Pregnancy Care

9 Month Total Care

Consult

Consult with top doctors

Blood

Instant blood availability

Veterinary

Consult with best vets

TERMS OF USE

Posted as of __ February 2021
Last updated as of ___ February 2021

Welcome to Remedinart Medico Services’s Terms of Use

This Platform and Application is created and operated by Remedinart Medico Services Private Limited, a company incorporated under the provisions of the Companies Act 2014 and having its registered office at “Plot No. 26, Parag Park, Malhar Chowk, Station Road, Ahmednagar, Maharashtra- 414001” represented by its Directors, hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns) are operating this Platform and the Mobile Application on the Brand Name of “REMEDINART”.

This legal agreement is an electronic record in terms of the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of “Remedinart” (“platform”)

The creator of these Terms of Service ensures steady commitment to Your privacy concerning the protection of your invaluable information. This document contains information about the Mobile Application “Remedinart” (hereinafter referred to as the “Platform”).

For the purpose of these Terms of Use (“Terms”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Company REMEDINART MEDICO SERVICES PVT LTD (RMSPL), as the context so requires. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be Users of this Platform either availing the services of the platform and listed on the platform as a service provider and the same shall be as the context so requires and who is competent to enter into binding contracts, as per Indian laws. “Third Parties” refer to any Application, Company or individual apart from the Users and the creator of this platform. “Platform” refers to the Mobile Application created by the Company which provides the User to avail services of or from the Company through the Mobile Application.

GENERAL TERMS

  1. The Company provides services through the Website as a marketplace and facilitates the Users to avail Pregnancy Care Service, Online Doctor Consultancies, Sonography/Ultrasounds Scans, diagnostic test/ packages facilities offered by Third Party Labs through the Website.
  2. The Company is not and shall not be responsible for any sample collected, tests conducted and reports generated by the Third Party Labs and do not deal with any of Third Party Labs’ client or patient managed by Third Party Labs through the Website and only provides facilitation Services to the Users through the Website.
  3. Use of the Website may require the Third Party Labs to use software and the Third Party Labs have to ensure the procurement of such software from the concerned providers. Users and the Third Party Labs agree to use the Website 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.
  4. The Company will ensure Users are provided confirmed appointments on the Book facility. However, it has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. Provided, it does not fall under in which case the terms of this program shall apply.
  5. The headings of each section in these Terms or Privacy Policy are only for the purpose of organizing the various provisions under these Terms and the Privacy Policy in an orderly manner and shall be used by either Party to interpret the provisions contained herein in a manner as may apply to the User. Further, it is specifically agreed to by the Parties that the headings shall have legal or contractual value on the User availing the services from the Platform.
  6. The use of this Platform by the Users is solely governed by these Terms, Privacy Policy and as well as other policies that may be uploaded on the platform the purpose of the Users effective applicability, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If you as a User continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions, Privacy Policy and such other policy as that may be available and applicable for the Users on the Platform.
  7. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
  8. The User unequivocally agrees that these Terms and the aforementioned Policies constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
  9. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.

The 'platform/website/mobile application' is owned, created and operated by the Company and is operated under the brand name and domain name “www.remedinart.com”. The Company is a leading online one-stop healthcare 'platform/website/mobile application' providing a wide range of medical services to its user’s such as Complete Pregnancy Care (Which Includes 8 Medical Experts Consultations, Pathology Lab Tests, & Sonography/Ultrasound Scans), Blood availability at a rapid pace (Only Showing of Availability), Online Doctor consultation and Veterinary care.

The 'platform/website/mobile application' offers:

  1. Total Pregnancy cares for the whole term of Nine months(excluding. All details and confidential information shared between the patient and consulting doctor(s) are only available to them, and not to the company or the domain.
  2. Availability of Blood and contacts of Blood Banks at a rapid pace.
  3. Veterinary consultancy and related services.
  4. Diagnostic services being offered by various third party diagnostic centres (“Third Party Labs”);
  5. Online medical consultancy services / second opinion being offered by third party independent Doctors or Registered Medical Practitioners (“Medical Experts”);
  6. Online appointment booking for leading Doctors (by Doctor Himself, By Nursing home or a Hospital (“Third Party Appointment booking”);
  7. Online advertisements of various sponsors advertising and marketing their good and services (“Third Party Advertisers”)
  8. The Third Party Pharmacies, Third-Party Labs, Medical Experts, (“Nursing Experts”), (“Third Party Health Food Providers”), (“Third Party Appointment booking”) and the Third Party Advertisers are collectively referred to as the “Third Party Service Providers”. Further, the platform/website/mobile application also serves as an information platform providing health and wellness related information to the Users accessing the Platform (The services of Third Party Services Provider and the information services is collectively referred to as the “Services”).
  9. Lab Test – Registered users can avail of lab tests services from the vendors through the platform by sitting at home and can view and receive the results online on the account created on the platform.
  10. Book Online Doctor’s Appointment - The platform shall additionally provide online medical consultation to its registered users. Medical consultation services shall be provided by Registered and Reputed Medical practitioners who are specialised in the area of the medical issue as specified by the User. The users may however apart from an online consultation as well as avail online appointment and doctor booking facility from leading and reputed doctors in their locality.

Advertising Guidelines for the Platform – As part of the Services provided by Us; We facilitate and allow Third-Party Advertisers to place advertisements on the Platform. Accordingly, there are guidelines (as listed hereinbelow) which the Third Party Advertisers have to follow for placing such advertisements (the “Advertising Policy”).

For the Users: Company clearly distinguishes between the editorial content and content that is created or provided by one of Our Third-Party Advertisers. The advertisements will be labelled as "sponsored", "from our Advertisers" or "advertisement". This content will not be reviewed by Our in-house editorial staff and shall not be subject to Our editorial policy (as set out herein below) but shall be subject to the Advertising Policy, these Terms of Use (except the editorial policy) and the Privacy Policy.

For the Third-Party Advertisers: The Third-Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising the consumer protection. The Advertising Policy applies to all the advertisements, listed or sought to be listed, on the Platform.

