“MedikoNet Private Limited” a Private Limited Company, on behalf of itself and its affiliates/ Companies under the Brand name “MedikoNet” is the author and publisher and is authorized to operate mobile application “MedikoNet” and providing service through Internet resource https://www.medikonet.com together called as “MedikoNet Platform” having registered office at “15/1 Poloview Srinagar, Kashmir-190001”, which expression shall, unless it be repugnant to the subject or context thereof, include their legal heirs, successors, nominees and permitted assignees, affiliates, company/s and hereinafter called the “MedikoNet”
Welcome to the website https://www.medikonet.com and mobile application ‘MedikoNet’ (together called as "MedikoNet Platform"). The MedikoNet Platform is operated by MedikoNet Private Limited, having its registered office at “15/1 Poloview Srinagar, Kashmir-190001”. The terms 'You' or 'Your' refer to You as the user (irrespective of whether You are a Registered User or a Non-Registered User) and the terms 'MedikoNet' ,'We', 'Us', 'Company', and 'Our' refer to MedikoNet and / or MedikoNet Private Limited. Please carefully go through these terms of use (“Terms”) and the privacy policy available at https://www.medikonet.com/privacy-policy (“Privacy Policy”) before you decide to access the MedikoNet Platform or avail the services made available on the MedikoNet Platform.
The Terms of this agreement, the Privacy Policy (https://www.medikonet.com/privacy-policy) together with any other policies which may be applicable to specific portions of MedikoNet Platform or which may govern the use of MedikoNet platform and any disclaimers which may be present on the MedikoNet Platform are referred to as "Agreement".
This Agreement defines the terms and use under which you are allowed to use the MedikoNet Platform and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@Medikonet.com.
By clicking or agreeing to “Installing mobile app” or "Sign-up" or "Have free trial" or "Start here for free" or the 'I accept' tab at the time of registration, or by entering into an agreement with MedikoNet to provide committed services as set out in the terms of this agreement , or through the continued use of the MedikoNet Platform or by Accessing the MedikoNet Platform through any medium, including but not limited to accessing through mobile phones, smartphones and tablets then Agreement will continue to apply to such use. You irrevocably accept all the conditions stipulated in this Agreement, the Privacy Policy, or any other policy that govern the use of MedikoNet platform as available on the MedikoNet Platform, and agree to abide by them. This Agreement supersedes all previous oral and written terms of use (if any) communicated to you relating to your use of the MedikoNet Platform to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
Please read these Terms of use carefully and do not click “Install mobile app” or "Sign-up" or "Have free trial" or "Start here for free" or the 'I accept' or continue the use of the MedikoNet Platform unless You agree to be bound by these terms of this agreement, the privacy policy and other policies which may be applicable to specific portions of this MedikoNet Platform.
We reserve 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 though notification on MedikoNet platform or by sending an email on your registered email Id. You should read the Agreement at regular intervals. Your use of the MedikoNet Platform following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing/providing the Services on MedikoNet. If you do not agree with any part of the Agreement, please do not use the MedikoNet Platform or avail any Services.
Your access to use of the MedikoNet Platform and the Services will be solely at the discretion of MedikoNet.
The Agreement is published in compliance of, 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”).
1.1 Definitions:
Following terms will have the meaning as below and will be used in these Terms of use:
i) "Account Balance" implies credit or debit balance maintained by You with MedikoNet;
ii) "Effective Date" is the Date on which You accept the agreement by clicking “Installing mobile app” or "Sign-up" or "Have free trial" or "Start here for free" or the 'I accept'
iii) "User Information" means information regarding Registered Users which includes personal and medical information and any other information which may be provided by a Registered Users to You or may be transferred to You by MedikoNet;
iv) "Services" implies the services MedikoNet will offer to you that will involve use of the MedikoNet Platform or any other service offered by us in future.
v) “Service Providers" Registered Health Care Practitioners, Pharmacies, Diagnostic Centres or any other entity providing services on MedikoNet Platform shall collectively be referred to as “Service Providers”
1.2 Rights of Usage
i) As per the Terms outline in this Agreement, You accept a non-exclusive, personal, non-transferable, limited right to have access to and to use the MedikoNet Platform for the duration of Your engagement with Us.
The aforementioned right does not extend to :
(a) use the MedikoNet Platform for time-sharing, rental or service bureau purposes;
(b) make the MedikoNet Platform, in whole or in part, available to any other person, entity or business;
(c) modify the contents of the MedikoNet Platform or use such content for any commercial purpose, or any public display, performance, sale or rental other than envisaged in the Agreement;
(d) copy, reverse engineer, decompile or disassemble the MedikoNet Platform, in whole or in part, or otherwise attempt to discover the source code to the software used in the MedikoNet platform; or
(e) modify the MedikoNet Platform or associated software or combine the MedikoNet Platform with any other software or services not provided or approved by Us. You will obtain no rights to the MedikoNet Platform except for the limited rights to use the MedikoNet Platform expressly granted by this Agreement.
ii) The MedikoNet Platform may contain content, material, links or references which will direct you to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively referred to as "Third Party Websites"). MedikoNet does not endorse any Third Party Websites that You may be directed to from the MedikoNet Platform. Links to such Third Party Websites are provided for your convenience only. Please exercise your independent judgment and prudence when visiting / using any Third Party Websites via a link available on MedikoNet Platform. Should You decide to click on the links to visit such Third Party Websites, You do so of Your own volition. Your usage of such Third Party Websites and all content available on such Third Party Websites is subject to the terms of use of the respective Third Party Website and we is not responsible for Your use of any Third Party Websites
1.3 Accepting the terms of this agreement, You agree that:
i) You will acquire, install, configure and maintain all hardware, software and communications systems necessary to access the System ("Implementation/Installation") and receive the Services. Your Implementation/installation will comply with the specifications from time to time established by Us. You will ensure that Your Implementation/installation is compatible with the System and Services. If We notify You that Your Implementation/installation is incompatible with the System and / or Services, You will rectify such incompatibility, and We will have the right to suspend Services to You until such rectification has been implemented. Under no circumstances will You be eligible for any refund or any financial assistance in relation to Implementation/installation.
1.4 Use of Services and Access
1.4.1 Registration and Verification
You agree that Your receipt of Services is subject to verification by Us of Your identity and credentials as a Service Provider and to Your ongoing qualification as such. As part of the registration process and at any time thereafter, You may be required to provide Us with various information such as Your Photo Id, Your medical registration details (as recognized by the Medical Council of India and Your State Medical Council), Your qualifications and other information in order to prove that You are a valid health care practitioner in the field that You claim ("Credential Information"). We may verify such Credential Information or may ask You for additional information. We may also make enquiries from third parties to verify the authenticity of Your Credential Information. You authorize Us to make such enquiries from such third parties, and You agree to hold them and Us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that We may terminate Your access to or use of the System and Services at any time if We are unable at any time to determine or verify Your Credential Information. We reserve the right to carry out re-verification of Credential Information as and when required, and the above rights and commitments will extend to re-verification as well.
