Terms and Conditions
Last update: October 22, 2021
Medify Nexus Private Limited, under the brand “Medify” (“Medify”), is the author and publisher of the internet resource https://www.medify.net and the Android and iOS Applications “Medify” (together, “Website”). Medify owns and operates the services provided through the Website.
1. Nature And Applicability Of Terms
- The Agreement applies to you whether you are –
- A medical practitioner or healthcare provider (whether an individual, professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Doctor(s)”, “you” or “User”)
- A patient, his/her representatives or affiliates, searching for Doctors and Pharmacies through the Website (“you”, “Patient(s)” or “User(s)”);
- A pharmacy or pharmacist (whether an individual, professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such pharmacies or institutions (“Pharmacy(s)”, “you” or “User”)
- Otherwise a user of the Website (“you” or “User”).
- This Agreement applies to those services made available by Medify on the Website, which are offered free of charge to the Users (“Services”), including but not limited to the following:
- For Doctors: Listing of their profiles and contact details, to be made available to the Pharmacies, Users and administrators of the Website; listing of Patients connected to them, and their profiles, vitals, medical history and contact details; listing of Pharmacies, their profiles, contact details, inventory details and offers available, with the facility to connect to any Pharmacy; listing and details of all consultations given out to Patients in a chronological order; reviews received from Patients and Pharmacies, as well as those given to Pharmacies; messages sent to and received from Patients and Pharmacies.
- For Patients: Facility to maintain all their medical history in a chronological order, which encompasses those entries which they have added themselves, as well as those added by connected Doctors; listing of Doctors, their profiles and contact details, with the facility to connect to any Doctor; listing of Pharmacies, their profiles, contact details, inventory details and offers available, with the facility to connect to any Pharmacy; listing and details of orders placed to connected Pharmacies; messages sent to and received from Doctors and Pharmacies, reviews given to Doctors and Pharmacies; listing of their profiles and contact details, to be made available to the Pharmacies, Doctors and administrators of the Website;
- For Pharmacies: Listing of their profiles and contact details, along with their inventory management details and offers provided, to be made available to the Doctors, Users and administrators of the Website; listing of Patients who have placed orders to them, and their profiles, vitals, medical history and contact details; listing of Doctors who have connected to them, their profiles and contact details; reviews received from Patients and Doctors, as well as those given to Doctors; messages sent to and received from Patients and Doctors; listing and details of all orders received and delivered to Patients;
- The Agreement is published in compliance with, and is governed by the provisions of Indian law, including but not limited to:
- the Indian Contract Act, 1872,
- the (Indian) Information Technology Act, 2000, and
- the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
2. Conditions Of Use
- You must be 18 years of age or older to register, use the Services, or visit or use the Website. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Medify that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
- Patients under 18 years of age wishing to use the Services available through the Website, must have their accounts maintained by their authorised and legal representatives or affiliates who are above 18 years of age, in compliance with this Agreement. Any unauthorised access by such Patients, whether or not the legal representatives or affiliates are in the know of it, will be considered as a violation of this Agreement, and could result in the permanent termination of Services and expulsion of the account from the Website, if Medify were to deem it necessary.
3.1 ACCOUNT AND DATA PRIVACY
3.1.2 Medify may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Medify’s services and to build new services.
3.1.3 The Website allows Medify to have access to all registered Users’ personal emails or phone numbers, for communication purpose so as to provide Users with better Services and also assisting them in any way necessary.
3.1.4 In the event that the User is facing any difficulties in the Registration, OTP verification, or Profile Verification process on the Website, or has registered under the wrong User Category (Doctor, Pharmacy or Patient), Medify may assist the User in converting, activating or verifying his or her respective account. Any information provided by the User for such purposes will be utilised in this process and Medify shall not be responsible in any manner for the authenticity of such information, which may include but not limit to the User’s Full Name, Mobile Number, Email ID and Residential/Professional Address. Any false or inaccurate information displayed on the Website, or used for communication, must be immediately brought to the notice of Medify via Email on firstname.lastname@example.org or through any other means listed under the Contact Us section on the Website.
- The type of information collected from Users, including sensitive personal data or information;
- The purpose, means and modes of usage of such information;
- How and to whom Medify will disclose such information; and,
- Other information mandated by the SPI Rules.
