YOUR USE OF THIS WEB SITE OR MOBILE APPLICATION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND THESE TERMS AND CONDITIONS SHALL CONSTITUTE A LAWFUL CONTRACT BETWEEN YOU AND THE PROVIDER.
- You agree and understand that, while some of the content, text, data, graphics, images, information, suggestions, guidance, and other material that is provided to you on the Web Site (including Information provided in direct response to your questions or postings) may be provided by medical practitioners, this Web Site or Mobile application is not a place for the practice of medicine, and no investigation, diagnosis and preventive or curative or rehabilitative medical treatment facilities are provided on this Web Site or Mobile application. This Web Site or Mobile application shall not be deemed to be, a hospital, medical establishment, pharmacy and/or diagnostic center in any manner whatsoever and this Web Site or Mobile application does not provide medical diagnosis, treatment, and / or prescription of any kind.
- Our further agree and understand that we do not endorse, market, promote, advertise or publicize any of the medical practitioners, diagnostic laboratories, pharmacies, and / or the listings, postings or information contained on the Web Site or Mobile application. In the use of the Web Site or mobile application, including but not limited to your interaction with the medical practitioners, etc, we strongly encourage you to exercise reasonable diligence as you would in traditional off line channels and practice judgment and common sense.
- You would be required to register yourself and create appropriate Medkumo user account to access the content on the Web Site or Mobile application in relation to the Services available. The registration procedure can be initiated and completed either through your Facebook account or your email account.
- Upon completing the registration, a Medkumo account would be created and you would be required to choose a user name / User ID and a password which would enable you to use the Services available on the Web Site or mobile application. You shall not share your password with any third party. The Provider shall not, in any manner, be liable for the consequences of misuse of your user name / User ID and the password by any third party.
General Terms of Membership :
- You are solely responsible for maintaining the confidentiality of your password and for all activities carried out under your Medkumo user account. You agree to prohibit anyone else from using your password and immediately notify the Provider of any unauthorized use of your password or other security concerns.
- You agree and acknowledge that the Web Site/Mobile application and the Services are for personal use only, and shall not be used for commercial purposes. Companies, organizations, business entities, professionals, etc may not become registered members on the Web Site or use the Web Site or the Services through individual members.
- You are requested to provide a valid email and other contact information, and keep such information updated, in order to ensure that the Provider and / or the medical practitioner (only if required) may get in touch with you.
- As a user, you agree not to host, display, upload, modify, host, publish, transmit, update or share any information that:
- belongs to another person and to which you do not have any right;
- 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 or would impersonate 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; and
- 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.
Charges or Fees :
- Services provided in the Web Site or Mobile application are subject to the charges as detailed in respect of each Service, and such charges are liable to change subject to prior notification on the Web Site or Mobile application.
- Any charges levied by your internet service provider / network service provider at the time of web-based communication, downloading / uploading of documents, use of the Web Site, etc, shall be solely borne by you and shall not be included within the charges for the Services, and the Provider shall not have any liability in this regard.
- Any other charges, such as any charges levied by your bank, which may accrue while paying for the Services, shall be borne solely by you and the Provider shall have no liability in this regard.
Patient Records :
- Your Medkumo user account would store records of your consultations and your personal health information online, including medical and / or personal history, health conditions, allergies, the prescribed medications, prescribed laboratory and diagnostic tests and their results and reports, etc (â€œRecordâ€). You agree to provide accurate information and periodically review such information and to update such information as and when necessary. The Provider reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Web Site or Mobile application according to its internal record retention and/or destruction policies.
- The privacy and security of your Records are of utmost importance, and the Provider uses some of the most advanced security technology available that is appropriate to protect that privacy. However, you understand and acknowledge that your Records are only secure if you protect your account and the password and change your password frequently, and do not divulge your account details to any third parties.
- You hereby unconditionally grant the Provider, its employees, officers, directors, agents, and contractors, and all other persons or entities involved in the operation of the Provider or of the Web Site and mobile application the right to access, transmit, receive, monitor, retrieve, store, maintain, and use the Record in your account to provide the Services and operate the Web Site or mobile application, including but not limited to converting documents received on your behalf to an electronic format, forwarding the same to the appropriate and permitted personnel and maintaining the account.
