Terms and Conditions
The following are the terms and conditions of using MyMedicalShop.com or App and constitute a legally binding agreement, between you ("the Customer" or the "User") and MyMedicalShop.com, a fully licensed online Pharmacy.
In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signature.
The domain name https://www.mymedicalshop.com/ (hereinafter referred to as ‘Website’) and the Mobile Application MyMedicalShop (hereinafter referred to as ‘App’)
USE OF CONTENT
All logos, brands, marks headings, names, signatures, or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned or used under license, by the business and/or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or the site content, is strictly prohibited.
ACCEPTABLE WEBSITE USE
(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mailbombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and/or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(B) General Rules
Visitors may not use the Web Site to transmit, distribute, or store (a) that could constitute or encourage conduct that would be considered a criminal offense or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libelous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
By visiting our website or by installing the app, you are bound to the terms of service. You are requested to read the document carefully before proceeding to use our services.
Although visiting our website does not need an account, certain operations like ordering products, posting reviews, and others require you to set up an account with MyMedicalShop.com. To set up an account, you will be required to give certain information about yourself in the form that prompts. All information provided by you is protected by us.
You represent and warrant that the information provided by you during the registration is accurate. MyMedicalShop.com is not responsible for any damages or losses because of your failure to maintain the confidentiality of your account.
Your MyMedicalShop.com Account, Password and other details in the account are personal to you and you may not transfer your account to anyone else.
Users must be 18+ years to register an account with MyMedicalShop.com.
We understand the privacy of the information provided by you is personal to you. We take the most care to handle your information responsibly. We do not share your information with anyone (individual or organization) other than our business partners. We may share your information with the business partner only to fulfil the service.
By using our service (Website or App), you agree to be communicated by MyMedicalShop.com or its partners to communicate with you for service, promotion, or anything else. Communication may be in the form of Telephone calls, SMS, E-mail, Whats app, or other mediums.
4.Payment Security Policy
All your transactions and information when placing an order with us will be encrypted before passing on over the internet, which ensures the privacy and high level of security of all your information.
All products on the website will be sold at MRP unless otherwise specified. MyMedicalShop.com reserves the right to change the price of any product without notice. In case the prices change to higher or lower after ordering on the date of delivery, the price difference will not be collected or refunded.
We at MyMedicalShop.com are bound to honour all the eligible orders that come through our Website and Application. In some cases, we do accept orders through other mediums like E-mail, Telephone, Whatsapp, Text messages, and others. However, in all cases, MyMedicalShop.com reserves the right to cancel any order with or without notice and without any liability. Any order of prescribed medicines and equipment without a doctor's prescription will be canceled with or without notice.
Customers can cancel their order anytime up to the cut-off time of the slot. In such a case, we will refund any payments already made by you for the order. In case of any fraudulent transaction by any customer or any transaction which defies the terms and conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
We have made every effort to display the colors of our products that appear on the Website and app as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
8.Modification of Terms & Conditions of Service
MyMedicalShop.com reserves the right to modify anytime the Terms and conditions of use of website and App without any prior notification to you. You can access the latest version of these Terms and conditions at any given time on the Site. You must regularly review the Terms and conditions on the Site. In the event the modified Terms and conditions are not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms Services of Use of this Site.
MyMedicalShop.com is not liable for any damages and losses that may occur due to the change of terms and condition policies.
This User Agreement is valid unless and until terminated by you or MyMedicalShop.com, in either case, MyMedicalshop.com will not be liable for any damages or losses that may arise.
You may terminate this user agreement at any time by deleting your MyMedicalshop.com account and discontinuing any further use of the website. And you are required to destroy all the downloaded and obtained contents from the website.
MyMedicalshop.com reserves the right to terminate this user agreement anytime without any notice or liability. And may or may not deny access and services to the website.
MyMedicalshop.com reserves the right to moderate, delete, and keep any comment or content posted by a user before, during, or after this user agreement.
Any termination of the user agreement will not cancel the obligation to pay for the product ordered from the website and does not affect the user liability arisen under this user agreement.
SMV Healthcare Private Limited, on the behalf of the brands owned, group, and affiliated companies under the name of ‘MyMedicalShop” as a brand, is the owner of the internet resource www.mymedicalshop.com (“Website”) and the “My Medical Shop – Online Pharmacy” (“App”) mobile application associated with it. SMV Health Care owns and operates the services provided through the website and the mobile application.
1. APPLICABILITY OF THE TERMS
This Agreement applies to you if you are one or more of the following:
- An individual professional or an organization providing health care services or a medical practitioner or an institution wishing to be listed or listed in our website and app, this includes the designated authorities, authorized associates of such practitioners or institutions (“practitioner(s), “you” or “user”)
- A patient or representative of the patient using the website or app for searching practitioners (“End-User,” you” or “user”)
- The user of the website and App (“you” or “user”)
This Agreement applies to the services available in Mymedicalshop Website and App, Either offered free of charge or paid services (“services”), including the following;
- For Practitioners: Practitioners wishing to list, listing or listed their profiles and contact information in the website or App or both available for other users, visitors, and patients.
- For Users: Facility to
- Create use and maintain the health account of their own or the person they represent.
- Search practitioners or health care services by various demographics and criteria that may be available in the mymedicalshop website and app.
Services may change from time to time, without any notice and at the sole discretion of mymedicalshop, and the Agreement will apply to the services offered, visits, and usage of the website and app. This also applies to the information provided by you on the website and the app.
The purpose of the Agreement is to define the terms and conditions under which a user or practitioner or patient or representative or anyone visiting the website or app is allowed to use the services and describe the manner in which we shall treat you. For any queries and questions about the Agreement, you can contact us at email@example.com.
By accessing the website or downloading the app, you irrevocably accept all the conditions according to the Agreement, terms and conditions, privacy policies, and any other conditions and obligations as mentioned in the Website or App, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) relating to the use of services available at the website or app. By availing of any Service, You signify your acceptance of the terms of this agreement.
Mymedicalshop or SMV Healthcare Private Limited alone reserves the right to modify or terminate any portion or whole of this Agreement with or without any notification or reason. Such modifications may or may not be informed. You should read the Agreement at regular intervals. Your use of the website or App after any such modifications constitutes your agreement to the modified Agreement to follow and abide by it.
By using the Website or App, you acknowledge that you will abide by the conditions of this agreement for using or availing of any services offered by us. If you do not agree with any part of the Agreement, do not visit the website or use the App, or avail of any services from us.
Any access to your use of the Website or App or the services offered will be the sole discretion of the Mymedicalshop.
This Agreement is published in compliance with, and is governed by the provisions of Indian law, including but not limited to:
- The Indian Contract Act, 1872,
- The (Indian) Information Technology Act, 2000, and
- The rules, regulations, guidelines, and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
2. CONDITIONS OF USE
You must be of age 18 years or older to visit, use the website or app, avail of the services in any manner. By visiting or registering or availing of service from the website or app, you agree to this Agreement and warrant Mymedicalshop that you are 18 years or older in age and that you have the right, authority, and sanity to use the website or app and agree to abide by this Agreement.