- the fact that certain information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- the nature of collection and retention of the information; and
- the name and address of the agency that is collecting the information and the agency that will retain the information; and
- the various rights available to such Users in respect of such information.
3.1.7 Medify shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Medify or to any other person acting on behalf of Medify.
3.1.8 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Medify of any actual or suspected unauthorized use of the User’s account or password. Although Medify will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Medify or such other parties as the case may be, due to any unauthorized use of your account.
3.1.9 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Medify has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Medify has the right to discontinue the Services to the User at its sole discretion.
3.1.10 Medify may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.2 RELEVANCE ALGORITHM
Medify’s relevance algorithm for the Doctors and Pharmacies is a fully automated system that lists these Users, their profile and information regarding their medical services on its Website. These listings do not represent any fixed objective ranking or endorsement by Medify. Medify will not be liable for any change in the relevance of the Doctors and Pharmacies on search results, which may take place from time to time. The listing will be based on automated computation of the various factors including inputs made by the Users, including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Medify in no event will be held responsible for the accuracy and the relevancy of the listing order of the Doctors and Pharmacies on the Website.
3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1 Medify collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and medical services of the Doctors and Pharmacies listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details for Doctors, and location, inventory, offers, hours of operation, delivery options and similar details for Pharmacies. Medify takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Medify screens and vets the information and photos submitted by the Doctors and Pharmacies, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.3.2 The Services provided by Medify or any of its licensors or service providers 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). Medify does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Medify does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Medify disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Medify or any User in relation to any User or services provided by such User.
3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. Medify has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Medify endorses the linked site. Users may use the links and these services at User’s own risk.
3.3.4 Medify assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
3.3.5 If Medify determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Medify reserves the right to immediately suspend your access to the Website or any of your accounts with Medify and makes such declaration on the website alongside your name as determined by Medify for the protection of its business and in the interests of Users. You shall be liable to indemnify Medify for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Medify or its Users.
3.4 NO MEDICAL PROFESSIONAL-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
3.4.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Medify and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified medical professional.
3.4.2 It is hereby expressly clarified that, the Information that you obtain or receive from Medify, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
3.4.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
3.5 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.5.1 The contents listed on the Website are (i) User generated content, or (ii) belong to Medify. The information that is collected by Medify directly or indirectly from the Users, Pharmacies and the Doctors, shall belong to Medify. Copying of the copyrighted content published by Medify on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Medify reserves its rights under applicable law accordingly.
3.5.2 Medify authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “Medify Content”), are the property of Medify and are protected under copyright, trademark and other laws. User shall not modify the Medify Content or reproduce, display, publicly perform, distribute, or otherwise use the Medify Content in any way for any public or commercial purpose or for personal gain.
3.5.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.6 REVIEWS AND FEEDBACK
- Obtaining feedback in relation to Website or Medify’s services; and/or
- Obtaining feedback in relation to any Users listed on the Website; and/or
- Resolving any complaints, information, or queries by other Users regarding your Critical Content; and you agree to provide your fullest co-operation further to such communication by Medify.
- User-created: Information uploaded by you or information generated during your interaction with Medify ecosystem, eg: records uploaded yourself, prescriptions used for ordering medicines etc.
3.7.1 Your MEDICAL HISTORY is only created after you have signed up and explicitly accepted these Terms.
3.7.2 Any Doctor created MEDICAL HISTORY is provided on an as-is basis at the sole intent, risk and responsibility of the Doctor and Medify does not validate the said information and makes no representation in connection therewith. You should contact the relevant Doctor in case you wish to point out any discrepancies or add, delete, or modify the MEDICAL HISTORY in any manner.
3.7.3 The MEDICAL HISTORY is provided on an as-is basis. While we strive to maintain the highest levels of service availability, Medify is not liable for any interruption that may be caused to your access of the Services.
3.7.4 It is your responsibility to keep your correct mobile number and email ID updated in the MEDICAL HISTORY. Every time you change any contact information (mobile or email), we will carry out a verification of these details. Medify is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Medify.
3.7.5 Medify uses industry–level security and encryption to your MEDICAL HISTORY. However, Medify does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Medify of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to email@example.com.