- You may upload your personal health information and medical records, X-rays and other personal medical images, and other health-related information onto the Web Site (if required and applicable). To the extent permitted by law, any such records, images and information shall form part of the Record, and shall become the property of the Provider and will not be returned. The Provider assumes no responsibility for the quality of X-rays or other personal medical images reproduced on the Web Site or for medical decisions which are based on X-rays, ECGs, or other personal medical images archived on the Web Site.
Supplementary Communication :
The Provider may send you newsletters and other information regarding common medical and health-related topics or preventive care messages containing specific medical and health-related information, links to other related websites, and may make available self-care informational services that provide general, medical and health information. These communications and resources are not comprehensive medical text and do not include complete potential information pertaining to the subject matter. These are solely meant for general, educational and informational purposes and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or construed, directly or indirectly as the practice of medicine or dispensing of medical services by the Provider or the Web Site.
Site License :
Limitations on Use :
The Content on this Web Site or Mobile application is for personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any automatic device, or manual process to monitor or copy our Web Site or the Content without the Provider’s prior written permission. You may not access the Providerâ€™s networks, computers, or the Content 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 Content or Services, other accounts, computer systems, or networks connected with the Provider, the Content, or Services. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permitted above. You may not use or otherwise export or re-export the Web Site or any portion thereof, the Content or any software available on or through the Web Site or Mobile Application in violation of the export control laws and regulations of India. Any unauthorized use of the Web Site or its Content (including, but not limited to, using another user or medical practitionerâ€™s login credentials to access his or her Medkumo account, or attempting to solicit login information of any other user or medical practitioner) is prohibited.
Intellectual Property Rights :
- Any comments, suggestions or testimonials made on the Web Site shall be deemed as a full assignment of all rights whatsoever (copyright, patentability, and intellectual property) on such material to the Provider, and the Provider shall have the right to use the same as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution and the like without any compensation to the user.
License of Your Content to Provider :
No Solicitation :
In no event may any person or entity solicit any Users with data retrieved from this Web Site.
Presumption as to Internet knowledge :
Use of the Web Site requires basic familiarity with the Internet, telecommunication applications software, web-based communication facilities, related payment services and general security practices. You are expected to possess the necessary internet-usage skills and knowledge to avail the Services.
This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials.
Electronic Payment :
You agree, understand and confirm that the credit card / debit card / net banking details or the details of any other payment mechanism/s provided by you for availing services on the Web Site will be correct and accurate. You confirm that you shall not use the credit card /debit card / net banking details or the details of any other payment mechanism/s that are not lawfully owned by you. Your payment information and / or payment mechanism details will not be utilized and shared by the Provider with any of the third parties unless required by law, regulation or court order, and the said information / details will not be kept longer than necessary for providing the Services.
Cancellation Policy :
The user is prompted before confirming request of any service offered by Medkumo and payment option is enabled accordingly. In case the user wishes to cancel , it must be done before confirming any payments for such services. Medkumo does not entertain any cancellation after the payment has been completed successfully for any services.
Return Policy :
As such , the services obtained from Medkumo cannot be returned for back or refund of the amount paid while availing or confirming the requirement of services. It is understood that, the user agrees to make the payment on condition that the services will be availed at the appropriate time and date as requested for. In case of the products and services covered by our associate partners, the return policy will be applicable as per their terms and conditions and in most of the cases, it will be at the discretion of the such provider to recognise such returns.
Refund Policy :
ALL PAYMENTS MADE ON THE WEB SITE TO AVAIL THE SERVICES ARE NON-REFUNDABLE. In case of any unwarranted transactions, then you may contact the Provider atsupport@Medkumo.com and provide the requisite details and supporting documents in relation to such unwarranted transactions. The Provider may, at its discretion and as deemed fit, upon an investigation by it, refund the transaction amount to the User
Errors and Corrections :
Provider does not represent or warrant that the Web Site or Mobile application will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or Content at any time.
Customer Support :
Third Party Content :
Third party content may appear on this Web Site or may be accessible via links from this Web Site. Provider is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Provider.