The terms in the 3rd clause are applicable to all users other than practitioners and any organization providing the practitioner services to mymedicalshop
3.1. END-USER ACCOUNT AND DATA PRIVACY
3.1.2. Mymedicalshop may collect the information relating to the device via which the website or app is used and also the data of your usage and the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information. This collected data will be used only for the purpose of improving the user experience quality and quality of the services provided by my medical shop and to build new services.
3.1.3. Mymedicalshop also has the access to registered user’s personal information like name (including first and last name), Age, Gender, Occupation, Education, Address, E-mail id, Contact numbers (Land Line and Mobile), alternate email address, and other details. These data may be shared with our business partners in order to fulfill the services offered by mymedicalshop, promotion, booking appointments, and collecting feedback in relation to the practitioners and their practices.
- The collected information type, including personal and sensitive information.
- The requirement, usage, security, and modes of handling such information.
- To whom mymedicalshop may disclose or share such information.
- Other information mandated by SPI Rules.
3.1.5. All users and visitors must read and understand the Private policy, so as to ensure that he/she has the knowledge of, inter-alia;\
- The fact that some information is collected.
- The purpose for which they are collected.
- The intended recipients of the information.
- The nature of collection and retention of the information.
3.1.6. Mymedicalshop will not be responsible for the authenticity of the person or any sensitive information or information of any sort provided by the user to mymedicalshop or any other person acting on the behalf of mymedicalshop or SMV Healthcare Private Limited.
3.1.7. The User is solely responsible for maintaining the confidentiality of his/her account access, login credentials, information, and password. Also, the user is responsible for all the usages that happen via the user’s account, either authorized or not. The user must notify mymedicalshop immediately of any unauthorized use of the user’s account. Although mymedicalshop will not be liable for the losses that occurred due to any unauthorized use of the account, the user may be liable for the losses of mymedicalshop or partner as per the case may be, due to any unauthorized use of the user account.
3.1.8. If the information provided by a user is incomplete or not current or inaccurate or untrue (or becomes any one of the previously said in the course of time), or mymedicalshop suspects any information provided by the user is incomplete or not current or inaccurate or untrue, mymedicalshop has the right to discontinue any services to the user with or without notice, at its sole discretion.
3.1.9. Mymedicalshop may use the information provided by the user any time for the purpose of customer support-related issues.
3.1.10. In the Practitioner list in the website or app, you may see an option to call them directly through the free call service integrated into the mymedicalshop app and website or physically via your mobile. Any such calls made from the app or website may be recorded and stored in the mymedicalshop servers. Mymedicalshop has access to such recordings for support, quality, and control purposes. Such calling services provided by mymedicalshop to the user can only be used to fix appointments and booking purposes and the same shall not be used for consultation on health-related issues. Mymedicalshop is not liable for any call facility not used in accordance with the foregoing. Mymedicalshop may also choose to not use this facility and show the practitioner's direct number. In case you choose to not provide your consent to recording your calls that may have personal information required for appointment and booking purposes, Mymedicalshop reserves the right to not provide the Services for which such personal information is sought.
Mymedicalshop algorithm for the listing is an automated system that is able to list profiles of the practitioners and information regarding the practices in the website and app. These listings do not translate to any fixed objectives, rankings, or endorsements by mymedicalshop. Mymedicalshop will not be liable for any change in the search results, which may take place from time to time. The listing of the practitioners will be based on the automated computation of various factors and criteria including inputs from users including other user’s comments and feedback. Such factors may change from time to time. My medical shop in no event will be held responsible for the accuracy or relevancy or repeatability of the listing or listing orders of the practitioners on the website or app.
3.3. LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1. Much information regarding the profile and practice of the practitioners listed on the website and app such as their specialization, qualification, fees, location, visiting hours, and similar details are collected directly or indirectly by mymedicalshop. Mymedicalshop takes utmost care in making sure that such information is updated in frequent time intervals. Although mymedicalshop cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.3.2. The services provided by Mymedicalshop or its partners or licensors or authorised service providers or service providers are served on an “as is” and “as available” basis and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Mymedicalshop does not provide or make any representation, warranty or guarantee, or completeness of any content or information provided by the users on the website or app. To the fullest extent permitted by law, Mymedicalshop disclaims all liability arising out of the User’s use or reliance upon the Website, App, the Services, representations, and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Mymedicalshop or any User in relation to any User or services provided by such User.
3.3.3. The Website or App may be linked to the website of third parties, affiliates, and business partners. Mymedicalshop has no control over and not liable or responsible for the content, accuracy, validity, and reliability, quality of such websites. Inclusion of any link on the website does not imply that mymedicalshop endorses the linked site. Users may use the links and the services at the user’s own risk.
3.3.4. Mymedicalshop will not be responsible and shall not be liable by/through for, any damages to, or viruses that may infect user’s devices on account of user’s access to, use of, or browsing the websites or download of any material, data, text, images, video content, or audio content from the Website or app. If a User is dissatisfied with the Website or app, the User’s sole remedy is to discontinue using the Website.
3.3.5. If mymedicalshop determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, mymedicalshop reserves the right to immediately suspend your access to the website and app or any of your accounts with mymedicalshop, and Mymedicalshop also reserves the right to declare the same in the website and app along with your name/clinic’s name as determined by mymedicalshop for the protection of its business and in the interest of its users. You shall be liable to indemnify mymedicalshop for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affect mymedicalshop or its users.
3.3.6. Mymedicalshop is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.
3.4. APPOINTMENT BOOKING AND CALLING FACILITY
My Medical Shop helps its users to get in touch with practitioners; a) Users can opt to book an appointment using the book appointment facility provided in the website and mobile app. b) Live telephone services available in website and app, that connect users directly to the practitioner via his/her phone number
3.4.1. My Medical Shop will ensure that the appointments are confirmed when a booking for an appointment is made. However, My Medical Shop will not be liable for any canceled appointment or availability of the practitioner for any reason, also My Medical Shop will not be liable for any loss or damage that occurred due to a canceled service. My Medical Shop also reserves the right to cancel any appointment made by a user with or without prior notification.
3.4.2. If a User has utilized a telephonic service or appointment booking service, My Medical Shop reserves the right to store and share the information of the user with the practitioner.
3.4.3. The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by My Medical Shop of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
3.4.4. Without prejudice to the generality of the above, My Medical Shop is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between the User and the Practitioner. User understands and agrees that My Medical Shop will not be liable for:
- User interactions and associated issues User has with the Practitioner;
- the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
- any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
- inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
- any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
- Cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged.
3.4.5. Users can provide feedback and recommendations based on the experience with the practitioners. However, users should ensure that the same is provided in accordance with the law. Also, My Medical Shop is not obliged to act in such a manner as may be required to give effect to the content or user feedback or suggestion for any delisting of practitioners from the website or app. Also, My Medical Shop reserves the right to edit, hide or delete any comment, feedback, or suggestion given by a user with or without notice and will not be liable for the loss or damages caused due to any such actions.