3.7.6 If you access your dependents’ MEDICAL HISTORY and other relevant information by registering your dependents on Medify, you are deemed to be responsible for the MEDICAL HISTORY and all other information of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual MEDICAL HISTORY and other information. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Medify assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Medify and its officers against any such claim or liability arising out of unauthorized use of such information.
3.7.7 In case you want to delete your MEDICAL HISTORY, you can do so by contacting our service support team. However only your account and any associated MEDICAL HISTORY will be deleted, and your MEDICAL HISTORY stored by your Doctors and Pharmacies will continue to be stored in their respective accounts. You can choose to Hide certain entries in your MEDICAL HISTORY to prevent Doctors and Pharmacies from viewing certain entries which you would like to restrict access to. However, if these entries are already present in a Doctor’s or Pharmacy’s account, they cannot be hidden by you.
3.7.8 You may lose your “User created” MEDICAL HISTORY entry, if the data is not synced with the server.
3.7.9 If the MEDICAL HISTORY is unassessed for a stipulated time, you may not be able to access your MEDICAL HISTORY due to security reasons.
3.7.10 Medify is not liable if for any reason, MEDICAL HISTORY are not delivered to you or are delivered late despite its best efforts.
3.7.11 The MEDICAL HISTORY are shared with the phone numbers that are provided by your Doctors. Medify is not responsible for adding the MEDICAL HISTORY with incorrect numbers if those incorrect numbers are provided by the Doctors.
3.7.12 Medify is not responsible or liable for any content, fact, terminology, medical deduction or the language used in your Health MEDICAL HISTORY whatsoever. Your Doctor is solely responsible and liable for your MEDICAL HISTORY that is not “User created” and any information provided to us including but not limited to the content in them.
3.7.13 Medify has the ability in its sole discretion to retract MEDICAL HISTORY without any prior notice if they are found to be shared incorrectly or inadvertently.
3.7.14 Medify will follow the law of land in case of any constitutional court or jurisdiction mandates to share the MEDICAL HISTORY for any reason.
3.7.15 You agree and acknowledge that Medify may need to access the MEDICAL HISTORY for cases such as any technical or operational issue of the User in access or ownership of the MEDICAL HISTORY.
3.7.16 You acknowledge that the Doctors you are visiting or consulting or Pharmacies you are ordering from may engage Medify’s software or third party software for the purposes of the functioning of the Doctor’s and Pharmacy’s business and Medify’s services including but not limited to the usage and for storage of MEDICAL HISTORY in India and outside India, in accordance with the applicable laws.
3.7.17 To the extent that your MEDICAL HISTORY has been shared with Medify or stored on any of the Medify products used by Doctors you are visiting and Pharmacies you are ordering from, and may in the past have obtained Services from, You hereby agree to the storage of your MEDICAL HISTORY by Medify pertaining to such Services who have tie ups with Medify for the purposes of their business and for Medify’s services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Medify, to the mapping of such Records as may be available in Medify’s database to your User account.
3.8 ORDERS, OFFERS AND INVENTORY
3.8.1 All orders placed to a Pharmacy must solely be the responsibility of the respective Pharmacy, in terms of acceptance, performance, delivery and fulfilment. Medify shall not be liable for any damages or losses incurred to the Patient with respect to any order placed to a Pharmacy. It is tasked upon the Patient to provide the Pharmacy with all the requisite and authentic information to enable the Pharmacy to fulfil the order. The acceptance/rejection of any Service made by a Pharmacy cannot be disputed by a Patient unless he or she believes a case of malpractice or violation of any law or this Agreement arises out of the Pharmacy’s decision. Any issues with regards to the fulfilment of the delivery, the timeline to be followed, the bill, payment and delivery details, or any other Order related issue must be directly taken up with the Pharmacy by the Patient. Medify is not liable for any cancellation, delivery, payment or order fulfilment issues, which may include but not limit to delayed delivery, untimely cancellation of order, inability to fulfil order or complete the requisite payment. The responsibility for these issues is bestowed upon the respective Patient and Pharmacy, and all issues pertaining to the order must be resolved amongst themselves.
3.8.2 Any offer/scheme displayed to the Patients and Doctors on the profile page of the Pharmacy is the sole responsibility of the Pharmacy. Medify is not liable for any issues arising out of any offers displayed by a Pharmacy. The authenticity, expiration, updation, legal compliance and fulfilment of any offer is the sole responsibility of the respective Pharmacy, and Medify cannot be deemed liable or responsible for any issues arising out of the aforementioned points.