To avail of the services through mobile app, you must download the App from ‘Google Play’ or ‘Apple Store’ (which are third party applications, the use and access of which will be subject to Google’s Terms of Service or Apple’s Terms and Conditions respectively) and install the App onto your communication device. To install and/or use the App, you will need a communication device that meets certain technical requirements, which may change from time to time, a working internet connection and compatible software, for all of which you are solely responsible. Once you successfully install the App on your communication device, you have to provide certain information about yourself as requested when you attempt to register with us and start using the Service.
To use the services, You will be required to authenticate your identity using a one-time password (“OTP”) as a confirmation code, which will be transmitted to your mobile number provided to us when you seek to register with us through the short message service (“SMS”). If you cannot provide the OTP when required to do so or the authentication through the OTP fails, you may not be able to register with us and/or avail of the Service. However, you may still be able to access and use the Service always subject to these Terms
When you register with us and/or access or use the Service, you confirm that you have provided accurate, current and complete information about yourself and that you will keep all such information current, complete and accurate at all times for as long as you use the Service. All the data and information that you provide or that is collected from your access/use of the Service shall be treated and protected in accordance with our privacy policy ( https://www.medikonet.com/privacy-policy ) which is deemed a part of these Terms.
Your registration with us and/or your right to access the Service is personal to you and you may not transfer this to anyone else. You may not use anyone else’s account at any time. You understand that anyone with access to your communication device may use your account and therefore, you should ensure that you have appropriate security measures on your communication device to prevent unauthorised use of your account with the Service. You will be solely responsible for any and all activities that occur under your account with us and we will not be liable for any loss or damage that may occur as a result of someone else using the Service through your account with us or obtaining your personal information from your communication device, either with or without your knowledge. If you become aware of any unauthorized use of your account with us, please notify us by writing to support@medikonet.com with the title “Unauthorized Use of Account” and we will initiate action to stop further access under the said account.
We reserve the right to terminate your registration and / or refuse to register you or to provide you with access to the Service, without notice, if we have reasonable cause to believe that you are in violation of or are likely to violate these Terms.
1.4.2 Safeguards.
a) You will implement and maintain appropriate administrative, physical and technical safeguards to protect the System from access, use or alteration; and You will always use the User ID assigned to You.
b) You will immediately notify Us of any breach or suspected breach of the security of the System of which You become aware, or any unauthorized use or disclosure of information within or obtained from the System, and You will take such action to mitigate the breach or suspected breach as We may direct, and will cooperate with Us in investigating and mitigating such breach.
iii) No Third-Party Access. You will not permit any third party to have access to the System or to use the System or the Services without Our prior written consent. You will not allow any third party to access the System or provide information to Registered Users/ Non-Registered Users on the Website. You will promptly notify Us of any order or demand for compulsory disclosure of health information if the disclosure requires access to or use of the System or Services.
1.5 Compliance
i) You are solely responsible for ensuring that Your use of the MedikoNet Platform complies with applicable law. You will also ensure that Your use of the MedikoNet Plaform is always in accordance with the terms of the Agreement. You will not undertake or permit any unlawful use of the MedikoNet platform
ii) You shall keep Your Credential Information updated and will inform Us immediately should any portion of Your Credential Information be revoked, is cancelled or expires.
a) Users: The MedikoNet Platform is accessible to visitors / non-registered users, registered users, healthcare practitioners, Pharmacies and Diagnostic Centres. "Registered Users" are users who have registered themselves an account on the MedikoNet Platform by providing MedikoNet with certain information and who can log on to the MedikoNet Platform by providing their username and password/OTP. "Non-Registered Users" are users who are not registered with the MedikoNet but may access information on the MedikoNet Platform. Certain features of the MedikoNet Platform are available to Registered Users only. "Health Care Practitioners" or "HCPs" are duly qualified members of medical or dental profession and also includes physiotherapist, chiropractors, Nurses and many more by whatever name called related to and registered as Health Care practitioners (a) with whom Registered Users can book appointment using the MedikoNet Platform or (b) who can provide information to questions raised by Registered Users or (c) with whom Registered Users can consult privately with respect to their queries or d) who can generate and provide health related information and education material for general use of Registered Users. "Diagnostic Labs" are registered Diagnostic Labs which are on-boarded by MedikoNet that collect patient samples from Registered Users for the purpose of conducting pathological tests and varied diagnostic services referred to as "Lab Tests”. “Pharmacies” are those pharmacies/chemists/drug stores who are registered including those which work in hospitals and other healthcare facilities and are on-boarded by MedikoNet.
b) Registered Users, Non-Registered Users, HCPs, professionals running authorised Diagnostic Labs and pharmacies on MedikoNet Platform shall collectively be referred to as "Users.
c) Registered HCPs, Pharmacies, Diagnostic Centres providing services on MedikoNet Platform shall collectively be referred to as “Service Providers”
2.1 Listing algorithm and ranking
MedikoNet’s search algorithm for the service providers is a fully automated system that lists the service providers, their profile and information regarding their products/practice on MedikoNet Platform. These listings of service providers do not represent any fixed objective ranking or endorsement by MedikoNet. MedikoNet will not be liable for any change in the relevance of the service providers on search results, which may take place from time to time. The listing of service providers 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. MedikoNet in no event will be held responsible for the accuracy and the relevancy of the listing order of the service providers on the MedikoNet Platform.
2.2 Features of the MedikoNet Platform: The MedikoNet Platform offers the following features:
2.2.1 For Registered Users:-
a) Platform for displaying credentials of HCPs and services provided to the general public without disclosing name of the user who have availed services and who rate their services rendered subject to the terms and condition herein after provided. Search for practitioners by speciality, service offered, rating or any other criteria that may be developed and made available by MedikoNet.
b) Platform for obtaining generic and preliminary information from HCP to a health related question: You may ask any health related question on the MedikoNet Platform and obtain preliminary and generic information to such question from a HCP. Your identity is not disclosed to the HCPs or other Registered Users at this stage.
c) Platform for viewing generic and preliminary information of HCP on questions submitted by other Registered Users: You may access the information provided by an HCP to questions submitted by other Registered Users on the Website.
d) Platform to schedule in-person appointment with HCP: You may use MedikoNet Platform to schedule an in-person appointment with HCP at the HCP's premises or book appointment on emergency basis as the case may be. Platform to interact with HCP privately: You may interact with an HCP privately on the chat (interact with health Care through Chatbot) feature, Video or via phone call available on the Website or via other communication feature which the MedikoNet Platform may provide after paying applicable consultation fee published by the HCP on the MedikoNet Platform.
e) Platform to order Lab Tests from Diagnostic Labs: You may use the MedikoNet Platform to order Lab Tests from Diagnostic Labs. The MedikoNet Platform allows you book an appointment with your preferred Diagnostic Lab for sample collection or schedule a sample pick-up at your home, which will be used by a Diagnostic Lab to conduct a Lab Test and share the results of such Lab Test with You through the MedikoNet Platform and/or any third party platform used by the Diagnostic Lab for such purposes. Visit https://www.medikonet.com/landing to learn more about the Lab Tests that are offered on the MedikoNet
2.2.2 For Non-Registered Users:
a) Access to HCP Profiles: Depending on the extent of information shared by HCPs at the time of registering with the MedikoNet Platform, the HCPs' profile containing their name, qualification, experience, specialization, consultation fees, personal statement, education, professional memberships etc. can be accessed by You. The MedikoNet Platform offers various search features to aid You in accessing HCP profiles.
b) Access to HCP Availability for in-person appointment: Based on information communicated by HCP, the MedikoNet Platform shows indicative appointment slots available for in-person consultation at HCP's premises/Clinics.
c) Access profiles of Pharmacies and Diagnostics centres registered on MedikoNet Platform. Depending on the extent of information shared by Pharmacies and Diagnostics centres at the time of registering with the MedikoNet Platform, the Pharmacies and Diagnostics centres profile containing their name, experience, specialization, test/product prices, professional memberships etc. can be accessed by You. The MedikoNet Platform offers various search features to aid You in accessing Pharmacies and Diagnostics centres profiles.
d) Provide your contact number to request a call back from MedikoNet for booking an appointment with your preferred HCPs or Diagnostics centres.
