Platform in any manner that may amount to hate speech, is threatening, sexually explicit or pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
10. Use the Platform in any manner that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
11. Solicit passwords for any purpose, or personal information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
12. Create another account if we have already terminated your account unless you have our permission;
13. Embed, re-publish, maintain and/or display any third-party websites/applications on any website or other internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally  or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content; 
14. Express or imply that any statements you make are endorsed by us.

5. If you do or attempt any such acts, we may terminate your use of the Platform. We may also report such actions to the appropriate law enforcement authorities and commence legal proceedings against you. 

11. THIRD-PARTY DATA AND ADVERTISING

6. We may use various third-party data, software, and/or services to host the Platform. Although we have appropriate agreements in place with these third parties, we do not accept any liabilities that may arise from our use of/reliance on such third-party data, software, or services. This means and includes any in-app video or audio-call features in the Platform.

7. We may display advertisements of third-party websites, products, services, and contents on our Platform. We are not responsible for the content of any third-party advertisements and sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to follow the link to any such third-party websites, you do so entirely at your own risk. We do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Platform. We shall not be responsible for the actions, content, products, or services of such third-party websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all third-party website pages and other websites that you visit via the Platform.

12. DISCLAIMERS

8. We are not liable for harms resulting from your treatment, medical advice, medical interventions irrespective of whether they are minor or invasive, and medical negligence arising out of your actions or inactions. This includes but is not limited to situations that results in patients coming to any harm (legal or medical), maiming, disability, injury, or death. You agree to indemnify us for harms resulting from your treatment, medical advice, medical interventions, and medical negligence arising out of your actions or inactions.

9. All information made available on the Platform are for purely informational purposes.  The information shall not constitute and is not intended to be professional advice or services. We do not make any representation or assume any responsibility for the accuracy, completeness, appropriateness, or usefulness of any information posted on the Platform. Any reliance placed on the information provided on our Platform is solely at your own risk. Under no circumstances will we, our directors, investors, shareholders, employees, representatives, or affiliates be liable for such information or any consequences thereof.

10. You understand that usage of the Platform will require an active internet connection, which can be either Wi-Fi or provided by your mobile network provider. We will not be responsible for any loss in functionality if you do not have an active internet connection or for any charges you may incur for the usage of mobile data. Further, you need to ensure that your computer or mobile device has adequate charge as we will not be responsible if you run out of battery and consequently fail to access the Platform.

11. You agree to use the Platform at your own risk. The Platform, including any content, and any other information are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. We do not warrant the quality of the Platform, including its uninterrupted, timely, secure or error-free provision, or continued compatibility for your use; or that the Platform will be accurate, error free, reliable, and free of trojans, viruses, malware or other harmful components.

12. We are committed to ensuring that none of the information or content on the Platform violates the law or infringes third-party intellectual property rights. We are not an adjudicatory authority and cannot determine definitively whether any content violates the law or infringes third-party intellectual property rights. However, if you report any content to us, and if in our reasonable opinion the content so reported violates these Terms, then we will, within 2 (two) working days of making such a determination, take down such content, unless required to act sooner under any applicable law in which case we will take down such content as required under applicable law. Please note that we do not review every post and content being posted on the Platform and will review posts only when posts are brought to our attention by you.

13. You understand that we shall not be liable, under any event, for any comments or feedback given by any of the patients in relation to the Healthcare Services provided by you. The option of publishing or modifying or moderating or masking (where required by law or norm, etc.) the feedback provided by patients shall be solely at our discretion.

13. INDEMNIFICATION

You agree to defend, indemnify and hold harmless us as well as our affiliates and their respective investors, directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use and access to Platform; (ii) your violation of these Terms; (iii) your violation of any patient or third-party right; (iv) your breach of applicable laws; and/ (v) any unauthorized, improper, illegal or wrongful use of your User Account by any person, including by a third-party, whether or not authorized or permitted by you.

14. LIMITATION OF LIABILITY

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from your use of the Platform or information provided, including, but not limited to, any errors or omissions in any content or information, or any loss or damage of any kind incurred as a result of the use of the Platform or any content or information thereof, even if advised of their possibility. Our total aggregate monetary liability arising under these Terms shall be limited to INR 1,00 at all times.

15. TERM AND TERMINATION 

14. These Terms will be effective until terminated by us or you.

15. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Platform; and/or (ii) terminate these Terms and your use of the Platform with or without cause.

16. We may, without incurring any liability or penalty, remove your User Account as well as blacklist you from the Platform immediately if you use the Platform in contravention of these Terms or the Doctor Privacy Policy.

17. Where a patient refers a complaint or highlights an issue about the Healthcare Services provided by you, we reserve the right to suspend the use of your account, till the complaint or issue is investigated. In case of non-compliance with the Telemedicine Practice Guidelines, 2020, or any other guidelines issued by competent authorities, we are required by law to report the non-compliance by you to the appropriate authority.  

18. If you wish to terminate these Terms, and stop providing your services on the Platform, you may do us after contacting your relationship manager or writing to us at info@medoplus.in and providing us with a 30 (thirty) day notice period. You shall ensure that all pending pre-fixed appointments are serviced by you, before exiting the Platform.

19. Upon termination, you shall delete the App, and all Patient Information from your device(s), networks, and servers. You will also remit to us all amounts owed and payable to us within 7 days.

16. ELECTRONIC COMMUNICATION

You consent to receiving communications from us electronically. This shall include notifications, promotions, advertisements, and other communications related to our Platform, information, and other services. We will communicate with you by SMS, e-mail, push notifications on your computer or mobile device, or by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes to any information provided by you to us, including your phone number, e-mail address, registration status with appropriate authorities, change in legal status, and other details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the Platform and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id. If we send any communication by SMS, it shall be sent to your phone number available on the records created by you on the Platform and it shall be deemed to have been received by you once it is reflected in your messages application. 

17. GRIEVANCE OFFICER 

If you have any complaints, grievances or questions related to the Platform, information, and other content and services (“Grievances”), please contact our grievance officer in the following manner:

 E-mail: info@medoplus.in

Subject line: Email to the Grievance Officer

18. SURVIVAL 

Sections 6 (Representations, Warranties and Covenants), 8 (Intellectual Property), 12 (Disclaimers), 13 (Indemnification),14 (Limitation of Liability), 15 (Term and Termination), 17 (Grievance Officer), 18 (Survival), and 19 (General Provisions) shall survive the efflux of time and the termination of these Terms. 

19. GENERAL PROVISIONS

20. These Terms and any action related thereto will be governed by the laws of the Republic of India. Any disputes arising out of or related to the Terms and/or Platform (collectively, “Dispute(s)”) shall be subject to the jurisdiction of the courts located in Delhi. Any and all Disputes shall be referred to and finally resolved by a mutually appointed sole arbitrator in accordance with the provisions for fast-track arbitration provided under the Arbitration and Conciliation Act 1996, including any amendment or modification thereto. The seat and venue of arbitration shall be Delhi. The language of the arbitration proceedings shall be English. Each party shall bear its own expenses and costs in relation to the arbitral proceedings, unless otherwise stated in the award.

