Terms and Condition
The terms and conditions set out herewith (Terms) constitutes a company incorporated under the laws of India, #443, 1st floor, 4th main, 12th cross, West of Chord Road, 2nd stage, Mahalakshmipuram, Bangalore – 560086 manage and operate a digital platform – visiting address www.medatu.com and a mobile application under the brand name Medatu (collectively refers to our platform). A natural or legal person who uses or access the platform in any manner (your or you) or use any current, future service, functionality, offers made available on the platform with services as updated periodically.
The Agreement applies to you if you are:
- A medical practitioner or health care service providers to be listed or already listed on our website which includes authorized associates of institutions.
- A user searches to find the best services for his/her health conditions.
- The use of our platform would make a hassle-free experience to get the best of quality with our standards.
For the purpose of these Terms:
- Platform means www.medatu.com including its corresponding mobile application/website/wallet/tablet/desktop or any other digital mode and operating system as provided by us, on that you might avail the services and includes applications controlling and managed by us which interacted with one or more mobile applications/wallets/tablets/websites and digital modes as provided by us.
- Products and Services mean prescription medicines, over the counter medicines, beauty products, fast-moving consumer goods, online doctor consultation, and diagnostics tests, other products and services offered for sale to you on the Platform.
- Doctor/Registered Medical Practitioners will mean by any person permitted to practice medicine by the MCI (Medical Council of India) or any regional council for registration of Doctor/Registered Medical Practitioner duly authorized by the Government who will be verified and authenticated by us.
- We and you are herein individuals referring to as ‘Party’ and collectively as ‘Parties’.
At the sole discretion of Medatu, the services mentioned on our policies may tend to change periodically based on updates. We kindly request user(s) to frequently check our policies on our website.
This agreement with our policies helps you to secure the knowledge of the process in accessing by our terms and conditions mentioned. Feel free to contact us by dropping an email at email@example.com.
By downloading with the use of our platform you accept and agree to the rules and regulations mentioned precisely on our policy. This agreement supersedes all previous written and oral terms and conditions (if any) communicated to you relating to your use of the website to avail of the services from our end. By availing of any services, you accept the terms of this agreement.
We have the right to modify or terminate any portion of the agreement for any reason and at any time, and such modifications shall be informed to you in writing and will be shared to your mentioned email address with us. In processing with us, you consentto the terms of this agreement.
You acknowledge that you will be bound by this agreement for availing of any services offered by our end. If at all not accepted with our terms and conditions, we request you to not proceed ahead with us.
Your access with the use of the website and the services shall be solely at the discretion of Medatu.
The Agreement is published, 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.
- The rules, regulations, guidelines, and clarifications framed thereunder, 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”).
Pharmaceuticals and Diagnostics Policy
- Medatu platform will not dispense any prescription medicines without a valid prescription from a licensed physician.
- If you are ordering prescription medicine(s), you hereby confirm us in sending a scanned copy of your valid prescription(s) via fax, WhatsApp, e-mail, or by post then after this prescription will be inspected and approved by our qualified pharmacists.
- If our qualified pharmacists have any questions or concerns pertaining to the prescription, you hereby authorize them in consulting with external networking of doctors about the validation of the prescription.
- The drug information that you have provided in the platform is only for informative purposes and this platform is not intended in providing treatment, diagnosis, or medical advice. We are not responsible for any adverse effects or harm caused to you because of your reliance on the information with our platform.
- The platform needs either the user or the caregiver (as defined in the below clause) in confirming that he/she is completely aware of the side effects, indications, effects, drug interactions, of overdose, or the missed dose of the medicines he/she orders from us. It is not to avoid seeking professional advice from your physician before consumption or purchasing from the platform.
- A caregiver is the person who places the order with the help of a prescription on your behalf.
- It is to be noted that Medatu is not the seller of the medicines but only a facilitator which facilitates procurement of medicine between you and a Registered Pharmacist. Medatu is in no manner liable for or responsible for the underlying medicine sale between the User and the registered pharmacist. Medatu hereby disclaims and excludes all warranties concerning all services, information, and products contained on a medicine order, express, implied, or statutory.
It is further clarified that Medatu does not conduct any diagnostic tests but is only a facilitator between the user and the Diagnostic Centres. Medatu is in no manner responsible for the actual test and analysis undertaken by the Diagnostic Centre. Medatu disclaims and excludes all warranties about any diagnostic service availed by the User as part of test bookings.
