Terms & condition

Ashoksudha Mediconist Private Limited ("Mediconist"), primarily operates, controls and manages the Services (as defined below) provided by it from its registered office at H. No. 412, S-2, Second Floor, Sector-3, Vasundhara, Ghaziabad, Uttar Pradesh - 201012 ("Registered Office").

Please read these Terms and Conditions ("Terms", "Terms of Use") carefully before using the website http://www. mediconist.com and the Mediconist Mobile Application (the Website and mobile application together referred to as "Websites" and individually a "Website") operated by Mediconist ("us", "we", or "our").

These Terms and the Privacy Policy together constitute a legal agreement ("Agreement") between those users of the Websites who are offering services (each, a "Service Professional") and those users of the Websites who are obtaining services (each, a "Service User") through the Websites (such services collectively referred to as "Services").

For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a user of the Websites.

"Agreement" shall mean and refer to this Terms of Use, including any amendments that may be incorporated into it and the Terms of Use, and other Policies available on our Websites.

"Third Party" shall mean and refer to any individual(s), company or entity apart from the User and Mediconist.

By accepting the Terms of Use or by registering yourself with the us or by providing Your Personal Information to avail our Services or by using the features provided by the Websites, you irrevocably accept all the obligations stipulated in these Terms of Use and agree to abide by them and also give your consent to the collection, storage, processing, disclosure and transfer of Your Information in accordance with the provisions of this Privacy Policy. Accessing the Website through any medium, including but not limited to mobile phones, smart phones and tablets, are also subjected to these Terms of Use. Your use of Our Websites is evidence that You have read and agreed to be contractually bound by these Terms of Use and our Privacy Policy.

We reserve the right to modify or terminate any portion of the Websites or the Services offered by us for any reason and at any time and such modifications shall be informed to you in writing. To make sure you are aware of any changes, please review these Terms of Use periodically.

If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

PRIVACY POLICY

Mediconist has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy.

REGISTRATION

•  Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. To fully avail the services of the Websites and use it, you must download the app from the 'Google Playstore AND Apps Store', and verify your phone number.

•  Your receipt of Services is subject to verification by Us of Your identity and credentials as a Service Professional and to Your ongoing qualification as such. As part of the registration process and at any time thereafter, You may be required to provide Us with various information such as Your Photo Id, Your medical registration details (as recognized by the Medical Council of India and Your State Medical Council), Your qualifications and other information in order to prove that You are a valid Service Professional in the field that You claim.

•  We may also make enquiries from third parties to verify the authenticity of Your Credential Information. You authorize Us to make such enquiries from such third parties, and You agree to hold them and Us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate Your access to or use of the System and Services at any time if We are unable at any time to determine or verify Your Credential Information.

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

INERMEDIATION

•  We provide a platform that Patients and Service Professionals utilize to meet and interact with one another for their transactions. We act as aggregators who display to the End User / Patients the Service Professionals best suited to their needs, based on the Content provided to us / updated on the Website / updated on the Mobile Application, or applications built on it, by Service Professionals and End Users, including without limitation Content relating to area of Service Professional area of specialization, expertise, experience, availability, and geographic location. We do not involved in providing any healthcare or medical advice or diagnosis and hence are not responsible for any outcome between you and the patient or the doctor you interact with. If you decide to engage with a doctor to provide medical services to you, you do so at your own risk. The results of any search you perform on the Websites for doctors should not be construed as endorsement by this Website of any such particular doctor. Similarly, provision of access to any Service professional or doctor on the basis of your specific request, should also not be construed as endorsement by this Website of any such particular doctor.

•  We shall not be responsible for any breach of service or service deficiency by any doctor or healthcare provider. We cannot assure that all transactions will be completed nor do we guarantee the ability or intent of doctors or other health care providers to fulfil their obligations in any transaction.

INFORMATION REQUIRED

•  We may collect various personal information from You when You use the Websites and or the features provided by the Websites.

•  You may have the option of uploading your health / medical information on the Websites in order to enable your doctor access your previous medical history.

•  By uploading / sharing / disclosing your medical information on the Websites, you hereby give your consent to Us to store such health / medical information on our servers. Our Privacy Policy available at http://mediconist.com such personal information.