3.4.6. In the event of ‘Patient No-Show (PNS)’, When a user or patient he/she represents does not show up at the concerned practitioner’s clinic at the specified time after booking an appointment.
- PNS is defined as an instance where a user, who has made an appointment with a practitioner using the facility provided by My Medical Shop and has not turned up for an appointment without rescheduling or canceling, or informing the practitioner about the same. When a practitioner informs the same with My Medical Shop or marks a booked appointment as PNS, My Medical Shop may try to contact the user regarding the same. If the user is not able to confirm the legitimate reason regarding the PNS within 7 days. Users can also send the reasons via the support email address available in the contact section of the website. In any event, My Medical Shop reserves the right to block a user account from misusing the services available on the website or app, and the loss of business hours incurred to the practitioners.
- The User’s account may be disabled temporarily or permanently from booking further appointments on the My Medical Shop website and App. However, My Medical Shop may or may not allow the user to use other services available.
- Following are the instances in which, under the sole discretion of My Medical Shop, would be considered the valid case of PNS, in which cases the user may be penalized.
a. User does not reply with reason to PNS communication, within 7 days from the date of receipt of such PNS communication.
b. In case the user responds to the PNS communication with the below reasons.
- Forgot the appointment
- Chose to visit another practitioner or consulted online.
- Busy with other work or any other activity (Which My Medical Shop at its discretion decides to be a valid reason for a PNS).
- Where the user has done a paid appointment and was not able to visit the practitioner due to sickness or any other genuine reason (as decided by My Medical Shop with respect to the discretion of the pursuant to consulting investigation), the may be provided with a refund of such payment made by the user. However, cancellation charges will be levied.
4. My Medical Shop reserves the right to make the final decision in case of a conflict.
3.4.7. Cancellation and Refund Policy
- In an event that, a practitioner with whom a user has booked his/her appointment, has not been able to meet the user or cancel the appointment, the User needs to contact My Medical Shop via customer support or via mail informing the same within 5 days of such event. In this case, a full refund will be made to the user via the original payment method by which the user has paid for the appointment. In case if the user, does not show up for the appointment booked with the practitioner, without rescheduling or canceling the same, paid amount will not be refunded and will be processed under clause 3.4.6. A user will not be entitled to a complete refund even if he/she has canceled beforehand.
- Users will not be entitled to any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.
3.5. NO DOCTOR-PATIENT RELATIONSHIP, NOT FOR EMERGENCY USE
3.5.1. Users need to note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between My Medical Shop and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
3.5.2. It is hereby expressly clarified that the Information that you obtain or receive from My Medical Shop, and its employees, contractors, partners, sponsors, advertisers, licensors, or otherwise on the Website is for informational purposes only. My Medical Shop makes no guarantees, representations, or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise, or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
3.5.3. The services available in the My Medical Shop website and App are not intended to be a substitute for getting in touch with emergency healthcare. It is advised for an end user-facing medical emergency (or the patient an end user represents), to contact an ambulance or hospital directly.
3.7. MY MEDICAL SHOP HEALTH FEED
These terms and conditions are applicable to users (being both end-users/Practitioners). However, it is clarified that the terms and conditions herein applicable only to Practitioners and applicable to Users are called out separately, as the context warrants.
3.7.1. My Medical Shop health feed is an online content platform available on website and app, where practitioners can create My Medical Shop profile, login, enter their details and post health & wellness related contents.
3.7.2. Practitioners can use this service by logging into their health account, creating original content comprising text, audio, video, images, data, or any combination of the same (“Content”), and uploading said Content to My Medical Shop’s servers. My Medical Shop will make available to the User a gallery of images licensed by My Medical Shop from a third-party stock image provider (“My Medical Shop Gallery”). The User can upload their own images or choose an image from the My Medical Shop Gallery. My Medical Shop does not provide any warranty as to the ownership of the intellectual property in the My Medical Shop Gallery and the User acknowledges that the User will use the images from the My Medical Shop Gallery at their own risk. My Medical Shop shall post such Content to MY Medical Shop Health feed at its own option and subject to these Terms and Conditions. The Content uploaded via My Medical Shop Health feed does not constitute medical advice and may not be construed as such by any person.
3.7.3. Practitioners acknowledge that they are the original authors and creators of any Content uploaded by them via My Medical Shop Health feed and that no Content uploaded by them would constitute an infringement of the intellectual property rights of any other person. My Medical Shop reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright, or other proprietary rights. Practitioner agrees to absolve MY Medical Shop from and indemnify MY Medical Shop against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Practitioner’s uploading of any Content on the My Medical Shop Health feed. The Practitioner may not use the images in the My Medical Shop Gallery for any purpose other than those directly related to the creation and uploading of Content to My Medical Shop Health feed. The Practitioner also agrees to absolve My Medical Shop from and indemnify MY Medical Shop against all claims that may arise as a result of any third party intellectual property claim if the Practitioner downloads, copies, or otherwise utilizes an image from the MY Medical Shop Gallery for his/her personal or commercial gain.
3.7.4. Practitioners hereby assign to My Medical Shop, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via My Medical Shop Health feed.
3.7.5. My Medical Shop reserves the right to hide, block, edit or remove the content and any comments in such manner as the situation may demand at My Medical Shop health feed at any time.
3.7.6. Practitioners shall ensure that the Content or any further responses to the Content (including responses to Users) is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilia, or libelous in any manner. Further, the Practitioner should ensure that the Content is not invasive of any other person’s privacy, or otherwise contains any elements that are hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. My Medical reserves the right to remove any Content which it may determine at its own discretion is in violation of these Terms and Conditions or any law or statute in force at the time. Also, the Practitioner agrees to absolve My Medical from and indemnify My Medical against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the Practitioner on My Medical Health Feed.
3.7.7. Practitioner shall ensure that no portion of the Content is in violation of any law for the time being in force.
3.7.8. Practitioner is responsible for the content he/she posts on the website or App. A practitioner must ensure that the content posted is not threatening the unity, integrity, defense, security, or sovereignty of India and friendly relationship with the foreign states or public order. Further, the practitioner shall ensure that the content will not cause incitement to the commission of any cognizable offense or prevent investigation of any offense or is insulting to any other nation.
3.7.9. User may also use My Medical Shop feed in order to view original content created by the practitioner and to create and upload comments on such content created by practitioners and to create and upload comments on such content, where allowed (“User Comment”).
3.7.10. User acknowledges that the user comments reflect the views and options of the authors of such content and do not necessarily reflect the views of the My Medical Shop.
3.7.11. The user agrees that the content available in the My Medical Shop news feed does not in any way constitute medical advice. It is the responsibility of the user in any act or omission of such content and the user’s interpretation of the content, is solely attributable to the user. The user agrees to absolve My Medical Shop from and indemnify My Medical Shop against all claims that may arise as a result of the User’s actions resulting from the user’s viewing of content on My Medical Shop health feed.