CONDITIONS TO USE
You must be above the age of 18 or older to register, in getting benefited by our services and use of our website in any manner. Registering, visiting, and using the Website in accepting this Agreement, you represent and warrant to Medatu 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 from our platform.
USAGE OF TERMS EXCEPT TO OUR SPECIALISTS
The terms in this Clause apply only to Users other than practitioners.
END-USER ACCOUNT AND DATA POLICY
- Medatu by its services may collect your detailed information for the usage of our services. The collected information will be used only for improving the quality of Medatu’s services and in building new services
- The Website allows Medatu to have access to registered Users’ email or phone numbers, for communication purposes to provide you a better way of booking appointments and in receiving feedback from the specialists and their practice.
- The information collected from users, including sensitive personal data or information.
- The purpose means and modes of usage of such information.
- How and Why does Medatu will disclose such information.
- Other information is mandated by the SPI Rules.
- Facts that information is being collected.
- Purpose of information to be collected.
- Nature of collection and retention of the information.
- Details of the agency that is collecting the information and the agency that will retain the information.
- Various rights are available to such users in respect of such information.
- Certainly, some of the services required to collect the information to confirm whether we are in touch with the user or the other. When you access our medium of approach for the identification of you, we might need your security questions to be answered, KYC documentation, Registered contact numbers, etc. We do maintain a 'No Spam Policy' regarding any of the promotions we do not send messages or emails to you. If you’re accessing our mediums channelized with our websites, applications, or applications. You do so at your own risk and shall be liable for compliance with any local laws.
- Medatu will not be responsible for your losses caused by any unauthorized use of your account, you might be responsible for the losses of Medatu or such other parties as the case may be, due to any unauthorized use of your account.
- If at all a user provides irrelevant and false information on behalf of the identification process, Medatu has the right to stop services with such kind of mannerism.
- Medatu may collect some information from the users periodically for the purposes of debugging customer support-related issues.
MEASURES OF PROCESS WITH OUR PRESENCE
Medatu’s tech is built on a grab bag of AI Techniques like language processing to allow users to describe their symptoms casually, expert chat systems in mining huge medical databases, machine learning to string together correlations between a symptom and a condition, etc.
Based on Pin codes in India and Zip codes in US/UK, our use of machine learning will produce pricing and adapting results. Medatu will provide the best prices based on locations and purchasing power. AI-based reminders will be sent to patients for medicine purchases. Any concerns of the queries can get in touch with us at firstname.lastname@example.org.
FOSTERING ACCURATE INFORMATION TO THE USER
- As a practitioner of the listing service without registering for an account by providing information regarding your [name, mobile number, email address], and such other information as requested by any of Medatu’s employees or agents who contact you in person or by telephone. Henceforth, we collect detailed information about the identity and their services like consultation fees, location, products provided, qualifications, visiting hours, etc. To provide the best services from our end, we would have to get the above-mentioned information to benefit our health-supporting concerns.
- Medatu does not provide or make any representation, warranty, or guarantee, express or implied about the Website or the Services. Medatu does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the complete extent permitted by law.
- The website may be linked to third parties, business partners, etc. we will not be responsible for any of the transactions or dealings with the other website's links, promotions, advertisements apart from us. User is responsible for the use of their mediums.
- If at all a user provides irrelevant information about the identification concerns. You shall be liable to indemnify Medatu for any losses incurred because of your misrepresentations or fraudulent feedback that has affected us along with our user's comfort.
- Information published under the head of "Industry-wide, Pricing Graph" is derived from a benchmarking group that is determined to be relevant by Medatu in the relevant cities. Medatu has no right to change any of the information provided by the user.
TO BOOK AN APPOINTMENT AND FACILITY TO CALL
- Medatu allows two modes of connection to our health professionals via our website and through telephone.
- If a user books any service and if it gets cancelled due to unknown reasons like a specialist is not available, transaction declined, etc will not be listed in the account history of services. Terms and conditions are applied.
- If a user has communicated with our means of telephone can inform the same to the specialists so that they come to know the concern of health by our policy.
- If at all getting information about the health conditions and engaged to contact our health professionals without the notice to us, User will be solely responsible for his/her acts according to our policy.
- Without the mentioned points above described cannot be progressed further-on in providing our services which include:
- Information is provided with our health professionals.
- The ability in fulfilling their specialist's obligations towards users.
- Any wrong medication or quality of treatment being given by the by our health professionals.
- Inappropriate treatment, due to a failure on the part of the health professionals to provide agreed services.
- Any kind of misconduct by professionals.