General Rules: All the advertisements must comply with the Advertising Policy, the terms of these Terms of Use (except the editorial policy) and the Privacy Policy. Company may, at any time and without having to serve any prior notice to the Third Party Advertisers, (i) upgrade, update, change, modify, or improve the Platform 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 Advertisers, 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 changes shall be made applicable when they are posted. Companies may also alter or remove any content from the Platform without notice and liability. The Third-Party Advertisers 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 the Company. The company reserves the right to reject or remove any advertisement at its sole discretion for any reason. Further, the Company also reserves the right to request modifications to any advertisement and to require factual substantiation for any claim made in an advertisement.

Prohibited Content: The advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited:

  1. content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class;
  2. content depicting nudity, sexual behaviour, or obscene gestures;
  3. content depicting drug use;
  4. content depicting excessive violence, including the harming of animals;
  5. shocking, sensational, or disrespectful content;
  6. deceptive, false or misleading content, including deceptive claims, offers, or business practices;
  7. content that directs users to phishing links, malware, or similarly harmful codes or sites; and
  8. content that deceives the Users into providing personal information without their knowledge, under pretences, or to companies that resell, trade, or otherwise misuse that personal information.
  9. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resources.
  10. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
  11. harm’s minors in any way;

Prohibited Advertisements: Advertisements for the following products and services are prohibited:

  1. Adult products and services (other than contraceptives; see below);
  2. Cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products; and electronic Nicotine Delivery System (ENDS) & like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder;
  3. Products or services that bypass copyright protection, such as software or cable signal descramblers;
  4. Products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy;
  5. Get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;
  6. Illegal or recreational drugs or drug paraphernalia;
  7. Counterfeit, fake or bootleg products, or replicas or imitations of designer products;
  8. Firearms, weapons, ammunition, or accessories;
  9. Advertisements that promote particular securities or that provide or allege to provide insider tips;
  10. Any illegal conduct, product, or enterprise;
  11. Unapproved pharmaceuticals and supplements;
  12. Prescription drugs;
  13. Products that have been subject to any government or regulatory action or warning;
  14. Products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance; and
  15. Material that directly advertises products to or is intended to attract children under the age of 13.

Diagnostic (Pathology tests & Ultrasounds scans) Services –

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

General terms of use:

1. In case any prescription is being provided to the User by the Medical Expert, the same is being provided basis the online consultation, however, it may vary when examined in person, hence, in no event shall the prescription provided by Practitioners be relied upon as a final and conclusive solution.

2. The Users agree to use the advice from Medical Expert on the Website pursuant to:

  • ongoing treatment with their medical practitioner;
  • a condition which does not require emergency treatment, physical examination or medical attention;
  • medical history available as records with them for reference;
  • a record of physical examination and report thereof with them, generated through their local medical practitioner;
  • consultation with their medical practitioner before abandoning or modifying their ongoing treatment.

3. The User agrees that by using Consult, the Medical Expert on Consult will not be conducting a physical examination of the Users, hence, they may not have or be able to derive important information that is usually obtained through a physical examination. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation.

4. The User understands that Consult shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the advice provided by the Practitioner is based on general medical conditions and practices prevalent in India, to the best of his knowledge and ability, and not for conditions which are territory specific for regions other than India, irrespective of where the User is procuring medical services or engaging in communication with the Medical Expert.

5. During the consultation and thereafter, the Medical Experts may upload the prescription/health records of the User on the account of the User on the Website for access of the User. However, it is expressly clarified that for Users not located within India and using Consult, the Practitioner may or may not issue a prescription, at his sole discretion.

6. Notwithstanding anything contained herein, RMSPT is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Medical experts.

7. If the Practitioner responds to the User’s query, the system could trigger communications to the User, in the form of notification/text/email/others. The User further understands that RMSPL may send such communications like text messages/email/calls before and/or after Practitioner’s consultation (physical or online) to the User’s mobile number, based on the Practitioner’s settings (through the Website). However, and notwithstanding anything to the contrary in this Agreement, RMSPL does not take responsibility for the timeliness of such communications.

8. User shall refrain from raising any personal queries or advice on the Consult platform which are not related to a specific disease/medicine.

9. Users shall not use abusive language on the Consult platform. In the event of abuse from the User is reported by a Practitioner, RMSPL reserves the right to block such Users from the Consult platform and RMSPL is not responsible for honouring any refund request towards his/her consultation on the Consult platform.

10. Users may share images or videos of the affected areas of their body parts with the Practitioner only if it is necessary for diagnosing his/her condition and if he/she is personally comfortable in sharing such images or videos. RMSPL shall not be responsible for any such images or videos shared by the Users with the Practitioners.

11. Users shall ensure that any interaction/communication with the Practitioners, including sharing images or videos of the body parts, shall be only through the Consult platform. The Users shall not rely on any other external modes of communication for interacting/communicating with the Medical Expert.

12. Users shall be prepared to share all relevant documents or reports to the Practitioner promptly upon request.

13. For every paid consultation on the Consult platform, the Users shall not obtain a consultation for more than one User. In the event, the Users attempt to obtain a consultation for more than one User through a single paid consultation on the Consult platform, such consultations will not be addressed by the relevant Practitioner.

14. Users shall not persuade Practitioners to prescribe drugs (including higher dose strength) that do not conform to the Consult prescription policy. Restricted drugs are as follows:

  • Medication for Medical Termination Pregnancy (MTP)
  • Drugs under the following pharmaceutical classifications such as; sedatives, hypnotics, opioids, schedule X drugs, or fourth-generation antibiotics.

15. If restricted drugs are indicated for treatment or management of a disease or condition by a Practitioner, the User shall physically visit the Practitioner of their choice to confirm the requirements/necessity for prescribing such restricted drugs.

16. User understands and agrees to provide accurate information and will not use the Consult platform for any acts that are considered to be illegal in nature.

17. If a User decides to engage with a Practitioner to procure medical services or engages in communication, exchange of money for services outside of Consult platform, User shall do so at their own risk. RMSPL shall not be responsible for any breach of Service or Service deficiency by any Practitioner.