The inclusion and registration of medical practitioners and professionals on the Web Site or in any professional directory on the Web Site does not imply recommendation or endorsement of such practitioner / professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any practitioner / professional contained therein. Such information is provided on an “as-is” basis and the Provider disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
The Web Site Is Provided On An “As Is” Basis. The Provider expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. The Provider disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from this Web Site and the Content, including but not limited to technical inaccuracies and typographical errors, (b) any third party web sites or content therein directly or indirectly accessed through links in this web Site, including but not limited to any errors in or omissions therefrom, (c) the unavailability of the Web Site or any portion thereof, (d) your use of this Web Site, or (e) your use of any equipment or software in connection with the Web Site.
Limitation of Liability :
The Provider and third-party professionals who offer services through the Web Site or Mobile application accept no responsibility for any medical, legal or financial events or outcomes related to the Services achieved through the use of the Web Site or Mobile application. The Provider shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the Web Site or Mobile application. The Provider shall not be liable for any special, direct, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, lawyers’ fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the Web Site or Mobile application or the Content, including but not limited to, Acts of God, communication failure, theft, destruction or unauthorized access to the Providerâ€™s records, programs or services.
Unlawful Activity :
Remedies for Violations :
- The Provider will take all necessary precautions to protect itself against hardware and / or software failures. You acknowledge and agree that temporary interruptions in service may occur, and that the Provider shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Provider makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. The Consumer acknowledges and agrees that in the event of failure, restoration of service may take several days.
Governing Law and Jurisdiction :
Severability of Provisions :
Third Party Protection :
The indemnification and disclaimers provisions set forth above are for the benefit of the Provider and its affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Assignment / Delegation :
The Provider may provide notice to the user, by e-mail to the e-mail address provided by the user during registration or by a general notice on the Web Site. You may give notice to the Provider at any time via electronic mail to firstname.lastname@example.org
Force Majeure :
Neither the Provider nor the user will be liable for any performance failure or delay for any cause beyond that partyâ€™s reasonable control.
Entire Agreement :
Privacy Practices and Policies of Medkumo :
- Medkumo (â€œthe Providerâ€, â€œwe,â€ or â€œusâ€) is committed to respecting the privacy rights of all users of Medkumo (â€œServicesâ€) provided via Medkumo (â€œWeb Siteâ€) and (â€œMobile Applicationâ€) and to protecting your personal and medical information. This policy details the type of information or data that is collected from you and the purpose for such collection, and also describes how information about you may be used, how it may be disclosed and how you may access this information.
- This page will serve as a policy of our privacy practices and a summary of your privacy.
Information that may be collected :
Quick Registration :
In order to use the Web Site or Mobile Application, you would be asked to register yourself by entering your name, date of birth, e-mail address and a mobile number. Upon entering such details, an access code would be sent to the registered mobile number. On keying in the verification code when requested on the Web Site or mobile application, you would be provided access to certain limited Services within the Web Site and Mobile application, including creating and adding profiles of your family members etc.,
Complete access to Services :
In order to avail the entire range of Services provided in the Web Site or Mobile, including but not limited to storing your or your families medical records on Medkumo, you would be asked to update your profile information. For updating your profile information, you would be required to provide certain personal data/ information such as the name, date of birth, address, adhar card number, expiry physical, physiological and / or mental conditions, medical records, personal and family medical history, Habits, sexual orientation, etc. (â€œInformationâ€). Details pertaining to your your physical, physiological and / or mental conditions, medical records, personal and family medical history, Habits, sexual orientation, etc and such other information which, by a law for the time being in force, is classified as â€˜sensitive personal information/ dataâ€™ shall be referred to as â€œSensitive Personal Informationâ€. Such Information and/or Sensitive Personal Information may also be requested at the time of scheduling a web-based consultation with medical practitioners.
- Once registered, for access to the Web Site, your email ID and password shall be your Medkumo login user name and password, and you may manage your profile and/or account, upload files etc, using the same.
- We automatically track and collect IP addresses, domain servers, type of web browsers, computers and domain servers used to access the Web Site, referring source to the site and your interaction with the site and the browser, (collectively â€œTrafficDataâ€).
- We also collect information you provide voluntarily in free-form text boxes on the Web Site or Mobile application and through responses to surveys, questionnaires, etc.
Purpose of collecting, and Usage of Information
- Collection of the Information, and more importantly the Sensitive Personal Information, is necessary for the lawful purpose of providing you the Services, and this Information would be saved in your Medkumo account for future reference.
