TERMS & CONDITIONS FOR USE
- Application/App: Means a mobile/tablet or website software product owned and developed by MEDILIFE DIGITAL HEALTHCARE SERVICES PVT LTD
- Code of Ethics: Code of Ethics shall mean the Code of Ethics (Professional Conduct, Etiquette and Ethics) prescribed by the Central/State Regulatory Authority of the respective systems of medicine.
- Health Care Professional: A Health Care Professional (hereinafter referred to as HCP) shall mean any medical practitioner, practising in Allopathy, Homeopathy, Unani, Ayurveda or any other recognised health care profession, who is registered with the Union and/or State regulatory or licensing body of the respective system of medicine and is availing the services of the App.
- Parties: Parties shall mean the Users, HCP and the App.
- User: A User shall mean any natural or legal person, who is competent to enter into a contract as per the Indian Contract Act, 1872, who uses the Application/App, with or without registration, to avail the services offered, for himself or herself and/or for any other person.
- For the Purposes of this clause the terms “We” (shall refer to the APP) and the term “you” (shall refer to the User).
CODE OF CONDUCT
The User shall ensure that his/her conduct is not in violation of any of the laws in force in India, including but not limited to the following:
- The Information Technology Act, 2000
- The Indian Penal Code, 1860
- The Indecent Representation of Women Act, 1986
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
- Telemedicine Practice Guidelines
You agree not to use the Website or Services for any illegal or prohibited purpose as set out in this section. You agree not to use the Website or Services in any way that would harm the Owner’s website, services, or overall business.
- You also agree not to use the Website or Services in the following ways:
- Harassing, abusing, or threatening others, or otherwise infringing on their legal rights;
- To infringe on the Owner’s or a third party’s intellectual property rights;
- To upload or otherwise propagate computer viruses or other malware that may cause harm to another’s property;
- VI) To publish or transmit any obscene or defamatory material
- VII) To publish or disseminate any material that incites violence, hatred, or discrimination against any group;
- VIII) To illegally collect information about others
You are prohibited from using the site or its content:
- for any illegal purpose; (b) to encourage others to commit or engage in illegal crimes;
- c) to deliberately or unknowingly infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy;
- d) to break any law, statute, ordinance, or regulation, whether local, federal, or international;
- e) Harassing, insulting, injuring, defaming, slandering, disparaging, intimidating, or discriminating against someone on the basis of their gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- (f) to submit false or misleading information, or any content that is defamatory, libellous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious or pornographic, or exploits minors in any way, or assists in human trafficking, or any content that violates rights of publicity and/or privacy, or that violates any law;
- (g) to upload or transmit viruses or other malicious code that will or may affect the functionality or operation of the Service or any related website, other websites, or the Internet;
- (h) to collect or track the personal information of others;
- (i)to damage, disable, overburden, or impair the Website or any other party’s use of the Website;
- (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene
- (l) to personally threaten or has the effect of personally threatening other Users. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
All content provided by Users on the Website is subject to full review by the Company. You acknowledge that the Website is not responsible or liable for any information submitted to the Website by yourself or any other User of the Website, and that you are solely responsible for such material. You agree not to upload, post, or transmit any content that you do not have permission to distribute (such as, the intellectual property of another party).
You agree to follow with all applicable laws, statutes, and regulations when using the Website, and you further agree not to transmit any information, data, text, files, links, software, chats, communication, or other materials that are abusive, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful, or racially or otherwise objectionable, including without limitation material of an illegal nature.
We may monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service, but we have no obligation to do so.
You may not use our products for any illegal or unauthorized purpose, and you may not break any laws in your jurisdiction by using the Service (including but not limited to copyright laws).
Users will receive information on whatsapp and sms on the mobile number provided while availing the services on DRMEDILIFE. This helps DRMEDILIFE send reminders, order statuses, booking reminders and other relevant information. Users accept the nature and risk associated with such communications.
FAIR USAGE POLICY
The Services of DRMEDILIFE cannot be used for personal gains or in conjunction with any commercial activity including but not limited to using on the application. DRMEDILIFE reserves the right to limit, suspend, disable or discontinue your Service in the event that it is discovered that the Service is being used in conjunction with any commercial activity including but not limited to using on the application or for commercial gains or misuse of service for not intended purpose.