18. The User agrees and understands that the transaction with the Practitioner is subject to the jurisdiction of Indian laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times. The User further agrees and understands that the Practitioner is a medical practitioner who is licensed to practice medicine in India and the onus is on the User to determine if he/she is eligible to consult with the Practitioners via the Website. It is expressly clarified that at no point in time can it be construed that the Practitioner is practising medicine in a territory other than India, irrespective of where the user is located and procures medical services or engages in communication with the Practitioner, in any manner whatsoever.

19. The User shall indemnify and hold harmless RMSPL and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or concerning the use of Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.

20. By clicking on the check box - the user will agree with terms and conditions, disclaimer and privacy policy; the user agrees to share his/her medical reports of pathology lab tests, sonography/ultrasound scan reports, prescriptions given by any medical experts with medical expert or group of medical experts for pregnancy care service and doctor online consultancy service on online platform ‘ www.remedinart.com ‘ which is only viewable to Medical Experts and not to any other person /Company. These reports can be generated by any tests/sonography suggested by any medical expert for the purpose of treatment or diagnostic.

21. The User shall make payment using the third party payment gateway on an online platform ‘www.remedinart.com’ to make payments online, solely at the User's discretion. Should there be any issues with regard to the payment not reaching the RMSPL account, the User may contact RMSPL's support team via support@remedinart.com, and the company is not responsible for any payment loss or deduction of money from the user's account. Only a Third-party payment gateway is responsible for the payment related issue.

For Online Doctor Consultancy Services:

1. The Company is an online health platform that provides a variety of online and online-linked health products and services to 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 Platform, including in these Terms of Use, We mean Your doctor with whom You have an actual, mutually acknowledged doctor-patient relationship. The company’s Medical Experts are not "Your" physician or healthcare provider.

2. The user or patient visiting doctors clinic or hospital by using book appointment service should not have waited more than 30minutes of the scheduled time. The response to a patient or user coming from online doctor consultation (chat with doctor) service should not be delayed more than 2 hours from the booking of online doctor consultation. Doctors have to open a consulting platform for the next 3 days from the booking of consultancy dates for free followup. This is applicable for consultation done in women pregnancy care packages also.

3. Video or Audio consultation will be performed only once (Upto 30 Minutes Time) after booking of consultation for a respective doctor by patient. The company will only provide the first 2 doses of prescribed medicine by the online consultancy of human doctors. This is only valid for 'online doctor consultation service' not and for any other service.

4. Notwithstanding anything to the contrary contained herein, Third-Party Medical Experts alone shall be liable for Third-Party Medical Experts’ dealings and interaction with the Users who avail the services of the Third Party Labs, Medical Experts or diagnostic centres contacted or managed through the Platform and Company shall have no liability or responsibility in this regard. The company does not guarantee or make any representation concerning the correctness, completeness or accuracy of the information or details provided by such Users, Third-Party Labs, Medical Experts or any diagnostic centre or any third party through the Platform. Services should not be used for emergency appointment purposes.
The company does not guarantee or make any representation concerning the correctness, completeness or accuracy of the tests conducted and reports generated by the Third Party Medical Experts, Labs & Diagnostic Centre.

5. The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practising medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered. If any medical expert provides false registration/licensed/qualified to practice medicine then the company shall not be responsible/liable for such.

6. Where the Practitioner learns that a physical consultation is mandatory for accurate diagnosis and resolution of the case, the Practitioner shall mandatorily be required to provide a patient referral for physical evaluation along with required information via the prescription module.

7. The Practitioner further understands that there is a responsibility on the Practitioner to provide accurate information to the User, as the Practitioner would have done so to any other patient of his, however, no doctor-patient relationship is established pursuant to interactions on Consult (International).

8. Practitioners shall ensure that the consultation online is treated as an in-clinic consultation and provide advice to the best of Practitioners’ knowledge.

9. The Practitioner is not allowed to use any other medium other than the Consult platform for the purpose of interacting/communicating with the User and any attempt by the Practitioner to interact with the Users through any other external means of communication will amount to a violation of this Agreement by the Practitioner.

10. In the event the Practitioner learns about physical abuse, sexual misconduct (especially in minors), or User self-harm (suicide: planned, attempted or completed), the Practitioner agrees to report such events to REMEDINART MEDICO SERVICES PVT LTD via the email: support@remedinart.com immediately.

11. The Practitioner acknowledges that should REMEDINART MEDICO SERVICES PVT LTD find the Practitioner to violate any of the applicable laws/rules/ regulations/guidelines set out by the authorities then REMEDINART MEDICO SERVICES PVT LTD shall be entitled to cancel the consultation with such Practitioner or take such other legal action as may be required.

12. It is further understood by the Practitioner that the information that is disclosed by the User at the time of consultation is personal and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Practitioner privilege.

13. The Practitioner shall indemnify and hold harmless REMEDINART MEDICO SERVICES PVT LTD and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the Services provided by Practitioner, violation of any law, rules or regulations by the Practitioner or due to such other actions, omissions or commissions of the Practitioner that gave rise to the claim.

14. Practitioners should provide e-prescriptions to the Users only via the prescription module. However, when the Practitioner creates an e-prescription, the Practitioner will be required to confirm the e-prescription with their electronic signature explicitly or implicitly by clicking on the signature option made available or any other form of opt-in methods as provided therein. The Practitioner hereby agrees and covenants to be responsible and liable for the content of e-prescription and the authenticity of his signature signed electronically. In addition to any indemnity warranties provided elsewhere in the Agreement, the Practitioner hereby agrees to hold REMEDINART MEDICO SERVICES PVT LTD, its officers, employees, agents and affiliates harmless from any claims, damages, losses or penalties arising out of any third-party claims in connection with the validity of the e-prescription, it's content and/or electronic signature.

15. If the Practitioner’s performance on the Consult platform is not compliant with the expected guidelines of RMSPL or the Practitioner is found to be misusing the Consult platform, the Practitioner may result in losing the privilege of using the Consult feature & platform.