3.8.3 Medify makes constant efforts to update it’s list of medicines available to the Pharmacies for displaying their inventory details. Medify is not liable for any claims arising out of the details mentioned on any Pharmacy’s inventory page. The updation and authenticity of the information provided in a Pharmacy’s inventory is the sole responsibility of the Pharmacy, and any damages being incurred to a Patient or Pharmacy due to such displayed information is not the responsibility of Medify.
3.8.4 Medify, at it’s sole discretion, can suspend, or permanently terminate the access of any Patient’s account to the Medify platform, based on any reports of misuse, misinformation or any violations of this Agreement. Medify cannot be deemed liable for any claims in pertinence to an account’s suspension or termination.
- The terms in this Clause 4 are applicable only to Doctors and Pharmacies (“Medical Providers”).
- Medify, directly and indirectly, collects information regarding the Medical Providers’ profiles, contact details, and the respective medical services provided. Medify reserves the right to take down any Medical Provider’s profile as well as the right to display the profile of the Medical Provider, with or without notice to the concerned Medical Provider. This information is collected for the purpose of facilitating interaction with the Patients and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Medify immediately to enable Medify to make the necessary amendments.
- Medify shall not be liable and responsible for the ranking of the Medical Providers on external websites and search engines.
- Medify reserves the right to moderate the suggestions made by the Medical Providers through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Medify shall not be liable if any inactive, inaccurate, fraudulent, or non – existent profiles of Medical Providers are added to the Website.
- Medical Providers explicitly agree that Medify reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
- You as a Medical Provider hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Medify accepts no liability for the same.
Medify ensures easy access to the Medical Providers by providing a tool to update your profile information. Medify reserves the right of ownership of all the Medical Providers profile and photographs and to moderate the changes or updates requested by Medical Providers. However, Medify takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Medify’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Medify may modify or delete parts of your profile information at its sole discretion with or without notice to you.
- All Critical Content is content created by the Users of the Website and the clients of Medify, Patients, Customers and Medical Providers, including all Users. As a platform, Medify does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of Medify and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. Medify’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
- Medify reserves the right to collect feedback and Critical Content for all the Medical Providers, Clinics and Pharmacies listed on the Website.
- Medify shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
- You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Medify shall not be liable for any effect on Medical Provider’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Medify however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.
- Medify will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable Mutatis Mutandis in relation to Critical Content posted on the Website.
- If Medify determines that you have provided inaccurate information or enabled fraudulent feedback, Medify reserves the right to immediately suspend any of your accounts with Medify and makes such declaration on the website alongside your name as determined by Medify for the protection of its business and in the interests of Users.
Medify has designed the relevance algorithm in the best interest of the Users and may adjust the relevance algorithm from time to time to improve the quality of the results given to the Patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Medical Providers. Medify shall not be liable for any effect on the Medical Provider’s business interests due to the change in the Relevance Algorithm.4.5. INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Medify.4.6. MEDICAL PROVIDER UNDERTAKING
The Medical Provider is and shall be duly registered, licensed and qualified to practice medicine/ provide healthcare, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Medical Provider shall not be part of any arrangement which will prohibit him/her from practicing medicine/providing healthcare within the territory of India. The Medical Provider shall at all times ensure that all the applicable laws that govern the Medical Provider shall be followed and utmost care shall be taken in the services being rendered.4.7. USAGE IN PROMOTIONAL & MARKETING MATERIALS
In recognition of the various offerings and services provided by Medify to Medical Provider, Medical Provider shall (subject to its reasonable right to review and approve): (a) allow Medify to include a brief description of the services provided to Medical Provider in Medify’s marketing, promotional and advertising materials; (b) allow Medify to make reference to Medical Provider in case studies, and related marketing materials; (c) serve as a reference to Medify’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Medical Provider’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.4.8. ORDERS, OFFERS AND INVENTORY (ONLY PHARMACIES)
- The terms in this Sub-Clause 4.8 are applicable only to Pharmacies.