- The use of free consultations via our Gold plan shall be restricted on a daily, monthly, weekly and yearly basis. Capping of which is subjected to change.
- The application is constantly reviewed by our internal teams to ensure we deliver the right benefits to our customers and avoid any mis-use of our services.
- To read more about the policy visit, Your Gold/Gold Store page in our applications.
- The User’s DRMEDILIFE Wallet balance amount shall expire in the event said wallet amount is unutilized for a period of one year from the date of crediting the amount in the said wallet. Amount credited to the wallet through gift card redemption by the User is exempted and gift card terms shall be applicable in this regard.
Without limiting any other provisions of these Terms, you may not use this Application for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this Application may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason.
NATURE OF SERVICE & LIMITATIONS
- No Doctor-Patient Relationship between Us
We do not practice medicine and do not provide medical consultation. We merely provide a technology platform and infrastructure that enables you to connect with participating medical practitioners listed on the Service and to use the messaging or communication facilities of the Service that are designed to enable you to communicate with others (‘Communication Tools”) to consult with a medical practitioner recommended to you.
Medical practitioners listed on the Service have signed / accepted contracts with us and represented to us that they are duly qualified to practice medicine in India and are enrolled on the Medical Register in one of the States in India. While we make reasonable enquiries to confirm the veracity of this representation made to us by the medical practitioners, we shall not be responsible for any misrepresentation or fraud in this regard. We do not recommend or endorse any medical practitioners or make any representations or warranties with respect to the quality of the medical services a medical practitioner may provide to you.
The use of the Service does not create a doctor/patient relationship between you and us. All medical consultation shall be provided to you by the concerned medical practitioner directly and as such, the medical practitioner you consult with shall be solely responsible for compliance with all requirements applicable to his or her professional services provided to you and liable to you for all medical consultation, medical advice, diagnosis or treatment recommended or provided to you. We shall not be responsible or liable for any defect or deficiency in the medical consultation, diagnosis or treatment recommended to you by any medical practitioner.
Any diet plans or advice or information that may be provided on or through the Service is for information only, does not constitute a medical opinion or advice or a diagnosis or treatment and is not a substitute for professional medical advice, diagnosis or treatment.
We are not responsible for the accuracy of the results of any Self – Assessment Tests made available as part the Service. These tests are solely for information purposes to suggest probable risks to users having a particular health issue and the results of the tests do not constitute a medical opinion or diagnosis. You should consult a medical professional before acting on the results of any such tests.
- Not for Medical Emergencies & Not a replacement for your Primary Care Physician
The Service we provide is NOT for use for medical emergencies, for life threatening conditions or for when you need acute care. You should not disregard or delay to seek medical advice from your physician based on anything that appears or is provided to you by or through the Service.
The consultation provided to you by medical practitioners through the Communication Tools are not intended to replace your relationship with your primary care physician and you should continue to consult with your primary care physician and other health care professionals as needed / recommended. You should seek emergency help or follow-up care when recommended by a medical practitioner or when you are of the opinion that such help or care is prudent in your sole opinion.
- Limitations of Online Consultation and Informed Consent
When you seek consultation with any medical practitioner using the Communication Tools made available through the Service, you understand the limitations and potential risk of online consultations, including but not limited to the inability to carry out a physical examination or other extensive investigations; delays or failure arising from the disruption of communication devices or Communication Tools; the insufficient quality of information transmitted online, lack of access to your medical records or medical history amongst others and the inherent risks of breach of privacy associated with sharing your sensitive personal information or medical information through the Communication Tools. You take full responsibility for ensuring that any information you submit is complete and accurate and understand that the medical practitioner relies solely on information provided by you. We shall not be responsible for any errors in transmission or for the corruption or compromise of any information communicated over telecommunication services. Therefore, before sharing any information or acting on any information or advice offered to you by or through the Service, you should confirm that you have understood and accept the associated limitations and risks and agree that you are not using the Service as a substitute for consultation with your primary care physician.