16. Practitioners shall not prescribe medical termination pregnancy medication, sedatives, Hypnotics, opioids, schedule X drugs, or fourth-generation antibiotics on the Consult platform. If any such drugs are indicated for treatment for a given consultation, the Practitioner shall refer the User for a physical consultation.

17. The Practitioners agrees not to request see for images or video of the User's private body parts in any manner whatsoever until and unless all other options have been exhausted to diagnose the User’s condition and it is absolutely necessary to arrive at a probable diagnosis.

18. For a Practitioner to complete a consult, it is mandatory to provide a consultation summary via the e-prescription module to all Users. The recommended contents (at least one) of the said consultation summary are as follows:

  • Summary of presenting illness
  • Provisional diagnosis
  • Medicine posology including side effects if any
  • Diagnostics
  • Lifestyle changes
  • Other instructions if any
  • Referral for physical consultation (if necessary)

19. The Practitioner acknowledges that should RMSPL find the Practitioner to be in viThe Practitioner shall indemnify and hold harmless RMSPL and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the Services provided by Practitioner, violation of any law, rules or regulations by the Practitioner or due to such other actions, omissions or commissions of the Practitioner that gave rise to the claim. olation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then RMSPL shall be entitled to cancel the consultation with such Practitioner or take such other legal action as may be required

20. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, the User may contact RMSPL's support team via mail: support@remedinart.com

21. It is further understood by the Medical Expert that the information that is disclosed by the User at the time of consultation is personal and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Practitioner privilege.

22. The Medical Expert understands that RMSPL makes no promise or guarantee for any uninterrupted communication and the Practitioner shall not hold RMSPL liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by RMSPL.

23. The Practitioner understands that RMSPL makes no promise or guarantee for the number of consultations that will be allocated to a Practitioner on the Consult platform. The consultations allocated to a Practitioner will depend upon various factors, which inter-alia includes, Consult response time, patient feedback and number of practitioners available, etc., It is the responsibility of the Practitioner to keep a track of their overall performance using the remedimart.

24. It shall be the responsibility of the Practitioner to ensure that the information provided by the User is accurate and not incomplete and understand that RMSPL shall not be liable for any errors in the information included in any communication between the Practitioner and User.

25. The Medical Expert shall indemnify and hold harmless RMSPL and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the Services provided by Practitioner, violation of any law, rules or regulations by the Medical Experts or due to such other actions, omissions or commissions of the Medical Expert that gave rise to the claim.

26. In pregnancy care service and doctor online consultancy service Doctors/Medical Experts, Sonography Centers, Pathology Lab test Centers will only get as much money as the consultancies, tests, ultrasounds and other things done by them. They will have to return the excess money to the company for unused services provided by them within 7 days from intimations received from the company to the third-party service providers which include doctors/ medical experts, Pathology lab test centres, Sonography/ Ultrasound centres, diagnostics centres and others who provide service to the company).

For Diagnostic (Pathology tests & Ultrasounds scans) Services:

  1. The company provides services through the Platform as a marketplace and facilitates the Users to avail diagnostic test/ packages facilities offered by Third Party Labs through the Platform. Company is not and shall not be responsible for any sample collected, tests conducted and reports generated by the Third Party Labs and do not deal with any of Third Party Labs’ client or patient managed by Third Party Labs through the Platform and only provides facilitation Services to the Users through the Platform. Use of the Platform may require the Third Party Labs to use software and the Third Party Labs have to ensure the procurement of such software from the concerned providers. Users and the Third Party Labs agree to use the Platform 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.
  2. The Third-Party Labs may not access the Services if the Third-Party Labs are the Company's direct competitor, except with Company’s prior written consent. Besides, the Third Party Labs may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
  3. Company will provide to the Third Party 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 Company’s reasonable control, including without limitation Force Majeure Events (as defined hereinbelow). The company will provide the Services only following applicable law(s) and government regulations.
  4. The Services may be subject to certain limitations, such as limits on disk storage space, on the number of calls Third-Party Labs are permitted to make against Company’s application programming interface, and, other limitations dependent on the Third-Party Labs plan, for example, number of SMSes, or number of Users. Any such limitations are specified in the Third Party Labs’ plans. The Services provide real-time information to enable Third-Party Labs to monitor such Third Party Labs’ compliance with such limitations.
  5. Notwithstanding anything to the contrary contained herein, Third-Party Labs alone shall be liable for Third-Party Labs’ dealings and interaction with the Users who avail the services of the Third Party Labs or diagnostic centres contacted or managed through the Platform and Company shall have no liability or responsibility in this regard. The company does not guarantee or make any representation concerning the correctness, completeness or accuracy of the information or details provided by such Users, Third-Party Labs or any diagnostic centre or any third party through the Platform. Services should not be used for emergency appointment purposes.
  6. The company does not guarantee or make any representation concerning the correctness, completeness or accuracy of the tests conducted and reports generated by the Third Party Labs.

Company may, at its sole discretion, suspend Third Party Labs or Users ability to use or access the Platform at any time while Company investigates complaints or alleged violations of these Terms of Use, or for any other reason. The company has the right to edit profiles of Third Party Labs to make them more suitable for package searches on the Platform. If Third-Party Labs and/ or Users find any wrong information on the Platform concerning such Third Party Labs and/ or User, they can correct it themselves or contact the company immediately for such corrections. The company shall have no liability or responsibility in this regard.