2.2.3 For HCPs:
a) Platform to publish profile: You may upload Your profile containing Your name, qualification, experience, specialization, consultation fees, personal statement, education, professional memberships etc. on Website. Your profile is accessible to all Registered as well as Non-Registered Users.
b) Platform for private interaction: You may use MedikoNet Platform for private interaction with Registered Users. In course of the private interaction, You can exchange texts, images, videos over the chat feature of the MedikoNet Platform and communicate through other means provided by the MedikoNet such as calls or Voice calls or video calls.
c) Platform to receive consultation fees. You may use the MedikoNet Platform to receive fees for Your interactions with Registered User/s.
d) Platform to provide information to health related questions submitted by Registered Users: You may provide Your preliminary and generic information to health related questions submitted by Registered Users.
e) Platform to publish HCP-contributed health related information and education material which includes uploading prescription issued after in-clinic consultation: You may contribute health related information and education material which MedikoNet may, with or without modification, in its sole discretion, publish on its MedikoNet Platform.
2.2.4 For Pharmacies
a) Platform to publish profile: You may upload profile of your registered Wellness Products containing name of the Wellness Products, address, experience, specialization, products etc. on MedikoNet Platform. Your pharmacy profile is accessible to all Registered as well as Non-Registered Users.
b) Platform to receive payments. You may use the MedikoNet Platform to receive payments for providing various services.
2.2.5 For Diagnostic Labs:
a) Platform to publish profile: You may upload profile of your registered Diagnostic Lab containing name of the Diagnostic Lab, address, experience, specialization, test prices etc. on MedikoNet Platform. Your Diagnostic Laboratory profile is accessible to all Registered as well as Non-Registered Users.
b) Platform to receive payments. You may use the MedikoNet Platform to receive payments for providing diagnostic services (Lab Tests) to the registered user/s.
2.3 Types of content on the MedikoNet Platform:
The various types of content available on the MedikoNet Platform may be categorized as follows:
a) Content provided by Registered Users including questions provided by Registered Users and interactions in the course of private interactions with HCPs ("User Content")
b) Content provided by HCP including health related information and educational material; and information provided by way of responses to questions raised by Registered Users or in course of private interactions with Registered Users ("HCP Content");
c) Content provided by Diagnostic Labs including instructions, results, reports and any other information relating to Lab Tests ("Lab Content").
d) Content provided by Pharmacies and Diagnostic centres including instructions, medicine details and any other information relating to Pharmacies “Wellness Products Content”
f) HCP content, Pharmacies content, Diagnostic Centre shall collectively be referred to as “Service Providers Content”
g) Content which MedikoNet (through itself or its contractors) has generated or procured for the MedikoNet Platform ("MedikoNet Content)
2.4 USE OF THE MedikoNet Platform
2.4.1Use by all Users (Registered, Non-Registered User and Service Providers)
a) You will use the MedikoNet Platform and the features provided the use is only in relation to and in compliance with all applicable Indian laws. You will not use this MedikoNet Platform or any feature provided by it for any purposes not intended under this Agreement.
b) You will not deliberately use the MedikoNet Platform in any way that is unlawful or harms MedikoNet, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the MedikoNet Platform.
c) You understand that as part of Your registration process as well as in course of Your use of the MedikoNet Platform, You may receive SMS messages from MedikoNet on Your registered mobile number. These messages will relate to Your registration, transactions that You carry out through the MedikoNet Platform and any such information found suitable of Your attention by MedikoNet. Please note that MedikoNet will send these SMS messages only to the mobile number that You provide on the MedikoNet Platform. It is Your responsibility to ensure that You provide the correct number for the transaction You wish to enter into. Further, MedikoNet may also send notifications and reminders to You with respect to appointments scheduled by You for the features that You may be using on the MedikoNet Platform. You hereby consent to receive such messages from MedikoNet.
d) By using the MedikoNet Platform and/or registering yourself at MedikoNet you authorize us to contact you via email or phone call or SMS and offer you services for the product you have opted for, imparting product knowledge, offer promotional offers running on MedikoNet Platform, for which reasons, personally identifiable information may be collected. And Irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from the MedikoNet for the above mentioned purposes till 45 days of your engagement with us.
2.4.2 Use by Registered User
a) You acknowledge that this MedikoNet Platform is an informative platform and intermediary platform for interaction between health care providers and patients seeking health care services. MedikoNet is not in the business of providing healthcare service or hospital services.
b) We encourage You to independently verify any information You see on the MedikoNet Platform including information provided by a Service Provider. You will use the MedikoNet Platform and the features provided by it only in relation to and in compliance with all applicable Indian laws. You will not use this MedikoNet Platform or any feature provided by the MedikoNet Platform for any purposes not intended under this Agreement.
c) The MedikoNet Platform allows You to select and schedule appointments with HCPs. In doing so, MedikoNet can help providing You with lists and/or profile previews of HCPs who may be suitable to deliver the health care that You are seeking based on information that You provide to MedikoNet (such as area of specialty and geographical location).
d) Please note that MedikoNet (i) does not recommend or endorse any HCPs, pharmacies, Diagnostic Centres on the MedikoNet Platform; and (ii) does not make any representations or warranties with respect to HCPs, pharmacies, Diagnostic Centres or the quality of the healthcare services they may provide, and (iii) does not grade Service Providers which are avaible or may be available in future on the MedikoNet Platform.
e) You may schedule an appointment on the MedikoNet Platform for Your family members and friends. However please note that such You will be solely responsible for any activity that is undertaken through his/her account on behalf of his/her family members and friends.
f) You have the option of uploading Your identifiable health information including physical, physiological and mental health condition, and medical records and history on the MedikoNet Platform which may be accessed by the Service Provider at the time of providing You the requested service.
g) MedikoNet will also collect the consultation fee payable to the HCP in advance on behalf of HCP and pay to HCP after deducting “MedikoNet Service Fees” from the consultation fee published by the HPC on the MedikoNet Platform.
h) You may use the MedikoNet Platform to order Lab Tests from Diagnostics Labs. The Website allows You to schedule an appointment with lab for sample collection or time for a home sample collection and pay the corresponding Lab Test fee. If you cancel a Lab Test order prior to the sample collection, you will receive a full refund of the Lab Test fee. If you cancel a Lab Test after the sample collection by the phlebotomist you will not receive any refund for the Lab Test fee. The booking before Diagnostic can be cancelled anytime and refund shall be done as per the refund policy in case tests are not performed/ cancelled within 24 Hours of the booking date. However any deposit collected for special biomolecules and radioactive molecules specially ordering for a patient, needful deductions shall be done before refunding any such amounts
2.4.3 Use by Non-Registered User
a) MedikoNet will provide You with lists and/or profile previews of Service Providers based on information that You provide to the MedikoNet Platforms search features (such as area of specialty and geographical location). Please note that MedikoNet (i) does not recommend or endorse any Service Provider mentioned on the MedikoNet Platform; and (ii) does not make any representations or warranties with respect to these Service Providers or the quality of the healthcare services they may provide.
