The Users may freely browse through the Portal, however in order to avail the Services, Users would be required to register on the Portal. By accessing the Portal, registering or any other means of usage herein, the User shall be deemed to have read and agreed to these terms of Agreement without requiring any other express, implied or other consent requirement in writing or otherwise.
The below mentioned Services are facilitated by MediPocket and/or made available for Users of Platform. The Services are governed by the terms mentioned below in addition to the other terms of the Agreement and as such shall not deem to have an overriding effect over the other terms of the Agreement and shall not be interpreted in derogation to the other terms of this Agreement.
- PRIVATE & SECURE HEALTH SERVICE
- User may use this service to manage all medical cases, appointments, and other medical records and map a digital overview of User’s medical journey. User agrees that by usage of this Service, Portal may receive User’s medical records including User’s diagnostic & other lab reports and doctor prescriptions from both Third Party Service Providers and/or directly from the User(s).
- The accuracy, integrity and the completeness of the information depend on the information provided by User or the User authorized Third Party Service Provider. Portal is merely a facilitator communicating or storing information and does not in any manner alter the information uploaded. MediPocket shall in no event be liable for any losses or injuries suffered by User or arising out of any actions or omissions made by User or any other person including a Third Party Service Provider relying on the information provided.
- CONSULTATION SERVICES
- The Portal facilitates video/tele/e-consultation services by providing User access to and enabling interaction with Medical Experts from across the globe.
- While We take reasonable efforts to ensure that relevant information of Medical Experts such as their specialization, qualification, area of practice, experience, fees, location, visiting hours, etc. provided under the Consultation Service is accurate and updated at frequent intervals, we shall not be liable for any inaccuracies or incompleteness of such information or any direct or indirect losses or injuries caused on account of such inaccuracies or incompleteness.
- We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work/advice or expertise of the Medical Experts providing Consultation Services and shall in no event be liable for any claims pertaining to malpractice, negligence, deficiency of services on the part of the Medical Expert.
- The Consultation Service is provided for medical ailments, disorder, diseases etc. which do not require any physical intervention of a Medical Expert or which do not constitute a medical emergency such as accidents, bleeding injuries, burns, sexual abuse/assault etc. In case You require the physical attention or care of a Medical Expert or are suffering a Medical emergency, You are urged not to use the Consultation Services. The use of the Consultation Services shall be at Your own judgement and perception, we shall not be, directly or indirectly, liable for any lapse Your judgement which may result in any injury or loss, nor shall we be liable for the use of the Consultation Services in contravention of the terms mentioned in this Agreement.
- Consultation Service is provided at the express consent by the User and the same shall not be construed as a replacement for physical consultation and are meant for general consultation only
- If on availing of Consultation Service on Portal, User has been recommended to undergo any diagnostic tests or is issued a Prescription, the same are provided based on the information and preliminary examination, hence, the same shall not be treated as accurate, final and conclusive.
- Any prescriptions made by the Medical Expert basis the Consultation Services shall be at sole discretion of the Medical Expert and such Medical Expert shall be solely responsible for making such prescription. MediPocket does not endorse any prescription nor does it deal in medical drugs. The use of any medical drugs prescribed by the Medical Expert during the Consultation Service may be taken at the User’s own discretion and sole responsibility.
- By availing Consultation Services, User provides its consent to MediPocket for recording, saving and storing for record purposes all such Consultation Services availed through the Portal by User in the event such records are required to be produced as evidence on the direction of a court of law. MediPocket may review such data from time to time for quality evaluation purposes. However, under normal circumstances, MediPocket will not access any information that identifies a User and shall either omit, mask or anonymize User’s personal information at the time of quality evaluation.
- SELF ASSESSMENT TOOLS / SYMPTOM CHECKER
- Portal provides Users artificial intelligence based self-medical assessment tools and symptom checker which pursuant to the information provided by User or made available to us based on the Information provided by You, aids in the diagnosis of disease, illness, disorder or other medical condition.
- The recommendations of the self-assessment tools and symptom checker is meant only for providing recommendations to the User on the possible diseases, disorders, illnesses etc. that is possibly based on the information on the symptoms provided by the User. The said recommendations are not to be taken as a substitute for proper medical professional attention or consultation.
- Owing to the complexity of medical-cases and the inherent limitation of technology, MediPocket does not in any manner, directly or indirectly, assure or guarantee the detection of any underlying diseases, disorders, illnesses etc., nor shall MediPocket be liable for the omission of any possible result.
- Remedial suggestions, if any, made on the basis of the self-assessment report are not medical advice and do not act as prescription for medicinal drugs that are prescribed by a registered practitioner.
The User hereby represents and warrants that you:
- are at least 18 (Eighteen) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Agreement;
- have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, as far as age, jurisdiction, laws of land, etc. are concerned; and
- are not impersonating any other person and are using your actual identity;
- agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Portal including Services.
- TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Services or are a User on the Portal. MediPocket may terminate your use of/access to the Portal or the Services (either case, in whole or part), in its sole discretion, at any time, without warning or notice to you.