21. You shall not assign or transfer any right or obligation that may have accrued to you under these Terms, and any attempt to do so shall be null and void. At our sole discretion, we may assign or transfer any right or obligation that has accrued in our favour, without any restriction.

22. Unless otherwise expressly stated, any delay in our exercising any rights or remedies arising out of these Terms shall not constitute a waiver of rights or remedies, and no single or partial exercise of any rights or remedies hereunder, shall prevent any further exercise of rights or remedies by us.

23. If any provision of these Terms is held to be illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any such provision held to be invalid, illegal, or unenforceable shall be substituted by a provision of similar import reflecting the original intent of the parties to the extent permissible under applicable laws.

24. We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control such as, pandemics, epidemics, acts of God, civil war, embargoes, strikes, etc. This provision does not affect your statutory rights.

DIAGNOSTICS, PHARMACY & OTHER HEALTH PRODUCTS AND SERVICES PROVIDERS

TERMS OF USE

These Service Provider Terms of Use (these “Terms”) were last updated on: 14th Feb 2022.

When we say “our”, “us”, “we” or “Company” in these Terms, we mean MedoPlus Service Pvt. Ltd. or/and its subsidiaries, affiliates, and successors. When we say the “MedoPlus Platform” or “Platform” we mean the website – www.medoplus.in (“Website”) and the mobile application named “MedoPlus” (“App”). The terms “user”, “you”, “your” or “yours” refer to the diagnostics facility listed on the Platform, as well as its authorized representative, as applicable. These Terms govern your access and use of the Platform. Please ensure that you read these Terms carefully as they constitute a binding agreement between you and us.

Accessing, browsing, or otherwise using the Platform, or clicking “I AGREE”, “SUBMIT”, or the like (if provided) indicates your acceptance. This means that you have read, understood, and agreed to be bound by these Terms and to the collection and use of your information set out in our Privacy Policy and any other rules or policies available on the Platform, as amended from time to time (collectively referred to as “Policies”). The Policies are incorporated by reference into these Terms.

We may revise these Terms, our services, and update the Platform from time to time. Your continued use of the Platform following any modifications to the Terms will be deemed as acceptance of the modified Terms. For this reason, you should frequently review these Terms. If you do not agree with any part of these Terms, please stop using the Platform immediately.

1. ELIGIBILITY

In order to use or access the Platform, you must be competent to enter into a contract under applicable laws. You must be registered, enrolled, licensed and qualified to provide products and services as a diagnostic laboratory or radiology facility, or clinical establishment, or drugs or medical store, or as an establishment providing health related products or services either as a retailer or a distributor, as per applicable laws of India, depending on the services you would like to provide through the platform. You shall not be a part of any arrangement which will prevent you from conducting and reporting diagnostic tests, storing, and sale and delivery of prescription and over the counter medicines, other healthcare products, and any other products or services proposed to be stored and sold by you within the territory of India, or from offering your services on the Platform.

2. PRIVACY OF DATA

The Service Provider’ Privacy Policy provides the manner in which we store, process, collect, use and share the data that is collected from you. Please read it so you know your rights in this regard.

3. USING THE PLATFORM 

1. Signing up to use our Platform:  In order to use the Platform, you must create a user account (“User Account”) by providing us (i) the name, photo, address, phone number, date of birth, and gender of your authorized representative that is permitted to use the Platform on your behalf, and (ii) bank account details, IFS Code, UPI ID, PAN Card, GSTIN number, intended service offerings, Clinical Establishment related certifications as may be relevant, and days and dates on which you provide your services. You must also provide whether you or your facility has obtained appropriate certifications from the National Accreditation Board for Testing and Calibration Laboratories, National Accreditation Board for Hospitals and Healthcare Service Providers, under the Drugs and Cosmetics Act, 1940, and other Acts & Rules as may be applicable to you. Please note that we may requisition further information from you to authenticate your User Account, or to allow you to provide certain services, from time to time.

2. Once you create a User Account, you will be able to use the Platform to: (i) view upcoming bookings with patients, (ii) view past bookings with patients, (iii) take in “walk-in” bookings of customers registered with MedoPlus Platform, (iv) manage new booking requests, (v) contact the MITR or patient regarding the patient’s booking, (vi) cancel or reschedule a  booking with patients, (vii) record details of tests conducted, precautions if any, and expected date of results, healthcare products, or other products dispensed (viii) manage payments from patients, (ix) provide a service rate card or update an existing service rate card for the facility, (x) rate, make suggestions, or raise issues about the Platform, (xi) upload your invoice for services/products provided or sold and (xii) authenticate the patient’s arrival. You will be able to cancel or reschedule bookings up to 2 (two) days in advance via the Platform.

3. You will be responsible for maintaining the confidentiality of your User Account, password, and restricting access to your computer or mobile device, and you hereby accept responsibility for all the activities that occur on your User Account. You acknowledge that the information you provide does not infringe any third-party rights, including any privacy rights. If any of your health workers, allied health professionals, and other staff (collectively referred to as “Other Staff”) operate your User Account, we will presume that you have validly authorized and permitted them to do so. All actions made through your User Account will be deemed to have been made by you. You must, however, inform the concerned Patient that such Other Staff will have access to their information via your User Account on the Platform. You warrant that the Other Staff are qualified and registered in accordance with applicable law. 

4. Your ability to commence a booking, close a booking, and access patient prescriptions or any other health records or documents, will be subject to OTP authentication. If these actions are not OTP authenticated, then we will not deem any booking as being commenced, and accordingly refund any fees received by us for such booking. At the end of the booking, you must inform the patient of the date on which such test results, or products or services will be available for delivery, or pick-up, as the case may be. You must provide results as soon as possible & upload in MedoPlus App under patient id. You may also provide hard copies of reports & films as applicable as soon as available and upload the same on the Platform immediately. (“Patient(s)” or “patient(s)” shall mean any person who has made a booking with you via the Platform. “Diagnostic Test(s)” or “diagnostic test(s)” shall mean both laboratory test reports and radiology scans, films, and reports. “Product(s)” or “products(s)” shall mean any product or item sold. “Services” will mean any services provided).

5. If you know or have reasons to believe that the security of your User Account has been breached, you should report it on our Platform or contact our grievance officer immediately as per the contact information provided below in Section 17 (Grievance Officer). If we find a security breach or suspect a security breach of your User Account, we may require you to change your password, and/or temporarily or permanently block your User Account without incurring any liability. 

6. You must ensure that you keep updating the App as and when we release new versions of it. Failure to do so may make our services impacted or unavailable. 

7. You agree and acknowledge that the Platform is only an intermediary that you and the patient(s) utilize to meet and interact with one another for transactions. We are not and cannot be a party to or save as except as may be provided in these Terms, control in any manner, any transaction between you and the patient, or you and any other third-party service provider on the Platform.