3.1 MedikoNet's role is limited to a) providing a platform for hosting and publishing User Content and Service Providers Content or any other content described herein above ( herein after called “Contents” and wherever Service Provider is solely used will include and mean every “Content” b) providing a platform for Registered Users to raise health related questions and HCP's to provide preliminary and generic information to the questions c) providing a platform for private interaction between Registered User and HCP d) providing a platform to find HCPs based on Registered User's inputs and HCP profiles created by HCPs themselves and e) providing a platform for Registered Users to order products/services online f) facilitating collection and disbursal of consultation and service fees/product prices for Service Providers.
3.2 MedikoNet's role is that of an 'intermediary' as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, MedikoNet has no responsibility and / or liability in respect of the content and transactions on the MedikoNet Platform including any User Content, Service providers content, information provided by Service Providers, interactions between Service Providers on the one hand and Users on the other hand.
3.3 MedikoNet does not have the obligation to pre-screen or monitor User Content, Service Providers Content at any time. However MedikoNet may elect to monitor any User Content or Service Providers Content and remove any User Content and Service providers content from the MedikoNet Platform if MedikoNet determines in its sole discretion that such User Content and/or Service Providers Content is in violation of this Agreement or any applicable law and best practices. Where MedikoNet removes any User Content or Service Providers Content from the MedikoNet Platform, MedikoNet will make reasonable efforts to inform the User or Service Provider who had posted such User Content or Service Provider Content respectively. Such actions do not in manner negate or dilute MedikoNet's position as an intermediary or impose any liability on MedikoNet with respect to User Content and/or Service Provider Content.
3.4 Service Providers registered with us have represented that they are duly certified / licensed and have the necessary equipment, qualified personnel, experience and expertise to provide their services. While we make reasonable enquiries to confirm the veracity of this representation made to us by the service providers, we shall not be responsible for any misrepresentation or fraud in this regard.
3.5 If MedikoNet suspects any illegal, wrongful or fraudulent activity on the MedikoNet Platform by any Registered User or Service Provider, notwithstanding any other rights MedikoNet may have, MedikoNet reserves the right to inform the relevant government or law enforcement authorities. MedikoNet will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
3.13 MedikoNet does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.
MedikoNet respects the intellectual property rights of others, and We expect the same from You. The MedikoNet Platform, User Content, Service Providers content more particularly “Content” and the MedikoNet Content are protected by applicable intellectual property laws of United States India.
4.1 MedikoNet’s Rights to the MedikoNet Platform and MedikoNet Content
a) All intellectual property in and to the MedikoNet Platform, any software, techniques and processes used in connection with the MedikoNet Platform, belongs exclusively to MedikoNet or its licensors. Through Your use of the MedikoNet Platform, by no means are any rights impliedly or expressly granted by MedikoNet to You in respect of such works.
b) MedikoNet and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the MedikoNet Platform. Notwithstanding the generality of the foregoing, the name, MedikoNet is the trademark and copyright (or any other intellectual property right) of MedikoNet and/or its licensors. Any use of the MedikoNet's trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of MedikoNet and may be actionable under the applicable laws.
c) Except as stated otherwise in this Agreement all MedikoNet Content (including all intellectual property rights to such content) is owned exclusively by MedikoNet and/or its licensors.
d) Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
e) Unless expressly authorized by MedikoNet, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the MedikoNet Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
4.2 Rights in User Content And Service Providers Content
a) You agree that You are the owner of all rights (including all intellectual property rights) in the User Content (in case You are a Registered User) or Service Provider Content (in case You are a Service provider registered on MedikoNet Platform) that You post on the MedikoNet Platform or provide to MedikoNet.
b) You hereby grant MedikoNet a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content (in case You are a Registered User) or Service Provider Content (in case You are a Service provider registered on MedikoNet Platform) including the right to copy, distribute, display, reproduce, modify, adapt, the User Content or Service Provider Content, as the case may me, and create derivate works of the User Content or Service Provider Content, as the case may be.
a) We may collect various personal information from You when You use the MedikoNet Platform and or the features provided by the MedikoNet Platform.
b) Our Privacy Policy available at https://www.medikonet.com/privacy-policy sets out Our policy with respect to the collection, storage, use, transfer and protection of any such personal information.
c) When You click on the 'I accept' or 'I agree' tab at the time of registering or otherwise provide Your personal information, You specifically consent to Our Privacy Policy.
d) MedikoNet may disclose Your Personal Information in accordance with applicable law.
e) Service Providers’ personally identifiable information, which they choose to provide to MedikoNet , is used to help the Service Providers describe and identify themselves. This information is exclusively owned by MedikoNet You will be the owner of your information and you consent to MedikoNet collecting, using, processing and/or disclosing this information for the purposes hereinafter stated. MedikoNet may use such information for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. MedikoNet also reserves the right to use information provided by or about the Service Provider for the following purposes:
• Publishing such information on the MedikoNet Platform.
• Contacting Service Providers for offering new products or services subject to the telephone number registered with the DNC Registry.
• Contacting Service Providers for taking product feedback.
• Analyzing software usage patterns for improving product design and utility.
• Analyzing anonymized practice information including financial, and inventory information for commercial use.
6.1 Interaction with HCP on the MedikoNet Platform:
a) You understand and agree that any interactions and associated issues with the HCP(s) on the MedikoNet Platform, is strictly between You and the HCP(s). You shall not hold MedikoNet responsible for any such interactions and associated issues. MedikoNet is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between You and the HCP You interact with. If You decide to engage with a HCP to provide medical services to You, You do so at Your own risk.
b) The results of any search You perform on the MedikoNet Platform for HCPs, or provision of access to any HCP on the basis of Your specific request, should not be construed as endorsement by this MedikoNet Platform of any such particular HCP. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of the HCP. The search results are based on an object computer algorithm.
c) MedikoNet shall not be responsible for any breach of service or service deficiency by any HCP.
d) We can neither assure that all transactions on the MedikoNet Platform will be completed nor do We guarantee the ability or intent of HCP to fulfil their obligations in any transaction. We advise You to perform Your own investigation prior to selecting a HCP.
6.2 Interaction with third parties on the MedikoNet Platform:
a) You understand and agree that any interactions and associated issues with the Pharmacies & Diagnostic Centres on the MedikoNet Platform, is strictly between You and the Lab(s), Pharmacies & Diagnostic Centres. You shall not hold MedikoNet responsible for any such interactions and associated issues. MedikoNet is not involved in the providing any healthcare or medical advice, Medicines or diagnosis and hence is not responsible for any outcome between You and the Lab , Pharmacies & Diagnostic Centres You interact with. If You decide to engage with a Lab to provide diagnostic services to You, You do so at Your own risk.
b) We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, or expertise of any Pharmacies & Diagnostic Centres
c) MedikoNet shall not be responsible for any breach of service or service deficiency by any Service Provider or any “Contents”.
d) We can neither assure that all transactions on the MedikoNet Platform will be completed nor do We guarantee the ability or intent of a Service Provider to fulfil their obligations in any transaction. We advise You to perform Your own investigation prior to raising any service request on the MedikoNet Platform.