The transmission, storage and/or retrieval of data and information and the provision of the Service through the internet is subject to a variety of factors beyond our reasonable control, including any interruption or unavailability of third-party telecommunication services used to host / provide the Service. In no event will we be liable for any failure or interruption of the Service, including without limitation those failures or interruptions resulting in part or entirely from circumstances beyond our reasonable control.
Without prejudice to the above, a medical practitioner may, in his or her sole discretion and professional judgment, determine that the online consultations through the Service are not appropriate for some or all of your needs and, accordingly, may elect not to provide services to you through the Service.
- No Sale or Offer to Sell Drugs /Medicines
We do not distribute, sell, stock, exhibit or offer for sale any drugs or medicinal preparations and merely allow you to use the functionality offered by the Service to transmit orders for drugs / medicinal preparations to third party pharmacies through us and pay for your purchases through us. If you are the customer of a third-party online pharmacy that has in turn referred you to one of our participating medical practitioners for a consultation, you hereby consent and authorise the concerned medical practitioner and us to transmit any prescription/s that may be issued to you pursuant to your consultation, to the said third party online pharmacy. All offers for sale; orders and the sale of drugs / medicinal preparations shall be between you and the concerned third-party pharmacy and we shall not be a party to the said transaction. Therefore, we shall not be responsible or liable for any defect or deficiency in the goods or the service provided to you by a pharmacy.
Pharmacies who we deal with have represented to us that they are duly qualified and licensed to sell drugs and medicinal preparations as per applicable law in India. While we make reasonable enquiries to confirm the veracity of this representation made to us by the pharmacies, we shall not be responsible for any misrepresentation or fraud in this regard. We do not recommend or endorse any pharmacy or make any representations or warranties with respect to the quality of the drugs or medicinal preparation they may sell to you or their services in relation to the sale/purchase transaction.
Medical practitioners may prescribe medications when medically indicated in their sole professional judgment. In the event that a medical practitioner does prescribe a medication, it will be his/her duty to comply with all applicable laws and we advise them to prescribe a medication as determined appropriate in his/her sole discretion and professional judgment. You agree that any prescriptions that you acquire from a medical practitioner by/through the Service shall be solely for your personal use. You agree to fully and carefully read and follow all instructions provided to you by the medical practitioner and all product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
The third-party pharmacy may require you to produce clear and valid prescriptions as required by law for the sale of drugs / medicinal preparations to you.
User understands and agrees that the App is merely a technology platform and the medicines and pharmaceutical products are sold by respective Merchants. App shall not be held responsible in any manner for any error or omission or act committed on part of the Merchant.
USE OF SERVICE
- You agree to use the Service (including the Communication Tools) only in accordance with these Terms and all applicable laws. You may not use the Service in any manner that could damage, disable, overburden or impair our computer systems or interfere with any other party’s use and enjoyment of any Service. You should not attempt to gain unauthorized access to any Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
- Without prejudice to the above, you agree not to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
- 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
- You are solely responsible for all information you transmit or share using the Communication Tools and we are not obliged to monitor the same. However, we reserve the right to review any information or materials you share using the Communication Tools and to remove (without notice to you) any information or materials that we find, in our sole discretion, violates any applicable law or these Terms. To this extent, you hereby waive doctor-patient confidentiality and expressly authorise us to review all information you transmit or share using the Communication Tools. In the event of non-compliance with the Terms, we may (without notice to you), immediately terminate your registration with us and/or prevent your access or use of the Service.
PAYMENT FOR SERVICE
- We use a third-party payment gateway for processing payments due to us. The processing of payments will be subject to the terms, conditions and privacy policies of the payment gateway, in addition to these Terms. We don’t control and are not liable for the security or performance of the payment gateway. You agree to pay us, through the payment gateway, all charges at the rates then in effect for any purchase in accordance with the applicable payment terms. We reserve the right to correct, or to instruct our payment gateway to correct, any errors or mistakes, even if payment has already been requested or received.
- We do not store any payment details including but not limited to net banking, Credit card or Debit card details.
The App shall undertake necessary processes to secure the data provided by the User. The App currently, encrypts the data provided with 256-bit encryption and stores it in a private cloud with SSL Security Protocols.
