Terms and Conditions

Welcome to the portal www.Medicalwale.com (the "Website"). The content of the Website pertains to Medicalwale.com and Medicalwale, a mobile application, which is the property of Aegis Health Solutions Private Limited ("Aegis Health Solutions", the "Company", "we" or "us"), having its registered office at 8/A, Aram Nagar past II, JP Road, Opp Ganesh Mandir, Mumbai 400061 Maharashtra India. Aegis Health Solutions, amongst other services, facilitates in finding and comparing prospective doctors, health care providers in identified locations, Blood Banking Services, Medical Services from the nearest Medical Stores, Nursing Services, Ayurvedic and Homeopathic Medicine Services, Fitness Services, Health Insurance Services, Ambulance Services and any other Services("Service") and this Service is provided only in good faith.

The following are the Terms and Conditions, read together with the Privacy Policy, that govern your purchase and use of the products and services (the "Products") from Medicalwale.com, and constitute a legally binding agreement, between you ("the Customer", the "User" or "the Caregiver") and Medicalwale.com, a fully licensed Pharmacy. 

By visiting, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to www.Medicalwale.com, you are deemed to have agreed to all the following Terms and Conditions of Sale/Service. So, before you use this Website, please read these Terms carefully as you agree to be bound by them. If you do not accept these Terms and Conditions, please do not use this Website.

  1. NATURE AND APPLICABILITY OF TERMS:

These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Medicalwale.com in connection with your visit to the Website and your use of the Services (as defined below).

The Agreement applies to you whether you are-

  1. A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”);or
  2. A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”);or
  • Otherwise a user of the Website (“you” or “User”).

The Services may change from time to time, at the sole discretion of Medicalwale.com, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at info@Medicalwale.com

By accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing you should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

Your access to use of the Website and the Services will be solely at the discretion of Medicalwale.com.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

  1. The Indian Contract Act, 1872, and
  2. The (Indian) Information Technology Act, 2000.
  • The rules, regulations, guidelines and clarifications framed there under, 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”).

 

  1. CREATING AN ACCOUNT
    • To use certain features of the Website (e.g., ordering Products, posting rating/reviews, receiving Medicalwale.com newsletters), you must set up an account with Medicalwale.com ("Medicalwale.com Account") and provide certain information about yourself as prompted by the Customer Information form, including, your name, gender, email address, account password, mobile phone number and billing/shipping address. All of your registration information is protected by our Privacy Policy.
    • The Website allows Medicalwale.com to have access to registered Users’ personal email or phone number, for communication purpose so as to provide Services to you a better way. You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the accuracy of such information.
    • The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Medicalwale.com of any actual or suspected unauthorized use of the User’s account or password. Although Medicalwale.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Medicalwale.com or such other parties as the case may be, due to any unauthorized use of your account.
    • It is your responsibility to keep your email address up-to-date on your account setup at Medicalwale.com so that we can communicate with you electronically.
    • If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Medicalwale.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Medicalwale.com has the right to discontinue the Services to the User at its sole discretion.
    • Medicalwale.com may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
    • You understand that once you register as a Medicalwale.com User on the Website, you will receive SMS messages from Medicalwale.com on your registered mobile number. These messages could relate to your registration, transactions that you carry out through the Website and promotions that are undertaken by Medicalwale.com. Please note that Medicalwale.com will send these SMS messages only to the registered mobile number or such other number that you may designate for any particular transaction. It is your responsibility to ensure that you provide the correct number for the transaction you wish to enter. Further, Medicalwale.com may also send notifications and reminders to you with respect to appointments scheduled by you for the Services that you have subscribed to on the Website. Please note that while Medicalwale.comendeavors to provide these notifications and reminders to you promptly, Medicalwale.com does not provide any guarantee and shall not be held liable or responsible for the failure to send such notifications or reminders to you. It is your responsibility to ensure that you attend any appointments that you may schedule with a doctor or a health care provider through the Website.

 

  1. RELEVANCE ALGORITHM:
    • Medicalwale.com relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Medicalwale.com. Medicalwale.com will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Medicalwale.com in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.

 