6.3 Clinical Support Information:
We may provide information to assist You in clinical decision-making. This may include information and reminders concerning drug interactions, lab and diagnostic services, allergies, dosages, as well as general health-care related information and resources. The information and materials available through the MedikoNet Platform are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute professional judgment. Information that may be placed on the MedikoNet Platform by third parties, including Service Provider Content, and Lab Content, is beyond Our control. We are not responsible for the accuracy or completeness of information available from or through Our MedikoNet Platform. You assume full risk and responsibility for the use of information You obtain from or through MedikoNet Platform, and You agree that MedikoNet is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any Service Provider or health-related products, items or services, and the appearance of materials on the MedikoNet Platform relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the information on the MedikoNet Platform, and to make an independent determination of their suitability for Your use. We make no guarantees, representations or warranties, whether expressed or implied, with respect to information provided on the MedikoNet Platform
6.4 Information regarding Service Providers and practice information:
Information regarding Service Providers and practice information found on the MedikoNet Platform is intended for general reference purposes only. Such information found on the MedikoNet Platform is mainly self-reported by the Service Providers. Such information often changes frequently and may become out of date or inaccurate. Neither the MedikoNet Platform nor MedikoNet provides any advice or qualification certification about any particular Service Provider or any “Content”. You are encouraged to independently verify any such information You see on the MedikoNet Platform with respect to a Service Provider that You seek to raise a service request with.
6.5 No Professional Relationship:
Please note that some of the content including text, data, graphics, images, information, suggestions, guidance, and other material that may be available on the MedikoNet Platform (including information provided in direct response to Your questions or postings) may be provided by Service Providers. The provision of such content to You by MedikoNet does not constitute delivery of health care or diagnostic services to You and does not create a professional relationship between MedikoNet and You.
6.6 No Medical Advice Provided:
The content provided by the MedikoNet Platform, either by MedikoNet or by Service Providers, should not be construed under any circumstances to be 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 practitioner or facilitate You with other related medical services. If You rely on any of the Information provided by the MedikoNet Platform, You do so solely at Your own risk. The Information that You obtain or receive from MedikoNet, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the MedikoNet Platform is for informational and scheduling purposes only. 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.
6.7 Non-substitution of professional medical advice:
The Information provided on the MedikoNet Platform and in any other communications from or provided through MedikoNet is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of advice that You may have obtained through the MedikoNet Platform. Your use of Information provided on the MedikoNet Platform is solely at Your own risk. Nothing stated or posted on the MedikoNet Platform or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. You acknowledge and confirm that MedikoNet shall not be responsible for Your treatment or be treated as a health care provider on account of collection of the consultation fees for private consultation by HCP or collection of fees for Lab Tests by Diagnostic Labs, for any reason whatsoever.
6.8 MedikoNet disclaims any representation and/or warranty for the security, reliability, quality, timeliness, and performance of (i) the MedikoNet Platform and its features; (ii) hcp who responds to question of a registered user or who interacts privately with a registered user; (iii) any information, content or advice available on or received through the MedikoNet Platform (iv) access to or alteration of user content or Service Provider content (v) transmissions or data and (vi) the accuracy of any lab content including lab test results (vii)any other matter relating to the MedikoNet Platform and / or services.
6.9 MedikoNet makes no warranty or representation that any errors in the MedikoNet Platform will be corrected except as required by law.
6.10 MedikoNet assumes no responsibility and/or liability with respect to any user content, Service Provider Content (as applicable) which you may post on the MedikoNet Platform and you are solely responsible for such content posted on the site.
6.11 you agree that the open and real-time nature of the platform make it impossible for MedikoNet to vouch for the validity, authenticity and honesty of user content or Service Provider content. MedikoNet is not responsible for any user content or Service Provider content on the MedikoNet platform, or for the consequences of you reading or relying on such content.
6.12 The MedikoNet Platform is provided on a " as is" and "as available" basis. Neither MedikoNet nor any third party service providers are liable for any technical or other operational difficulties or problems which may result in loss of your data, personalization settings or other interruptions in the features offered on the MedikoNet Platform. neither MedikoNet nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any user content, Service Provider, MedikoNet content or your personalization settings.
6.13 MedikoNet does not provide any guarantee and shall not be held liable or responsible for the failure to send sms or other notifications or reminders to you as a feature of the MedikoNet Platform.
6.14 Neither the HCPs, Service Providers nor MedikoNet shall be responsible or liable for any breach or loss of data including Personal Information caused due to events beyond the control of HCPs /Service Providers/ MedikoNet or due to technical reasons or third party actions.
6.15 You acknowledge that access to the MedikoNet Platform will be provided over various facilities and communication lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (collectively, "carrier lines") owned, maintained, and serviced by third-party carriers, utilities, and internet service providers, all of which are beyond our control. we assume no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the carrier lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the carrier lines. use of the carrier lines is solely at your risk and is subject to all applicable local, state, national, and international laws.
6.16 The MedikoNet Platform , access to the MedikoNet Platform and the information contained on the MedikoNet Platform is provided "as is" and "as available" basis without any warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. you are solely responsible for any and all acts or omissions taken or made in reliance on the system or the information in the system, including inaccurate or incomplete information. it is expressly agreed that in no event shall we be liable for any special, indirect, consequential, remote or exemplary damages, including but not limited to, loss of profits or revenues, loss of use, or loss of information or data, whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability, or any other theory of liability, even if we have been apprised of the possibility or likelihood of such damages occurring. we disclaim any and all liability for erroneous transmissions and loss of service resulting from communication failures by telecommunication service providers or the system.
6.17 You acknowledge that other users have access to the MedikoNet Platform and are receiving our services. such other users have committed to comply with the terms of this agreement and our other policies and procedures concerning use of the MedikoNet Platform; however, the actions of such other users are beyond our control. accordingly, we do not assume any liability for or relating to any impairment of the privacy, security, confidentiality, integrity, availability, or restricted use of any information on the system resulting from any users' actions or failures to act.
6.18 We are not responsible for unauthorized access to your, data, facilities or equipment by individuals or entities using the MedikoNet Platform or for unauthorized access to, alteration, theft, corruption, loss or destruction of your, data files, programs, procedures, or information through the MedikoNet Platform, whether by accident, fraudulent means or devices, or any other means. You are solely responsible for validating the accuracy of all output and reports, and for protecting your data and programs from loss by implementing appropriate security measures, including routine backup procedures. You hereby waive any damages occasioned by lost or corrupt data, incorrect reports, or incorrect data files resulting from programming error, operator error, equipment or software malfunction, security violations, or the use of third-party software. We are not responsible for the content of any information transmitted or received through our provision of the services.
6.19 We expressly disclaim any liability for the consequences to you arising because of your use of the services on MedikoNet Platform.