4. FEES AND REFUNDS

8. You are entitled to receive a fee or payment for the Diagnostic Tests or products or services provided/supplied/sold by you (“HP Fees”), as may be agreed between you and us from time to time.

9. In consideration of being listed, you agree to pay us a service fee on a per booking basis, as may be agreed between you and us from time to time (“Service Fee”).  

10. The collection and payment of the HP Fees and Service Fee shall be governed by a separate agreement executed between you and us.

11. If a patient does not show up for a booking, such a booking shall be deemed to be cancelled and the refund shall be processed to the patient. Where such a booking was prepaid and the fee was paid to us or our affiliates, the refund shall be made by us as per our refund policy. Provided that, nothing in this Clause 4.4 (Fee and Refunds) shall apply if an appointment has commenced upon OTP authentication.  If diagnostic test could not get completed in spite of OTP authentication, whatever may be the reason, diagnostic centre will refund 100% charges to the patient in the same manner as received.

12. You acknowledge that you shall be responsible for payment of all taxes applicable on the provision of Diagnostic Tests or on sale of all products and services. You shall also be responsible for payment of all direct taxes applicable on your receipt of any portion of the HP Fees.    

5. SERVICE QUALIFIERS

13. We do not verify any of the patient’s health-related data and records or prescriptions made to them by consulting doctors and inputted or uploaded on the MedoPlus Platform either by the doctors, by diagnostic labs, by the patients themselves or by MITR on their behalf, or prescriptions that may be directly brought to you by any walk-in customers registered on MedoPlus Platform.

14. Your services and booking slots are displayed to Patients, basis our algorithmic sifting. We do not promote any service provider or their services on the Platform, and do not have any role in where you rank on the listing of service providers. Your ranking and listing may be influenced by the reviews and feedback received about you from your patients. In the event that your reviews are overwhelmingly negative or indicative of behaviour that maybe harmful to our goodwill, we may terminate your User Account without notice or liability.

15. The booking slots you provide on the Platform will not conflict with any appointments you otherwise accept from third parties, including walk-in bookings. You shall ensure that you remain available for providing services to the patients assigned to you by the Platform during the appointment slots listed by you on the Platform or otherwise confirmed by you.

16. You agree that any Patient with a MedoPlus ID, referred to you or walking in, shall be billed only through the Platform, and that all transactions with such Patients shall be registered on the Platform. Any circumvention of this or the Terms will lead us to termination of the partnership and all monetary liability arising under these Terms shall be your sole responsibility.  

17. We shall not and are not required to mediate or resolve any dispute or disagreement between you and the patient or you and any other service provider. Particularly, we do not implicitly or explicitly support or endorse the sale or purchase of any services on the Platform.

18. You acknowledge that we are a marketplace for patients to find and book Diagnostic Tests, purchase medicines or other health-related products or services at your facility. You acknowledge that we shall not be responsible for the conduct or accuracy of Diagnostic Tests, samples collected from the premises of patients, reports or scans generated, correctness, quality, quantity and price of any medicines or any other health-related products or services provided, supplied or sold by you.

19. You acknowledge that we have an independent contractor relationship and therefore in no event shall we be directly or vicariously liable for any advice or medical consultancy or any loss arising from the services rendered by you.

20. You shall promptly respond to the patient after receiving the patient’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by you, we shall have the right to deactivate you for the purpose of Diagnostic Tests for the patient, supply or sale of medicines and other health-related products, or any other products or services provided/supplied/sold by you.

21. Where you are providing any services including the collection of prescription, samples or conducting Diagnostic Tests at your facility, or providing collection of prescription or samples from a patient’s home, or outside of your facility, or interacting with the patients, you, your Other Staff, and your contracted employees, shall treat the patient with dignity, and with due respect for age, gender, and status of health. You, your Other Staff, and your contracted employees shall not behave, or speak in a way to make the patient feel uncomfortable during the sample collection. Such conduct, behaviour and speech, includes (but is not limited to) sexually coloured remarks, remarks that outrage the modesty of women, remarks on the patient’s physiology. You will indemnify us against harms or liabilities arising out of behaviour, conduct, or speech that makes the patient or their family, attendant, or caregiver, uncomfortable.

22. You shall not use any other platform other than the Platform for the purpose of interacting/communicating with patients registered with MedoPlus, MedoMITR, or the healthcare providers registered on the MedoPlus Platform, and any attempt by you to interact with the patients through any other external means of communication will amount to violation of these Terms.

23. You will not circumvent the limitations, prohibitions or obligations provided under these Terms. You will not do or attempt to do any action that may result in a loss of Service Fees to us, including but not limited to requiring Patients to terminate the booking or request to supply/sell medicines or other products to patients without due reason.

24. If your performance on the Platform is not compliant with applicable law or our internal policies and regulations (as maybe shared with you from time to time) or you are found to be misusing the Platform, we may terminate your User Account without notice or liability and withhold all payments due to you.

25. It is your responsibility to ensure that the information provided by you, and the tests, scans and, reports provided by you are accurate and not incomplete, and products or services are provided/supplied/sold by you as per the prescriptions or requests presented to you either through the MedoPlus Platform or directly by the patients. We shall not be liable for any errors in the information included in any communication between you and the patient.

26. You will not, whether directly or indirectly, solicit or attempt to solicit any patients, MITR, or induce the MITR or any patients to engage you independently from the Platform. In the event that any MITR or patients seek to engage you independently of the Platform, or off the Platform, then you will inform us of the same.

27. You shall ensure that utmost care shall be taken in providing Diagnostic Tests or selling the medicines or other products or services to patients. You shall ensure to use industry best practices and state-of-the-art quality devices for conducting the Diagnostic Tests, and that such devices are maintained in sterile and hygienic conditions, and for storing medicines or any other products in a manner that they do not lose any of their properties.

6. REPRESENTATIONS, WARRANTIES AND COVENANTS:

By using, browsing or accessing the Platform, you represent, warrant, and covenant that:

28. You have the valid right and permission to enter into this agreement with us. You are not prohibited by any contract or provision of law from entering into this agreement or dispensing the obligations provided hereunder. You have executed appropriate agreements with the Other Staff to ensure that they are bound by appropriate obligations of confidentiality and duty of care, and have the permission to share the information of the authorized representative under these Terms.

29. You have the necessary registrations, authorisations, permits and licenses to provide Diagnostic Tests and/or operate a clinical establishment or diagnostic facility, and store, sell, supply or distribute medicines, other healthcare products and any other products handled by you, and any services provided by you as per applicable laws/regulations/guidelines set out by competent authorities of India. Your continued use of the Platform will mean that you represent and warrant to us that you are competent to enter into a valid and binding contract under applicable laws, registered, licensed, and qualified to provide Diagnostic Tests, store, supply and sell the said products, and provide the services under the contract as per applicable laws, regulations, guidelines, and that you are not in any arrangement that prevents you from offering your services on the Platform.

30.  You shall at all times ensure that you follow all the applicable laws governing the provision of the services as provided under these Terms by you.