  1. LISTING CONTENT AND DISSEMINATING INFORMATION
    • Medicalwale.com collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Medicalwale.com takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Medicalwale.com screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
    • The Services provided by Medicalwale.com or any of its licensors or service providers are provided 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). Medicalwale.com does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Medicalwale.com does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Medicalwale.com disclaims all liability arising out of the User’s use or reliance upon the Website, 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 Medicalwale.com or any User in relation to any User or services provided by such User.
    • The Website may be linked to the website of third parties, affiliates and business partners. Medicalwale.com has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Medicalwale.com endorses the linked site. User may use the links and these services at User’s own risk.
    • Medicalwale.com assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
    • You understand that third party services may be made available by the Company on the Website. For example, you may be able to find or book an ambulance or schedule a home visit by a doctor through the Website. Please note that in the event you choose to avail any such third party services that are made available on the Website, you will be absolutely and solely responsible for your interactions with such third party service providers. Medicalwale.com shall not be held responsible for any lapses, shortcomings or deficiency of services by such third party service providers to you. Medicalwale.com hereby does not endorse the services of any third party service providers that are made available on the Website.
    • We may provide information to assist you in clinical decision-making. This may include information and reminders concerning drug interactions, allergies, dosages, as well as general health-care related information and resources. The information and materials available through the Website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. Information that may be placed on the Website by third parties is beyond our control. We are not responsible for the accuracy or completeness of information available from or through our Website. You assume full risk and responsibility for the use of information, you obtain from or through this site, and you agree that Medicalwale.com is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any provider of healthcare or health-related products, items or services, and the appearance of materials on the Website relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the Services, and to make an independent determination of their suitability for your use.

 

  1. SHARING OF INFORMATION UPLOADED BY YOU ON THE WEBSITE:

Unless you specifically consent to share information, medical or otherwise, with either doctors or third party service providers, Medicalwale.com does not share such information that you upload on the Website. While Medicalwale.com takes utmost care with respect to the security of the information you decide to share, you understand that any information that you disclose on the Website is at your own risk. In the event you do not trust Medicalwale.com with such information, please do not share such information on the Website.

 

  1. SELECTING YOUR DOCTOR OR HEALTHCARE PROVIDER ON THE WEBSITE:

The Website allows you to select and schedule appointments with doctors and health care providers registered with the Website and to whom certain specific terms and conditions apply. These terms and conditions can be accessed on www.Medicalwale.com. While choosing your doctor or healthcare provider on the Website, you understand and accept that:

  • You are ultimately responsible for choosing your own doctor or healthcare provider and Medicalwale.com shall not be held responsible or liable for the selection of such doctor or healthcare provider; and
  • Medicalwale.com will provide you with lists and/or profile previews of doctors and health care providers who may be suitable to deliver the health care that you are seeking based on information that you provide to Medicalwale.com(such as area of specialty and geographical location). For certain specific Services, Medicalwale.com may choose a doctor or healthcare provider on your behalf based on the nature of services you request and on the doctor or healthcare professional available to provide you with the clinical services for the same. Please note that Medicalwale.com (I) does not recommend or endorse any doctors or health care providers mentioned on the Website; and (II) does not make any representations or warranties with respect to these doctors or health care providers or the quality of the healthcare services they may provide. Medicalwale.com shall not be liable for any reason whatsoever for the services provided by the health care professional or doctor, and we bear no liability for the consequences to you, of your use of the System or Services.
  • Information regarding doctors and health care providers and practice information found on the Website is intended for general reference purposes only. Such information found on the Website is mainly self-reported by the doctor or the health care provider. Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor Medicalwale.com provides any advice or qualification certification about any particular doctor or healthcare provider. You are encouraged to independently verify any such information you see on the Website with respect to a doctor or healthcare provider that you seek to make an appointment with.

 

  1. BOOK APPOINTMENT AND CALL FACILITY:

Medicalwale.com enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the Website; b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Website.

  • Medicalwale.com will ensure Users are provided confirmed appointment on the Book facility. However, Medicalwale.com has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. Provided, it does not fall under the heads listed under the Medicalwale.com's Guarantee Program, in which case the terms of this program shall apply.
  • If a User has utilized the telephonic services, Medicalwale.com reserves the right to share the information provided by the User with the Practitioner and store such information and/or conversation of the User with the Practitioner, in accordance with our Privacy Policy.
  • The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Medicalwale.com 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.
  • Without prejudice to the generality of the above, Medicalwale.com is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Medicalwale.com will not be liable for:
  1. User interactions and associated issues User has with the Practitioner;
  2. 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);
  1. 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;
  2. any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
  3. Cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under, Medicalwale Guarantee Program.
    • Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Medicalwale.com shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website.

 