The App shall diligently undertake processes and procedures to protect the privacy of the data collected from the User.
The App shall not be liable for the disclosure of sensitive personal data or personally identifiable data by the User.
The App shall not be liable for the disclosure of sensitive personal data or personally identifiable data caused due to circumstances beyond the control of the App.
REFUSAL OF SERVICES
The App reserves the right to refuse its services to any of the Parties for any reason whatsoever.
In the event that the User has availed the services of the App to secure an appointment with the HCP and subsequently the HCP refuses to provide his/her services to the User, the App shall not be held liable.
In the event User makes avail the App to unauthorized Users other than what is agreed in the App.
In the event the Patient is not present himself or herself while availing the Services vide the App, DRMEDILIFE may refuse to provide the Services to the representative of the Patient, if any, except when the presence of such Patient is not possible due to medical reasons or if the said Patient is legally incompetent to avail the Services by himself or herself.
- Violation of the laws in force;
- Complaints of indecent behavior;
- Providing fraudulent and/or misrepresented information/details;
- Suspicion of any illegal activity being conducted;
- Any other activity which is punishable by law.
- Alleged misconduct or harassment.
The App shall retain the right to terminate this agreement for convenience, with or without giving notice to the User.
THIRD PARTY LINKS & ADVERTISEMENTS
- The Service may contain links to third party websites/applications and third-party advertisements that are not maintained or controlled by us. Third party links and advertisements are provided for your convenience only and does not imply endorsement or any representation or warranty by us to content, goods or services that may be offered by these third parties.
The App shall not undertake warranty for any loss/damage/injury caused to the User or to any other person for whom such services were availed, in the course of care and treatment provided by the HCP.
The App shall not be liable for any acts or omissions of the HCP which amount to medical negligence/ professional misconduct/ deficiency in service/ violation of any law in force.
The said written communication shall be deemed to be complete and effective:
- as against the Party who sends it – at the time when the said communication is transmitted;
- as against the Party to whom it was sent – at the time when the said communication is received.
The said communication shall contain the name, contact number, and address of the Sender.
JURISDICTION, MEDIATION, AND ARBITRATION
- For Third Party Advertisements
The App shall not be liable for any advertising representations made by the Third Party and/or the quality and authenticity of the products or services advertised.
The App does not endorse or support the content of Third Party Advertisements.
- For advertisements by the App
The contents of the advertisement are meant only for commercial and promotional purposes. The App shall not be responsible for any harm, damage or loss caused by reliance on such representations that amount to puffery.
The Parties acknowledge and agree that any information provided in relation to the User’s sensitive personal information or personally identifiable information shall be confidential. Such confidential information shall not be communicated to a Third Party without the consent of the User unless
- Such information is already accessible in the public domain;
- Such information is mandated to be disclosed by any relevant laws, government mandates or Court orders;
- Such information is required to be disclosed by the App to its legal counsel who shall, in turn, be bound by the confidentiality clause as envisaged in this agreement.
The circumstances beyond the control of the App shall deem to include, but is not limited to, interruptions, difficulties, loss or malfunction of utilities, software or hardware; Acts of God; Civil Unrest; War; etc.
The Parties shall comply with all relevant laws, bye-laws, rules, regulations, orders, notifications, judgments and decrees in force, applicable to it and its business operations enforced either by the Union Government and/or by the respective State Governments, in their respective jurisdictions.
- If you have any concern or grievance with respect to the Service, please e-mail us at [email protected] and we will study the matter and take such action as we deem appropriate under the circumstances.
CANCELLATION AND REFUND POLICY
MEDILIFE DIGITAL HEALTHCARE SERVICES PVT LTD, a company incorporated under the Companies Act, 1956 and having its registered office at Thekkepattayil ,Perakam P,O, Chavakkad, Thrissur, Kerala, India (“DRMEDILIFE, we, us”), owns and operates www.DRMEDILIFE.COM and a mobile application under the brand name DRMEDILIFE (collectively referred to as the “Platform”) where users can place orders to purchase the Products and/or Services offered by us listed/available on the Platform (“User” or “Users” or “you”).