31. Any information you provide including registration details, contact details, visitation dates and timings as well as details of your authorized representative shall be true, complete, and accurate at all times. In the event of any change, you shall promptly notify us of such change and make appropriate changes to your User Account. You shall not use the User Account or the Platform while providing incorrect, false, inaccurate or incomplete information.  

32. Your provision of Diagnostic Tests or sale of medicines and other products, or other health services to patients creates a relationship between you and the patient. We are not responsible or liable for the actions or inactions of a patient in relation to you, your services or your dealings with the patient. You shall have the sole responsibility for any obligations or liabilities towards the patient or third-party service providers that arise from your provision of Diagnostic Tests, medicines and other products and services. You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper regarding any acts or omissions of a patient or a third-party service provider. Among other things, you should: (i) inform the patients that they should see a registered medical practitioner after getting the Diagnostic Test report to get an appropriate diagnosis and treatment plan, (ii) conditions of maintaining the hard copies of their Diagnostic Tests (e.g., temperature or lighting requirements), (iii) in case you are providing/selling a medicine or product of a different brand or nomenclature or if any product requested is not in stock, and (iv) to keep safe the prescription for any future use if it is not already uploaded/inputted on the MedoPlus Platform.

33. You shall act professionally with the patients and provide the Diagnostic Tests, whether the collection/tests take place at the patient’s premises (in case of pickup facility for sample collection) or yours, in accordance with industry standards and standard business practices.  

34. You shall upload and input the reports, scans, notes, and invoices and/or any other obligatory information on the Platform in the format mandated by the Platform and provide the physical reports and invoices to patients on booking completion and on timely delivery of products and services. 

35. You shall not cancel any bookings without informing the patients reasonably ahead of time and without good cause.  

36. You may directly or indirectly have access to patients’ health data (including images/video of their body), financial data, health reports and information, biometric and genetic information (collectively referred to as “Patient Information”).  You shall not use Patient Information, whether inputted or uploaded by you, other support staff, any other agency or facility, MITR, or the Patients themselves, for any other purpose except for the purpose of providing Diagnostic Tests, supplying/selling medicines or other products or services.

37. You shall ensure that Patient Information is processed according to applicable laws and industry best practices. You shall share Patient Information only with the express and informed consent of the patient that the information relates to, or as required by applicable laws.

38. You shall not make copies, use, share, or sell Patient Information, before and after terminating your usage of the Platform.

39. You will maintain records of any and all Diagnostic Tests, or transactions done for Patients, amounts paid by the Patient to you in person, and ensure that the booking or transaction fees are accurately recorded in the Platform. You will make appropriate remittances to us in time, as may be applicable.

7. LIMITED LICENSE

40. We grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Platform.

41. You do not have any permission to download, copy, install, reverse-engineer, or use the Platform, or information made available on the Platform for any other purpose without our prior written consent. All rights not expressly granted to you in these Terms are reserved and retained by us. We reserve the right, at our sole discretion and at any time, without notice, to terminate your license to use the Platform and prevent your future access of the Platform. 

42. You are allowed to provide reviews, suggestions and raise issues about the working and features of the Platform on the Platform strictly in accordance with the Terms. You represent and warrant that you have the right, title, and interest in and right to provide such reviews, suggestions or raise issues on the Platform in accordance with these Terms.

8. INTELLECTUAL PROPERTY

43. All rights, interest and title in the Platform, its layout, trademarks, copyrights, content, information, images, illustrations, graphics, video clips, text, databases, utility models, underlying technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, underlying codes, and algorithm, mask works, moral rights, trade secrets, database rights patent, rights of publicity, trademarks, service marks, logos and designs, data analysis, data models, data sets, formulae and processes, and any upgrades, fixes, improvements or modifications thereto (“Intellectual Property”), vests with us unconditionally and constitutes our exclusive Intellectual Property.

44. Prohibited use of Intellectual Property: You do not have the right to duplicate, distribute, create derivative works of, display, extract the source code of the Platform, translate the Platform, information, and content thereof, or commercially exploit our Intellectual Property directly or indirectly, without our prior written permission. In the event that you create any derivative works using our Intellectual Property without our explicit written permission, then we shall have all ownership and beneficial rights in such derivative work free of charge.

45. Marketing, Communication and Promotions: We may use your name, in conjunction with names of other service providers on the Platform to promote and market the Platform and the benefits from the use thereof.

9. PROHIBITED CONTENT

We reserve the right, in our sole and absolute discretion, to determine whether content posted on the Platform by you, patients, and third-party service providers (referred to as “User Content”) is appropriate and to remove any User Content, without notice to you, if we determine any User Content to be inappropriate. Without limiting the generality of the foregoing, the following is an indicative list of User Content that we deem inappropriate:

1. Content that belongs to another person and to which the uploader/poster does not have any right;
2. Content that is defamatory or libellous;
3. Content that is obscene, pornographic, paedophilic, disrespectful, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
4. Content that is harmful to a person below the age of 18 (eighteen) years;
5. Content that infringes any patent, trademark, copyright or other proprietary rights;
6. Content that violates any law for the time being in force;
7. Content that deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
8. Content that impersonates another person;
9. Content that 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 other nation;
10. Content that contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of the Platform;
11. Content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
12. Content that contains any abusive, or explicit language;
13. Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
14. Content that contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
15. Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to violating someone’s privacy;
16. Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
17. Content that solicits passwords or personally identifying information for commercial or unlawful purposes from other users.

10. RESTRICTION ON USE

46. You agree and undertake that by using the Platform that you shall not engage in or encourage or assist others to:

1. Post any Content that may amount to Prohibited Content as defined above;
2. Use the Platform or any content or information for any purpose or in any manner that is illegal or prohibited by these Terms or under any applicable laws; 
3. Use the Platform for any harmful or nefarious purpose; 
4. Use the Platform in order to cause any kind of damage to us in any form or manner whatsoever; 
5. Spam or defraud any user of the Platform or any potential user thereof;
6. Impersonate any person or entity on the Platform;
7. Be disrespectful or unkind while interacting or communicating with any of our representatives, including without limitation, our grievance officer;
8. Use the Platform or any content or information thereof in any manner that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contractual rights;
9. Use the Platform in any manner that may amount to hate speech, is threatening, sexually explicit or pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
10. Use the Platform in any manner that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
11. Solicit passwords for any purpose, or personal information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
12. Create another account if we have already terminated your account unless you have our permission;
13. Embed, re-publish, maintain and/or display any third-party websites/applications on any website or other internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally  or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content; 
14. Express or imply that any statements you make are endorsed by us.

47. If you do or attempt any such acts, we may terminate your use of the Platform. We may also report such actions to the appropriate law enforcement authorities and commence legal proceedings against you. 

11. THIRD-PARTY DATA AND ADVERTISING

48. We may use various third-party data, software, and/or services to host the Platform. Although we have appropriate agreements in place with these third parties, we do not accept any liabilities that may arise from our use of or reliance on such third-party data, software, or services. This means and includes any in-app video or audio-call features in the Platform.