COMMUNICATIONS

•  After your registration as a User on the Website, you will receive SMS messages from us on your registered mobile number and it will be deemed that You have consented to receiving telephonic calls, SMSs and/or emails from us and other Users.

•  All the communications shall be sent to You on the telephone number and/or email id provided by You for the use of Websites which are subject to our Privacy Policy.

•  After booking of your appointment with Service Professionals we may send you booking confirmation, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS, Chat, or by voice call on the contact number provided by You at the time of making the appointment.

•  This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls.

TERMS FOR SERVICE USERS

•  We collect and display on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. We make a regular effort to ensure that such information is updated at frequent intervals. We display all the information and photos submitted by the Service Professionals so we cannot be held liable for any inaccuracies or incompleteness displayed on the Websites.

•  The Services provided by Us or Service Professionals are provided on an "as is" and "as available' basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non- infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). We do not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services.

•  We enable Users to connect with Service Professionals through booking an appointment through the Website. We will ensure Users are provided confirmed appointment. In case the appointment is cancelled by any Service Professional, then we will reschedule your appointment by providing you appointment with other Service Professional which will be subject to your approval.

•  Users are allowed to pay fees through two methods: a) Online payment in which payment will be made by using the payment options available on our Websites and payment will be generated to customer, b) Cash payment in which payment will be made directly to the Service Professional after taking the Services by User and payment bill will be generated by the Service Professional.

•  After booking an appointment and taking service of any Service Professional if the User takes another appointment with the same Service Professional within 10 days of booking first appointment, through our website in that case no separate fees will be charged.

•  Users will receive a feedback call after completion of their Service. They are allowed to provide feedback about their experiences with the Service Professional, however, the User shall ensure that, the same is provided in accordance with applicable law.

•  If you cancel your appointment or reschedule it after thirty (30) minutes of booking an appointment or fail to show to the Service Professionals in that case no refund will be allowed. Refund will be made through account transfers only into the Bank account details of which are provided by the User to Us.

•  In case of emergency we will provide you appointment of Service Professional within one (1) hour of your booking but for that fifty percent extra consultancy fees will be charged.

TERMS FOR SERVICE PROFESSIONALS

•  We collect information regarding the Service Professionals' profiles, contact details, and practice and reserve the right to take down any Professional’s profile as well as the right to display the profile of Service Professional.

•  You will be able to register yourself on our Websites by giving your personal information without any cost. But for receiving User’s queries you shall be required to pay us a security amount of rupees thousand which will be refundable after three months from the date you start using our Services or after termination of your Services with Us, whichever is later.

•  If any information displayed on the Websites in connection with you and your profile is found to be incorrect, you shall inform us immediately to enable us to make the necessary amendments.

•  When you are listed on Mediconist.com, End-Users may see a 'show number' option. When End-Users choose this option, they choose to call your number through a free telephony service provided by Us, and the records of such calls are recorded and stored in our servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided by us should be used only for appointment and booking purposes, and not for consultation on health-related issues.

•  The Service Professional should keep their status updated as "Available" or "Unavailable|" on our Websites.

•  The Service Professional shall reply and confirm their availability or unavailability to the User within 15 minutes after receiving User’s communication. In case the Service Professional is unable to respond within 30 minutes of the communication then the lead will be cancelled and charges will be imposed of the Service Professional.

•  The Security amount shall be refunded within 15 working days of from the date on which it will be approved by us; and the approval will given by us in 7 working days from the date on which you will give us intimation of your intention to terminate the agreement.

•  Additional conditions for Technnicians:-

(a)  You shall personally visit to the patient's premises on the appointed date;

(b)  Fees can either be paid by the User at once i.e. at the time of booking the appointment or it can be paid separately by the Used at the time when service is completed.

•  The Service Professionals shall be liable to provide us an incentive of twenty percent of their consultation fees charged by them from every patient which shall be exclusive of GST @ 18% as charged by the Government. The GST has to be charged separately.

•  The Service Professionals shall be liable to make monthly payment to us. Payment shall be made by the 7th of the next month.