- Lab/Diagnostics Tests
A Lab/Diagnostics Test can be cancelled until the status of the Lab/Diagnostic Test turns to “sample collected” on the Platform. Once the sample is collected, the Test cannot be cancelled and no refund will be provided to the User.
A Lab/Diagnostics Test can also be refused when empanelled phlebotomist arrives at the pickup location provided by the User. In such cases refund will be initiated as per the refund policy
- Medicines and OTC
Order cannot be cancelled once the order is accepted by our Pharmacy partner. Please reach out to our 24/7 customer support ( 9079999399) or [email protected] for any further assistance.
- Lab/Diagnostics Tests
MB Wallet and Cash on Delivery: 2 – 7 Working Days
NEFT: 2-7 Working Days
Online refund: 7-10 business days subject to the bank turnaround time and RBI Guidelines.
Other Wallets: 2 -7 Working Days
- Medicines and OTC
If the order is cancelled or partially delivered, the amount will be restored back within 5-7 working days to the source account.
CANCELLATION AND REFUND OF THE SERVICES:
- For DRMEDILIFE Subscription
- The User shall receive the Coupon Code after a period of 10 days. After the expiry of the 10th day, Services availed cannot be cancelled and no amount will be refunded.
- The User has the option to cancel the DRMEDILIFE Subscription services within 10 days of purchase and not after that.
- The Services, if cancelled within the first 10 days of the purchase, then a full refund will be provided to the User within 7-10 working days from the date of cancellation.
- For Health Checks and Labs
- Once the Heath Check and Lab Reports are generated for the availed Services then the User will receive the Coupon Code within 7 days.
- Users will not receive any Coupon Code if they have not availed the Heath Check and Lab Services.
- If the User doesn’t receive the Coupon Code after availing of the Services, the User has an option to call customer support and claim the coupon code/voucher directly.
- The Coupon Vouchers will be shared with the User(s) via online communication, i.e. – Email, WhatsApp or SMS, within 7-11 days post the purchase.
- If the purchase of the Service is cancelled before availing of the Service, offers will not be valid for the User(s).
- The User acknowledges that DRMEDILIFE has agreed to offer these Coupon Vouchers at its sole discretion. Nothing in these Terms or the General Terms shall be interpreted to obligate DRMEDILIFE to offer Coupon Voucher beyond the Offer Period or to restrict its right to withdraw the Coupon Voucher during the Offer Period. DRMEDILIFE reserves its discretion to deny Coupon Voucher to any User in its sole discretion, notwithstanding compliance by such User of the requirements set out in these Terms, the General Terms, applicable law or otherwise.
- All capitalized terms used but not defined herein will have the same meaning as ascribed to them under the General Terms. To the extent of any inconsistency between these Terms and the General Terms, the General Terms shall prevail.
- The User agrees that these Terms shall be governed in accordance with the laws of India.
- Any dispute arising out of these Terms shall be determined by arbitration in India, before a sole arbitrator appointed by DRMEDILIFE. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The arbitration award shall be final and binding on the parties to the dispute.
- Subject to the terms of Clause above, the courts of Bangalore shall have exclusive jurisdiction to try all disputes arising pursuant to or under these Terms.
OFFER TERMS AND CONDITIONS
- The Coupon Voucher can only be redeemed once per User(s) after the User(s) purchase any Service provided on the DRMEDILIFE Platform in accordance with the Terms herein.
- Hence, in furtherance of the same, User(s) on the platform may receive Service & marketing/promotional related telephonic calls, SMSs and/or emails from Us. When a User(s) then purchases any of the Services as mentioned under such communication, the coupon voucher will be then provided to the User(s) which can be redeemed respectively. The Services under which coupon voucher is provided are:
- DRMEDILIFE Subscriptions
- Health Check & Labs
(The above services on the platform are collectively referred to as “Services”.)
- The Coupon Vouchers will be valid for activation up to 90 days from the day the coupon voucher is issued to the User(s) , post which the User would not be able to redeem the same.
- Only one Coupon Voucher can be used at a time and cannot be combined with any other offer.
- The Coupon Voucher is not transferable and should not be resold or redeemed for cash.