- Cancellation by the Practitioner or rescheduling of the booked appointment addressed under our policy.
- Users are allowed to give relevant feedback to improve our services and make an easier to access concerns.
In case of NO SHOW by patients’ points are mentioned below:
- The user’s account will be temporarily disabled from booking further online appointments with our platform.
- Patient- No-Show (P.N.S) for these Terms and Conditions, is defined as if at all the patients didn't turn up for the concern relating to treatment without any notice to us, an appointment will be cancelled. If informed to us appointment will be scheduled with 5days of the grace period.
- The user will be penalized as per 3.4.6(a) if:
- The user doesn't reply to our communication within the period of 7days.
- If the user reverts to the concerns:
- Forgot the appointment
- Choose to visit another Practitioner/consulted online.
- The user was busy with other work and if informed.
- Where the User has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness user is levied with charges.
Medatu has the right to make the final decision in case of a conflict. The total liability of Medatu concerning any claims made herein shall be INR 200.
CANCELLATION AND REFUND POLICY
- In the process of booking appointments due to any reasons if at all informed us in contacting our medium in mailing at email@example.com - cancellation charges will be levied or else if not informed within the receipt of confirmation received within 5 days as per 3.4.6(a) cancellation charges will not be refunded.
- Users will be allowed in receiving refunds if in case, health professionals are unable to maintain appropriate schedules, wait, etc.
NO RELATIONSHIP BETWEEN A PATIENT AND DOCTOR
- Information you receive from our platform and employees, contractors, partners, sponsors, advertisers, licensors, or otherwise on the Website is for informational purposes only. We give no guarantees, representations, professional qualifications, quality of work, expertise, or other information provided on the website.
- Immediate assistance for any emergency cases is not provided if so, kindly contact the ambulance for instant assistance.
MEDATU HEALTH NEEDS
The terms and conditions are applied to users and benefited from it however, it is clarified that the terms and conditions are applicable to practitioners and to the users are called out, as the context warrants.
- Medatu provides access to practitioners to log in and post health-related content.
- Practitioners can use Medatu Heath Need by logging in from their health account, creating original content comprising text, audio, video, images, data and any combination of the same content and uploading said to Medatu servers. Medatu will make a gallery of images available to the user licensed by Medatu from a third-party stock image provider ‘Medatu Gallery’. The user can even upload their own images or choose an image from the Medatu Gallery and the user acknowledges that the user will use the images from the Medatu Gallery at their own risk. Medatu will post such content to Medatu Health need at its own option and subject to these terms and conditions. The content uploaded to Medatu Health needs at its own option and is subject to these terms and conditions. The content uploaded via Medatu Health Need does not constitute medical advice and might not be construed as such by any person.
- Practitioners acknowledge that they are the original authors and creators of any content uploaded by them via Medatu Health need and that no content uploaded by them would constitute an infringement of the intellectual property rights of any other person. Medatu has the right to remove any content which might determine at its own discretion as violating the intellectual property rights of any other person, including but not limited to patent, copyright, trademark, or other proprietary rights. Practitioner agrees to absolve Medatu from and indemnify Medatu against all claims that might arise as a result of any third-party intellectual property right claims that may arise from the practitioner in uploading any content on the Medatu Health Need. Practitioners might not use the images in the Medatu Gallery for any purpose except those directly related to the creation and uploading of content to Medatu Health feed. The Practitioner also agrees to absolve Medatu from and indemnify Medatu against all claims that may arise as a result of any third-party intellectual property claim if the practitioner downloads, copies, or otherwise utilizes an image from the Medatu Gallery for his/her commercial or personal gains.
- Practitioner herein assigned to Medatu, in perpetuity and worldwide, all intellectual property rights in any content created anduploaded by the user via Medatu Health Need.
- Medatu will have the right to edit or remove the content and any comments in the manner as it might deem Medatu Health Need at any time.
- A practitioner shall ensure that no portion of the or any further responses to the content that includes responses to the user is not harassing, blasphemous, obscene, harmful, defamatory, paedophilic, pornographic, or libelous in any manner. Further, the practitioner must ensure that the content is not invasive of any other person’s privacy or contains any elements that are hateful, ethnically or racially objectionable, disparaging, or otherwise unlawful in any manner. Medatu has the right to remove any content that may determine as its own discretion is violative of these terms and conditions or any law or statute in force at any time. The practitioner also agrees to absolve Medatu from and indemnify Medatu against all claims that may arise the result of any legal claim arising from the nature of the content posted by the practitioner on Medatu Health Need.