3.7.12. The user acknowledges that all the contents including the comments and user posts are the intellectual property of My Medical Shop. Users also agree to honor the intellectual property rights in the user comments on My Medical Shop Health feed vests with My Medical Shop. The user agrees to not infringe upon the My Medical Shop’s intellectual property by copying or plagiarizing content on My Medical Shop Health feed. My Medical Shop reserves the right to initiate all necessary legal remedies available to them in case of such an infringement by the user. Also, User comments will be the sole intellectual property of My Medical Shop. The User agrees not to post User Comment that would violate the intellectual property of any third party, including but not limited to patent, trademark, copyright, or other proprietary rights. My Medical Shop reserves the right to remove any User Comment which it may determine at its own discretion as violating the intellectual property rights of any third party. The User agrees to absolve My Medical Shop from and indemnify My Medical Shop against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User Comment.
3.7.13. User shall ensure that the User Comment is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilia, or libelous in any manner. Further, the User should ensure that the User Comment is not invasive of any other person’s privacy, or otherwise contains any elements that are hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. My Medical Shop reserves the right to remove any Content which it may determine at its own discretion is in violation of these Terms and Conditions or any law or statute in force at the time Also, the User agrees to absolve My Medical Shop from and indemnify My Medical Shop against all claims that may arise as a result of any legal claim arising from the nature of the User Comment.
3.8. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.8.1. The contents listed on the website are; user-generated content or belongs to My Medical Shop. The Information collected directly or indirectly by My Medical Shop from End-User and the practitioner shall belong to My Medical Shop. Copying or copyrighting content published by My Medical Shop on a website of any commercial purpose or for the purpose of earning profit will be a violation of copyright and My Medical Shop reserves its rights under applicable law accordingly.
3.8.2. My Medical Shop authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering, and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and assembly of content on the Website (collectively, "My Medical Shop Content"), are the property of My Medical Shop and are protected under copyright, trademark, and other laws. User shall not modify the My Medical Shop Content or reproduce, display, publicly perform, distribute, or otherwise use the My Medical Shop Content in any way for any public or commercial purpose or for personal gain.
3.8.3. User shall not access the services for the purposes of monitoring their availability, performance, or functionality or for any other benchmarking or competitive purposes.
3.9. REVIEWS AND FEEDBACK
User or End user is solely responsible for the content one chooses to enter or submit in the website or app for the purpose of publication, feedback, ratings, reviews regarding practitioners or other healthcare professionals. The role of My Medical Shop in publishing critical content is restricted to that of an intermediary under the information technology act, 2000. My Medical Shop disclaims all responsibility with respect to the content of the critical content, and its role with respect to such content is restricted to its obligations as an intermediary under the said Act. My Medical Shop shall not be liable to pay any consideration to any user for re-publishing any content across any of its platforms.
Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. My Medical Shop, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that My Medical Shop may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Website or My Medical Shop’s services; and/or
- Obtaining feedback in relation to any Practitioners listed on the Website; and/or
- Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;
And you agree to provide your fullest co-operation further to such communication by My Medical Shop. My Medical Shop’s Feedback Collection and Fraud Detection Policy, are annexed as the Schedule hereto and remain subject always to these Terms.
My Medical Shop may provide End-Users with a free facility known as ‘Record’ on its website or app. Information found in records may be of two types
- User-created: Information uploaded by the user or information during user’s interaction with the My Medical Shop Ecosystem.
- My Medical Shop Created: Health records generated by the user interaction with practitioners using My Medical Shop portal.
3.10.1. Your Records are only created after you have signed up and explicitly accepted these Terms.
3.10.2. Any Practice created Health Record is provided on an as-is basis at the sole intent, risk, and responsibility of the Practitioner and My Medical Shop does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
3.10.3. The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, My Medical Shop is not liable for any interruption that may be caused to your access to the Services.
3.10.4. The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by My Medical Shop, you should refer to your prescription before taking any medicines. My Medical Shop is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch them off through the My Medical Shop app.
3.10.5. It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. My Medical Shop is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with My Medical Shop.
3.10.6. My Medical Shop uses industry–level security and encryption to your Health Records. However, My Medical Shop does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform My Medical Shop of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to our mail id available at our contact section.
3.10.7. If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain the prior consent of your dependent and shall have the right to share, upload and publish any sensitive personal information of your dependent. My Medical Shop assumes no responsibility for any claim, dispute, or liability arising in this regard, and you shall indemnify My Medical Shop and its officers against any such claim or liability arising out of unauthorized use of such information.
3.10.8. In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
3.10.9. A User may lose his/her user records if the data is not synced with the server.
3.10.10. If a health record is not accessed for a stipulated time, the user may not be able to access the health records due to security reasons.
3.10.11. My Medical Shop is not liable for any late delivery or no delivery of health records despite its best efforts.
3.10.12. Health records are linked and shared with the phone number or numbers provided by the practitioners. My Medical Shop is not responsible for adding any incorrect numbers if those incorrect numbers are provided by the practitioners.
3.10.13. My Medical Shop is not responsible or liable for any content, fact, Health Records, medical deduction, or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
3.10.14. My Medical Shop has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
3.10.15. My Medical Shop will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
3.10.16. You agree and acknowledge that My Medical Shop may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
3.10.17. You acknowledge that the Practitioners you are visiting may engage My Medical Shop’s software or third party software for the purposes of the functioning of the Practitioner’s business and My Medical Shop’s services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws.
3.10.18. As long as your data or record have been stored or shared on any of the My Medical Shop products or by practitioners you are visiting, and may in the past have visited, you hereby agree to the storage of your records by My Medical Shop pertaining to such previously visited clinics and hospitals who have tie-ups with My Medical Shop for the purposes of their business and for My Medical Shop’s services including but not limited to the usage and for storage of records (as defined in section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with My Medical Shop, to the mapping of such records as may be available in My medical Shop’s database to your User account.
3.11. MY MEDICAL SHOP MEDICINE INFORMATION
For Detailed terms and conditions regarding medicine, information click here.
3.12. MY MEDICAL SHOP Q&A PLATFORMS
3.12.1. Terms for Practitioners:
- Every Practitioner on the Q&A Platform must be qualified in the area of expertise that he represents as being his qualification.
- The Q&A Platform is a platform for the exchange of information which is of general nature in a question and answer format. The Q&A Platform is not for emergency situations.
- Any Q&A interaction cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever.
- My Medical Shop Users may post questions on medical issues (“Querist”), and these queries can be answered by multiple Practitioners on the Q&A Platform. It is expressly clarified that no doctor-patient relationship is established between the Querist and Practitioner, in any manner whatsoever, by indulging in this Q&A.
- The Practitioner may provide probable views, recommendations, suggestions, and solutions to the question posed by a Querist. However, it is expressly clarified that any such view, recommendation, suggestion, and solution shall not be construed as medical advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard.
