Medvice Plus

Medvice Plus - Healthcare Benefit Provider in Chandigarh
8360279967
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Terms and Conditions

Last Updated: 12/12/2023

Definitions

  • Application/App/Website: Means a mobile/tablet or website software product owned and developed by Medvice Plus.
  • Code of Ethics: Code of Ethics shall mean the Code of Ethics (Professional Conduct, Etiquette and Ethics) prescribed by the Central/State Regulatory Authority of the respective systems of medicine.
  • Health Care Professional: A Health Care Professional (hereinafter referred to as HCP) shall mean any medical practitioner, practising in Modern Medicine, Allopathy, Homeopathy, Unani, Ayurveda or any other recognised health care profession, who is registered with the Union and/or State regulatory or licensing body of the respective system of medicine and is availing the services of the App.
  • Usage rights: The App provides User with the rights to use the App based on User Subscription as well as acceptance of this Terms of Use by You.
  • Parties: Parties shall mean the Users, HCP and the App.
  • Terms of Use: Agreement (to be used interchangeably)
  • Third-Party: Third Party shall mean any person who is not a party to the Terms of Use, but shall not include any person for whom the services are availed by the User.
  • User: A User shall mean any natural or legal person, who is competent to enter into a contract as per the Indian Contract Act, 1872, who uses the Application/App, with or without registration, to avail the services offered, for himself or herself and/or for any other person.
  • For the Purposes of this clause, the terms “We” (shall refer to the APP) and the term “you” (shall refer to the User).

Code of Conduct

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

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

Enforcement

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

Nature of Service & Limitations

No Doctor-Patient Relationship between Us

  • We do not practice medicine and do not provide medical consultation. We merely provide a technology platform and infrastructure that enables you to connect with participating medical practitioners listed on the Service and to use the messaging or communication facilities of the Service that are designed to enable you to communicate with others (‘Communication Tools”) to consult with a medical practitioner recommended to you.
  • Medical practitioners listed on the Service have signed / accepted contracts with us and represented to us that they are duly qualified to practice medicine in India and are enrolled on the Medical Register in one of the States in India. While we make reasonable enquiries to confirm the veracity of this representation made to us by the medical practitioners, we shall not be responsible for any misrepresentation or fraud in this regard. We do not recommend or endorse any medical practitioners or make any representations or warranties with respect to the quality of the medical services a medical practitioner may provide to you.
  • The use of the Service does not create a doctor/patient relationship between you and us. All medical consultation shall be provided to you by the concerned medical practitioner directly and as such, the medical practitioner you consult with shall be solely responsible for compliance with all requirements applicable to his or her professional services provided to you and liable to you for all medical consultation, medical advice, diagnosis or treatment recommended or provided to you. We shall not be responsible or liable for any defect or deficiency in the medical consultation, diagnosis or treatment recommended to you by any medical practitioner.
  • Any diet plans or advice or information that may be provided on or through the Service is for information only, does not constitute a medical opinion or advice or a diagnosis or treatment and is not a substitute for professional medical advice, diagnosis or treatment.
  • We are not responsible for the accuracy of the results of any Self – Assessment Tests made available as part the Service. These tests are solely for information purposes to suggest probable risks to users having a particular health issue and the results of the tests do not constitute a medical opinion or diagnosis. You should consult a medical professional before acting on the results of any such tests.