49. We may display advertisements of third-party websites, products, services, and contents on our Platform. We are not responsible for the content of any third-party advertisements and sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to follow the link to any such third-party websites, you do so entirely at your own risk. We do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Platform. We shall not be responsible for the actions, content, products, or services of such third-party websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all third-party website pages and other websites that you visit via the Platform.

12. DISCLAIMERS

50. We are not liable for harms resulting from your diagnostic services, assessments, and reports, or from the use of any products supplied or sold by you, or from any services provided by you. This includes but is not limited to situations that result in patients coming to any harm (legal or medical), maiming, disability, injury, or death. You agree to indemnify us for harms and liabilities resulting from any inaccurate or incomplete reports, scans, films, faulty devices, and from supply or sale of any medicines or other products, and your actions or inactions.

51. All information made available on the Platform are for purely informational purposes.  The information shall not constitute and is not intended to be professional advice or services. We do not make any representation or assume any responsibility for the accuracy, completeness, appropriateness, or usefulness of any information posted on the Platform, including any information being provided by the Patient. Any reliance placed on the information provided on our Platform is solely at your own risk. Under no circumstances will we, our directors, investors, shareholders, employees, representatives, or affiliates be liable for such information or any consequences thereof.

52. You understand that usage of the Platform will require an active internet connection, which can be either Wi-Fi or provided by your mobile network provider. We will not be responsible for any loss in functionality if you do not have an active internet connection or for any charges you may incur for the usage of mobile data. Further, you need to ensure that your computer or mobile device has adequate charge as we will not be responsible if you run out of battery and consequently fail to access the Platform.

53. You agree to use the Platform at your own risk. The Platform, including any content, and any other information are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. We do not warrant the quality of the Platform, including its uninterrupted, timely, secure or error-free provision, or continued compatibility for your use; or that the Platform will be accurate, error free, reliable, and free of trojans, viruses, malware or other harmful components.

54. We are committed to ensuring that none of the information or content on the Platform violates the law or infringes third-party intellectual property rights. We are not an adjudicatory authority and cannot determine definitively whether any content violates the law or infringes third-party intellectual property rights. However, if you report any content to us, and if in our reasonable opinion the content so reported violates these Terms, then we will, within 2 (two) working days of making such a determination, take down such content, unless required to act sooner under any applicable law in which case we will take down such content as required under applicable law. Please note that we do not review every post and content being posted on the Platform and will review posts only when posts are brought to our attention by you.

55. You understand that we shall not be liable, under any event, for any comments or feedback given by any of the patients in relation to the services provided by you. The option of publishing or modifying or moderating or masking (where required by law or norm, etc.) the feedback provided by patients shall be solely at our discretion.

13. INDEMNIFICATION

You agree to defend, indemnify and hold harmless us as well as our affiliates and their respective investors, directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use and access to Platform; (ii) your violation of these Terms; (iii) your violation of any patient or third-party right; (iv) your breach of applicable laws; and, (v) any unauthorized, improper, illegal or wrongful use of your User Account by any person, including by a third-party, whether or not authorized or permitted by you.

14. LIMITATION OF LIABILITY

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from your use of the Platform or information provided, including, but not limited to, any errors or omissions in any content or information, or any loss or damage of any kind incurred as a result of the use of the Platform or any content or information thereof, even if advised of their possibility. Our total aggregate monetary liability arising under these Terms shall be limited to INR 1,00 at all times.

15. TERM AND TERMINATION 

56. These Terms will be effective until terminated by us or you.

57. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Platform; and/or (ii) terminate these Terms and your use of the Platform, with or without cause.

58. We may, without incurring any liability or penalty, remove your User Account as well as blacklist you from the Platform immediately if you use the Platform in contravention of these Terms or our Privacy Policy.

59. Where a patient refers a complaint or highlights an issue about the services provided by you, we reserve the right to suspend the use of your account, till the complaint or issue is investigated.

60. If you wish to terminate these Terms, and stop providing your services on the Platform, you may do us after contacting your relationship manager or writing to us at info@medoplus.in and provide us with a 30 (thirty) day notice period. You shall ensure that all pending pre-fixed appointments are serviced by you, before exiting the Platform.

61. Upon termination, you shall delete the App, and all Patient Information from your device(s), networks, and servers. You will also remit to us all amounts owed and payable to us within seven days.

16. ELECTRONIC COMMUNICATION

You consent to receiving communications from us electronically. This shall include notifications, promotions, advertisements, and other communications related to our Platform, information, and other services. We will communicate with you by SMS, e-mail, push notifications on your computer or mobile device, or by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes to any information provided by you to us, including your phone number, e-mail address, registration status with appropriate authorities, change in legal status, and other details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the Platform and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id. If we send any communication by SMS, it shall be sent to your phone number available on the records created by you on the Platform and it shall be deemed to have been received by you once it is reflected in your messages application. 

17. GRIEVANCE OFFICER 

If you have any complaints, grievances or questions related to the Platform, information, and other content and services (“Grievances”), please contact our grievance officer in the following manner:

E-mail: info@medoplus.in

Subject line: Email to the Grievance Officer

18. SURVIVAL 

Sections 6 (Representations, Warranties and Covenants), 12 (Disclaimers), 8 (Intellectual Property), 14 (Limitation of Liability), 13 (Indemnification), 15 (Term and Termination), 17 (Grievance Officer), 18 (Survival), and 19 (General Provisions) shall survive the efflux of time and the termination of these Terms. 

19. GENERAL PROVISIONS

62. These Terms and any action related thereto will be governed by the laws of the Republic of India. Any disputes arising out of or related to the Terms and/or Platform (collectively, “Dispute(s)”) shall be subject to the jurisdiction of the courts located in Delhi. Any and all Disputes shall be referred to and finally resolved by a mutually appointed sole arbitrator in accordance with the provisions for fast-track arbitration provided under the Arbitration and Conciliation Act 1996, including any amendment or modification thereto. The seat and venue of arbitration shall be Delhi. The language of the arbitration proceedings shall be English. Each party shall bear its own expenses and costs in relation to the arbitral proceedings, unless otherwise stated in the award.

63. You shall not assign or transfer any right or obligation that may have accrued to you under these Terms, and any attempt to do so shall be null and void. At our sole discretion, we may assign or transfer any right or obligation that has accrued in our favour, without any restriction.

64. Unless otherwise expressly stated, any delay in our exercising any rights or remedies arising out of these Terms shall not constitute a waiver of rights or remedies, and no single or partial exercise of any rights or remedies hereunder, shall prevent any further exercise of rights or remedies by us.

65. If any of these Terms is held to be illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any such provision held to be invalid, illegal, or unenforceable shall be substituted by a provision of similar import reflecting the original intent of the parties to the extent permissible under applicable laws.

66. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control such as, pandemics, epidemics, acts of God, civil war, embargoes, strikes, etc. This condition does not affect your statutory rights.

MITR TERMS OF USE

These MITR Terms of Use (these “Terms”) were last updated on: 15 May 2021.