- A practitioner shall not share their personal, religious, and/or moral views with the Querist while issuing their response.
- The Practitioner cannot issue and/or prescribe any medicines on the Q&A platform. It is a platform for the only exchange of information and not consultation/ medical advice.
- The Practitioner is absolutely and expressly prohibited to:
- Provide a medical diagnosis.
- Issue a prescription
- Post any response which comprises of any derogatory language, objectionable, pornographic, and /or offensive content;
- Advertise any brand of drugs, supplements, vaccines, and medications, in any manner of whatsoever;
- Advertise to/solicit patients in any manner including without limitation by way of using social media handles, including without limitation, Facebook, Twitter, etc., telephone/ mobile numbers, youtube, and address;
- Promote content and activities which are illegal in nature;
- In the event of any breach of these Q&A T&C, My Medical Shop will take appropriate action inter alia ranging from issuing warnings to the removal of Practitioner from the Q&A Platform, in its sole and absolute discretion, on a case to case basis.
- Any liability arising out of the response issued by a Practitioner will be borne solely by the Practitioner. Q&A Platform is only a platform interface provided by My Medical Shop for sharing and exchanging information purposes.
- The Q&A Platform shall be audited on a regular basis by My Medical Shop for ascertaining compliance by the Practitioner to Paragraph 6, and the Practitioners consent to the same. It is clarified that the said audit is not conducted for the purpose of a quality check or validation of responses issued by the Practitioner.
- All general My Medical Shop Terms and Conditions shall govern the QA T&C to the extent applicable. The decision of My Medical Shop is final and binding on the issues arising under the QA T&C and My Medical Shop Terms and Conditions.
3.12.2. Terms for User/Querist:
- The personally identifiable information of the querist shall be kept anonymous by My Medical Shop prior to posting the question on the Q&A Platform;
- Q&A Platform is a public forum for the exchange of information; hence, any question posted by a querist is visible publicly. It is advisable for a User to ensure that no confidential information is published by them on the Q&A Platform.
- The user shall not use the Q&A Platform for emergency situations.
- The User is prohibited to post any query/issue on the Q&A Platform, which comprises of any derogatory language, objectionable, pornographic, and /or offensive content;
- Any response provided by the Practitioner shall not be construed as medical advice on the Q&A Platform. Q&A Platform is a platform for the exchange of information which is of general nature in a question and answer format. This cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever.
- It is expressly clarified that no doctor-patient relationship is established between the user and Practitioner, in any manner whatsoever, by indulging in this Q&A. The Practitioner may provide probable views, recommendations, suggestions, and solutions to the question posed. However, it is expressly clarified that any such view, recommendation, suggestion, and solution shall not be construed as medical advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard.
- All general My Medical Shop Terms and Conditions shall govern the Q&A T&C to the extent applicable. The decision of My Medical Shop is final and binding on the issues arising under the Q&A T&C and My Medical Shop; Terms and Conditions.
3.13. MY MEDICAL SHOP DIAGNOSTICS
For detailed terms and conditions regarding diagnostics click here.
3.14. MY MEDICAL SHOP HEALTH CASH
3.14.1. My Medical Shop Health cash is a grant of benefit in the form of credits in the My Medical Shop accounts to the users (“My Medical Shop Health cash”) in the form and under such circumstances decided by My Medical Shop from time to time.
3.14.2. My Medical Shop Health cash can be redeemed to pay online by the users for the following website or app services.
- Ordering medicines online;
- Consulting a doctor online;
- Booking diagnostic tests and health check-ups;
- Pre-paying for doctor appointment bookings; and
- Subscribing to Healthcare plans.
(The above services on the Website and app are collectively referred to as “Permitted Services”.)
3.14.3. Every time a User using (i) Android version 4.31 or above; or (ii) iOS version 4.24 or above of the My Medical Shop mobile application; or (iii) the My Medical Shop website (www.Mymedicalshop.com), uses Health cash to pay online for any of the Permitted Services availed by him/her, only such percentage of the total amount to be paid for the availed Permitted Services, as may be prescribed by My Medical Shop from time to time on the respective My Medical Shop mobile application or website (www.Mymedicalshop.com), can be redeemed by such User using the My Medical Shop Health cash per transaction.
3.14.4. The My Medical Shop Health cash neither can be converted to actual money nor be transferred to any bank accounts.
3.14.5. The My Medical Shop received by each user may or may not have an expiry date associated with it and the said expiry date is subject to the following.
- The expiry date associated with My Medical Shop Health cash may vary from time to time. However, the same cannot exceed beyond 2 (Two) years
- The expiry date of My Medical Shop Health cash may be intimated to each User by way of SMS or e-mail or in-App notification on the Website.
- The expiry date of My Medical Shop Health cash can be viewed by each User on the designated page for Health cash on the Website.
- The User acknowledges that My Medical Shop has agreed to offer My Medical Shop Health cash at its sole discretion. Nothing in these Terms shall be interpreted to restrict My Medical Shop’s right to withdraw the My Medical Shop Health cash before the expiry date.
3.14.6. My Medical Shop reserves all rights and discretion to deny My Medical Shop Health cash to any user with or without notice in its sole discretion, notwithstanding compliance by the user of the requirements set out in the terms, applicable law, or otherwise.
3.14.7. Other than the conditions set out in these terms, accrual, utilization, expiry, or any other treatment of My Medical Shop Health cash may be further restricted by the terms governing the specific service or facility offered by My Medical Shop or its business associates, the procurement of which entitles My Medical Shop Health cash to a User (“Health cash Terms”). In the event of any inconsistency between these Terms and the Health cash Terms in relation to accrual, utilization, expiry, or any other treatment of My Medical Shop Health cash by a User, the Health cash Terms shall override these Terms to the extent of such inconsistency.
The terms in this clause 4 are applicable only t practitioners.
4.1. LISTING POLICY
4.1.1. My Medical Shop, directly or indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. My Medical Shop reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform My Medical Shop immediately to enable My Medical Shop to make the necessary amendments.
4.1.2. My Medical Shop shall not be liable or responsible for the ranking of the Practitioners on external websites and search engines.
4.1.4. My Medical Shop reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, My Medical Shop shall not be liable if any inactive, inaccurate, fraudulent, or non-existent profiles of Practitioners are added to the Website.
4.1.5. Practitioners explicitly agree that My Medical Shop reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
4.1.7. You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and My Medical Shop accepts no liability for the same.
4.2. PROFILE OWNERSHIP AND EDITING RIGHTS
My Medical Shop ensures easy and user-friendly access to the Practitioners by providing access to update your profile information. My Medical Shop reserves the right of ownership of the entire Practitioner’s profile, photographs and to moderate the changes or updates requested by Practitioners. However, My Medical Shop has the right by its own discretion to decide whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload, all content uploaded by you as part of your profile or otherwise while using My Medical Shop’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, My Medical Shop may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.3. REVIEWS AND FEEDBACK DISPLAY RIGHTS OF MY MEDICAL SHOP
4.3.1. All Critical Content is content created by the users of www.mymedicalshop.com (“Website”)and the clients of My Medical Shop customers and Practitioners, including the End-Users. As a platform, My Medical Shop does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of My Medical Shop and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. My Medical Shop’s Feedback Collection and Fraud Detection Policy, are annexed as the Schedule hereto and remain subject always to these Terms.