6.20 We do not warrant that your use of the MedikoNet Platform and the services under these terms will not violate any law or regulation applicable to you.
MedikoNet reserves the right, in the event it finds out in its sole discretion that You breached the Agreement, to suspend and / or terminate Your user account and/or access to the MedikoNet Platform by blocking Your IP address, User ID, mobile no or email id with or without notice to You. We may suspend Your Services immediately pending Your cure of any breach of these Terms, or in the event We determine in Our sole discretion that access to or use of the MedikoNet Platform by You may jeopardize the System or the confidentiality, privacy, security, integrity or availability of information within the System, or that You have jeopardized or may jeopardize the rights of any third party, or that any person is or may be making unauthorized use of the System with any User ID assigned to You.
c) You may also terminate our Services at any time without cause upon thirty (30) days prior written notice.
d) We may update or change the Services and/or the Terms and/ or the Service Fee set forth in this agreement from time to time and recommend that You review these Terms on a regular basis. You understand and agree that Your continued use of the Services after the Terms has been updated or changed constitutes Your acceptance of the revised agreement Terms. Without limiting the foregoing, if We make a change to these agreement Terms that materially affects Your use of the Services, We may post notice on the MedikoNet Platform or notify You via email of any such change.
e) Termination, Suspension or Amendment as a result of applicable laws - Notwithstanding anything to the contrary in these Terms , We have the right, on providing notice to You, immediately to terminate, suspend, or amend the provision of the Services without liability: (a) to comply with any order issued or proposed to be issued by any governmental agency; (b) to comply with any provision of law, any standard of participation in any reimbursement program, or any accreditation standard; or (c) if performance of any term of these Terms by either Party would cause it to be in violation of law.
f) We may terminate the provision of Services to You through the MedikoNet Platform immediately upon notice to You: (i) if You are named as a defendant in a criminal proceeding for a violation of federal or state law; (ii) if a finding or stipulation is made or entered into that You have violated any standard or requirement of federal or state law relating to the privacy or security of health information is made in any administrative or civil proceeding; or (iii) You cease to be qualified to provide services as a health care professional, or We are unable to verify Your qualifications as notified to Us under these Service Provider Terms.
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India.
a) MedikoNet reserves the right to modify any part of the Agreement at any time without giving You prior notice.
b) When We update the Agreement, the next time You visit the MedikoNet Platform, the MedikoNet Platform will provide a message to you (which may also be sent by email if You have provided Your Email Id) which will intimate You of the amendments. You do not agree to the amendments, please do not use the MedikoNet Platform any further.
a) Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the MedikoNet Platform or its features or the information to which it gives access, shall be determined by arbitration in India, before a single arbitrator in accordance with the London Court of International Arbitration, India Arbitration Rules (LCIA Rules), which LCIA Rules are deemed to be incorporated by reference into this Agreement. The venue of such arbitration shall be Srinagar, Kashmir J&K India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
b) The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
11.1 Severability:
If any provision of this 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 the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as 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.
11.2 Notices:
All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to MedikoNet:
MedikoNet Private Limited
(Registered Address)
If to You:
at the email address provided by You to us when You registered as a MedikoNet User.
11.3 Waiver:
No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
11.4 Complete Understanding:
The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
11.5 Force Majeure:
MedikoNet shall not be liable for any downtime or delay or unavailability of the MedikoNet Platform caused by circumstances beyond MedikoNet's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
11.6 Advice of Counsel:
Each Party acknowledges: (a) having fully read the Agreement in its entirety; (b) having had full opportunity to study and review the Agreement.
11.7 Advertisement:
MedikoNet shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the MedikoNet Platform.
11.8 Assignment:
You may not assign or sub-license, without the prior written consent of MedikoNet, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
11.9 Conflict:
In the event there is any conflict between the terms set out in these Terms of use, the Privacy Policy, the Additional Terms of conditions for HCPs and any other policies applicable to specific pages of the MedikoNet Platform, the following order of prevalence shall apply: (i) the Privacy Policy (ii) these Terms of use, (iii) the Additional Terms of conditions for HCPs and (iv) any other policies applicable to specific pages of the MedikoNet Platform.
11.10 Grant of Rights
(i) Subject to the terms of the Agreement, we grant to You and You accept a non-exclusive, personal, non-transferable, limited right to have access to and to use the MedikoNet Platform for the duration of Your engagement with Us.
The aforementioned right does not extend to : (a) use the MedikoNet Platform for time-sharing, rental or service bureau purposes; (b) make the MedikoNet Platform, in whole or in part, available to any other person, entity or business; (c) modify the contents of the MedikoNet Platform or use such content for any commercial purpose, or any public display, performance, sale or rental other than envisaged in the Agreement; (c) copy, reverse engineer, decompile or disassemble the MedikoNet Platform or the MedikoNet Platform, in whole or in part, or otherwise attempt to discover the source code to the software used in the MedikoNet Platform; or (d) modify the MedikoNet Platform or associated software or combine the MedikoNet Platform with any other software or services not provided or approved by Us. You will obtain no rights to the MedikoNet Platform except for the limited rights to use the MedikoNet Platform expressly granted by these HCP Terms.
(ii) The MedikoNet Platform may links or references which direct you to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively referred to as "Third Party Websites"). Links to such Third Party Websites are provided for your convenience only. Please exercise your independent judgment and prudence when visiting / using any Third Party Websites via a link available on the MedikoNet Platform.
Should You decide to click on the links to visit such Third Party Website, You do so of Your own volition. Your usage of such Third Party MedikoNet Platform and all content available on such Third Party Websites is subject to the terms of use of the respective Third Party Website and we is not responsible for Your use of any Third Party Websites
11.11 User information
(i) You hereby acknowledge that You may get access to User Information including identifiable health related information. You represent and warrant that You will, at all times during the use of the Services and thereafter, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the collection, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of User Information, including but not limited to the Information Technology Act, 2000 and The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 made thereunder.,
(ii) Notwithstanding the generality of the aforementioned provision
(a) You acknowledge that You have read, understood and agree to comply with MedikoNet's Privacy Policy available at https://www.medikonet.com/privacy-policy when dealing with User Information.
(b) You represent and warrant that You will not use the User Information of Registered Users and Non-Registered Users for any other purpose than for providing information to such Registered Users and Non-Registered Users and /or fixing appointments with the Registered Users.
11.12 Cooperation
(i) You will cooperate with Us in the administration of the MedikoNet Platform, including providing reasonable assistance in evaluating the MedikoNet Platform and collecting and reporting data requested by Us for the purposes of administering the MedikoNet Platform.
(ii) We may provide Your reference to other potential users of the MedikoNet Platform as a referral to Our Services. In case You would not like to be contacted by potential users, You can send Us an email at admin@MedikoNet.com regarding the same. We shall cease providing Your reference to potential users within 48 hours of receipt of such written request.
11.13 Providing Physician Data
You agree that We may provide de-identified health information and other information including Your personal information and information concerning Your practice to any medical group, independent practice association of physicians, health plan or other organization including any organization with which You have a contract to provide medical services, or to whose members or enrollees You provide medical services. Such information may identify You, but will not identify any individual to whom You provide services. Such information may include (without limitation) aggregate data concerning Your patients, diagnoses, procedures, test results, orders etc.