- REGISTRATION, USER PROFILE & PROVISION OF SERVICES
- Users will have an option to register with Portal and create a personal profile on the Portal (“User Profile”), which may enable them to access additional sections on our Portal to and avail other Services. By accessing and/or completing the online registration process on the Portal and by creating a User Profile, User confirms its acceptance of Agreement. MediPocket may, at its sole and absolute discretion, refuse to accept registration applications for the registration and creation of a User Profile.
- To create a User Profile, you may either:
- Acknowledge and Agree that you may be required to give information about yourself for your User Profile verification. In order to complete your User Profile, you will be required to inter alia provide your full name, email address, gender, mobile number(s), date of birth, current city/place of residence etc. Any information provided by you to us should be complete and accurate to the best of your knowledge. We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us.
- You understand that it is your responsibility to protect certain information relating to your usage of the Portal including, but not limited to, your username, password, email address, contact details, mobile number and OTP, if any. You are responsible for maintaining the confidentiality of the password and User Profile, and are fully responsible for all activities that occur under your password or User Profile
- By creating an account, you agree to
- receive certain communications in connection with Portal or Services including from or on behalf of the Third Party Service Providers; and
- receive Service related notifications in the form of SMS, email or mobile notifications.
- MediPocket reserves the right to charge subscription and/or membership fees from a User(s), by giving reasonable prior notice, in respect of any product, service or any other aspect of the Portal anytime in future. The Services may be subject to certain limitations, such as, limits on disk storage space and, other limitations dependent on the Third Party Service Provider’s engagement with MediPocket.
- MediPocket, Portal, the software, or the software application store that makes the software available for download on a device may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Portal or Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us shall be considered part of the Services.
- User acknowledges and agrees that (a) Services may be subject to certain limitations, such as, limits on disk storage space and, other limitations dependent on the Third Party Service Provider’s engagement with MediPocket. The Services may be subject to certain limitations, such as, limits on disk storage space and, other limitations dependent on the Third Party Service Provider’s engagement with MediPocket; and (b) if MediPocket disables access to User account, User may be prevented from accessing the Portal or Services and that such User account details or any files or other content, which may be contained in such User account. MediPocket also reserves the right to deactivate the User account in case of any foul, abusive, inappropriate language used in any functionality including reviews, comments, interaction with MediPocket’s and/or Third Party Service Provider’s stakeholders.
- USER CONTENT
- For provision of Services, MediPocket may allow the User to upload their existing medical records, maintain repository of reports received from Third Party Service Provider, text, files, images, photos, video, or any other materials and to inter alia enable the User to provide Third Party Service Provider rating/ feedback etc. (collectively, “User Content”).
- The User and/or Third Party Service Providers undertake to share or allow sharing of User Content with MediPocket at their own risk. MediPocket reserves the right to retain such information for the purpose of providing Services to the Users.
- MediPocket reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate; and to remove any User Content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that MediPocket deems to be inappropriate:
- Content belonging to another person and to which a User does not have any right to;
- Content that infringes intellectual property of any party;
- Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- Content that includes racially, ethically, or otherwise objectionable language;
- Content that is libelous, defamatory, or otherwise tortious language;
- Content that contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; and
- Content that involves commercial activities and/or sales without MediPocket’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
- USER GUIDELINES
- You shall, directly or indirectly through third parties, not: (a) make and/or distribute copies of the Portal; (b) attempt to copy, reproduce, alter, modify and/or reverse engineer the Portal; and/or (c) create derivative works of Portal.
- You accept that any and all operations emanating from your device shall be assumed to have been initiated by you.
- You shall request MediPocket to disable your account and change the password immediately for the account, if your device (wherein Portal account may be signed in) has been lost or stolen.
- You are responsible for any and all activities that occur in your account. You agree to notify MediPocket immediately in the event of an unauthorized use of a User account or any other form of security breach. MediPocket shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform MediPocket, within a reasonable time, about loss or theft of your device and/or any unauthorized access in your account, either with or without your knowledge. Further, you shall not use any other person’s account at any time, without an express prior written permission of the concerned account holder and MediPocket.
- You shall be liable for losses incurred by MediPocket or any other party duet a third party’s use of your account.
- You shall ensure that, while using the functions and features of the Portal, all applicable laws, rules and regulations shall, at all times, be strictly complied with by you. MediPocket shall not be liable in any manner whatsoever for default of any nature by you.
- You agree that the Portal may be linked to the websites of third parties, affiliates and business partners and that MediPocket has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Portal. Inclusion of any link on the Portal does not imply that MediPocket endorses the linked website. Other Parties may use the links and these services at their own risk.
- User agrees that certain Services on the Portal may require payment of fees such as consultation fees. MediPocket and/or Third Party Service Provider, as the case may be, reserve the right to revise Service charges at any time, at their sole discretion. The charge, applicable at any given time, will be the charge displayed at the time of using the respective Service.
- INTELLECTUAL PROPERTY
- You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to MediPocket, Third Party Service Provider or others (including without limitation unlicensed third party content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information.