For Pregnancy Care Services:

  1. The women may have to visit physically to medical expert, clinics/hospitals, diagnostic center and pathology labs for test/scans that cannot be undertaken at any other location.
  2. Lab test, ultrasounds scans, vaccinations and extra medical expert, consultancies suggested by experts other than mentioned in the package will be responsible for women. The woman will be responsible for payment to the respective person (from where she did the tests, not the company) of the same test and she should upload all reports of the same on the dashboard.
  3. The company will only provide the first 2 doses of prescribed medicines by the online consultancy of human doctors. This is only applicable for online doctor consultations/consult/chat with doctors service
  4. In the case of women, pregnancy service subscription of the Company may be linked to the services of third parties, affiliates and business partner has no control over, and not liable or responsible for the content, accuracy validity, reliability, quality of such Subscription Services or made available by/through our Subscription Services. Inclusion of any link on the Subscription Services does not imply or endorse the linked site. Users may use the links and these Subscription Services at the User’s own risk.
  5. Doctors have to open a consulting platform for the next 3 days from the opening of consultancy event dates for free follow up. After that chat/audio/video window will be automatically closed for that consultancy.
  6. The company shall not provide any medicines prescribed by our medical experts who are part of pregnancy care groups in pregnancy care service packages. Users have to buy prescribed medicines at their own cost from their convenient pharmacist.
  7. The company Shall provide their vehicles for going to In clinic visits, sonography/ultrasound scans and pathology lab tests (which can not be possible to do at pregnant patients home). If a user refuses to go with a company's vehicle then the company shall not be responsible/liable for refunding /providing any travel allowance. The company shall allow the only pregnant patient in the vehicle.
  8. The company shall not provide any pregnancy surgery/delivery (normal or Caesarean -Section ). Company or Medical Experts only suggest but not compulsory the options for delivery of the baby and shall not be responsible for any pregnancy surgery/delivery (normal or Caesarean -Section ). Users have to do a delivery of the baby at their own cost and risk. Users have the complete right to choose a hospital/maternity home for the delivery of a baby.
  9. The company provide the best pregnancy care service which is verified by authorised medical experts but shall not be responsible/liable for any pregnancy surgery/delivery (normal or Caesarean -Section ), miscarriage or spontaneous abortion of the baby. Also, Company shall not be responsible for any complication that never exists or happens before today’s date; during pregnancy or after pregnancy or delivery of the baby.
  10. We will not be responsible/liable for any type of medical and non-medical complication that occurs/happens during 9-month pregnancy care or after pregnancy care or labour/delivery of baby to the patient or infant/baby due to services provided by us.
  11. We provide the best pregnancy care but if there will be risk/failure to the life of patient and baby due to service provided by us which is not even guaranteed by the best medical expert. Hence company and medical experts provided by the company are not responsible/liable to risk/failure(death) to the life of the patient and baby.
  12. The company is not responsible/liable for any problems occurring due to past pregnancy history during ongoing pregnancy and after pregnancy to the user and baby.
  13. All Terms and Conditions of Use are applicable for the services that come under pregnancy care service like online and in-clinic doctor consultancy, pathology lab tests, diagnostic/ultrasound scan except the right to choose a medical expert to user due to system setup.
  14. Company Shall / not provide or do sex determination of foetus/baby through an ultrasound scan, pathology lab tests and medical experts consultancy.
  15. For every paid package of women pregnancy care, the user shall not obtain service for more than one user. For a single package, the Users attempt to obtain pregnancy care for more than one User through a single paid pregnancy care package on the company platform, such service will not be addressed by the company and medical experts.
  16. In the case of the double foetus(twins) / triple foetus(triplet) company shall charge extra charges from users other than package cost due to an increase in the charges of service.
  17. Company shall not be responsible/liable to risk/failure to the life of anyone foetus from the double foetus(twins) or risk/failure of both foetus or risk/failure of both foetus and user.
  18. Company shall not be responsible/liable to risk/failure to the life of anyone foetus from the triple foetus(triplet) or two foetuses or all three foetuses and user.
  19. Company shall not be responsible for any loss or damage that happens with the user during a travelling to sonography/ultrasound scan centre, pathology lab centre and medical expert’s clinic/hospital/maternity home.
  20. Company shall not be responsible or liable for any damage happening to users or infants/baby due to medical & non-medical kit provided by (REMEDINART MEDICO SERVICES PVT LTD) Company.
  21. The company shall not be responsible for any damage/loss/failure of life of patient or infant/baby due to prescribed medicines, suggestion, Pathology tests, Ultrasound scan and any other care/treatments given/suggested by medical experts.
  22. All Terms and Conditions of use for all service providers mentioned above (In Terms of use for an online doctor consultation, Terms of use for Diagnostic/Pathology Lab & General Term) are also applicable for pregnancy care service providers.
  23. By clicking on the check box - the user will agree with terms and conditions, disclaimer and privacy policy; the user agrees to share his/her medical reports of pathology lab tests, sonography/ultrasound scan reports, prescriptions given by any medical experts with medical expert or group of medical experts for pregnancy care service and doctor online consultancy service on online platform ‘ www.remedinart.com ‘ which is only viewable to Medical Experts and not to any other person /Company. These reports can be generated by any tests/sonography suggested by any medical expert for treatment or diagnostic.
  24. The User shall make payment using the third party payment gateway on an online platform ‘www.remedinart.com’ to make payments online, solely at the User's discretion. Should there be any issues concerning the payment not reaching the RMSPL account, the User may contact RMSPL's support team via support@remedinart.com, and the company is not responsible for any payment loss or deduction of money from the user's account. Only a Third-party payment gateway is responsible for the payment related issue.
  25. If a User buys pregnancy care service from remedinart at any time between pregnancy and not from the start of the pregnancy then the treatment/care starting from that week when the user buys services. Users get the refund of money of unused Consultancies, unused Tests and unused ultrasounds as per decided by company and company has final rights regarding this (Refund of money and other things).
  26. In pregnancy care service and doctor online consultancy service Doctors/Medical Experts, Sonography Centers, Pathology Lab test Centers will only get as much money as the consultancies, tests, ultrasounds and other things done by them. They will have to return the excess money to the company for unused services provided by them within 7 days from intimations received from the company to the third-party service providers which include doctors/ medical experts, Pathology lab test centres, Sonography/ Ultrasound centres, diagnostics centres and others who provide service to the company).
  27. In pregnancy care service users will get only those services/products which are mentioned in the description of package/service bought by the user and the user will have to pay extra for extra services/product other than mentioned in the package/service to the company if taken by the user.
  28. We are not liable or responsible for providing any prescribed medicines given by medical experts

REGISTRATION

For every user to avail of the services provided by or on the platform, the User shall have to register themselves on the platform. For the purpose of Registration, the User shall have to provide the following information to the Company during the process of the Registration and the same shall be stored on the servers and database of the Company. The information includes but is not limited to

  1. Name
  2. Phone Number
  3. Gender
  4. Age
  5. Address (including country and ZIP/ postal code)
  6. Medical History
  7. Physiological and Mental Conditions
  8. History with Allergies (if any )
  9. Treatment Prescription (optional)
  10. Valid Payment details
  11. Aadhar Card, Health Card (Optional)
  12. Other details as You may volunteer.
  13. Past Medical Prescriptions / Medical Reports

The usage and registration on the platform are free of cost and the Company shall not charge any registration charges for the purpose of usage or registration on the platform. However, the Platform shall charge the User for the purpose of using any services provided by the Platform or such other Vendors on the platform. However, registration is compulsory for every user in order to avail of the services provided by the Platform.