LIMITATION OF LIABILITY

The Company, in no event, including but not limited to negligence, shall be liable to you or any other person or entity for any direct, indirect, special, incidental, consequential, exemplary or punitive damages including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to: The use or the inability to use the Website and / or Services; or The cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained through the Website and/or Services The cost of procurement of substitute goods and services resulting from any messages received or transactions entered into through the Website and / or Services; or Unauthorized access to or alteration of your transmissions or data; or Any other matter relating to the Website and / or services.

DISCLAIMERS

•  We do not support any Practitioners displayed / made available through the Websites. We do not endorse any Service Professional's services.

•  We do not assumes any liability for the repercussions of using the application for the purpose of transmitting User’s medical / personal data to any other User, including without limitation, loss of data, failure to boot, or other errors in the working of the device on to which the application has been downloaded.

•  We expressly disclaim any liability for the consequences to you arising because of your use of the system or the services.

•  We are not responsible for unauthorized access to your, data, facilities or equipment by individuals or entities using the system or for unauthorized access to, alteration, theft. Corruption, loss or destruction of your, data files, programs, procedures, or information through the system, whether by accident, fraudulent means or devices, or any other means.

•  We do not warrant that your use of the system and the services under these terms will not violate any law or regulation applicable to you.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us, Our and their affiliates, officers, directors, and agents, from and against any claim, cost or liability, including reasonable attorneys' fees, arising out of: (a) the use of the Services; (b) any breach by You of any representations, warranties or agreements contained in these Terms ; (c) the actions of any person gaining access to the System under a User ID assigned to You; (d) the actions of anyone using a User ID, password or other unique identifier assigned to You that adversely affects the System or any information accessed through the System.

WARRANTIES AND REPRESENTATION

By the use of this website it is warranted by you that:-

•  You are 18 years of age or older and that Your use of the Website shall not violate any applicable law or regulation;

•  All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;

•  You will use the Website solely for Your personal and non-commercial use as a Registered or Non-Registered User. Any use of this Website or its content other than for personal purposes is prohibited.

•  The Websites and / or services will be used in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion.

•  You will not delete or modify any content of the Websites including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;

•  You will not decompile, reverse engineer, or disassemble the content;

•  You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet.

•  You hereby indemnify, defend, and hold us, our distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Websites.

•  Any material downloaded or otherwise obtained through the Website and / or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.

You will not:

(a)  Use the Service available on the Website for commercial purposes of any kind; or

(b)  Use the Website and/or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion.

(c)  Post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component.

(d)  Impair or damage the Websites and / or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Websites and/or the Services.

TERMINATION AND SUSPENSION

•  Services can be terminated by You or by Us by giving thirty (30) days prior written notice.

•  We can suspend or terminate your access to the Websites and the Services with or without notice in cases where you breach any terms and conditions of the Agreement or any violation is reported by any third of any of its right as a result of your use of the Services.

•  After termination your use of the Services will be ceased while your profile will be listed in our websites as per the details provided by You.

•  Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access to the Website.

INTELLECTUAL PROPERTY RIGHTS

•  All information, content, services and software displayed on, transmitted through, or used in connection with the Application, including for example text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "App Content"), as well as its selection and arrangement, is owned by Us.

•  These Terms or the Agreement do not and shall not transfer any ownership or proprietary interest in the System to You, except as may be otherwise expressly provided in these Terms or as may be agreed to by and between Us and You.

•  We reserve the right to all intellectual property rights in and title to the System, the present or future modifications / upgradations thereof and standard enhancements thereto.

ARBITRATION

•  Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or to your use of the Websites or the Services or information to which it gives access, shall be determined by arbitration in India, before a single arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be New Delhi, India.

•  All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with Clause 11(a).

SEVERABILITY

•  Any part, provision, representation or warranty of this Agreement which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any part, provision, representation or warranty of this Agreement which is prohibited or unenforceable or is held to be void or unenforceable in any jurisdiction shall be ineffective, as to such jurisdiction, to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.

WAIVER

•  No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Us. Any consent by Us to, or a waiver by Us of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.