When we say “our”, “us”, “we” or “Company” in these Terms, we mean MedoPlus Service Pvt. Ltd. or/and its subsidiaries, affiliates, and successors. When we say “MedoPlus Platform” or “Platform” we mean the website – www.medoplus.in  (“Website”) and the mobile application named “MedoPlus” (“App”) for MITR. These Terms govern the access and use of the Platform by the users (“MITR”, “your”, or “you”) intending to use the Platform to render the services via the Platform (“Services”) to such end customers (“Customer(s)”). Please ensure that you read these Terms carefully as they constitute a binding agreement between you and us.

Accessing, browsing, or otherwise using the Platform, or clicking “I AGREE”, “SUBMIT”, or the like (if provided) indicates your acceptance. This means that you have read, understood, and agreed to be bound by these Terms and to the collection and use of your information set out in our MITR Privacy Policy and any other rules or policies available on the Platform, as amended from time to time (collectively referred to as “Policies”). The Policies are incorporated by reference into these Terms. We may revise these Terms and Services and update the Platform from time to time. Your continued use of the Platform following any modifications to the Terms will be deemed as acceptance of the modified Terms. For this reason, you should frequently review these Terms. If you do not agree with any part of these Terms, please stop using the Platform immediately.

1. ELIGIBILITY

In order to use or access the Platform, you must be competent to enter into a contract under applicable laws. Your continued use of the Platform means that you represent and warrant to us that you are competent to enter into a valid and binding contract under applicable laws.

2. PRIVACY OF DATA

The MITR Privacy Policy provides the manner in which we store, process, collect, use and share the data that is collected from you.

3. USING THE PLATFORM 

1. You will be able to operate as MITR only after we issue you a certificate permitting you to provide the Services (“MedoPlus Certificate”). In order to become a MITR, you must first register on the Platform (“MedoPlus Account”) by providing us with your name, date of birth, gender, educational qualification, address, phone number, GST number (if applicable), bank details, uploading your photograph (in a manner required by us), PAN card and such other information as may be required and is mentioned in the Privacy Policy. If you are part of an entity such as a proprietorship or partnership firm, you have to provide the name of your entity and its main business. Once you provide us with the relevant information, we will authenticate your MedoPlus Account using a one-time password and require you to create a new password. Please note that we may requisition further information from you to accept your application and authorize you as a MITR.
2. We shall, within 15 days from the date on which you register on the Platform, process your request to become a MITR, enter into a binding agreement with you, and grant you a MedoPlus Certificate. Such notification will be made in-app and/or by SMS and/or email. In the event that you do not receive the MedoPlus Certificate from us within such timelines, then your application will be deemed rejected.  
3. Once you are approved as a MITR in accordance with Clause 3.2 above, you shall render the Services to the Customers in specific territories, as mentioned in your MedoPlus Certificate. However, you may render Services to a Customer located outside your territory, upon being contacted by such Customer. The booking of any appointments and services, cancellation of appointments and services, enabling of any payments, and viewing of any Customer profile shall be subject to OTP authentication by customer, and the Customers permitting such bookings, cancellations, payments, and viewing facilities on the Platform.
4. You will be responsible for maintaining the confidentiality of your MedoPlus Account, password, and restricting access to your computer or mobile device. You hereby accept responsibility for all the activities that occur on your MedoPlus Account. 
5. You acknowledge and accept that the information uploaded by you via the MedoPlus Account, including the information relating to Customers being uploaded by you, may contain personal information (including sensitive personal information), and you alone shall be responsible to secure such devices.
6. If you know or have reasons to believe that the security of your MedoPlus Account has been breached, you should report it on our Platform or contact our grievance officer immediately as per the contact information provided below in Section 16 (Grievance Officer) or inform your assigned MedoPlus Manager. If we find a security breach or suspected security breach of your MedoPlus Account, we may require you to change your password, and/or temporarily or permanently block your MedoPlus Account without us incurring any liability. 
7. You must ensure that you keep updating the App as and when we release new versions of it. Failure to do so may make you incapable of using our App. You acknowledge that we are not responsible for ensuring the compatibility of the Platform with your mobile device or laptop. You may, at your own cost, need to change your mobile device and/or laptop to ensure continued access to the Platform and providing the Services.

4. PAYMENT, CANCELLATION AND REFUND POLICY

1. In order to book any services from or appointments with any of the Third-Party Service Providers (as defined under these Terms), the Customers will remit the applicable fees listed for such service on the Platform, in full or in part, to you. These amounts may either be paid to you in cash, or by UPI transfer, or any such means. You must remit the entirety of such amounts paid to you to our designated bank account, as informed to you from time to time.
2.  The bank account details provided by you as part of your MedoPlus Account sign-up shall be the one in which service fee payments by MedoPlus to you and any refunds to be made to customers shall be credited. You undertake to maintain sufficient balance in your bank account linked to your UPI ID to ensure any payments made by customer to you are immediately transferred to MedoPlus through your UPI.  Any hindrance faced by any customer in booking of appointments and other services due to inadequate balance in your bank account will be viewed seriously by MedoPlus and MedoPlus shall be free to take any action it may deem fit.
3. In the event that any Customer cancels an appointment or service bookings made through you, provided that such appointment or booking has not been started, the Customer shall be entitled to receive a refund from you. We will remit the entirety of the fees paid by the Customer for such appointment or service bookings to your designated bank account within 21 (twenty-one) days from the date of cancellation.
4. Upon receipt of any refund amount from us, you shall immediately refund the received amount to the Customer not later than 2 (two) days from the date of credit of the refund amount from us in your bank account subject to the customer approaching you for refund. Denial by you to any customer for eligible refund of money, whatever may be the reason,  will  authorize MedoPlus to levy a penalty on you up to twice the refundable amount.
5. Service Fee : You shall be entitled to receive a service fee from us (“Service Fee”) for every appointment and service bookings actually initiated and paid for by the Customer through you. Such Service Fee shall be paid as per the policy of the company which might vary from time to time, and on discretion of company.  