4.3.2. My Medical Shop reserves the right to collect feedback and critical content for all practitioners, clinics, and healthcare providers listed on the website.
4.3.3. My Medical Shop shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
4.3.4. You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. My Medical Shop shall not be liable for any effect on the Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. My Medical Shop, however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.
4.3.5. My Medical Shop will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third-party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
4.3.6. My Medical Shop determines that you have provided inaccurate information or enabled fraudulent feedback; My Medical Shop reserves the right to immediately suspend any of your accounts with My Medical Shop and makes such declaration on the website alongside your name/your clinics name as determined by My Medical Shop for the protection of its business and in the interests of Users.
4.4. RELEVANCE ALGORITHM
My Medical Shop has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit-driven, the proprietary algorithm which cannot be altered for specific Practitioners. My Medical Shop shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.
4.5. INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by My Medical Shop.
4.6. MY MEDICAL SHOP REACH RIGHTS
My Medical Shop reserves the rights to display sponsored ads on the Website. These ads may be marked as “Sponsored ads”. Without prejudice to the status of other content, My Medical Shop will not be liable for the accuracy of the information or the claims made in the Sponsored ads. My Medical Shop does not encourage the Users to visit the Sponsored ads page or to avail of any services from them. My Medical Shop will not be liable for the services of the providers of the Sponsored ads.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and My Medical Shop accepts no liability for the same.
4.7. MY MEDICAL SHOP MEDICINE INFORMATION
For detailed terms and conditions regarding medicine, information click here.
4.8. BOOK APPOINTMENT AND CALL FACILITY
4.8.1. As a valuable partner on our platform we want to ensure that the Practitioner's experience on the My Medical Shop booking platform is beneficial to both, Practitioners and their Users.
4.8.2. Practitioners understand that My Medical Shop shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of My Medical Shop.
4.9. USAGE IN PROMOTIONAL MARKETING MATERIALS
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 practicing 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.
4.10. USAGE IN PROMOTIONAL & MARKETING MATERIALS
In recognition of the various offerings and services provided by My medical Shop to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow My medical shop to include a brief description of the services provided to Practitioner in My Medical Shop’s marketing, promotional and advertising materials; (b) allow My Medical Shop to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to My Medical Shop’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines, etc., within product literature, e-mailers, press releases, social media and other advertising, marketing, and promotional materials.
5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
5.1. As mandated by Regulation 3(2) of the IG Rules, My Medical Shop hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- 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;
- 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;
- Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
5.2. Users are also prohibited from:
- violating or attempting to violate the integrity or security of the Website or any My Medical Shop Content;
- transmitting any information (including job posts, messages, and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by My Medical Shop;
- intentionally submitting on the Website any incomplete, false, or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent, or other device or mechanism (such as spiders, robots, avatars, or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the My Medical Shop Content or other information available from the Website;
- Framing or hotlinking or deep linking any My Medical Shop Content.
- Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
5.3. My Medical Shop, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. My Medical Shop shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
5.5. My Medical Shop may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit My Medical Shop to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by My Medical Shop as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between My Medical Shop or any person on its behalf and the User or where the User has consented to data transfer. My Medical Shop respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
6.1. My Medical Shop reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
- Such User breaches any terms and conditions of the Agreement;
- A third party reports a violation of any of its right as a result of your use of the Services;
- My Medical Shop is unable to verify or authenticate any information provide to My Medical Shop by a User;
- My Medical Shop has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- My Medical Shop believes in its sole discretion that the User’s actions may cause legal liability for such User, other Users or for My Medical Shop or are contrary to the interests of the Website.
6.2. Once temporarily suspended, indefinitely suspended, or terminated, the User may not continue to use the Website under the same account, a different account, or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files, and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
7. LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall My Medical Shop, or any of its directors, officers, employees, agents, or content or service providers (collectively, the “protective entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the website or the content, materials, and functions related thereto, the services, user’s provision of information via the website, lost business or lost End-Users, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for:
- provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website
- any content posted, transmitted, exchanged, or received by or on behalf of any User or other person on or through the Website;
- any unauthorized access to or alteration of your transmissions or data; or
- Any other matter relating to the Website or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
8. RETENTION AND REMOVAL
My Medical Shop may retain any such information collected from users from its website or services for as long as necessary, depending on the type of information; purpose, means, and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
9. APPLICABLE LAW AND DISPUTE SETTLEMENT
9.1. You agree to this Agreement and any contractual obligation between My Medical Shop and User will be governed by the laws of India.
9.2. Any dispute, claim, or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by My Medical Shop. 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 award shall be final and binding on the parties to the dispute.
9.3. Subject to the above Clause 9.2, the courts at Chennai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services, or the information to which it gives access.
10. CONTACT INFORMATION GRIEVANCE OFFICER
10.1. If a user has any questions concerning My Medical Shop, the website, this agreement, the services, or anything related to any f the foregoing, My Medical Shop customer support can be reached at the following email address: firstname.lastname@example.org or via the contact information available from the following link: www.mymedicalshop.com/contact.
10.2. In accordance with the information technology act, 2000, and the rules made thereunder, if you have any grievance with respect to the website or the service, including any discrepancies and grievances with respect to the processing of information, you can contact our grievance officer at:
No. 385, 2nd floor,
OMR Rajiv Gandhi Salai,Okkiyam
In the event you suffer as a result of access or usage of our website by any person in violation of the rule of the IG Rules, please address your grievance to the above person.
If any provision of the agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this agreement and the remainder of the agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the agreement shall be enforceable in accordance with its terms; provided however that, in such event, the agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by My Medical Shop. Any consent by My Medical Shop too, or a waiver by My Medical Shop of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
13. MY MEDICAL SHOP HEALTH PLAN – USER TERMS AND CONDITIONS
For the purposes of the following terms and conditions (“My Medical Shop Health Plan Terms”), the service provided to You (as defined below) is the facilitation of consultation and other benefits, as detailed hereinafter, with the Practitioners (healthcare providers including all its doctors, agents, employees) registered pharmacies which facilitate the medicine orders (“Registered Pharmacies”) and diagnostic centers which conduct diagnostic tests (“Diagnostic Centres”), and other benefits the My Medical Shop may offer in future, as a part of the subscription to the My Medical Shop Health Plan (“Health Plan Service” / “Plan”). My Medical Shop operates and facilitates the Health Plan Service provided through the Website.