11.14 Intellectual Property Rights
All intellectual property rights in and title to the System, the present or future modifications / upgradations thereof and standard enhancements thereto shall remain the property of MedikoNet and its licensors. These Service Provider Terms or the Agreement do not and shall not transfer any ownership or proprietary interest in the System from MedikoNet to You, except as may be otherwise expressly provided in these Service Provider Terms or as may be agreed to by and between MedikoNet and You.
11.15 Fees and Charges
(i) You will be obligated to pay Us Our standard service fee (the "Service Fee") for the Services to which You have access on MedikoNet Platform during Your subscription to the System and Our Services. You also agree to pay, Our then current rates, our Standard subscription fee (the “Subscription fee”) that may be applicable for all services that You have access on MedikoNet Platform during Your subscription to the System and Our Services. request from Us and that are not included in Our standard services ("Miscellaneous Charges"). We will notify You of the Service Fee and subscription fee and Miscellaneous Charges when You are granted access to a service. and We will notify You of the applicable Miscellaneous Charges before providing services to which a Miscellaneous Charge will apply.
(ii) You understand and acknowledge that We follow a prepay payment model for Our subscription Services. Accordingly, Your access to the Services can be limited or suspended or terminated in case You are unable to pay a subscription fee maintain any credit balance in Your Account which you may have agreed to at the time of subscription ("Non Payment State"). MedikoNet reserves the right to charge additional charges ("Activation Fees") in case Your subscription Services need to be restored after being suspended for non-payment.
(iii) All charges and fees shall be exclusive of all state, municipal, or other government excise, sales, service, use, occupational, or like taxes now in force. We have a right to pass on any additional taxes or other state levies to You and You agree to pay any tax (excluding taxes on Our net income) that We may be required to collect or pay now or at any time in the future and that are imposed upon the sale or delivery of items and Services purchased under these Service Provider Terms.
(v) You are responsible for any charges You incur to use the System, such as telephone and equipment charges, and fees charged by third-party vendors of products and services.
(f) We reserve to change the terms applicable to fee at any point in time by giving You fifteen (15) days' prior intimation via email. The revised fee terms shall be automatically applicable to You after the fifteen (15) days' notice period. You agree that no separate confirmation or approval is required from You to amend the terms with regard to the fee.
(vi) We do not have any refunds policy for refunding subscription fee. You can stop payment of the Service Fees at any point in time to discontinue using Our Service. At such point, Your subscription shall last till the end of Your subscription period (a maximum of 30 days) and shall then be moved to Non Payment State.
(vii) The Service Provider Fees collected by MedikoNet on your behalf from Registered Users shall be disbursed to your bank within 45 days of the date of the completion of the consultation for which such Service Provider Fees were collected. You agree that the consultation shall be deemed to have been completed after expiry of fifteen (15) days from the date of the consultation. For the removal of doubts, a consultation shall be deemed to have been completed when the payee Registered User has been provided the level of consultation reasonably expected from you in consideration of the Service Provider Fees.
(viii) When We collect lump sum Service Provider Fees for multiple consultations which have been booked by the Registered Users:
a. You will deliver and complete all consultations which have been booked
b. the lump sum Service Provider Fees shall be deemed to have been delivered only after expiry of fifteen (15) days from the date of completion of the last consultation.
c. You will refund all amounts for which no consultation has been delivered.
(ix) You hereby grant Us written consent to collect, store, handle and use Your financial information such as bank account or credit card or debit card or other payment instrument details for the purpose of paying for Services and access to System in accordance with Our Privacy Policy.
(x) In case MedikoNet is of the opinion that the consultation provided by you to Registered User against the Service Provider Fees is unsatisfactory or deficient in some way, then it reserves the right to (a) where the corresponding Service Provider Fees is unpaid, forfeit the said fees or (b) where the corresponding Service Provider Fee is paid, (i) recover the corresponding Service Provider Fees by adjusting the amount equivalent to Service Provider Fees against any future payments that may be due or (ii) make a claim of the corresponding Service Provider Fees on you. You agree that upon receipt to a claim from MedikoNet, you will pay the amount to MedikoNet within fifteen (15) days from the date of the claim.
11.16 Confidential Information
(a) You will treat all information received from Us or any user information available on MedikoNet Platform as confidential. You may not disclose confidential information to any other person, and You may not use any confidential information except as provided herein. Except as otherwise provided in Terms of this agreement, You may not, without Our prior written consent, at any time, during or after the applicability of these Terms, directly or indirectly, divulge or disclose confidential information for any purpose or use confidential information for Your own benefit or for the purposes or benefit of any other person. You agree to hold all confidential information in strict confidence and to take all measures necessary to prevent unauthorized copying, use, or disclosure of confidential information, and to keep the confidential information from being disclosed into the public domain or into the possession of persons not bound to maintain confidentiality. You will disclose confidential information only to your employees, agents or contractors who have a need to use it for the purposes permitted under the Terms of this agreement only. You will inform all such recipients of the confidential nature of confidential information and will instruct them to deal with confidential information in accordance with these Service Provider Terms. You will promptly notify Us in writing of any improper disclosure, misappropriation, or misuse of the confidential information by any person, which may come to Your attention.
(b) You agree that We will suffer irreparable harm if You fail to comply with the obligations set forth in this Section 11.16, and You further agree that monetary damages will be inadequate to compensate Us for any such breach. Accordingly, You agree that We will, in addition to any other remedies available to Us at law or in equity, be entitled to seek injunctive relief to enforce the provisions hereof, immediately and without the necessity of posting a bond.
(c) This Section 11.16 will survive the termination or expiration of the terms in this agreement for any reason.
11.17 Limitation of liability
Notwithstanding the terms of this agreement, in the event MedikoNet should have any liability to you or any third party for any loss, harm or damage, you and MedikoNet agree that such liability shall under no circumstances exceed the value of any fees received by MedikoNet from you in the preceding twelve months or INR 5000 whichever is lower. You and MedikoNet agree that the foregoing limitation of liability is an agreed allocation of risk between you and MedikoNet. you acknowledge that without your assent to this section 11.17, MedikoNet would not provide You access to the MedikoNet Platform.
11.18 Indemnification
You agree to indemnify, defend, and hold harmless MedikoNet, Our and their affiliates, officers, directors, and agents, from and against any claim, cost or liability, including reasonable attorneys' fees, arising out of: (a) the use of the Services; (b) any breach by You of any representations, warranties or agreements contained in these Terms of use ; (c) the actions of any person gaining access to the Medikonet Platform under a User ID assigned to You; (d) the actions of anyone using a User ID, password or other unique identifier assigned to You that adversely affects the MedikoNet Platform or any information accessed through the it;
12.1 FOR HCPs
a. Summary of presenting illness
b. Provisional diagnosis
c. Medicine posology including side effects if any
d. Diagnostics
e. Lifestyle changes
f. Other instructions if any
g. Referral for physical consultation (if necessary)
Without limiting the generality of the foregoing, You represent that You shall not use the MedikoNet Platform in violation of any applicable laws including MCIs Code of Medical Ethics Regulations or any other code of conduct governed by your council. Notwithstanding the generality of the foregoing, You shall not use the System to
a) Interact with a Registered Users at the time of medical emergencies.
b) Discriminate in any way between appointments booked in the ordinary course and appointments booked through MedikoNet.
c) Boast of cases, operations, cures or remedies through MedikoNet Platform.
d) Directly or indirectly solicit Registered Users for consultation.
e) Claim to be a specialist, through System, Services or MedikoNet Platform, unless You have a special qualification in that branch.
f) Give any positive assertion or representation regarding the risk-free nature of communicating over online media.
g) You shall keep Your Credential Information updated and will inform Us immediately should any portion of Your Credential Information be revoked, is cancelled or expires.