- Your Information, including but not limited to your Sensitive Personal Information, including your medical records, laboratory reports, personal and family medical history, etc, will be collected, made accessible to, studied by the Provider and / or its business partners may also use the Information to get in touch with you on your email address/es or on your mobile number/s to follow up on the Services, obtain confirmations, etc. In addition, the Provider and / or its business partners may also use the Information to send you promotional emails or updates about the Web Site/Mobile Application and / or the Services, offers etc, if any, to the email address/es provided by you, send alerts to or call on the mobile number provided by you to provide information regarding any promotions or to collect feedback regarding the use of the Web Site or Mobile Application and / or the Services, etc. The Users may unsubscribe to the promotional emails sent by us by contacting us in the manner set out in below.
- In certain instances, sensitive personal information or non-personal information collected may be used for statistical analysis, improvement of services, and customization of web design, content layout and services.
Recipients of the Information, and the agency collecting and retaining the Information :
- The possible and intended recipients of your Information would be (1) the Provider; (2) the medical practitioners who you consult and wish to share; and (3) our business partners who we collaborate with from time to time. However, the recipients of your Sensitive Personal Information would only be (1) the Provider; and (2) the medical practitioners who you consult. Your Information will be collected and retained by the Provider.
- You make the choice of making your Information available to the medical practitioners who you consult. We follow generally accepted industry standards to protect the Sensitive Personal Information.
- Our employees and consulting medical practitioners may share medical information with each other for treatment, payment and operational purposes, only in order to provide efficient services.
- Your Information, including your Sensitive Personal Information, may, in some situations, be seen by third parties, such as operations and maintenance contractors repairing and maintaining our systems. The respective contracts require businesses to protect the medical information we share with them.
- We will share your Sensitive Personal Information when required to comply with court order/s or other legal process/es. We may use and share your medical information to protect our rights, property or safety or that of another party, or to respond to claims that any content violates the rights of third-parties.
Storage of Information
- We store all Information, including all Sensitive Personal Information; until you request that we modify or delete it, in which case we may still end up retaining some of that Information as it may be impossible to remove your Medkumo account without some residual Information being retained by.
Review and updation of Information
- Since your Information would enable us to provide you the Services more efficiently, and the advice given by the medical practitioners who you consult is dependent largely on the Information that you provide, we recommend that you review and update / modify your Information at all points in time in order to ensure that it reflects true and accurate facts. We have ensured that you can regularly review and update your Information at all times.
How your Information may be used by Medkumo :
We may use your Information for the purposes of data analytics and/or to run (or authorize third parties to run) statistical research on individual or aggregate health or medical trends. Such research would only use your Personal Information in an anonymous manner that cannot be tied directly back to you. Your non-medical Information, such as your email ID, your contact details, etc, will be used to:
- Provide to you the services offered by the Web Site or Mobile application;
- Troubleshoot problems;
- Provide you with system or administrative messages;
- Address payment notifications;
- Deliver information to you that is relevant to your interests, such as notifications and reminders related to consultations;
- Recommend certain resources or medical providers, inform you about our product and services, etc;
- Customize and improve your experience;
- Detect and protect you and us against error, fraud and other criminal activity;
Sharing of information :
Option to withdraw consent to collect Sensitive Personal Information
- You may, at any time, withdraw the consent that you have given us to collect your Sensitive Personal Information, by deleting your account, in which event you will not be able to avail the Services provided in the Web Site.
- To delete the account, you may send an email through your registered email id to email@example.com, after which we would send you a verification code to your registered mobile number. On receiving such verification code, you are required to confirm the deletion request, either via email from the registered email id to firstname.lastname@example.org by confirming the verification code or by replying to the message from the registered mobile number, and upon confirmation of the request for deletion, either from the registered email id or from the registered mobile number, the account would stand automatically deleted. This is to prevent accidental deletion of the medical records of a user. Further, it should be noted that once deleted, the past records cannot be retrieved and would stand deleted, once for all, from our system.
Public Information :
- Any information that you may reveal in a review posting or other online discussion or free forum is intentionally open to the public and is not in any way private. You should think carefully before disclosing any personally identifiable information in any public forum. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict.