Terms of use

TERMS AND CONDITIONS OF USE OF MRC WEBSITE, MRC ANDROID APP, MRC iOS APP AND ALL MRC SERVICES (COLLECTIVELY REFERRED TO AS THE INTERNET/APP BASED PLATFORM OR SERVICES)

PLEASE READ THESE TERMS OF USE CAREFULLY BY ACCESSING OR USING THIS INTERNET/APP BASED PLATFORM AND THE SERVICES PROVIDED THROUGH THIS INTERNET/APP BASED PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS INTERNET/APP BASED PLATFORM OR AVAIL ANY SERVICES PROVIDED THROUGH THIS INTERNET/APP BASED PLATFORM.

GENERAL TERMS OF USE
A. The domain name www.myrehabcare.in, an internet based portal, the MRC android app and iOS app, are owned and operated by MRC Services Private Limited, a company duly incorporated under the provisions of the Companies Act, 1956 (hereinafter referred to as “MRC” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as the “Website”.

Your access or use of the Website, transacting on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitute a legal and binding contract between you (hereinafter referred to as “You” or “Your” or “Customer” or the “User”) on one part and MRC on the other Part.
By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy (as set out in Part B herein below), and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website to a third-party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.
The Website is a platform that facilitates (i) online purchase of pharmaceutical products sold by various Third-Party Medicine Vendor and manufactures (“Third-Party Medicine Vendor”); (ii) diagnostic services being offered by various Third-Party diagnostic centres (“Third-Party Labs”); (iii) online medical consultancy services/ second opinion / family doctor being offered by Third-Party independent doctors (“Medical Experts”); (iv) Nursing services provided by Third-Party independent nursing professionals at your home (“Nursing Professionals”); (v) Medical facilitation services provided by MY REHAB CARE Private Limited (“Medical Facilitation”); (vi) Wellness Services such as yoga, physiotherapy, diet consultation, Zumba etc. provided by Third-Party independent professionals (“Wellness Professionals”); (vii) Electronic health record services provided by MRC Services Private Limited (“EHR Services”); (viii) Health insurance buying advise through IRDA registered intermediaries (Third-Party Broking Services) and (ix) online advertisements, including for insurance services, of various sponsors advertising and marketing their own good and services (“Third-Party Advertising Entities”). The Third-Party Medicine Vendor, Third-Party Labs, Medical Experts, Nursing Professionals, Wellness Professionals, Third-Party Broking Services and the Third-Party Advertising Entities are collectively referred to as the “Third-Party Service Providers”. Further the Website also serves as an information platform providing health and wellness related information to the Users accessing the Website (The services of Third-Party Services Provider, Medical Facilitation, EHR Services and the information services are collectively referred to as the “Services”).
The arrangement between the Third-Party Service Providers, You and MRC shall be governed in accordance with these Terms of Use. The Services would be made available to such natural persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by Us, from time to time. The Services are offered to You through various modes which shall include issue of MRC Wallet, discount coupons and vouchers that can be redeemed for the Services offered for sale on the Website/APP. To facilitate the relation between You and the Third-Party Service Providers through the Website/APP, MRC shall send to You promotional content including but not limited to emailers, notifications and messages and may share your contact data with the Third-Party Service Providers.
You agree and acknowledge that the Website/APP is a platform that You and Third-Party Service Providers utilize to meet and interact with another for their transactions. MRC is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the Third-Party Service Providers.
MRC reserves the right to change or modify these Terms of Use or any policy or guideline of the Website/APP including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website/APP and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Website/APP will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website/APP.
As a condition to Your use of the Website/APP, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to MRC that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:
the Indian Contract Act, 1872 (“Contract Act”);
the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);

iii. the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);

the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
Pharmacy Act, 1948 (“Pharmacy Act”) and

vii. the Consumer Protection Act, 1986.

MRC authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Third-Party Service Providers’ content (“Third-Party Content”) as well as in-house content provided by MRC including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“MRC Content”) (collectively, “Content”). The Content is the property of MRC, or Third-Parties as applicable and is protected under copyright, trademark and other applicable law(s). You shall not modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose or for personal gain.
Compliance with these Terms of Use would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.
These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
ELIGIBILITY FOR USE OF WEBSITE/APP AND / OR SERVICES
For the purposes of availing the Services and/or transacting with the Third-Party Service Providers through the Website/APP, You are required to obtain registration, in accordance with the procedure established by MRC in this regard. As part of the registration process, MRC may collect the following personal information from You:
Name;
User ID;

iii. Email address;

Address (including country and ZIP/ postal code);
Gender;
Age;

vii. Phone number;

viii. Password chosen by the User;

Valid financial account information; and
Other details as You may volunteer.
The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. By registering, accessing or using the Website, You accept the terms of these Terms of Use and represent and warrant to MRC that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
A registered id can only be utilized by the person whose details have been provided and MRC does not permit multiple persons to share a single log in/ registration id. However, a registered user, being either the parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind or being authorised by another natural person, would be permitted to access and use the Website/APP for the purposes of procuring the Services, on behalf of such persons.
Organizations, companies, and businesses may not become registered members on the Website/APP, unless authorised to do the same by Us or use the Website through individual members.
You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website/APP; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify MRC if You discover or otherwise suspect any security breaches relating to the Website/APP; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
The Website/APP uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by MRC for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, MRC may allow authorized third parties to place or recognize a unique cookie on the Your browser. MRC does not store personally identifiable information in the cookies.
TERMS AND CONDITIONS FOR SALE AND DELIVERY OF MEDICINES
Platform to facilitate transaction of business:
Through the Website/APP, MRC facilitates the purchase of drugs and other pharmaceutical products, medical equipment, and services offered for sale by Third-Party Medicine Vendor or authorised sellers (“Pharmaceutical Goods and Services”). You understand and agree that MRC and the Website/APP/APP merely provide hosting services to You and persons browsing / visiting the Website/APP. All items offered for sale on the Website/APP, and the content made available by the Third-Party Medicine Vendor, are Third-Party user generated content and Third-Party products. MRC has no control over such Third-Party user generated content and/ Third-Party products and does not – originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Pharmaceutical Goods and Services made available by the Third-Party Medicine Vendor through the Website shall be the sole responsibility of the Third-Party Medicine Vendor. You understand and agree that MRC shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website/APP.
You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Pharmaceutical Goods and Services are offered by and agreed to between You and the Third-Party Medicine Vendor and the contract for purchase of any of the Pharmaceutical Goods and Services, offered for sale on the Website by the Third-Party Medicine Vendor shall strictly be a bipartite contract between the Third-Party Medicine Vendor and You.

iii. The commercial / contractual terms include without limitation – price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Pharmaceutical Goods and Services offered for sale by the Third-Party Medicine Vendor, and after sales services related to such Pharmaceutical Goods and Services. MRC does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between You and the Third-Party Medicine Vendor.

Representation as to legal title
MRC does not make any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale by the Third-Party Medicine Vendor on the Website. At no time shall any right, title, claim or interest in the products sold through or displayed on the Website vest with MRC nor shall MRC have any obligations or liabilities in respect of any transactions on the Website. You agree and acknowledge that the ownership of the inventory of such Pharmaceutical Goods and Services shall always vest with the Third-Party Medicine Vendor, who are advertising or offering them for sale on the Website and are the ultimate sellers.
You agree and acknowledge that the Third-Party Medicine Vendor shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third-Party Medicine Vendor do not have the sole and exclusive legal ownership over the Pharmaceutical Goods and Services that have been offered for sale on the Website/APP by such Third-Party Medicine Vendor, or did not have the absolute right, title and authority to deal in and offer for sale such Pharmaceutical Goods and Services on the Website/APP.
Non-Performance of Contract

You accept and acknowledge the following:

MRC is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Third-Party Medicine Vendor for purchase and sale of goods or services offered by such Third-Party Medicine Vendor on the Website/APP;
MRC cannot and does not guarantee that the concerned Third-Party Medicine Vendor will perform any transaction concluded on the Website/APP;

iii. The Third-Party Medicine Vendor(s) are solely responsible for ensuring that the Pharmaceutical Goods and Services offered for sale on the Website/APP are kept in stock for successful fulfilment of orders received. Consequently, MRC is not responsible if the Third-Party Medicine Vendor(s) does not satisfy the contract for sale of Pharmaceutical Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You; and

MRC shall not and is not required to mediate or resolve any dispute or disagreement between You and Third-Party Medicine Vendor. In particular, MRC does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website/APP.
Any liability of MRC for any failure of any Third-Party Service Provider shall be restricted to the amount paid by you towards availing and your sole recourse for any failure to provide any Service by any Third-Party Service Provider shall be for a refund of any amounts already paid by you for such Service
Exhibition of drugs and publication of Third-Party Medicine Vendor content on the Website/APP.
You agree and acknowledge that the respective Third-Party Medicine Vendor are exhibiting Third-Party Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website/APP.
The Third-Party Content available on the Website/APP, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Third-Party Medicine Vendor on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.

iii. You acknowledge and agree that such Third-Party Medicine Vendor shall be solely responsible for ensuring that such Third-Party Content made available regarding the Pharmaceutical Goods and Services offered for sale on the Website, are not misleading and describe the actual condition of the Pharmaceutical Goods and Services. In this connection, it is solely the responsibility of the concerned Third-Party Medicine Vendor(s) to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such Pharmaceutical Goods and Services so as to mislead the Users in any manner. You acknowledge and understand that MRC provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website/APP and You must run Your own independent check. You agree and acknowledge that MRC has not played any role in the ascertainment of the actual impact/ effect of any Pharmaceutical Goods and Services being offered for sale by the Third-Party Medicine Vendor on the Website. Further, it is hereby clarified that the Third-Party Medicine Vendor are offering the Pharmaceutical Goods and Services for sale to You and they are responsible for procuring the appropriate licenses for the same under the Drugs Act read with the Drug rules and the Pharmacy Act. You agree and acknowledge that You shall not hold MRC responsible or liable for any damages arising out of such reliance on Third-Party user generated content by You.

Prescription Drugs
The Website/APP is a platform that can be used by the Users to purchase various drugs and pharmaceutical products that requires a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the Website by Third-Party Medicine Vendor. In order to purchase Prescription Drugs from Third-Party Medicine Vendor through the Website/APP, You are required to upload a scanned copy of a valid prescription on the Website/APP or email the same to MRC. The order would not be processed and forwarded to the concerned Third-Party Medicine Vendor(s) by MRC until it receives a copy of a valid prescription. Third-Party Medicine Vendor will verify the prescription forwarded by You and in case the Third-Party Medicine Vendor(s) observe any discrepancy in the prescription uploaded by You, the Third-Party Medicine Vendor(s) will cancel the order immediately. You are also required to make the original prescription available at the time of receipt of delivery of Prescription Drugs. If required by law.You shall allow the delivery agent to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered.
You authorise MRC to maintain a record of all the prescriptions uploaded by You and to also include it in the EHR Services.
Substitution of Prescribed Drugs
You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug and this fact is explicitly mentioned in the prescription or if the prescription solely lists the salt names instead of a specific brand name.
You further acknowledge and accept that, in the absence of the above, the concerned Third-Party Medicine Vendor would not dispense a substitute drug in place of the Prescription Drug.
Invitation to offer for sale
Notwithstanding anything else contained in any other part of these Terms of Use, the listing of drugs and other pharmaceutical products on the Website by the Third-Party Medicine Vendor is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by You shall constitute an offer by You to enter into an agreement with the Third-Party Medicine Vendor (“Offer”). Post the Offer from the Third-Party Medicine Vendor, MRC shall send an email to You with the information on the Offer along with the details of the concerned Third-Party Medicine Vendor(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the Third-Party Medicine Vendor(s) after the validation/ verification of the prescription by such Third-Party Medicine Vendor (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant Third-Party Medicine Vendor(s) (in the case of prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to You.
For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/ offered for sale by the Third-Party Medicine Vendor’, as appearing in these Terms of Use, shall be construed solely as an ‘invitation to offer for sale’ by any such Third-Party Medicine Vendor.

iii. Transfer of Property and Completion of Sale

Upon acceptance of the Offer by the concerned Third-Party Medicine Vendor, the Pharmaceutical Drugs and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Third-Party Medicine Vendor, wherever required under the applicable law(s).
You agree and acknowledge that the property and title in the Pharmaceutical Drugs and Services ordered by You shall stand immediately transferred to You upon the dispensation of Pharmaceutical Drugs and Services and the raising of the invoice at the concerned Third-Party Medicine Vendor. Accordingly, the sale of Pharmaceutical Drugs and Services is done by the concerned Third-Party Medicine Vendor itself.
The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to You shall be issued by the Third-Party Medicine Vendor which is to process and satisfy the order for such Pharmaceutical Drugs and Services.
Delivery of Drugs
The Pharmaceutical Drugs and Services shall be delivered by the Third-Party Medicine Vendor or independent contractors. You accept and acknowledges that the Third-Party Medicine Vendor or such other transporter/ courier/ delivery personnel, engaged by the Third-Party Medicine Vendor or MRC, shall be independent contractors in-charge of the delivery of the Pharmaceutical Drugs and Services from the concerned Third-Party Medicine Vendor to the address notified by You, with no control over the Pharmaceutical Drugs and Services and no additional obligation apart from standard delivery obligations and duty of care.
ADVERTISING GUIDELINES FOR THE WEBSITE/APP
As part of the Services provided by Us; We facilitate and allow Third-Party Advertising Entities to place advertisements on the Website/APP. Accordingly, there are guidelines (as listed herein below) which the Third-Party Advertising Entities have to follow for placing such advertisements (the “Advertising Policy”).
General Rules: All the advertisements must comply with the Advertising Policy, the terms of these Terms of Use and the Privacy Policy. MRC may, at any time and without having to serve any prior notice to the Third-Party Advertising Entities, (i) upgrade, update, change, modify, or improve the Website/APP or a part thereof in a manner it may deem fit, and (ii) change the content of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy. It is the responsibility of the Third-Party Advertising Entities, in such cases, to review the terms of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are posted. MRC may also alter or remove any content from the Website without notice and without liability. The Third-Party Advertising Entities are also responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Third-Party Advertiser(s) are based out of, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous.
Review: All the advertisements are subject to the review and approval of MRC. MRC reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, MRC also reserves the right to reject an advertisement or to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.
Editorial Policy for the Website/APP

As part of the Services, MRC provides MRC Content on the Website/APP targeted at general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. MRC Content is subject to the following:

DIAGNOSTICS SERVICES PROVIDED BY THIRD-PARTY DIAGNOSTIC LABS AND RADIOLOGY CENTRES

As a condition of Your use of and access to the diagnostic services provided through the Website and Your acceptance of these Terms of Use, You are subject to the following rules/ guidelines:

Platform to facilitate transaction of business:
MRC provides Services through the Website/APP as a marketplace and facilitates the Users to avail diagnostic test/ packages facilities offered by Third-Party Diagnostic Labs and Radiology Clinics through the Website/APP. MRC is not and shall not be responsible for any sample collected, tests conducted and reports generated by the Third-Party Diagnostic Labs and Radiology Clinics and does not deal with any of Third-Party Labs’ client or patient managed by Third-Party Diagnostic Labs and Radiology Clinics through the Website/APP and only provides facilitation Services to the Users through the Website/APP. Use of the Website/APP may require the Third-Party Diagnostic Labs and Radiology Clinics to use software and the Third-Party Diagnostic Labs and Radiology Clinics have to ensure the procurement of such software from the concerned providers. User and the Third-Party Diagnostic Labs and Radiology Clinics agree to use the Website/APP and the materials provided therein only for purposes that are permitted by: (a) these Terms of Use; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.
The Third-Party Diagnostic Labs and Radiology Clinics may not access the Services if the Third-Party Diagnostic Labs and Radiology Clinics are MRC’s direct competitor, except with MRC’s prior written consent. In addition, the Third-Party Diagnostic Labs and Radiology Clinics may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
MRC 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 MRC’s reasonable control, including without limitation Force Majeure Events (as defined herein below). MRC will provide the Services only in accordance with applicable law(s) and government regulations.
Notwithstanding anything to the contrary contained herein, Third-Party Diagnostic Labs and Radiology Clinics alone shall be liable for their dealings and interaction with the Users who avail the Services and MRC shall have no liability or responsibility in this regard. MRC 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 and Radiology Clinics or any diagnostic centre or any Third-Party through the Website/APP. The Services should be used for emergency appointment purpose as well.
Notwithstanding anything to the contrary contained herein, Third-Party Diagnostic Labs and Radiology Clinics alone shall be liable for dealings and interaction with Users contacted or managed through the Website/APP and MRC shall have no liability or responsibility in this regard. MRC 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 Labs.
MRC may, at its sole discretion, suspend Third-Party Diagnostic Labs and Radiology Clinics or Users ability to use or access the Website at any time. CallHealth shall have no liability or responsibility in this regard.
TERMS FOR USE OF THE ONLINE DOCTOR CONSULTANCY SERVICES

MRC is an online health platform that provides a variety of online and online-linked health products and services to the Users for health related information and resources. Whenever We use the words “Your physician” or “Your doctor” or “healthcare provider” or similar words on the Website, including in these Terms of Use, We mean Your personal doctor with whom You have an actual, mutually acknowledged, doctor-patient relationship. MRC’s Medical Experts are not “Your” physician or healthcare provider.

You acknowledge that the Medical Experts empaneled with Us are independent contractors and thereby MRC has an independent contractor relationship with such Medical Experts and therefore in no event MRC will be directly or vicariously liable for any advice or medical consultancy or any loss arising therefrom that the Medical Experts may provide to You or You may avail as part of the Services.
You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to You on the Website (including Information provided in direct response to Your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a doctor/medical professional-patient relationship, but is provided to inform You on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on the Website should be used for information purposes only.
MRC is designed to support the health decisions and choices that You make. These decisions and choices are Yours, and We believe that You, in connection with the advice You receive from Your doctor or other professional healthcare provider, are the best decision maker about Your health. We cannot make decisions for you. However, what We can do is help You find good health information and connect with doctors for in-person information. On MRC You can ask and find informational questions and related educational answers by Medical Experts.
We do not recommend or endorse any specific Medical Expert(s), tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided on the Website is solely at Your own risk. In case of any medical emergency, kindly contact Your nearest doctor/hospital or any related helpline.
The Services are not for use in medical emergencies or for critical health situations requiring prompt medical attention. You take full responsibility for ensuring that the information submitted is accurate and MRC shall not make any effort to validate any information provided by You for using the Services with respect to content, correctness or usability. We, with an intention to provide the best services possible could ask You to share more information as and when needed.
The opinions, statements, answers (collectively “Consultation”) provided by the Medical Experts through the Website/APP are solely the individual and independent opinions and statements of such Medical Experts and do not reflect the opinions of MRC, its affiliates or any other organizations or institutions to which such Medical Expert or such specialist or professional is affiliated or provides services. MRC does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website/APP or by a licensee of MRC.
The inclusion of professionals, specialists and/ or Medical Experts on the Website or in any professional directory on the Website does not imply recommendation or endorsement and is provided on an ‘as-is’ basis and MRC disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
MRC (the owners and the employee staff of MRC accept no responsibility for any medical, legal or financial events or outcomes related to the Services availed through the use of the Website/APP.
MRC makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by MRC employees. MRC is not responsible for transmission errors, corruption of data.
MRC is for personal use and the Services are for individuals to use for supporting their personal health decisions. You may use the Website for personal, but not for commercial, purposes.
The Website may not be used for illegal purposes. You may not access our networks, computers, or the Information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person’s use and enjoyment. You may not attempt to gain unauthorized access to any Information or Services, other accounts, computer systems, or networks connected with the Website, the Information, or Services. You may not use any automated means to access the Website, the Information, or Services for any purpose.
You may not use another person’s login credentials to access his or her MRC profile/ account unless expressly permitted to do so by MRC. Any attempt by any individual or entity to solicit login information of any other user or Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
Your right to use the Services is not transferable.
Notwithstanding anything to the contrary contained herein, You alone shall be liable for Your dealings and interaction with patients or Medical Experts (as the case may be) contacted or managed through the Website/APP and MRC shall have no liability or responsibility in this regard. MRC does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the Information or detail provided by such client, patient, User, Medical Experts or any Third-Party through the Website/APP. The Services should not be used for emergency appointment purposes.
MRC may, at its sole discretion, suspend User’s or Medical Expert’s ability to use or access the Website/APP at any time. MRC can edit profiles of Medical Experts to make them more suitable for patient/ Users searches on the Website/APP.

E-Consultation Services:

User agrees that E-Consultation is not a substitute for physical consultation and the Services are meant for general consultation only. If after the E-consultation, the Physician recommends any diagnostic tests to be undertaken or issues a Prescription, the same are provided based on the information and preliminary examination by the Physician, hence the same shall not be treated as accurate, final and conclusive. Physician reserves their rights to modify the prescription or recommended diagnostic tests if the User provides any additional information in future consultation. While rendering E-Consultation, Physician will require to know the age, sex, previous and existing health conditions, symptoms, past medical history, physical examination (if directed by the Physician) etc. All the information with respect to the User History, consultation records, medical record and prescriptions issued by the Physician will be saved with MRC and the same may be used for rendering Services as may be required by the User for time to time. Services offered by MRC are intended for direct use of the User or their family members, but the same cannot be used for rendering Services to third parties. MRC disclaims all liabilities arising from use of the Services by the User and the maximum liability of MRC to the User shall be limited to the Service Fees paid by the User to MRC.

Consent to Participate in Telemedicine Consultation: –

User consent to, agree to and understand the following with regards to usage of MRC website/APP and/or mobile applications to participate in a telemedicine / video consultation:

Ø video conferencing technology will be used to affect consultation and this consultation will not be the same as a direct patient/healthcare provider visit due to the fact that user will not be in the same room as healthcare provider.

Ø there are potential risks to this technology, including interruptions, unauthorized access and technical difficulties.

Ø healthcare provider or user can discontinue the telemedicine consult/visit if it is felt that the videoconferencing connection is not adequate for the situation.

Ø User healthcare information may be shared with other individuals for scheduling and billing purposes.

Ø Others may be present during the consultation other than healthcare provider in order to enable them to provide effective services. All such personnel will maintain confidentiality of the information obtained.

Ø E-consultations shall be available for family physician & multi specialties E-consultation from a specific doctor/physician shall be available subject to his/her availability/willingness/discretion. Confirmation of your appointment with a specific doctor/physician, as per his/her availability, shall be sent to you via SMS and/or E-mail. MY REHAB CARE reserves the right to reschedule or cancel an appointment without any prior notice. The time provided for consultation to you is indicative and actual consultation time may change depending on the consulting doctor’s discretion. Your consulted physician reserves the right to provide post consultation free review consultations can be booked, rescheduled or cancelled only within the stipulate time limits.

Ø Please note that E-Consultation services are provided at the express consent by the User and the same shall not be construed as a replacement for physical consultation. User is warned not to use E-Consultation Services in times of emergency and any medical Services that require further diagnostics and physical inspection.

NO DOCTOR – PATIENT RELATIONSHIP

Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the app (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between MRC and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the website. We do not in any way endorse any individual described herein. 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 informationE-Consultation Services:

User agrees that E-Consultation is not a substitute for physical consultation and the Services are meant for general consultation only. If after the E-consultation, the Physician recommends any diagnostic tests to be undertaken or issues a Prescription, the same are provided based on the information and preliminary examination by the Physician, hence the same shall not be treated as accurate, final and conclusive. Physician reserves their rights to modify the prescription or recommended diagnostic tests if the User provides any additional information in future consultation. While rendering E-Consultation, Physician will require to know the age, sex, previous and existing health conditions, symptoms, past medical history, physical examination (if directed by the Physician) etc. All the information with respect to the User History, consultation records, medical record and prescriptions issued by the Physician will be saved with MRC and the same may be used for rendering Services as may be required by the User for time to time. Services offered by MRC are intended for direct use of the User or their family members, but the same cannot be used for rendering Services to third parties. MRC disclaims all liabilities arising from use of the Services by the User and the maximum liability MRC to the User shall be limited to the Service Fees paid by the User to.

Consent to Participate in Telemedicine Consultation: –

User consent to, agree to and understand the following with regards to usage of MRC website and/or mobile applications to participate in a telemedicine / video consultation:

Ø there are potential risks to this technology, including interruptions, unauthorized access and technical difficulties.

Ø healthcare provider or user can discontinue the telemedicine consult/visit if it is felt that the videoconferencing connection is not adequate for the situation.

Ø User healthcare information may be shared with other individuals for scheduling and billing purposes.

Ø E-consultations shall be available for family physician & multi specialties E-consultation from a specific doctor/physician shall be available subject to his/her availability/willingness/discretion. Confirmation of your appointment with a specific doctor/physician, as per his/her availability, shall be sent to you via SMS/Push notification and/or E-mail. MRC reserves the right to reschedule or cancel an appointment without any prior notice. The time provided for consultation to you is indicative and actual consultation time may change depending on the consulting doctor’s discretion. Your consulted physician will provide post consultation free review consultations(Till 7 days validity) can be booked, rescheduled or cancelled only within the stipulate time limits.

NO DOCTOR – PATIENT RELATIONSHIP

Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the app (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between MRC and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the website/APP. We do not in any way endorse any individual described herein. 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 informationE-Consultation Services:

Consent to Participate in Telemedicine Consultation: –

User consent to, agree to and understand the following with regards to usage of MRC mobile applications to participate in a telemedicine / video consultation:

Ø there are potential risks to this technology, including interruptions, unauthorized access and technical difficulties.

Ø healthcare provider or user can discontinue the telemedicine consult/visit if it is felt that the videoconferencing connection is not adequate for the situation.

Ø User healthcare information may be shared with other individuals for scheduling and billing purposes.

Ø E-consultations shall be available for family physician & multi specialties E-consultation from a specific doctor/physician shall be available subject to his/her availability/willingness/discretion. Confirmation of your appointment with a specific doctor/physician, as per his/her availability, shall be sent to you via SMS/PUSH NOTIFICATION and/or E-mail. MRC reserves the right to reschedule or cancel an appointment without any prior notice. The time provided for consultation to you is indicative and actual consultation time may change depending on the consulting doctor’s discretion. Your consulted physician reserves the right to provide post consultation free review consultations can be booked, rescheduled or cancelled only within the stipulate time limits.

NO DOCTOR – PATIENT RELATIONSHIP

Consent to Participate in Telemedicine Consultation: –

User consent to, agree to and understand the following with regards to usage of MRC mobile applications to participate in a telemedicine / video consultation:

Ø there are potential risks to this technology, including interruptions, unauthorized access and technical difficulties.

Ø healthcare provider or user can discontinue the telemedicine consult/visit if it is felt that the videoconferencing connection is not adequate for the situation.

Ø User healthcare information may be shared with other individuals for scheduling and billing purposes.

Ø E-consultations shall be available for family physician & multi specialties E-consultation from a specific doctor/physician shall be available subject to his/her availability/willingness/discretion. Confirmation of your appointment with a specific doctor/physician, as per his/her availability, shall be sent to you via SMS and/or E-mail. MRC reserves the right to reschedule or cancel an appointment without any prior notice. The time provided for consultation to you is indicative and actual consultation time may change depending on the consulting doctor’s discretion. Your consulted physician reserves the right to provide post consultation free review consultations can be booked, rescheduled or cancelled only within the stipulate time limits.

NO DOCTOR – PATIENT RELATIONSHIP

Consent to Participate in Telemedicine Consultation: –

User consent to, agree to and understand the following with regards to usage of CallHealth website and/or mobile applications to participate in a telemedicine / video consultation:

Ø there are potential risks to this technology, including interruptions, unauthorized access and technical difficulties.

Ø healthcare provider or user can discontinue the telemedicine consult/visit if it is felt that the videoconferencing connection is not adequate for the situation.

Ø User healthcare information may be shared with other individuals for scheduling and billing purposes.

Ø E-consultations shall be available for family physician & multi specialties E-consultation from a specific doctor/physician shall be available subject to his/her availability/willingness/discretion. Confirmation of your appointment with a specific doctor/physician, as per his/her availability, shall be sent to you via SMS and/or E-mail. MRC reserves the right to reschedule or cancel an appointment without any prior notice. The time provided for consultation to you is indicative and actual consultation time may change depending on the consulting doctor’s discretion. Your consulted physician reserves the right to provide post consultation free review consultations can be booked, rescheduled or cancelled only within the stipulate time limits.

NO DOCTOR – PATIENT RELATIONSHIP

Consent to Participate in Telemedicine Consultation: –

User consent to, agree to and understand the following with regards to usage of MRC website and/or mobile applications to participate in a telemedicine / video consultation:

Ø there are potential risks to this technology, including interruptions, unauthorized access and technical difficulties.

Ø healthcare provider or user can discontinue the telemedicine consult/visit if it is felt that the videoconferencing connection is not adequate for the situation.

Ø User healthcare information may be shared with other individuals for scheduling and billing purposes.

Ø E-consultations shall be available for family physician & multi specialties E-consultation from a specific doctor/physician shall be available subject to his/her availability/willingness/discretion. Confirmation of your appointment with a specific doctor/physician, as per his/her availability, shall be sent to you via SMS and/or E-mail. MRC reserves the right to reschedule or cancel an appointment without any prior notice. The time provided for consultation to you is indicative and actual consultation time may change depending on the consulting doctor’s discretion. Your consulted physician reserves the right to provide post consultation free review consultations can be booked, rescheduled or cancelled only within the stipulate time limits.

NO DOCTOR – PATIENT RELATIONSHIP

RISKS OF USING CALLHEALTH’S SERVICES
As with any medical procedure, there are potential risks associated with using the Services. By using the Services, You agree to abide by these Terms of Use, Privacy Policy and risks described below. These risks include, but may not be limited to:
The Medical Experts not having access to all or some of Your medical history that might be critical to consult You. The Medical Experts may not have the benefit of information that would be obtained by examining You in person, observing Your physical condition and by going through Your medical records. This means that the Services provided is different from the diagnostic and treatment services typically decided by a physician. Therefore, the Medical Experts may not be aware of facts or information that would affect his or her opinion of Your diagnosis. To reduce the risk of this limitation, MRC strongly encourages You to be in touch with an on-ground physician and share the MRC opinion with him/her.
By requesting a medical opinion through the Website/APP, You acknowledge and agree that:
the advice/information/opinion on diagnosis You may receive could be limited and provisional;
the medical opinion is not intended to replace a face-to-face visit with a physician and it does replace an actual doctor-patient relationship;
in case of a second opinion where there is a difference of opinion among Our Medical Experts and Your physician, You would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment;
the Medical Expert is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void;
in some cases, the Medical Expert may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;
in rare cases, the Medical Experts may feel that the query may not be answerable without physically examining the patient/ Users and the Consultation may be refused forthwith;
in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and
delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in these Terms of Use.
OTHER TERMS
Your Profile, Collection, Use, Storage and Transfer of Personal Information:
Your MRC profile is created to store record of Your Consultations and Your personal health information online, including history, health conditions, allergies and medications.
Any information provided as part of a web Consultation or obtained from use of the Services by You becomes part of Your MRC record. You agree to provide accurate information to help Us serve You best to Our knowledge, to periodically review such information and to update such information as and when necessary. MRC reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for MRC’s record or for the Services. Please make sure You provide a valid email-id and You update it as and when needed.

iii. The terms “personal information” and “sensitive personal data or information” are defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”).

The Privacy Policy sets out:
the type of information collected from Users, including sensitive personal data or information;
the purpose, means and modes of usage of such information; and
how and to whom MRC will disclose such information.
The Users are expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
the fact that the information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the name and address of the agency that is collecting the information and the agency that will retain the information; and
the various rights available to such Users in respect of such information.
MRC shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Users to MRC or any other person acting on behalf of MRC.
The use of the Website involves every Users’ registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the Privacy Policy. The other information collected by MRC from Users as part of the registration process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.
The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify MRC of any actual or suspected unauthorized use of the Users’ account or password.

vii. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or MRC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MRC shall have the right to suspend or terminate such account at its sole discretion.

viii. MRC may disclose or transfer User Information (as defined in the Privacy Policy) to its affiliates in other countries, and You hereby consent to such transfer. The SPI Rules only permit MRC 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 MRC as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between MRC or any person on its behalf and the user or where the User has consented to data transfer.

By accepting these Terms of Use and by registering on the Website,MRC App or through call Centre . You consent to be contacted by Us and by the Third-Party Service Providers and You further consent to receive emails and messages (PUSH) notifications and information at any time from Us and from Third-Party Service Providers.
Payment, Fees and Taxes:
Registration on the Website/APP and the access to the information provided on the Website is free. MRC does not charge any fee for accessing, browsing and buying through the Website/APP. You agree to make all payments directly to the respective Third-Party Medicine Vendor for purchase of Pharmaceutical Goods and Services from such Third-Party Medicine Vendor. The Third-Party Medicine Vendor may choose to either personally collect such payment from You or may use the services of collection agents duly appointed in this regard. You agree and acknowledge that You shall not hold MRC responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of third parties viz. the Third-Party Medicine Vendor or the collection agents or for any actions/ omissions which are beyond the control of MRC.
In relation to the diagnostic services being availed from the Website/APP, Third-Party Diagnostic Labs and Radiology Clinicsagree to pay all package fees, consulting fees and other fees applicable to the Third-Party Diagnostic Labs and Radiology Clinicsuse of such Services and the Third-Party Diagnostic Labs and Radiology Clinicsshall not circumvent the fee structure. The fee is dependent on the package that the Third-Party Diagnostic Labs and Radiology Clinicspurchase and not on actual usage of the Services. In relation to the Users using the diagnostic Services, the Users agree to make all payments directly to the respective Third-Party Diagnostic Labs and Radiology Clinicsfor use of the diagnostic Services from the Website. You agree and acknowledge that You shall not hold MRC responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of the Third-Party Labs’ any actions/ omissions which are beyond the control of MRC.

iii. Each User / Third-Party Service Providers are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. MRC is in no way responsible for any of the taxes except for its own income tax.

The subscription fees for the Services, if any charged by MRC, could be paid online through the facility made on the Website/APP. Third parties support and services are required to process online fee payment. MRC is not responsible for any loss or damage caused to User/ Third-Party Service Providers during this process as these third parties are beyond the control of MRC. The fees could also be paid offline and be either collected personally from the User/ Third-Party Service Providers or required to be mailed to MRC at the following address: myrehabcare@gmail.com

All fees are exclusive of applicable taxes.
MRC reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.

vii. In order to process the payments, MRC might require details of User’s/ Third-Party Service Providers’ bank account, credit card number etc. Please check Our Privacy Policy on how MRC uses the confidential information provided by Users.

Return, Refund, Cancellation and Shipping charges:
We offer return and refund on the products and Services ordered by You on the Website which are subject to further terms and conditions as detailed in the return, refund, cancellation and shipping charges policy (“Return and Refund Policy”). The Return and Refund Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same.
COVENANTS
Covenanters for the purposes of these terms of use shall include the users and the third-party service providers
Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that –
belongs to another person and to which the such Covenanter does not have any right;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
infringes any patent, trademark, copyright or other intellectual proprietary rights of any Third-Party;
violates any law for the time being in force;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
is prohibited under applicable law(s) for the time being in force including Drugs Act read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as amended from time to time and rules made there under; and
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You are also prohibited from:
violating or attempting to violate the integrity or security of the Website/APP or any MRC Content;
transmitting any information (including job posts, messages and hyperlinks) on or through the Website/APP that is disruptive or competitive to the provision of Services by MRC;
intentionally submitting on the Website/APP any incomplete, false or inaccurate information;
making any unsolicited communications to other Covenanters;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website/APP;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website/APP;
copying or duplicating in any manner any of the MRC Content or other information available from the Website; and
framing or hotlinking or deeplinking any MRC Content.
MRC, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in this Clause 4, shall be entitled to disable such information that is in contravention of this Clause 4 or any provisions of these Terms of Use. MRC shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
In case of non-compliance with any applicable law(s), rules or regulations, or these Terms of Use or the Privacy Policy by a Covenanter, MRC has the right to immediately terminate the access or usage rights of the Covenanter to the Services and to remove noncompliant information.
LIABILITY
MRC shall not be responsible or liable in any manner to the Users or any Third-Party Service Providers (collectively referred to as the “Other Parties”) for any losses, damage, injuries or expenses incurred by Other Parties as a result of any disclosures made by MRC, where Other Parties have consented to such disclosures.
The Services provided by MRC or any of its licensors or providers or Third-Party Service Providers are provided ‘as is’ and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). MRC does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services. MRC to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the MRC Content, Third-Party Content, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
The Website may be linked to the website of third parties and MRC has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website/APP does not imply that MRC endorses the linked website. Other Parties may use these links services at their own risk.
MRC shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; MRC shall not be responsible for any error in any of the services being provided by the Third-Party Service Providers.
The listing of Third-Party Service Providers on the Website/APP is based on numerous factors including Users comments and feedbacks. In no event shall the Indemnified Parties (as defined herein below) be liable or responsible for the listing order of Third-Party Service Providers on the Website/APP.
To the maximum extent permitted by applicable law(s), MRC, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Indemnified Parties ”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website/APP or the content, materials and functions related thereto; (ii) User’s provision of information via the Website/APP; even if such Protected Entity has been advised of the possibility of such damages.
In no event shall the Indemnified Parties be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Third-Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third-Party Service Providers or other person on or through the Website.
All liabilities arising out of any wrong diagnosis of medical condition by the Medical Experts and/ or arising from the e-prescription will be of the concerned Medical Expert. Further, all liabilities arising out of any wrong diagnosis report by the Third-Party Diagnostic Labs and Radiology Clinics and/ or arising from the wrong dispensation of the Pharmaceutical Goods and Services will be of the concerned Third-Party Diagnostic Labs and Radiology Clinics or the Third-Party Medicine Vendor as the case may be.
The Users may share their previous medical history during interaction with the Medical Experts MRC reserves the right to retain such information for the purpose of providing Services to the Users.
With respect to the Consultation Services, after selection of the type of treatment viz. Homeopathy, Allopathy or Ayurveda along with the specification of the disease by the patient, MRC will decide the Medical Expert to whom the query should be directed based on the information shared by the User. However, in no event the Indemnified Parties shall be held liable for the losses attributable to such decision making and in no event shall the Indemnified Parties be liable for any Consultation provided and/or e-prescription issued by the Medical Expert by using the interface of online medical consultancy.
The Users acknowledge that the Indemnified Parties merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact. In no event shall the Indemnified Parties be held liable for any of the losses attributable to Services offered through the Website/APP.
In no event shall the total aggregate liability of the Indemnified Parties to any Other Parties for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from these Terms of Use or any Other Parties’ use of the Website/APP exceed an aggregate amount of INR 1000/- (Indian Rupees One Thousand only). MRC accepts no liability for any errors or omissions on behalf of the Other Parties.
In no event shall the Indemnified Parties be liable for failure on the part of the Users or Third-Party Service Providers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Indemnified Parties be liable for any comments or feedback given by any of the Users in relation to the services provided by a Third-Party Service Providers.
INDEMNITY
You agree to defend, indemnify and hold harmless MRC, the Indemnified Parties , independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Covenanters access to or use of Website/APP; (b) Covenanters violation of these Terms of Use or any applicable law(s); (c) Covenanters violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Covenanters conduct in connection with the Website/APP.
MODIFICATION OF WEBSITE
MRC reserves the right to modify or discontinue, temporarily or permanently, the Website/APP or any features or portions thereof without prior notice. Other Parties agree that MRC will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.
INTELLECTUAL PROPERTY RIGHTS
All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The content on the Website/APP or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means.
COMPLIANCE OF APPLICABLE LAW
While communicating/ transacting with each other through the Website/APP, the Other Parties shall at all times ensure full compliance with the provisions of the applicable laws.
The Users must also ensure that the prescription uploaded on the Website/APP or emailed to MRC for processing the order for Prescription Drugs is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Third-Party Service Providers or to MRC, as a result of any dispensation of Prescription Drugs by the Third-Party Service Providers owing to the non-compliance by the User in this regard.
TERMINATION
Parties for the Purpose of these Terms of Use shall collectively mean the Other Parties and MRC
The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below:
In case of Other Parties wanting to terminate these Terms of Use, Other Parties may do so by closing their MRC accounts for all of the Services that they use.
MRC reserves the right to, either partly or fully, at any time, and with or without notice, terminate these Terms of Use against each of the Users or the Third-Party Service Providers or the Other Parties as a whole, if there is:
Breach or intended breach any of applicable law(s), or the provisions of these Terms of Use or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the Other Parties from time to time); or
MRC is unable to verify or authenticate any information provided to CallHealth by Other Party(s); or

iii. MRC believes, in its sole discretion, that Other Party(s) actions may cause legal liability for MRC (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives); or

Requirement to do so by law; or
If Other Party(s) fail to provide (or revoke) the consents necessary or desirable for MRC to provide the Services; or
Provision of the Services is in MRC’s opinion, no longer commercially viable; or

vii. MRC decides to discontinue, in part or in full, with or without reason, access to the Website/APP or the Services.

MRC may also terminate or suspend (temporarily or permanently) all or a portion of Other Party(s) account or access to the Services, with or without reason. Such termination or suspension of Other Party(s) account may include: (i) removal of access to all offerings within the Website or Services; and (ii) barring from further use or access of the Website or Services.
Once terminated or suspended (temporarily or permanently), Other Party(s) may not use the Website/APP under the same account, a different account or re-register under a new account.
Upon any termination of these Terms of Use, MRC may, unless prohibited by law, delete all of Other Party(s) data in its systems or otherwise in its possession or under its control, including but not limited to Other Party(s) personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information.
The right to terminate/ suspend is in addition to, and without prejudice to, MRC’s right to initiate appropriate legal action against the Other Party(s), in accordance with applicable law.
FORCE MAJEURE
Neither Party shall be liable for any loss or damage caused as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of a Party), or any other delay or default or deficiency or failure which arises from causes beyond a Party’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, a Party, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Other Party(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Hyderabad. All disputes will be subject to arbitration at Bangalore in English by a sole arbitrator appointed by MRC under the Arbitration and Conciliation Act, 1996.
SURVIVAL
Even after termination, obligations of a continuous nature, such as, but not limited to, mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
SEVERABILITY
If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.
WAIVER
No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by MRC. Any consent by MRC to, or a waiver by MRC of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

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