- Practitioner will ensure that no portion of the content is violative of any law for the time being in force.
- Practitioner will ensure that the content is not threatening with unity, integrity, defense, security. Or sovereignty of India, friendly relations states, or public order. Further, the practitioner will also ensure that the content shall not cause incitement to the commission of any cognizable offense or prevent investigation of any offense or is insulting any other nations.
- User might also use Medatu Health Need in order to view the original content created by practitioners and also to create and upload comments on such content where allowed as ‘User Content’.
- User acknowledges that the user comment reflects the views and opinions of the authors of those content and does not reflect the views of Medatu.
- User agrees that the content they access on Medatu Health Need does not constitute medical advice and that the responsibility for any act or omission by the User arising from the user’s interpretation of the content, is solely attributable to the user. The user agrees to absolve Medatu from and indemnify Medatu against all claims that might arise as a result of the user’s action resulting from the user viewing of content on Medatu Health Need.
- User acknowledges that all the intellectual property rights in the user comment on Medatu Health Need vests with Medatu. The user agrees not to infringe upon Medatu’s intellectual property by plagiarizing content on Medatu Health Need. Medatu has the right to initiate all necessary legal remedies available to them in case of such infringement by the user. Also, user comments will be the sole intellectual property of Medatu. The user agrees not to post user comments that would violate the intellectual property of any third party, which includes but is not limited to patent, copyright, trademark, or another proprietary right. Medatu reserves the right to remove any user comment determining its own discretion as violating the intellectual property rights of any third party. The user agrees to absolve Medatu from and indemnify Medatu against all the claims that might arise as a result of any third-party intellectual property right claim that might arise from the user comment.
- User will ensure that the user comment is not harmful, harassing, blasphemous, obscene, defamatory, paedophilic, pornographic, or libelous in any manner. Further, the user should ensure that the user comment is not invasive of any other person’s privacy or otherwise contains an element that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner. Medatu has the right to remove content that might determine at its own discretion is violative of these terms and conditions or any law or statute in force at the time. Also, the user agrees to absolve Medatu from and indemnify Medatu against all claims that might arise as a result of any legal claim arising from the nature of the user comment.
- User will ensure that the content is not threatening with unity, integrity, defence, security, or sovereignty of India, friendly relations states, or public order. Further on the practitioner will ensure that the user comment will not cause incitement to the commission of any cognizable offense or prevent investigation of any offense or is insulting any nation.
- Other than health-related concerns no practitioner is allowed to post any other information like advertisements, or harmful posts on our platform.
- Users may use our platform (Health Needs) to get health-related information.
- User agrees that the content they access on Medatu Health Need does not in any way, provide medical advice and that the responsibility for any act is responsible by the user itself.
- The user acknowledges that all the rights are under the terms and conditions of Medatu. We hope that the user has understood clearly our mentioned points relating to the concern.
- The user shall also ensure that the content is not harmful, harassing, etc., and respects our privacy information and follow it.
OWNERSHIP OF CONTENT AND COPYRIGHTS
- The contents listed on our website are user-generated, belong to Medatu. The information that is collected by Medatu directly or indirectly from the End- Users and the Practitioners shall belong to Medatu. Copying and promoting without our notice is prohibited according to the law.
- Medatu authorizes the user to view and access the content available on the Website for ordering, receiving, delivering, and communicating only relating to health conditions as per this agreement. The contexts of the website information, text, graphics, logos, button icons, software code, design and the collections, arrangement. Assembly of content on the website collectively on the Medatu content. Are the property of Medatu and are protected under copyright, trademark, and other laws. User shall not modify the Medatu content or reproduce, display, publicly perform, distribute, or otherwise use the Medatu content in any way for any commercial or personal purpose or for their personal gain.
- Users will not have to access the services for purposes of monitoring availability, performance, functionality, or for any other benchmarking or competitive purposes.
REVIEWS AND FEEDBACKS
The user is solely responsible for providing the information at our platform based on health conditions. The role of Medatu in publishing "Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000". Medatu is not responsible to pay if a user posts any content or reviews.
Your publication of reviews and feedback on our website is governed by 'Clause 5' of these Terms. Without causing harm to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on our website that
(a) Beyond the law on any third-party, publicity, privacy rights.
(b) Violating any applicable law including but not limited to the IG Rules and SPI Rules.
Medatu chooses whether to publish your posts, products, information, and then after it will be displayed on our platform.