12.2 For Diagnostic Service Providers
i. MedikoNet will provide to the Third Party Diagnostic Labs basic support for the Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Services available 24 (twenty-four) hours a day, 7 (seven) days a week, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond MedikoNet’s reasonable control, including without limitation Force Majeure Events (as defined herein below). MedikoNet will provide the Services only in accordance with applicable law(s) and government regulations.
ii. The Third Party Diagnostic Labs may not access the Services if the Third Party Diagnostic Labs are MedikoNet’s direct competitor, except with MedikoNet’s prior written consent. In addition, the Third Party Diagnostic Labs may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
iii. The Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Third Party Diagnostic Labs are permitted to make against MedikoNet’s application programming interface, and, other limitations dependent on the Third Party Diagnostic Labs plan, for example, number of SMS, or number of Users. Any such limitations are specified in the Third Party Diagnostic Labs plans. The Services provide real-time information to enable Third Party Diagnostic Labs to monitor such Third Party Diagnostic Labs compliance with such limitations.
iv. Notwithstanding anything to the contrary contained herein, Third Party Diagnostic Labs alone shall be liable for Third Party Diagnostic Labs dealings and interaction with the Users who avail the services of the Third Party Diagnostic Labs or diagnostic centres contacted or managed through the MedikoNet Platform and MedikoNet shall have no liability or responsibility in this regard. MedikoNet does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Third Party Diagnostic Labs or any diagnostic centre or any third party through the MedikoNet Platform. The Services should not be used for emergency appointment purposes.
v. Notwithstanding anything to the contrary contained herein, Third Party Diagnostic Labs alone shall be liable for dealings and interaction with Users contacted or managed through the MedikoNet Platform and MedikoNet shall have no liability or responsibility in this regard. MedikoNet does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the tests conducted and reports generated by the Third Party Diagnostic Labs.
vi. MedikoNet may, at its sole discretion, suspend Third Party Diagnostic Labs or Users ability to use or access the MedikoNet Platform at any time while MedikoNet investigates complaints or alleged violations of these Terms of Use, or for any other reason. MedikoNet has the right to edit profiles of Third Party Diagnostic Labs to make them more suitable for package searches on the MedikoNet Platform. If Third Party Diagnostic Labs and/ or Users find any wrong information on the MedikoNet Platform in relation to such Third Party Diagnostic Labs and/ or User, they can correct it themselves or contact MedikoNet immediately for such corrections. MedikoNet shall have no liability or responsibility in this regard.
15.1 Indicative List of Information by Nature of Service
a) End-Users using the MedikoNet Platform by registering for an account on the MedikoNet Platform:
You can create an account by giving us information regarding your [name, mobile number, email address], and such other information as requested on the End-User registration page. This is to enable us to provide you with the facility to use the account to book your appointments or use any other service and store other health related information.
Against every Practitioner listed on MedikoNet Platform, you may see a ‘Voice call/ Video Call’ option. When you choose this option, you choose to initiate a voice call or video call through a free telephony/video service provided by ‘MedikoNet’, and the records of such calls may be recorded and stored in ‘MedikoNet’ servers. Such call will have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. If you choose not to consent to recording of such call, ‘MedikoNet’ hereby reserves the right to not provide you such Services for which such Personal Information is sought. Such recordings are dealt with only in accordance with this Privacy Policy.
b) End-Users using the MedikoNet Platform without registering for an account on the MedikoNet Platform (i.e., ‘Guest’ End-User):
You can use the MedikoNet Platform without registering for an account, but to book an appointment or avail any other service, you may be asked certain information (including your [mobile number], and such other information as requested when you choose to use the Services without registration) to confirm the appointment.
MedikoNet and its licensors own the Site, Documentation and App, including any material or Content made available through the Service, including our proprietary algorithm, and all worldwide intellectual property rights in the foregoing. Except as expressly permitted herein, you may not copy, further develop, reproduce, re-publish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Service. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.
For any transaction which may be permitted by ‘MedikoNet’ from time to time, ‘MedikoNet’ S own records of such transactions maintained through computer systems or otherwise, shall be accepted as conclusive and binding for all purposes. The record of The Transaction as generated from the systems of ‘MedikoNet’ shall be conclusive proof of the genuineness and accuracy of such transactions.
‘MedikoNet’ owns and holds all the rights for the information, contents, audio, video, logos and trademarks contained in MedikoNet Platform. Any reproduction, modification, creation of derivate works, distribution, transmission, copying, selling, displaying, publishing or using any of the information, contents, audio, video, logos and trademarks contained in MedikoNet Platform for any purpose whatsoever, whether electronically or otherwise, without the prior written permission of ‘MedikoNet’ is strictly prohibited. Any violation of this provision would be strictly dealt with. You may download material displayed on MedikoNet Platform for your personal use only, provided that you also retain the clauses pertaining to all copyright and other proprietary notices contained in the materials.
You acknowledges and affirms that You shall not:
1. Engage in fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any use.
2. Use the MedikoNet Platform to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity.
Although ‘MedikoNet’ may, from time to time, monitor or review any facilities, if established or otherwise offered at the MedikoNet Platform for discussions, chats, postings, transmissions, bulletin boards, and the like on the MedikoNet Platform, ‘MedikoNet’ is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the MedikoNet Platform. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. ‘MedikoNet’ will fully cooperate with any law enforcement authorities or court order requesting or directing ‘MedikoNet’ to disclose the identity of anyone posting any such information or materials.
Wellness Products Profile
"MedikONet- medics on net is a pan-India digitally driven platform dedicated to empower every player in the healthcare ecosystem, from a doctor to a patient and other stake holders. Our intelligent, robust application brings together doctors, diagnostic centers, pharmacists, paramedics and patients in a seamless, cost-effective manner to completely revolutionize service-scape of healthcare.
Wellness Products Profile Document
"MedikONet- medics on net is a pan-India digitally driven platform dedicated to empower every player in the healthcare ecosystem, from a doctor to a patient and other stake holders. Our intelligent, robust application brings together doctors, diagnostic centers, pharmacists, paramedics and patients in a seamless, cost-effective manner to completely revolutionize service-scape of healthcare.
Wellness Products Profile Document
"MedikONet- medics on net is a pan-India digitally driven platform dedicated to empower every player in the healthcare ecosystem, from a doctor to a patient and other stake holders. Our intelligent, robust application brings together doctors, diagnostic centers, pharmacists, paramedics and patients in a seamless, cost-effective manner to completely revolutionize service-scape of healthcare.
Terms of Usage
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Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the. Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the. Lorem Ipsum is simply dummy text
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Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the. Lorem Ipsum is simply dummy text