13.1. NATURE AND APPLICABILITY OF TERMS
These My Medical Shop Health Plan Terms apply to any person who subscribes to the Health Plan Service on behalf or for the benefit of a patient, either individually or inclusive of his/her family members/relatives. The primary user is required to be registered on the Website and should have subscribed to the Health Plan Service. For the purposes of these My Medical Shop Health Plan Terms, the primary subscriber to the Health Plan Service is an individual designed as primary user (“Primary User”) in the Plan Page (as defined hereafter), who subscribes to the Health Plan Service either individually and/or for benefit of other members, which could include any other individual nominated by the Primary Member (hereinafter collectively known as the “Covered Members”). The Covered Members and a Primary User are collectively and individually hereinafter referred to as the “You” / “Your” / “User” / “Users”. As a part of availing of the Health Plan Service, You may choose different packages available pursuant to the Health Plan Service / Plan which best suits your needs as per the plan details set out in your My Medical Shop application (“Plan Details”). The User-specific details will be visible to you on your purchased plan page (“Plan Page”) hosted on Your My Medical Shop application.
If you have any questions about any part of these My Medical Shop Health Plan Terms, feel free to contact us at email@example.com.
By availing of the Health Plan Service, you signify your acceptance of the terms of the Standard Policies and these My Medical Shop Health Plan Terms.
We reserve the right to modify or terminate any portion of these My Medical Shop Health Plan Terms and the Standard Policies for any reason and at any time, and such modifications shall be informed to you by appropriate notifications on the Website. You should read these My Medical Shop Health Plan Terms and the Standard Policies at regular intervals. You’re continued availing of Health Plan Service following any such modification constitutes your agreement to follow and be bound by these Terms and the Standard Policies so modified.
You acknowledge that you will be bound by these My Medical Shop Health Plan Terms specifically for availing any of the Health Plan Service. If you do not agree with any part of these My Medical Shop Health Plan Terms and/or the Standard Policies, please do not use the Website or avail of the Health Plan Service.
Your access and use of the Health Plan Service will be solely at the discretion of My Medical Shop.
13.2. CONDITIONS OF USE
You must be eighteen (18) years of age or older to register on the Website or App for availing of the Health Plan Service as a Primary User. As a Primary User, You can add minors as Covered Member(s) under the Health Plan Service availed and subscribed to with the express understanding that the Primary Member shall be entirely responsible and liable on all counts for compliance with these My Medical Shop Health Plan Terms for and on behalf of such Covered Member who is below the age of majority. By registering, visiting, and using the Website for availing the Health Plan Service or accepting these Terms and the Standard Policies, You represent and warrant to My Medical Shop that You are eighteen (18) years of age or older and have the appropriate authorization to contract on behalf of a Covered Member who is below the age of majority and that You have the right, authority and capacity to use the Website for availing the Health Plan Service and agree to and abide by these Terms.
13.3. TERMS OF THE HEALTH PLAN SERVICE
13.3.1. Term; the Health plan Service subscribed by you will be valid for the period as per the Plan details commencing from the date of the subscription of the Health Plan Service (“Term”). After the expiry of the Term, You may choose a different Plan as per the Plan Details and subscribe thereto or renew your existing subscription, on such terms that are valid and subsisting as on date of subscription or renewal. The benefits under the Health Plan Service cannot be carried forward after the expiry of the Term.
13.3.2. Registration: The Primary User is a registered user on the Website and has subscribed to the Health Plan Service on the Website by paying the applicable fees as per the Plan Details. You could avail of the Plan solely for you or for yourself and any Covered Member(s). Each Covered Member, who is covered by the Health Plan Service subscribed by you, will have to follow authentication procedures to utilize the Health Plan Service. The maximum number of permissible Covered Members per Primary User will be set out in the Plan Details. Covered Members, once added by the Primary User cannot be removed, modified, or edited.
13.3.3. Information: As a part of the registration process for Health Plan Service, You will fill in certain personal information and details in order to create a medical history and profile which will be accessible to the Practitioners. The information shared by you will be dealt with in accordance with the Standard Policies.
13.3.4. Health Plan Service details: As a part of Health Plan Service, You are entitled to benefits (which may include such number of consultations, offers on medicines which are ordered through the Website or App, discounted health check-ups, discounts/offers on diagnostics tests and Family Doctor benefit, or any other benefit that My Medical Shop may offer in the future) that are set out in the Plan Details.
13.3.5. Health Plan Service process: After subscribing to Health Plan Service, You will be eligible to avail the benefits covered under the Health Plan Service as under:
- Consultation: Covered Consultations and their Utilization:As part of the Health Plan Service, You are entitled to certain number of consultations with Covered Practitioners at a discounted rate (“Covered Consultations”). For the purposes of these Terms, “Covered Practitioners” are those Practitioners who have been on boarded by My Medical Shop to provide you the Covered Consultation as part of Health Plan Service. The number of Covered Consultations that you are eligible for shall be displayed under Your Plan Page. The Covered Consultations can be availed by you either by booking through the Website by using the Book facility (as published on the Website) or by way of a walk-in. It is clarified that the benefits under the Covered Consultations will be calculated cumulatively and not per member. Illustratively, 1 Primary User has subscribed to the Health Plan Service with 4 Covered Members who are cumulatively entitled to 10 Covered Consultations. This means that as a group (Primary User and the Covered Members) the number of Covered Consultations is 10. These 10 Covered Consultations can be utilized by 1 individual User or more than 1 individual user in such combination and proportion that they choose as a group. Further, if You have exhausted the Covered Consultations under the Health Plan Service, You will still be able to avail other benefits which are a part of the Health Plan Service, however, if You seek a consultation with the Covered Practitioners after exhausting the Covered Consultation, You will have to pay to the Covered Practitioner their standard rate at their establishment. If before the expiry of the Term, You have exhausted the Covered Consultations that you were eligible for, you may have an option to renew Health Plan Service solely for the purpose of subscribing to additional number of Covered Consultation during the Term. Authentication: If you are booking a Covered Consultation through My Medical Shop’s Book facility, then the Plan Details, shall indicate such Covered Consultation to have been consumed at the time of booking such Covered Consultation, unless you have cancelled it as per permissible timelines set out in the Standard Policies. However, if you are availing the Covered Consultation by way of a walk-in appointment, then the Plan Details shall indicate such Covered Consultation to have been consumed once you authenticate your booking at such Covered Practitioner’s establishment. Covered consultations do not include consultations with Physiotherapist, Psychiatrist, Ayurveda, and Homeopathy.