You agree that Medatu may contact you through a telephonic, social medium, e-mail means of communication for:
- Obtaining feedbacks on Medatu's services.
- Obtaining feedback about any practitioners listed on the Website.
- Giving a concluded solution to any complaints, information, or queries by Practitioners regarding your critical contents.
You agree to provide your complete co-operation and time, further to such communication by Medatu. Medatu's Feedback Collection and Fraud Detection Policy are within the terms and conditions.
Medatu may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Medatu’. The information available in your Records is of two types:
- User-created: Information uploaded by you, or information generated during your interaction with Medatu. For example, appointments, medication orders placed by you.
- Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘Medatu’ or other Services of Medatu platforms.
Specific terms relating to health conditions are mentioned below:
- Your Records are only created after you have signed up and accepted our Terms and Conditions.
- Any practice-created Health Record is provided on an as-is basis at the sole intent, risk, and responsibility of the practitioner and Medatu does not validate the said information and makes no representation in connection therewith. You get in contact with the relevant practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
- Health Records are provided on an as-is basis at the sole intent, risk, and responsibility of the Practitioner and Medatu does not validate the said information. You should contact the relevant Practitioner in case you point out any changes or add, delete, or modify the Health Records.
- The reminder provided by the Records is only a way of reminding you to perform your activities as prescribed by your Practitioners. In the event of any medicine reminders provided by Medatu, you must refer to your prescription before taking any medicines. Medatu is not responsible for any reason reminders are not delivered to you or delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch them off through the Medatu notifications icon on our platform.
- It is your responsibility to keep your contact number and email address updated in the Records. The Health Records will be sent to the Records associated with this mobile number and email address. If the number changed and is not updated could not be able to receive the status of your request from us.
- Medatu uses industry-level security and encryption to your Health Records. However, Medatu 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 will instantly inform Medatu of such unauthorized use or access. Please do safeguard you login credentials and report any actual suspected breach of account firstname.lastname@example.org
- If you access your dependents’ Health Records by registering your dependents with your own records, you are deemed to be liable for the Health Records of your dependents and all obligations that your dependents would have had, and had they maintained their own individual records. You consent that it will be your sole responsibility to obtain prior approval of your dependent and shall have the right to share, upload, and publish any sensitive personal information of your dependent. Medatu assumes no responsibility for any claim liability, or dispute arising in this concern, and you will indemnify Medatu and its officers against those claims or liability arising out of unauthorized use of such information.
- In case you want to delete your records, you can do so by contacting our customer support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your practitioners will continue to be stored in their respective accounts.
- You might lose your ‘User Created’ records if the data is not synced with the server.
- If the Health Records are not measured within the stipulated time, you might not be able to access your Health Records due to security reasons.
- Medatu is not responsible for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
- The Health Records are shared with the phone numbers that are provided by your practitioner, Medatu is not responsible for adding the Health Records with incorrect numbers if those incorrect numbers are provided by the practitioner.
- Medatu is not responsible for any loss or inconvenience caused due to your failure in updating the contact details.Medatu uses industry–level security and encryption to Health Records. However, we do not guarantee to prevent unauthorized access if you lose your login credentials. Your practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content.
- If a user wants to delete or remove the information in our platform it will be deleted in Medatu but might be stored by your practitioners.User may lose their “User-created” record if the data is not synced with the server.
- If the Health Record is not channelized for an estimated time, you may not be able to access your Health Records due to security reasons.
- Medatu is not responsible for any reason, Health Records are not delivered to you except with the status of a report relating to health conditions.
- The Health Records are shared with the phone numbers that are provided by your Practitioner. Medatu will not be responsible for adding the Heath Records with incorrect numbers.
- Medatu is not liable for any content, Health Records, medical deduction, or the language used in your Health Records. Your Practitioner is solely responsible and liable for your Health Records and information provided to us including but not limited to the content in them.
- Medatu has the right to delete if any irrelevant information to Health Records is provided without any prior notice if they are found to be shared incorrectly in our platform according to our terms and conditions.
- You agree and acknowledge that Medatu may need to access the Health Record for cases such as any technical or operational issues of the End User in access/ownership of the Records.
- You acknowledge that the Practitioners you are visiting may engage Medatu’s software or third-party software for the functioning of the Practitioner’s business and Medatu’s services including but not limited to the usage and for storage of Records (as mentioned in Section 3.10 in India and outside India, under the applicable laws.
- You hereby agree to the information stored by Medatu is only for health-related conditions on behalf of your request for approval to use in the mediums of our platform.