5. OBLIGATIONS, UNDERTAKINGS AND WARRANTIES 

1. To onboard a Customer, you must obtain his/her explicit consent in the form and manner provided to you by us (“Consent Form”). You will, subsequent to obtaining such explicit consent, enter the name, date of birth, gender, address and phone number of the Customer, upload his/her photograph (in a manner required by us) and upload the Consent Form to create a separate, unique Customer account on the Platform (“Customer Account”). You will further provide the blood group, ID (such as PAN card, Ration card, driving license, voter ID), health insurance details, health data and records of the Customer on his/her profile if desired by the Customer. Once you provide us with the relevant information of the Customer, we will authenticate such Customer’s profile using a one-time password.
2. When you provide to us any information or document regarding a Customer including health data and records, post any rating or review on behalf of a Customer (“Customer Content”) or use the Platform or any Service on behalf of a Customer, you must obtain specific and explicit consent from such Customer to do so. In the event that you make any actions on behalf of the Customer on the Platform, we will assume that you had acquired the consent of the Customer to do so. We will not be liable for any misrepresentation, lack of consent, inaccurate content, or harm arising out of your use of the Platform or providing Services to a Customer. You agree to indemnify us from any liability resulting from such harms.
3. You agree and undertake that you shall:

1. Attend any training sessions conducted or organized by us for persons enrolled as a MITR.
2. Promote and create awareness among the public about the Platform and our services, using the information and materials provided by us.
3. Provide your contact details, office address, and timings for contacting you to the Customers, and make yourself available at such office address and timings.
4. Upload the health data and records of the Customers on the Customer Account created by you, if required by the Customer.
5. Upload only correct & legitimate records as provided by the customers. No fictitious records or pictures will be uploaded on the Platform.
6. Schedule, cancel and/or re-schedule appointments with doctors, hospitals and diagnostic labs (collectively “Third-Party Service Providers”) on behalf of the Customers.
7. Receive payments from the Customers and transfer them as per Section 4 (Payment, Cancellation and Refund Policy).
8. Educate customers that information provided on the Platform is to facilitate their healthcare journey and neither the Company nor the MITR is liable for any outcome arrived due to selection or a booking of a healthcare facility by the customer.
9. Relay any relevant communication you receive from us or the Third-Party Service Providers to the Customers;
10. Add ratings and reviews for doctors, hospitals, diagnostic labs, ambulance rides, blood banks and pharmacies only as per the instructions of the Customers, upon the usage of such services by the Customer.
11. Not endorse any service provider above the others listed on our Platform and shall not induce the Customers in any manner to select a particular service provider.
12. Not act in a manner which may tarnish the reputation or goodwill of the Company or the Platform.
13. Not dispense any information to a Customer which may be construed as medical advice or diagnosis under the applicable laws.
14. Not accept or solicit any commission, discount, or similar payment in connection with the Services from any Third-Party Service Providers or the Customers.
15. Not engage in any business or professional activities which would conflict with your obligations under these Terms.
16. Keep safe, secure and confidential and protect from unauthorized access, loss or damage to all documents, data and information of any nature provided to you by the Customers. The data, information and documents provided by a Customer to you is the property of such Customer.
17. Not access or attempt to access any Customer data or Customer Content without the explicit request from the Customer to do so.
18. Not store, copy, publish, print, interfere, tamper with or manipulate the documents, data and information received from the Customers, other than required for using the Platform.
19. Not give access to your MedoPlus Account to any person, unless directed by us.
20. Use the Platform and carry out your obligations hereunder with all due diligence, efficiency, in accordance with generally accepted professional standards and practices.
21. Comply with all applicable laws, and any of our internal policies (as shared with you from time to time) at all times.

1. You represent and warrant that:

1. you have the full right, power, and authority to enter into and be bound by these Terms and to perform the obligations under this Agreement, without the approval or consent of any other party.
2. you will not violate any other obligations under contract or law by agreeing to these Terms.
3. Any information provided by you under these Terms or on our Platform is complete, true, and accurate. You have not withheld any material information that may influence our decision to approve or reject your application to be enlisted as a MITR.

6. LIMITED LICENSE

1. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform.
2. You do not have any permission to download, copy, install, reverse-engineer, or use the Platform, or information made available on the Platform for any other purpose without our prior written consent. All rights not expressly granted to you in these Terms are reserved and retained by us. We reserve the right, at our sole discretion and at any time, without notice, to terminate your license to use the Platform and prevent your future access to the Platform. 

7. INTELLECTUAL PROPERTY

1. All rights, interest, and title in the Platform, its layout, trademarks, copyrights, content, information, images, illustrations, graphics, video clips, text, databases, utility models, underlying technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, underlying codes and algorithm, mask works, moral rights, trade secrets, database rights patent, rights of publicity, trademarks, service marks, logos and designs, data analysis, data models, data sets, formulae and processes, and any upgrades, fixes, improvements or modifications thereto (“Intellectual Property”), vests with us unconditionally and constitutes our exclusive Intellectual Property.
2. Prohibited use of Intellectual Property: You do not have the right to duplicate, distribute, create derivative works of, display, extract the source code of the Platform, translate the Platform, information, and content thereof, or commercially exploit our Intellectual Property directly or indirectly, without our prior written permission. In the event that you create any derivative works using our Intellectual Property without our explicit written permission then we shall have all ownership and beneficial rights in such derivative work free of charge.
3. We will have the perpetual, worldwide, royalty-free license to use your name and likeness as part of our marketing and publicity material.

8. PROHIBITED CONTENT

1. We reserve the right, in our sole and absolute discretion, to determine whether to remove any Customer Content, without notice to you, if we determine any Customer Content to be inappropriate. Without limiting the generality of the foregoing, the following is an indicative list of Customer Content that we deem inappropriate:

18. Content that belongs to another person and to which you do not have any right;
19. Content that is defamatory or libellous;
20. Content that is obscene, pornographic, paedophilic, disrespectful, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
21. Content that is harmful to a person below the age of 18 years;
22. Content that infringes any patent, trademark, copyright or other proprietary rights;
23. Content that violates any law for the time being in force;
24. Content that deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
25. Content that impersonates another person;
26. Content that 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 other nation;
27. Content that contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of the Platform;
28. Content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
29. Content that contains any abusive, or explicit language;
30. Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
31. Content that contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
32. Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to violating someone’s privacy;
33. Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
34. Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other users.

1. In the event that any Customer Content posted by you is found to be in violation of these Terms or another person’s intellectual property or any other rights in any manner, then you alone shall be absolutely and solely liable for such violation and no liability shall be laid down on the Company for the same.

9. RESTRICTION ON USE

1. You agree and undertake that by using the Platform that you shall not engage in or encourage or assist others to:

15. Post any content that may amount to Prohibited Content as defined in Clause 8 (Prohibited Content) above;
16. Use the Platform or any content or information for any purpose or in any manner that is illegal or prohibited by these Terms or under any applicable laws; 
17. Use the Platform for any harmful or nefarious purpose; 
18. Use the Platform in order to cause any kind of damage to us in any form or manner whatsoever; 
19. Spam or defraud any users of the Platform or any potential users thereof;
20. Impersonate any person or entity on the Platform;
21. Be disrespectful or unkind while interacting or communicating with any of our users, representatives, including without limitation, our grievance officer;
22. Use the Platform or any content or information thereof in any manner that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contractual rights;
23. Use the Platform in any manner that may amount to hate speech, threatening, sexually explicit or pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
24. Use the Platform in any manner that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
25. Solicit passwords for any purpose, or personal information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
26. Create another account if we have already terminated your account unless you have our permission;
27. Embed, re-publish, maintain and/or display any third-party websites/applications on any website or other internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally  or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content; 
28. Express or imply that any statements you make, in violation of these Terms, are endorsed by us.

1. If you do or attempt any such acts, we may terminate your use of the Platform. We may also report such actions to the appropriate law enforcement authorities and commence legal proceedings against you. 