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

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

Limitations of Online Consultation and Informed Consent

  • When you seek consultation with any medical practitioner using the Communication Tools made available through the Service, you understand the limitations and potential risk of online consultations, including but not limited to the inability to carry out a physical examination or other extensive investigations; delays or failure arising from the disruption of communication devices or Communication Tools; the insufficient quality of information transmitted online, lack of access to your medical records or medical history amongst others and the inherent risks of breach of privacy associated with sharing your sensitive personal information or medical information through the Communication Tools. You take full responsibility for ensuring that any information you submit is complete and accurate and understand that the medical practitioner relies solely on information provided by you. We shall not be responsible for any errors in transmission or for the corruption or compromise of any information communicated over telecommunication services. Therefore, before sharing any information or acting on any information or advice offered to you by or through the Service, you should confirm that you have understood and accept the associated limitations and risks and agree that you are not using the Service as a substitute for consultation with your primary care physician.
  • The transmission, storage, and/or retrieval of data and information and the provision of the Service through the internet are subject to a variety of factors beyond our reasonable control, including any interruption or unavailability of third-party telecommunication services used to host / provide the Service. In no event will we be liable for any failure or interruption of the Service, including without limitation those failures or interruptions resulting in part or entirely from circumstances beyond our reasonable control.
  • Without prejudice to the above, a medical practitioner may, in his or her sole discretion and professional judgment, determine that the online consultations through the Service are not appropriate for some or all of your needs and, accordingly, may elect not to provide services to you through the Service.

No Sale or Offer to Sell Drugs / Medicines

  • We do not distribute, sell, stock, exhibit or offer for sale any drugs or medicinal preparations and merely allow you to use the functionality offered by the Service to transmit orders for drugs / medicinal preparations to third-party pharmacies through us and pay for your purchases through us. If you are the customer of a third-party online pharmacy that has in turn referred you to one of our participating medical practitioners for a consultation, you hereby consent and authorize the concerned medical practitioner and us to share the details of your prescription (including the details of your medical diagnosis) with the third-party online pharmacy to enable the pharmacy to fulfill your order. You understand and agree that the third-party pharmacy has sole responsibility for fulfilling your order and we shall not be responsible or liable for the acts or omissions of such third-party pharmacy in this regard.

Confidentiality & Privacy Policy

  • We are committed to protecting the privacy of your personal information. We will not disclose your personal information to third parties without your consent.
  • We may use your personal information to send you information about our services or promotional material about our services. We will give you the opportunity to opt out of receiving such information.
  • We may be required by law to disclose information you provide to us for the purpose of obtaining medical consultations through the Communication Tools to law enforcement agencies, government agencies or health authorities. By using the Service, you acknowledge and agree that we may disclose information about you to such entities if we believe in good faith that we are required to do so for legal reasons, to prevent harm or injury to others or in response to a court order.

Intellectual Property

  • We own or have the license to use all intellectual property rights in the Service and the Content, including, without limitation, all trademarks, trade names, logos, patent rights, copyrights, trade secrets, designs, domain names, know-how, databases, data collections, inventions, inventions whether or not the subject of a patent application, website design, text, graphics, software, photographs, video, music, sound, and their selection and arrangement (‘Intellectual Property’).
  • Except as expressly provided in these Terms of Use, no part of the Service or the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

User Content

  • By submitting, uploading or displaying content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed).
  • You agree that this license includes the right for us to provide, promote, and improve the Service and to make User Content submitted to or through the Service available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such User Content on other media and services, subject to our terms and conditions for such content use. If you have any rights to the User Content that cannot be licensed to us (such as moral rights in some countries), you hereby waive those rights to the extent permitted by applicable law.
  • You understand that when using the Service, you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect to such User Content.
  • You agree that we may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any User Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Parties or the public.

Restrictions on Use of the Service

You agree that you will not:

  • violate any applicable laws or regulations in connection with your use of the Service;
  • use or access the Service to collect any market research for a competing business;
  • engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service), or the activities of any medical practitioner on the Service;
  • reproduce, duplicate, copy, sell, trade or resell the Service for any purpose;
  • access the Service by any means other than through the interfaces provided by us for use in accessing the Service;
  • sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Service or any portion of it to any third party.

Termination

We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.

Dispute Resolution

The Parties shall attempt to resolve any dispute arising out of or relating to this Agreement through negotiations between senior executives of the Parties, who have authority to settle the same.

Governing Law

These Terms of Use shall be governed by the laws of India.

Arbitration

Any dispute arising under this Agreement shall be resolved through arbitration under the provisions of the Arbitration and Conciliation Act, 1996.

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