- With an extent that your records have been shared with Medatu or stored on any of the Medatu products used by practitioners you are visiting, you hereby agree to the storage of your records by Medatu about such previously visited hospitals and clinics who have tied up with Medatu for the purposes of their business and for Medatu’s services including but not limited to the usage and for storage of records as defined above, in India and Out Of India, in accordance with the applicable laws and further agree, upon creation of your account with Medatu. To the mapping of such records as it might be available in the database to your user account.
TERMS FOR PRACTITIONERS
- Every practitioner on the Q&A platform has to be qualified in the area of expertise that he represents as being with his qualification.
- Medatu users can post questions on medical issues ‘Querist’ and these queries can be answered by multiple practitioners on the Q&A platform. It is clarified that no doctor-patient relationship is established between the Querist and Practitioner, in any manner with the involvement in this Q&A.
- The practitioner might provide tentative views, recommendations, suggestions, and solutions to the question posted by a Querist. However, it is clarified that any such recommendation, view, solution, and suggestion will not be construed as medical advice. The person in question (Being Querist or Not), is advised to consult with a doctor in this concern.
- The Q&A Platform is a platform for the exchange of information which is general in a question-and-answer format. The Q&A Platform is not for emergencies.
- Q&A interaction cannot be understood as a medical consultation with the Practitioner, in any manner.
- Medatu users can post any of the queries relating to health conditions, and answers will be given by multiple practitioners on the Q&A platform. It is clarified that no doctor-patient relationship is established between the Querist and Practitioner in any manner by indulging in this Q&A.
- The practitioner might provide recommendations, probable views, suggestions, and solutions to the questions posted by the Querist. Clarified that any such view, recommendation, suggestion, and solution shall not be construed as medical advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard.
- The practitioner will not be sharing any of the religious, personal, or moral views with the querist while reverting their responses.
- The practitioner cannot prescribe any medicines on the Q&A platform. Q&A platform is only to exchange information based on Health Queries and not for consultation or medical advice.
THE PRACTITIONER IS PROHIBITED TO
- Posting any responses in derogatory language, objectionable, pornographic, and offensive content.
- Advertising any brand of drugs, supplements, vaccines, and medications, in any manner.
- Advertise to or solicit patients in any manner including without limitation by way of using social media handles, Facebook, Twitter, etc., telephone/ mobile numbers, YouTube, and address.
- Promoting content and activities which are illegal.
- In case of breaking the laws of Q&A terms, Medatu will take appropriate action inter alia ranging from issuing warnings to the removal of Practitioner from the Q&A Platform, in its sole and absolute discretion, on a case-to-case basis.
- The practitioner is responsible for his/her responses given by themselves. Q&A platform provided by Medatu is only to share and exchange information.
- The Q&A platform will be monitored regularly by Medatu for ascertaining compliance by the Practitioner to Paragraph 6, and the Practitioners consent to the same. It is clarified that the said audit is not conducted for the quality check or validation of responses issued by the Practitioner.
- All Medatu Terms and Conditions shall govern the Q&A terms. The decision of Medatu is final and binding on the issues arising under the Q&A terms and Medatu Terms and Conditions.
TERMS FOR USER
- The personally identifiable information of the querist shall be anonymized by Medatu before posting the question on the Q&A Platform.
- Q&A Platform is a public forum for the exchange of information, therefore any question posted will be visible for everyone. It is advisable for a user to not post any of the confidential information published on the Q&A platform.
- Users shall not use the Q&A platform for emergencies.
- User is prohibited to post any queries/issues consisting of any derogatory language, objectionable, pornographic, and offensive content.
- Any responses provided by the practitioner in the Q&A platform will not be considered as medical advice. Q&A platform is only to exchange information in general. This will not be included as a medical consultation in any manner.
- It is clarified that no doctor-patient relationship is indulged between the user and the practitioner in any manner with the Q&A platform. The practitioner may provide recommendations, probable views based on the concerns, suggestions, and solutions to the questions posted and not considered as a piece of medical advice. The person in question (Querist) is advised to consult with a doctor in this regard.
- Each Medatu terms and conditions shall govern the Q&A terms to the extent applicable. The decision of Medatu is final and binding on the issues arising under the Q&A terms and Medatu terms and conditions.
The terms in this Clause 4 apply only to Practitioners:
Medatu, directly or indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Medatu has the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected to facilitate interaction with the End-Users 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 us by emailing email@example.com so that we will be able to change the needed information to the user.