10. THIRD-PARTY DATA AND ADVERTISING

1. We may use various third-party data, software, and/or services to host the Platform. Although we have appropriate agreements in place with these third parties, we do not accept any liabilities that may arise from our use of/reliance on such third-party data, software, or services. You agree and accept that certain portions of the Platform may be unavailable for your usage or for providing Services from time to time, despite our best efforts.
2. We may display advertisements of third-party websites, products, services, and contents on our Platform. We are not responsible for the content of any third-party advertisements and sites and do not make any representations regarding the content or accuracy of material on such sites. We do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Platform. We shall not be responsible for the actions, content, products, or services of such third-party websites, including, without limitation, their privacy policies and terms and conditions.

11. DISCLAIMERS

1. All information made available on the Platform is for purely informational purposes only.  The information shall not constitute and is not intended to be professional advice or services. We do not make any representation or assume any responsibility for the accuracy, completeness, appropriateness, or usefulness of any information posted on the Platform. Under no circumstances will we, our directors, investors, shareholders, employees, representatives, or affiliates be liable for such information or any consequences thereof.
2. You understand that usage of the Platform will require an active & stable internet connection, which can be either Wi-Fi or provided by your mobile network provider. You shall ensure that you have an active & stable internet connection and that your computer or mobile device has adequate charge while accessing the Platform or providing the Services. You shall bear any charges you may incur for the usage of mobile data.
3. You agree to use the Platform at your own risk. The Platform is provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. We do not warrant the quality of the Platform, including its uninterrupted, timely, secure or error-free provision, or continued compatibility for your use; or that the Platform will be accurate, error-free, reliable, free of trojans, viruses, malware or other harmful components.
4. We are committed to ensuring that none of the information or content or services on the Platform violates the law or infringes third-party intellectual property rights. We are not an adjudicatory authority and cannot determine definitively whether any content violates the law or infringes third-party intellectual property rights. However, if you report any content or actions to us, and if in our reasonable opinion the content so reported violates these Terms, then we will, within 2 (two) working days of making such a determination, take down such content, unless required to act sooner under any applicable law in which case we will take down such content as required under applicable law. 

12. INDEMNIFICATION

You agree to defend, indemnify and hold harmless us as well as our affiliates and their respective investors, directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (a) your use and access to Platform; (b) your violation of these Terms; (c) your violation of any third-party right; (d) your breach of applicable laws; and/or (e) any unauthorized, improper, illegal or wrongful use of your MedoPlus Account by any person, including by a third-party, whether or not authorized or permitted by you.

13. LIMITATION OF LIABILITY

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from your use of the Platform or information provided, including, but not limited to, any errors or omissions in any content or information, or any loss or damage of any kind incurred as a result of the use of the Platform or any content or information thereof, even if advised of their possibility. Our total aggregate monetary liability arising under these Terms shall be limited to INR 100 (Rupees One Hundred only)..

14. TERM AND TERMINATION 

1. These Terms will be effective until terminated by us or you.
2. You may terminate these Terms by giving us prior written notice of 30 (thirty) days in accordance with these Terms.
3. We reserve the right, at any time, to: (a) discontinue or modify any aspect of the Platform; and/or (b) terminate these Terms and your use of the Platform with or without cause. The cause may include non-achievement of targets set by us for onboarding Customers or your relocation outside the assigned territory.
4. We may, without incurring any liability or penalty, remove your MedoPlus Account as well as blacklist you from the Platform immediately if you use the Platform in contravention of these Terms or the MITR Privacy Policy.
5. If these Terms are terminated by you or us without cause, we shall remit the Service Fee accrued in favour of you within 20 (twenty) days from the date of termination. If these Terms are terminated for a cause or as per Section 14.4 (Term and Termination), you agree to and forever waive, release and forego any and all claims against us including any unpaid Service Fee. You further agree that any previous Service Fee payable but not paid to you may be used to set off any claims arising pursuant to these Terms by us.
6. Upon termination of these Terms, you shall promptly cease to access or use the Platform as a MITR and return or destroy any data, information or documents (and any copies thereof) collected from the Customers or the Platform and any property, materials and equipment provided by the Company to you, as per our instructions.

15. ELECTRONIC COMMUNICATION

You consent to receive communications from us electronically. This shall include notifications, promotions, advertisements, and other communications related to our Platform, information, and other services. We will communicate with you by SMS, e-mail, push notifications on your computer or mobile device, or by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes to any information provided by you to us, including your phone number, e-mail address, and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the Platform and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id.  If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the Platform and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id. If we send any communication by SMS, it shall be sent to your phone number available on the records created by you on the Platform and it shall be deemed to have been received by you once it is reflected in your messages application. 

16. GRIEVANCE OFFICER 

If you have any complaints, grievances or questions related to the Platform, information, and other content and services (“Grievances”), please contact our grievance officer in the following manner:

E-mail: info@medoplus.in 

Subject line: Email to the Grievance Officer

17. SURVIVAL 

Sections 5.3 (Obligations, Undertakings and Warranties), 7 (Intellectual Property), 12 (Indemnification), 13 (Limitation of Liability), 14 (Term and Termination), 16 (Grievance Officer), 17 (Survival), and 18 (General Provisions) shall survive the efflux of time and the termination of these Terms. 

18. GENERAL PROVISIONS

1. These Terms and any action related thereto will be governed by the laws of the Republic of India. Any disputes arising out of or related to the Terms and/or Platform (collectively, “Dispute(s)”) shall be subject to the jurisdiction of the courts located in Delhi. Any and all Disputes shall be referred to and finally resolved by a mutually appointed sole arbitrator in accordance with the provisions for fast-track arbitration provided under the Arbitration and Conciliation Act 1996, including any amendment or modification thereto. The seat and venue of arbitration shall be Delhi. The language of the arbitration proceedings shall be English. Each party shall bear its own expenses and costs in relation to the arbitral proceedings unless otherwise stated in the award.
2. You shall not assign or transfer any right or obligation that may have accrued to you under these Terms, and any attempt to do so shall be null and void. At our sole discretion, we may assign or transfer any right or obligation that has accrued in our favour, without any restriction.
3. Unless otherwise expressly stated, any delay in our exercising any rights or remedies arising out of these Terms shall not constitute a waiver of rights or remedies, and no single or partial exercise of any rights or remedies hereunder shall prevent any further exercise of rights or remedies by us.
4. If any of these Terms is held to be illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any such provision held to be invalid, illegal, or unenforceable shall be substituted by a provision of similar import reflecting the original intent of the parties to the extent permissible under applicable laws.
5. We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control such as, pandemics, epidemics, acts of God, civil war, embargoes, strikes, etc. This condition does not affect your statutory rights.
6. You agree that you are an independent contractor and nothing in this Agreement shall be deemed to create any relationship of employment, joint venture, partnership, and/or an agency relationship between us. You shall not represent to any Customers or third parties that you are an employee of MedoPlus or authorized to speak on behalf of MedoPlus, except as permitted under these Terms.
7. You shall be responsible for the payment of all taxes in connection with the Service Fee paid to you by us under these Terms.