ELIGIBILITY

  1. The Users jointly represent and warrant that they are competent and eligible to enter into legally binding agreements and of 18 years of age and that they have the requisite authority to bind themselves to these Terms following the Law.
  2. The Users further represents that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
  3. The Users may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
  4. Family Dependents can use the Platform under the umbrella of “Family Tree” whereas the main user agrees on terms & conditions and Payment terms for which the platform can be used only for the specific use for health-related services or in Medical Emergencies as well, with the prior consent or as per the rights given by the primary user of the family tree.

NO DOCTOR-PATIENT RELATIONSHIP

  1. The company does not replace Your relationship with a physician or healthcare provider. The information interpreted SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation or care from Your physician or other qualified healthcare providers.
  2. You acknowledge that the Medical Experts empanelled with Us are independent contractors and thereby Company has an independent contractor relationship with such Medical Experts and therefore in no event Company 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.
  3. 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 Platform (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 Platform should be used for information purposes only.
  4. The Company 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 providers, 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 Company You can ask and find informational questions and related educational answers by Medical Experts. The Platform is not a place for the practice of medicine, but Medical Experts on the Platform can be a resource for reliable, relevant general health information.
  5. Even if Your real-life doctor is on Company, personal medical advice, treatment or diagnosis are not permitted through the Platform, and by using the Platform You agree not to solicit these or use any information as if it were personal advice, treatment, or diagnosis. Whenever You want personal medical advice, treatment, or diagnosis, You should contact Your physician or professional healthcare provider and see them in person.
  6. We do not recommend or endorse any specific Medical Expert(s), tests, products, procedures, opinions, or other information that may be mentioned on the Platform. Reliance on any information provided on the Platform is solely at Your own risk. In case of any medical emergency, kindly contact Your nearest doctor/hospital or any related helpline.
  7. The Services are not for use in medical emergencies or critical health situations requiring prompt medical attention. The Services are not intended to be real-time and may not be the best solution when a face-to-face consultation is a must and therefore We strongly discourage any delay in seeking advice from Your doctor on account of something that You may have heard/viewed on the Platform. You take full responsibility for ensuring that the information submitted is accurate and the company shall not make any effort to validate any information provided by You for using the Services concerning the content, correctness or usability. We, to provide the best services possible could ask You to share more information as and when needed.
  8. The opinions, statements, answers and teleconsultation (collectively “Consultation”) provided by the Medical Experts through the Platform are solely the individual and independent opinions and statements of such Medical Experts and do not reflect the opinions of the Company, its affiliates or any other organizations or institutions to which such Medical Expert or such specialist or professional is affiliated or provides services. The company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Platform or by a licensee of the Company.
  9. The inclusion of professionals, specialists and/ or Medical Experts on the Platform or in any professional directory on the Platform does not imply recommendation or endorsement of such specialists and/ or Medical Experts nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any specialists and/ or Medical Experts contained therein. Such information is provided on an ‘as-is’ basis and Company disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
  10. The Company (the owners and the employee staff of Company), Medical Experts and third-party professionals who offer the Services through the Platform accept no responsibility for any medical, legal or financial events or outcomes related to the Services availed through the use of the Platform.
  11. The exchanges between the Medical Experts and the patient through the chat window and the e-prescription would be accessible to the Company to monitor the quality of the consultation.
  12. The Company 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 its employees, neither is the Company responsible for transmission errors, corruption of data.
  13. The Website may not be used for illegal purposes. Information and Services may not be used for any illegal purpose. 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 (such as a scraper) to access the Website, the Information, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her profile/ account. 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.
  14. Your right to use the Services is not transferable.
  15. 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 and the Company shall have no liability or responsibility in this regard. Remedinart 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. Services should not be used for emergency appointment purposes.
  16. The Company may, at its sole discretion, suspend the User’s or Medical Expert’s ability to use or access the Platform at any time while the Company investigates complaints or alleged violations of these Terms of Use, or for any other reason. The company has the right to edit profiles of Medical Experts to make them more suitable for patient/ Users searches on the Platform.
  17. The Services should not be depended upon and should not be treated as a replacement for obtaining consultation for diseases as the consultation provided through the Platform is generic in the approach and shall not and cannot act as a substitute for physical consultation with a doctor. Also, the Consultations provided through the Platform are not diagnostic in nature

CONTENT

All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the interviewer or third parties and the Platform has no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Platform.

All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright owner. The Users are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Platforms and whilst feedback and comments by Users can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for making any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.

The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content without written permission of the Company.

INDEMNITY

The Users of this Platform agree to indemnify, defend and hold harmless the Company/Platform, and their respective directors, officers, employees and agents (collectively, "Parties"), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these terms of use. Further, the User agrees to hold the Company/Platform harmless against any claims made by any third party due to, or arising out of, or in connection with:

  • User’s use of the Platform,
  • User’s violation of these Terms and Conditions;
  • User’s violation of any rights of another;
  • User’s alleged improper conduct according to these Terms;
  • User’s conduct in connection with the Platform;

The user agrees to fully cooperate in indemnifying the Company and the Platform at the user’s expense. The user also agrees not to settle with any party without the consent of the Company.

In no event shall the Company be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the Services or materials contained therein.