Medatu will not be responsible for the ranking of the Practitioners on external websites and search engines.
Medatu deserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any derogative contents added on the Website. However, Medatu will not be responsible for inactive, inaccurate, fraudulent, or non-existent profiles of Practitioners are added to our Website.
Practitioners agree that Medatu has the right to publish any content provided by Practitioners to third parties including content platforms.
As a Practitioner, you hereby represent and warrant that you will be using our services accordingly to the law. Beyond the law, any of the acts performed Medatu is not responsible for the same.
OWNERSHIP OF PROFILE AND RIGHTS TO EDIT
Medatu provides easy access to the Practitioners with the help of our tools to update your profile information. Medatu has the right of ownership of all the Practitioner profiles and photographs and to moderate the changes or updates requested by Practitioners. Medatu 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 our services and no such content with any third-party rights, including intellectual property rights. Becoming aware of a breach of the foregoing representation, Medatu may modify or delete parts of your profile information at its sole discretion with or without notice to you.
REVIEWS AND DISPLAY RIGHTS OF MEDATU
- All contents are created by the users, clients of Medatu customers, end-users, and practitioners of www.medatu.com (website). Medatu does not take responsibility for Critical Content and its role concerning Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of Medatu and other legal rights with obligations relating to the Critical Content are further detailed in the above Clauses of these Terms. Medatu Feedback Collection and Fraud Detection Policy is annexed as the Schedule hereto and remains subject always to these Terms.
- Medatu has the right to collect feedback and critical content for all the Practitioners, clinics, and healthcare providers listed on our website.
- Medatu 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. Medatu shall not be responsible for any effect on the Practitioner’s business due to Critical Content of a negative nature. In these concerns, you may use the service at your own risk. Medatu however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. More information relating to the concerns on Critical Content is precisely mentioned in the points mentioned over here.
- Medatu will collect information under our standards with the applicable laws and in no circumstances will be responsible for Critical Content which is created by users. The principles set out with third-party content in the terms of Service for the Website shall be applicable mutatis mutandis about Critical Content posted on the Website.
- If Medatu finds out any inappropriate information apart from health-related information, Medatu has the right to instantly suspend any of your accounts with us and makes such declaration on the website alongside your name/your clinics name as determined by Medatu for the protection of its business and in the interests of Users.
Medatu has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm periodically to improve the quality of the results given to the patients. It is a pure merit-driven, proprietary algorithm that cannot be altered for specific Practitioners. Medatu shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.
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 Medatu.
MEDATU REACHING RIGHTS
Medatu has the right to display the sponsored ads on the website. These ads will be marked as "Sponsored Ads". Without prejudice to the status of other content, Medatu will not be responsible for the accuracy of the information or the claims made in the Sponsored ads. Medatu does not encourage the Users to visit the Sponsored ads page or to avail any services from them and will not be responsible for the services of the providers of the Sponsored ads.
BOOKING AN APPOINTMENT AND CALL FACILITY
The Practitioner is duly registered, licensed, and qualified to practice medicine/provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/services being provided.
USE OF PROMOTIONAL AND MARKETING MATERIALS
In recognition of various offerings and services rendered by Medatu to the Practitioner, Practitioner shall (subject to its reasonable right to review and approve: Allow Medatu to include a brief description of the services provided to Practitioner in Medatu's marketing, promotional, and advertising materials, Allows Medatu to refer to Practitioner in case studies, and related marketing materials, Serves as a reference to Medatu's existing and potential clients, Provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases, Making presentations at conferences, and use the Practitioner’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.
OBLIGATIONS AND RIGHTS ABOUT THE CONTENT
As mandated by Regulation 3(2) of the IG Rules, Medatu hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- Belongs to the other person and to which the user doesn't have the right to.
- Is 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.
- Harming minors in any way.
- Breaking the law of any patent, trademark, copyright, or other proprietary rights.
- Violating any laws 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 threatening.
- Pretending to be another person.
- Containing software viruses or any other computer code, files, or programs designed to interrupt, destroy, limit the functionality of any computer resource.
- Threatening 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 offense or prevents investigation of any offense or is insulting any other nation.
USERS ARE ALSO PROHIBITED FROM
- In violating or attempting to violate the security of the Website and Medatu content.
- Transmitting any information which includes job posts, messages, and hyperlinks on the Website that is competitive to the provision of Services by Medatu.
- Submitting any incomplete, false and inaccurate information on the website.
- In making any unsolicited communications to other users.