- Medicine: As part of the Health Plan Service, You are eligible to receive offers on order of medicines (as offered for sale by Registered Pharmacies which are the sellers of such medicines) through the Website during the Term as per the Plan Details. The type of offers will be set out under your Plan Details. The other terms and conditions governing the order of medicines which are available at https://mymedicalshop.com/order-returns(“Order Terms”) will applicable to you in conjunction with the Standard Policies. The offers on purchase of medicines are available only on purchase of medicines through the Website and not via any other mode. For the purposes of these My Medical Shop Health Plan Terms, “Registered Pharmacies” are those pharmacies who have been on-boarded by My Medical Shop to offer you sale of medicine as part of the Health Plan Service through the Website. Additionally, the Order Terms applicable to My Medical Shop and User on medicine order will apply ‘as is’ under these My Medical Shop Health Plan Terms. It is to be noted that My Medical Shop is not the seller of the medicines but only a facilitator which facilitates procurement of medicine between you and a Registered Pharmacist. My Medical Shop is in no manner liable for or responsible towards the underlying medicine sale between the User and the registered pharmacist. My Medical Shop hereby disclaims and excludes all warranties with respect to all services, information and/or products contained on a medicine order, express, implied or statutory.
- Diagnostics: As part of Health Plan Service, You will be eligible to receive discounts / offers on the diagnostic tests availed by you (undertaken by Diagnostic Centres) through the Website for the Term as per the Plan Details. The quantum of the discount or type of offers will be set out under your Plan Details. The other terms and conditions governing the lab/diagnostic tests which are available at website will applicable to you in conjunction with the Standard Policies. For the purposes of these Terms, “Diagnostic Centres” are those diagnostic centres who have been on boarded by My Medical Shop to offer you diagnostic tests under the Health Plan Service. It is to be noted that the terms applicable to My Medical Shop and User on diagnostic tests will apply ‘as is’ under these Terms. The lab that you choose for the diagnostic test will offer at-home diagnostic service, and may offer walk-in tests at its discretion. It is clarified that all diagnostic tests may not be covered under Health Plan Service which is at the discretion of such Diagnostic Centres. It is further clarified that My Medical Shop does not conduct any diagnostic tests but is only a facilitator between the User and the Diagnostic Centres. My Medical Shop is in no manner liable for or responsible towards the actual test and analysis undertaken by the Diagnostic Centre. My Medical Shop disclaims and excludes all warranties in relation to any diagnostic service availed by the User as part of the Health Plan Service.
- Health Check-ups: As a benefit extended to you as a subscriber to Health Plan Service, You will get health check-ups at discounted fees during the Term. The details (including the number) of health check-ups will be visible to you under your Plan Page. As with Covered Consultations, the Primary User and the Covered Members may, as a group, choose to avail the health check-ups in such proportion amongst themselves as they deem fit. Health check-up would be provided by the Covered Practitioners and the Diagnostic Centres.
- Family Doctor: As a part of the Health Plan Service, You will also be eligible to avail the benefit of online Tele-consultation with a team of Practitioners (“Family Doctor”). The Family Doctor will be available to you for a consult and you are not required to pay any additional sum to consult with such Family Doctor. The Family Doctor benefit may be availed either through a phone call or chat or a video call. The Standard Policies applicable to you with regard to the online consultation (My Medical Shop Consult / Consult) will apply “as is”. Please note that the benefit of Family Doctor Consult is merely a consulting model and any interactions and associated issues with the Practitioner acting as Family Doctor, including but not limited to the Your health issues and/or Your experiences is strictly between You and such Practitioner. You shall not hold My Medical Shop responsible for any such interactions and associated issues. Any conversations that you have had with Family Doctor will be retained in My Medical Shop database as per the applicable laws and subject to confidentiality as laid out in the Standard Policies. Additionally, My Medical Shop in no manner endorses any Practitioner who is acting in the capacity of Family Doctor that you consult and is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by such Family Doctor on the basis of the consultation. Further, My Medical Shop shall not be responsible for any breach of service or service deficiency by such Practitioner. It is further clarified that My Medical Shop is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible and owns no liability to either you or any Practitioner for any outcome from the consultation between you and such Practitioner. The Family Doctor benefit is made available to you to obtain consultation from a Practitioner as a part of the Health Plan Service and is in no way intending to replace physical consultations with the Practitioner.
13.3.6. Payment for the Health Plan Service: You will pay to My Medical Shop at the time of subscribing to the Health Plan Service, at the rates set out in the Plan Details. At the time of visiting the establishment of the Practitioner for Covered Consultation, You are not required to pay any amount as long as your eligibility for Covered Consultations is valid and has been set out in the Plan Page. After availing of the Covered Consultation service, You are required to let the billing department of such Practitioner’s establishment know, that You have availed it by way of a Covered Consultation as part of Health Plan Service which will then be authenticated by the Practitioner’s establishment.
13.3.7. Health plan Service Cancellation and Refund Policy:
You may have an option to cancel your subscription to the Health Plan Services. You will contact My Medical Shop on the customer support chat channel regarding canceling your subscription to the Health Plan Service. Further, My Medical Shop may refund the amount paid by you towards your subscription of the Health Plan Services (“Health Plan Subscription amount”), subject to the following conditions:
In the event the Health Plan Subscription amount is Rs. 3,999 (Rupees Three Thousand Nine Hundred and Ninety-Nine) or Rs. 5,999 (Rupees Five Thousand Nine Hundred and Ninety-Nine) the refund scheme is as follows:
- If the user has not availed any of the Health Plan Services which are mentioned in the User’s Plan Details within a period of 15 (Fifteen) days from the date of subscribing to the Health Plan Services (“Free Look Period”) and if the user requests for a cancellation of his/her Health Plan Services during the Free Look Period, My Medical Shop will refund the entire Health Plan Subscription amount which was paid by the user.
- If the user requests for cancellation of his/her subscription to the Health Plan Services during the Free Look Period and if the user has already availed certain Health Plan Services which are mentioned in the user’s Plan Details during the Free Look Period, My Medical Shop will deduct maximum of Rs. 1,000 (Rupees One Thousand) or the actual value of the Health Plan Services availed by the user, whichever is higher.
- If the user requests for cancellation of his/her subscription to the Health Plan Services after the expiry of the Free Look Period, My Medical Shop will refund the Health Plan Subscription amount in the following manner:
- If the cancellation request by the user is within 16 (Sixteen) days to 89 (Eighty-Nine) days from the date of the user’s subscription to the Health Plan Services, My Medical Shop will refund 75% (Seventy-Five percent) of the Health Plan Subscription amount or the actual cost of Health Plan Services availed by the user, whichever is higher;
- If the cancellation request by the user is within 90 (Ninety) days to 179 (One hundred and Seventy-Nine) days from the date of the user’s subscription to the Health Plan Services, My Medical Shop will refund 50% (Fifty percent) of the Health Plan Subscription amount or the actual cost of Health Plan Services availed by the user, whichever is higher;
- If the cancellation request by the user is within 180 (One Hundred and Eighty) days to 269 (Two hundred and Sixty Nine) days from the date of the user’s subscription to the Health Plan Services, My Medical Shop will refund 25% (Twenty Five percent) of the Health Plan Subscription amount or the actual cost of Health Plan Services availed by the user, whichever is higher; and
- The user will not be entitled to any refund of the Health Plan Subscription amount if the cancellation request by the user is after 269 (Two Hundred and Sixty Nine) days from the date of the user’s subscription to the Health Plan Services.