- All orders placed to a Pharmacy must solely be the responsibility of the respective Pharmacy, in terms of acceptance, performance, delivery and fulfilment. Medify shall not be liable for any damages or losses incurred to the Pharmacy with respect to any order placed by a Patient. It is tasked upon the Pharmacy to verify the details and requirements mentioned in an order placed by a Patient, and complete the order as per the deadlines mentioned while accepting the order. A Pharmacy may take steps it deems necessary, to verify the identity of the Patient and the authenticity of the prescription/Medical History entry, and these may include but not be limited to using the Messages option to communicate with the Patient, calling the Patient using the Phone Number mentioned on his/her profile page and asking for a physical prescription upon delivery. Any medicines being provided to an unauthorised recipient is the liability of the respective Pharmacy, and not that of Medify. Medify is also not liable for any cancellation, delivery, payment or order fulfilment issues, which may include but not limit to delayed delivery, untimely cancellation of order, inability to fulfil order or complete the requisite payment. The responsibility for these issues is bestowed upon the respective Patient and Pharmacy, and all issues pertaining to the order must be resolved amongst themselves.
- Any offer/scheme displayed to the Patients and Doctors on the profile page of the Pharmacy is the sole responsibility of the Pharmacy. Medify is not liable for any issues arising out of any offers displayed by a Pharmacy. The authenticity, expiration, updation, legal compliance and fulfilment of any offer is the sole responsibility of the respective Pharmacy, and Medify cannot be deemed liable or responsible for any issues arising out of the aforementioned points.
- Medify makes constant efforts to update its list of medicines available to the Pharmacies for displaying their inventory details. Medify is not liable for any claims arising out of the details mentioned on any Pharmacy’s inventory page. The updation and authenticity of the information provided in a Pharmacy’s inventory is the sole responsibility of the Pharmacy, and any damages being incurred to a Patient or Pharmacy due to such displayed information is not the responsibility of Medify.
- Medify, at it’s sole discretion, can suspend, or permanently terminate the access of any Pharmacy’s account to the Medify platform, based on any reports of malpractice or any evidence of illegal or unethical methodologies, including any violations of this Agreement, used by any Pharmacy. Medify cannot be deemed liable for any claims in pertinence to an account’s suspension or termination.
- The terms in this Sub-Clause 4.9 are applicable only to Doctors.
- All Consultations given by Doctors to Patients are the sole responsibility of the respective Doctor. The Doctor is responsible for verifying the identity of the patient and the authenticity of the information displayed on his/her account, and may take steps to do the same, which may include but not limit to using the Messages feature to communicate with the patient, calling the Patient using the Phone Number mentioned on his/her profile page or asking for physical proof of any medical document. Medify is not liable for any damages or losses to a Doctor or Patient arising out of any Consultation given by a Doctor the Patient, whether it is due to any faulty information displayed on either of the profiles, an incorrect diagnosis, a faulty prescription, any misunderstandings during communication or any other circumstance. The responsibility for these issues is bestowed upon the respective Patient and Doctor, and all issues pertaining to the Consultation must be resolved amongst themselves.
- Medify, at it’s sole discretion, can suspend, or permanently terminate the access of any Doctor’s account to the Medify platform, based on any reports of malpractice or any evidence of illegal or unethical methodologies, including any violations of this Agreement, used by any Doctor. Medify cannot be deemed liable for any claims in pertinence to an account’s suspension or termination.
5. Rights And Obligations Relating To Content
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
- violating or attempting to violate the integrity or security of the Website or any Medify Content;
- transmitting any information (including but not limited to job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Medify;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the Medify Content or other information available from the Website;
- framing or hot linking or deep linking any Medify Content.
- circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
5.5. Medify may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Medify 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 Medify as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Medify or any person on its behalf and the User or where the User has consented to data transfer. Medify respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
- Such User breaches any terms and conditions of the Agreement;
- A third party reports violation of any of its rights as a result of your use of the Services;
- Medify is unable to verify or authenticate any information provide to Medify by a User;
- Medify has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- Medify believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Medify or are contrary to the interests of the Website.
7. Limitation Of Liability
- provision of or failure to provide all or any service by Medical Providers to Patients contacted or managed through the Website;
- any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
- any unauthorized access to or alteration of your transmissions or data; or
- any other matter relating to the Website or the Service.
8. Retention And Removal
9. Applicable Law And Dispute Settlement
9.2. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or Information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Medify. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. 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 to the dispute. Subject to the above Clause 9.2, the courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.