- In using any engine, software, tool, agent, mechanisms, and other devices or mechanism (For instance: spiders, robots, avatars, intelligent agents) in navigating and to search the Website.
- In attempting to decipher, decompile, disassemble, and reverse engineering on any part of the Website.
- In copying or duplicating in any manner of the Medatu Content and other information available from the Website.
- In framing, hotlinking, and deep linking any Medatu Contents.
- In circumventing, disabling any digital rights management, usage rules, and other security features of the Software.
Medatu, upon obtaining knowledge by itself, been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses mentioned in these terms. Medatu shall also be entitled to preserve such information and associated records for at least 90 days for production to governmental authorities for investigation purposes.
Medatu may disclose or transfer user-generated information to its affiliates or governmental authorities in such a manner as permitted and required by applicable law. You hereby agree to such transfer. The SPI Rules only permit Medatu 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 Medatu as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Medatu or any person on its behalf and the User or where the User has consented to data transfer.
Medatu respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
Medatu has the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where:
- Breaking terms and conditions of the agreement.
- Third-party reports a violation of any of its rights as a result of your use of the Services.
- Medatu is unable to authenticate any information provided to Practo by a User.
- Medatu has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on part of such a User.
- Medatu believes in its sole discretion that the User’s actions may cause legal liability for such User, other Users for Medatu are contrary to the interests of the Website.
If temporarily suspended, indefinitely suspended or terminated accounts cannot access with the same account or re-register with the same presented details of account information. On termination of an account due to various reasons, those users will not be having access to data, messages, files, and other material kept on the Website by such User. The User shall ensure that he or she has continuous backup of any medical services the User has rendered to comply with the User’s record keeping process and practices.
LIMITATION OF LIABILITY
In any concerns, including but not limited to negligence, shall Medatu, or any of its directors, officers, employees, agents, content, service providers (collectively, the “Protected Entities”) be responsible for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials, and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no circumstances shall the Protected Entities be liable for:
- In the provision of and failure to provide any service by Practitioners to End- Users contacted or managed through the Website.
- In any content posted, transmitted, exchanged, or received on behalf of any User or other person on or through the Website.
- Any unauthorized access and alteration of your transmissions or data.
- In any matters relating to the website or services.
In no events shall the total liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract, including, but not limited to, negligence) arising from this Agreement of the Website and the Services exceed, in the aggregate Rs.1000/- (One Thousand Rupees only).
REMOVAL AND RETENTION
Medatu may keep certain records about a user from the website or services for as long as necessary, depending on the type of information; purpose, means, and modes of usage of such information, according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
DISPUTE SETTLEMENT AND APPLICABLE LAWS
- You agree that this agreement and any contractual obligation between Medatu and a user will be governed by the laws of India.
- Any dispute, claim, controversy arising out of this Agreement, including the determination of the scope and applicability of this Agreement to arbitrate, or your use of the Website and the Services to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Medatu. The arbitration shall be conducted following the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. 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, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or about this Agreement, your use of the Website, the Services, and the information to which it gives access.
If a user has any questions about Medatu, the website, this agreement, the services, and anything relating to any of the foregoing. Can reach us by dropping a mail stating the concern of your request to firstname.lastname@example.org.
Per the Information Technology Act, 2000, and the rules made thereunder, if you have any grievance for the Website or the service, including any discrepancies and grievances concerning the processing of information, you can contact our office at:
No. 443, 1st Floor, 4th Main, 12th Cross, West of Chord Road, 2nd Stage, Mahalakshmipuram, Bangalore - 560086 E-Mail: email@example.com
In any circumstances, you suffer as a result of access or usage of our website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable following its terms. The Agreement shall be interpreted to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
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 Medatu. Any of the acts by you whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
CONDITIONS OF USAGE
You must be 18 years of age or older to register on the Website for availing of the Health Plan Service as a Primary User. As a Primary User, You can add minors as Covered Member(s) under the Health Plan Service availed and subscribed to with the express understanding that the Primary Member shall be entirely responsible and liable on all counts for compliance with these Medatu Health Plan Terms and on behalf of such covered member who is below the age of majority. By registering, visiting, and using the Website for availing the Health Plan Service or accepting these Terms and the Standard Policies, You represent and warrant to Medatu that you are (18) years of age or older and have the appropriate authorization to contract on behalf of a covered member who is below the age of majority and that you have the right, authority and capacity to use the website for availing the Health Plan Service and agree to and abide by these Terms.