- If MediPocket becomes aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that User. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide us with relevant documentary and other evidence and we will be happy to take corrective action accordingly.
- USER-THIRD PARTY SERVICE PROVIDER DISPUTES
- Users are solely responsible for their interactions with Third Party Service Providers. MediPocket reserves the right, but has no obligation, to monitor disputes between you, other Users and/or Third Party Service Providers and to immediately terminate the privileges of any User.
- Portal, for provision of Services facilitates between the User and Third Party Service Provider and no associations or interactions that happen between the User and Third Party Service Provider is the responsibility of MediPocket. Accordingly, MediPocket shall not be responsible for the quality of the services rendered and the products supplied or payment due therefor. The same shall be availed of/rendered or procured/supplied on terms mutually agreed between the concerned User and Third Party Service Provider. In the event of any claims arising on account thereof, the sole remedy shall be against the concerned User and/or Third Party Service Provider and not MediPocket
- DISCLAIMER OF WARRANTIES
- Without limiting the generality of the foregoing, MediPocket makes no warranty and will not be liable, in any manner whatsoever, for claims pertaining to malpractice, negligence, deficiency of Services on the part of Third Party Service Provider and/or such other claims pertaining to, including, without limitation: (a) quality, authenticity and availability of the services and products; (b) delay in performance/delivery or non-performance/delivery of the services and products availed/procured; (c)injury, death and/or side effects caused due to the services and products availed/procured; (d) non-maintenance or any loss of any User Content(including health and medical records); (e) insurance and other related services.
- You accept and acknowledge that MediPocket does not verify any content or information provided by or obtained from either the Users or Third Party Service Providers, and to fullest extent permitted by applicable law(s),disclaims all liability arising out of the Other Parties’ use or reliance upon the Portal, the Services, data and reports by Third Party Service Providers, representations and warranties made by the other parties on the Portal or any opinion or suggestion given or expressed by MediPocket or any Third Party Service Provider in relation to any Services provided by MediPocket.
- MediPocket is not responsible for the conduct, whether online or offline, of any User of the Services or Third Party Service Provider. MediPocket assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any User Content or MediPocket Content or data from any Third Party Service Provider.
- Under no circumstances shall MediPocket be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any User Content or MediPocket Content posted on or through the Services, or from the conduct of any Users of the Services or Third Party Service Provider, whether online or offline. MediPocket cannot guarantee and does not promise any specific results from use of the Services.
- This Portal is controlled and operated from India and MediPocket makes nonrepresentation that the content, information or materials made available herein are appropriate or will be available for use in other locations. Access and use of this Portal from outside India is entirely at your sole risk and you agree and undertake to be responsible for compliance with all applicable local laws and agree to release, discharge and absolve the MediPocket Parties from any liability or loss in this respect.
- MediPocket reserves the right to introduce and initiate new features, functionalities and components to the Portal and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, MediPocket is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Portal without any prior notice to you.
- DISPUTES AND GOVERNING LAW
- In case of any dispute concerning or involving the Services, you agree that the dispute shall be governed by the laws of India and the Courts of New Delhi shall have exclusive jurisdiction to adjudicate all disputes.
- FORCE MAJEURE
MediPocket and/or a User will not be in default, if its/his/her failure to perform any obligations hereunder (other than any payment obligation) is caused by supervening conditions beyond that party’s reasonable control, including without limitation acts of God, civil commotion, strikes, labor disputes, internet service interruptions or slowdowns, vandalism or hacker attacks, or governmental demands or requirements.
- INFRINGEMENT NOTIFICATION
- a clear identification of the allegedly prohibited/unlawful/abusive material on the Portal (with specific URL reference);
- your contact details: name, address, e-mail address and phone number;
- in case of an alleged violation of proprietary rights (including copyright, trade-mark or privacy rights), a statement that you believe, in good faith, that use of proprietary material allegedly infringed on Portal is not authorized by you or your agent or law;
- a statement that you believe, in good faith, that such material is prohibited/unlawful/abusive; and
- A statement that the information provided in the notice is accurate, and under penalty of perjury and that the signatory is authorized to act on your behalf.
- LIMITATION OF LIABILITY
- IN NO EVENT SHALL MEDIPOCKET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF USE, DATA OR PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, OR ANY OTHER INTANGIBLE LOSSES, EVEN IF YOU OR ANY THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,MEDIPOCKET’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MEDIPOCKET (IN THE FORM OF COMMISSION AS MARKETPLACE) FOR THE SERVICES DURING THE TERM OFYOUR USE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT MEDIPOCKET SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- INFORMATION GATHERED AND TRACKED
- MediPocket may disclose or transfer User Content to its affiliates including in other countries, and you hereby consent to such transfer. In line with applicable laws, MediPocket is permitted only to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by MediPocket, only if such transfer is necessary for the performance of the lawful contract between MediPocket or any person on its behalf and the user or where the User has consented to data transfer.
- SERVICE LEVELS
- WAIVER AND SEVERABILITY OF TERMS
The failure of MediPocket to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
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