LIMITATION OF LIABILITY

a.The Founders/ Promoters/ Partners/ Associated people of the Company/Platform are not responsible for any losses, damages, injuries, expenses incurred by the Users or for any consequences arising out of the following events.:

  • If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
  • If the User has fed incorrect information or data or for any deletion of data;
  • If there is an undue delay or inability to communicate
  • If there is any deficiency or defect in the Services managed by Us;
  • If there is a failure in the functioning of any other service provided by the Platform.

b.The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the User through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.

c.Users are to comply with all laws applicable to them or their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.

d.The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.

To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.

TERM

a.These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Platforms.

b.The Users may terminate their use of the Platform at any time.

c.The Company may terminate these Terms and close any account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.

d.Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.

e.It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.

TERMINATION

a.The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s/ Third Party Service provider’s access to the Platform, or any portion thereof, at any time, without notice or cause.

b.The Platform also reserves the universal right to deny access to particular users/ Third Party Service providers, or to any/all of are on its Platform without any prior notice/explanation to protect the interests of the Platform and/or other visitors to the Platform.

c.The Platform reserves the right to limit, deny or create different access to the Platform and its features concerning different Users, or to change any of the features or introduce new features without prior notice.

d.The User / Third Party Service provider shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.

Upon termination of these Terms of Use, the company shall have no obligation to maintain or provide any of Other Party(s) data and may thereafter, unless legally prohibited, 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, login ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Other Party(s) account (or any part thereof).

COMMUNICATION

By using this Platform and providing his/her identity and contact information to the Company through the Platform, the Users hereby agree and consent to receive calls, e-mails, Notifications or SMS from the Company and/or any of its representatives at any time. (only with users consent)

Users can report to support@remedinart.com if they find any discrepancy with regard to Platform or content-related information and the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.

The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any representatives relating to any services availed by the User on the Platform or anything pursuant thereto and the Users agrees to indemnify the Company from any harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Privacy Policy.

Prohibited Advertisements under the Drugs and Magic Act:

Subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement referring to any drug which suggests or are calculated to lead to the use of that drug for –

  • The procurement of miscarriage in women or prevention of conception in women; or
  • The maintenance or improvement of the capacity of human beings for sexual pleasure; or
  • The correction of menstrual disorder in women; or
  • The diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the schedule of the Drugs and Magic Act, or any other disease, disorder or condition (by whatever name called) which may be specified in the rules made under the Drugs and Magic Act; or provided that no such rule shall be made except, in respect of any disease, disorder or condition which requires timely treatment in consultation with a doctor or for which there are normally no accepted remedies; or
  • Prohibition of misleading advertisements relating to drugs;
  • Subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which:
  • Directly or indirectly gives a false impression regarding the true character of the drug; or
  • Makes a false claim for the drug; or
  • Is otherwise false or misleading in any material particular.

It is hereby clarified that the Third Party Advertisers will comply with all the provisions of the Drugs and Magic Act and the Rules made thereunder. Further, it is agreed that the Third Party Advertisers shall be solely responsible for any penalty or any action taken by the governmental authorities for non-compliance with the Drugs and Magic Act and the Rules made thereunder.

Restricted Advertisements: Advertisements in the following categories are restricted and require approval on a case-by-case basis:

  1. Advertisements that promote or reference alcohol;
  2. Advertisements for online dating service.
  3. Advertisements for gambling and games of skill;
  4. Advertisements for lotteries
  5. Advertisements for financial services;
  6. Advertisements for contraceptives;
  7. Advertisements for online pharmacies or pharmaceuticals; and
  8. Political advertisements.
  9. Advertisement for pornographic, pedophilic, libellous, invasive of another's privacy.
  10. Encouraging money laundering

Testimonials & Endorsements:

  • Any testimonials and endorsements contained in advertisements must comply with all applicable law(s), industry codes, rules, and regulations. For example, a clear and conspicuous disclaimer is required if an endorser's results were atypical or if the endorser was paid;
  • The company recognizes and maintains a distinct separation between advertising and sponsored content and editorial content. All advertising or sponsored content on the Platform of the Company will be clearly and unambiguously identified; and
  • A click on an advertisement may only link the User to the Platform of the Third Party Advertiser(s).

Editorial Policy for the Platform –

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

  1. Company Content is original and is relevant to the general public;
  2. Topics for Company Content are selected by Our board of qualified experts consisting of certified medical experts, pharmacist and medical professionals;
  3. Topics for Company Content are chosen based on current health news, drug alerts, new drug launches, latest medical findings published in peer-reviewed medical journals, such as ‘The Journal of the American Medical Association’, ‘The New England Journal of Medicine, ‘The Lancet’, ‘Pediatrics’, ‘Diabetes Care’, and many others;
  4. The Editorial Board (as mentioned below) takes into account the latest trending health and wellness topics like dengue, swine flu, seasonal allergies, new vaccines, public awareness trends like breast cancer awareness month," and ‘Healthy Heart Month’; as well as emerging health and nutrition trends like health benefits quinoa, use of BGR 34 for managing diabetes, alternative medicine like Ayurveda, homoeopathy and much more;
  5. The company maintains principles of fairness, accuracy, objectivity, and responsible, independent reporting;

The member of Company has to fully disclose any potential conflict of interest with any of the Third-Party Service Providers;

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

The User agrees and acknowledges that they are a restricted user of this Platform and that :

  1. They agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. The company is not liable if the User has provided incorrect information.
  2. 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;
  3. 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;
  4. 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;
  5. 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;
  6. 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;
  7. In very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and
  8. Delays in medical evaluation and answers could occur due to deficiencies or failures of the service.
  9. Agree to ensure the Name, Email address, Address, Mobile number and any such other information provided during account registration is valid at all times and shall keep your information accurate and up-to-date.
  10. Users agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. The company reserves the right to close your account at any time for any or no reason.
  11. Understand and acknowledge that the data submitted is manually entered into the database of the Platform. The User also acknowledges the fact that data so entered into the database is for easy and ready reference for the User, and to streamline the Services through the Platform.
  12. Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Client responses, Client locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and optimisation of User-related options and Services.
  13. Understand and agree that, to the fullest extent permissible by law, the Platform/Company and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Platform or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
  14. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Company.
  15. Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User’s access to the Platform. The User acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any liabilities arising concerning such offensive content on the Platform.
  16. Expressly agree and acknowledge that the Content generated by the Users and displayed on the Platform is not owned by the Company and that the Company is in no way responsible for the content of the same. The User may, however, report any offensive or objectionable content, which the Company may then remove from the Platform, at its sole discretion.
  17. Expressly consents to follow the terms and conditions, and policies of the Vendor affiliated with the Company from whom the Users are utilizing services.

You accept and acknowledge the following:

  • Company shall not be responsible for the mishaps/missed services due to no service/no show from the lab for sample collection;
  • The company shall not be responsible for any error in the sample collection and/ or reports generated by the Labs/ Diagnostic Centers
  • In no event shall the company be liable for failure on the part of the diagnostic centres to provide agreed services or to make provisions for the carrying out the Services
  • All the professionals associated with the Company/Platform are well trained and Registered with concerned registering authority of India/State (like Medical Council, Nursing Council, Paramedical Council etc) to discharge his /her services in concerned speciality but even though if any injury, harm or loses caused due to Blood sample collection, Home nursing services, Home Physiotherapy, Doctors Appointment or Online doctors consultation etc, For such of any consequences the concerned registered professional is liable for the consequences happened during the discharge of his services delivered through the Platform, the Company shall not liable for any of such consequences.

The User further undertakes not to:

  • Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
  • Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
  • Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked Platforms.
  • Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (s);
  • Violate any code of conduct or guideline which may apply for or to any particular service offered on the Platform
  • Violate any applicable laws, rules or regulations currently in force within or outside India;
  • Violate any portion of these Terms or the Privacy Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
  • Commit any act that causes the Company to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Company/Platform;

Further:

  • The User hereby expressly authorizes the Company/Platform to disclose any and all information relating to the User in the possession of the Company/Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
  • By indicating the User's acceptance to purchase any service offered on the site, the user is obligated to complete such transactions after making payment. Users shall prohibit from indicating their acceptance to avail services where the transactions have remained incomplete.
  • The User agrees to use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only.
  • The User agrees not to make any bulk purchase to indulge in any resale activities. In case of any such instances, the Company reserves all rights to cancel the current and future orders and block the concerned User account.
  • The User agrees to provide authentic and true information. The Company reserves the right to confirm and validate the information and other details provided by the User at any point in time. If upon confirmation such User details are found to be false, not to be true (wholly or partly), the Company shall in its sole discretion reject the registration and debar the User from using the Services available on its Platform, and/or other affiliated Platforms without prior intimation whatsoever.
  • The User agrees not to post any material on the Platform that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
    • Belongs to another person and to which the User has no right to;
    • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    • Is in any way harmful to minors;
    • Infringes any patent, trademark, copyright or other proprietary rights;
    • Violates any law for the time being in force;
    • Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
    • Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
    • Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
    • Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    • Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

PAYMENT, FEES AND TAXES

The User agrees to pay all Package fees, consulting fees and other fees applicable to User’s use of Services and the User shall not circumvent the fee structure. The fee is dependent on the Package that the User purchases and not on the actual usage of the Services.

Each user/member/Third Party Service Providers are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. The company is in no way responsible for any of the taxes except for its income tax.

The fee has to be paid online through the facility made on a third-party website called “Razorpay Payment” as mentioned on the Website/Platform. Third parties support and services are required to process online fee payment. The company is not responsible for any loss or damage caused to the User during this process as these third parties are beyond the control of the Company. To process the payments, Platform/Website or payment gateway the third party might require details of the User's bank account, credit card number, etc. All fees are exclusive of applicable taxes. Taxes will be charged extra as per Government rules. The company reserves the right to modify the fee structure by updating the fee structure on the Website /Platform at any time which shall be considered as valid and agreed on communication.

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, the Company may in its sole discretion, limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or refuse to the usage of the Platform to the User, without being required to provide the User with notice or cause:

  • If the User is in breach of any of these Terms or the Privacy Policy.
  • If the User has provided wrong, inaccurate, incomplete or incorrect information.
  • If the User’s actions may cause any harm, damage or loss to the other Users or the Company, at the sole discretion of the Company.

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Company or the respective copyright or trademark owner. Furthermore, concerning the Platform created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.

The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Company/Platform, to be determined at the sole discretion of the Company.

The User is aware of all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Company or any other User. The User is aware that the Company merely provides a platform through which the Users can communicate and schedule meetings, and the Company/Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from created graphics and specified content.

The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

RISKS OF USING COMPANY’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:

While the Platform is an honest attempt to provide access to the best possible medical information to the Users, the Medical Experts will not be examining You physically. The Medical Experts may not have access to all or some of The medical history that might be critical to consult You. The Medical Experts will 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 the opinion of Your diagnosis. To reduce the risk of this limitation, the company strongly encourages You to be in touch with an on-ground physician and share the Company’s opinion with him/her.

By requesting a medical opinion through the Platform, 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.

DISCLAIMER OF WARRANTIES AND LIABILITIES

  • The User agrees and undertakes that they are accessing the Platform at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon.
  • The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these.
  • The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these.

It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

FORCE MAJEURE

Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to force majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through Arbitration. It is further agreed to by the Parties that the contents of this section shall survive even after the termination or expiry of the Terms and/or Policy.

Arbitration: The said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all parties. The Parties shall bear their costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Pune, Maharashtra, India.

The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

NOTICES/GRIEVANCES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to “info@remedinart.com”.

MISCELLANEOUS PROVISIONS

  • Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
  • Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
  • Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
  • Contact Us:If you have any questions about this Policy or any other policy, the practices of the Platform, or your experience, you can contact us at “info@remedinart.com” or the address mentioned below.

Remedinart Medico Services Private Limited

Plot No. 26, Parag Park,
Malhar Chowk, Station Road,
Ahmednagar, Maharashtra-414001.