  1. TERMS FOR USE OF ONLINE DOCTOR CONSULTANCY SERVICES:
    • Medicalwale.com is an online health platform that provides a variety of online and online-linked health products and services to the Users for health related information and resources. Whenever we use the words "Your physician" or "Your doctor" or "healthcare provider" or similar words on the Website, including in these Terms of Use, We mean your personal doctor with whom you have an actual, mutually acknowledged, doctor-patient relationship. Medicalwale.com’s Medical Experts are not "Your" physician or healthcare provider.
    • NO DOCTOR PATIENT RELATIONSHIP Medicalwale.com does not replace your relationship with physician or healthcare provider, You acknowledge that the Medical Experts empanelled with Us are independent contractors and thereby Medicalwale.com has an independent contractor relationship with such Medical Experts and therefore in no event Medicalwale.com will be directly or vicariously liable for any advice or medical consultancy or any loss arising there from that the Medical Experts may provide to You or You may avail as part of the Services.
    • You acknowledge that the e-prescription which may be issued by the Medical Expert(s) is not a valid prescription under applicable law(s) of India and may not be used for dispensation of medicines by any pharmacist including the Third Party Pharmacies. You further agree and acknowledge that if You request Us to process the e-prescription or any form of prescription (whether original or scanned copy of the original prescription) for procuring medicines, then We will only act as an aggregator and assume no responsibility and/ or liability in relation to the dispensation of the medicines, which shall at all times be at Your sole risk and the sole responsibility of the Third Party Pharmacies supplying the medicines to You.
    • You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to You on the Website (including Information provided in direct response to Your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a doctor/medical professional-patient relationship, but is provided to inform You on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on the Website should be used for information purposes only.
    • Medicalwale.com is designed to support the health decisions and choices that you make. These decisions and choices are yours, and we believe that you, in connection with the advice you receive from your doctor or other professional healthcare provider, are the best decision maker about your health. We cannot make decisions for you. However, what we can do is help you find good health information and connect with doctors for in-person information. On Medicalwale.com You can ask and find informational questions and related educational answers by Medical Experts. The Website is not a place for the practice of medicine, but Medical Experts on the Website can be a resource for reliable, relevant general health information.
    • Even if your real life doctor is on Medicalwale.com, personal medical advice, treatment or diagnosis are not permitted through the Website, and by using the Website You agree not to solicit these or use any information as if it were personal advice, treatment, or diagnosis. Whenever you want personal medical advice, treatment, or diagnosis, you should contact your physician or professional healthcare provider and see them in person.
    • We do not recommend or endorse any specific Medical Expert(s), tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided on the Website is solely at your own risk. In case of any medical emergency, kindly contact your nearest doctor/hospital or any related helpline.
    • The Services are not for use in medical emergencies or for critical health situations requiring prompt medical attention. The Services are not intended to be real-time and may not be the best solution when a face-to-face consultation is a must and therefore we strongly discourage any delay in seeking advice from your doctor on account of something that you may have heard/viewed on the Website. You take full responsibility for ensuring that the information submitted is accurate and Medicalwale.com shall not make any effort to validate any information provided by You for using the Services with respect to content, correctness or usability. We, with an intention to provide the best services possible could ask you to share more information as and when needed.
    • The opinions, statements, answers (collectively “Consultation”) provided by the Medical Experts through the Website are solely the individual and independent opinions and statements of such Medical Experts and do not reflect the opinions of Medicalwale.com, its affiliates or any other organizations or institutions to which such Medical Expert or such specialist or professional is affiliated or provides services. Medicalwale.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website or by a licensee of Medicalwale.com.
    • The inclusion of professionals, specialists and/ or Medical Experts on the Website or in any professional directory on the Website does not imply recommendation or endorsement of such specialists and/ or Medical Experts nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any specialists and/ or Medical Experts contained therein. Such information is provided on an ‘as-is’ basis and Medicalwale.com disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
    • Medicalwale.com (the owners and the employee staff of Medicalwale.com), Medical Experts and third-party professionals who offer the Services through the Website accept no responsibility for any medical, legal or financial events or outcomes related to the Services availed through the use of the Website.
    • Medicalwale.com makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by Medicalwale.com employees. Medicalwale.com is not responsible for transmission errors, corruption of data.
    • Medicalwale.com is for personal use and the Services are for individuals to use for supporting their personal health decisions. You may use the Website for personal, but not for commercial, purposes.
    • The Website may not be used for illegal purposes. The Information and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any Information or Services, other accounts, computer systems, or networks connected with the Website, the Information, or Services. You may not use any automated means (such as a scraper) to access the Website, the Information, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Medicalwale.com profile/ account. Any attempt by any individual or entity to solicit login information of any other user or Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
    • Your right to use the Services is not transferable.
    • Notwithstanding anything to the contrary contained herein, you alone shall be liable for your dealings and interaction with patients or Medical Experts (as the case may be) contacted or managed through the Website and Medicalwale.com shall have no liability or responsibility in this regard. Medicalwale.com does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the Information or detail provided by such client, patient, User, Medical Experts or any third party through the Website. The Services should not be used for emergency appointment purposes.
    • The exchanges between the Medical Experts and the patient through the chat window and the e-prescription would be accessible to Medicalwale.com for the purposes of monitoring the quality of the consultation.
    • The Services should not be depended upon and should not be treated as a replacement for obtaining consultation for diseases as the consultation provided through the Website is generic in the approach and shall not and cannot act as a substitute for physical consultation with a doctor. Also the Consultations provided through the Website are not diagnostic in nature.
  1. DIAGNOSTICS SERVICES:

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

TERMS FOR USE OF DIAGNOSIS SERVICES:

  • Medicalwale.com provides Services through the Website as a marketplace and facilitates the Users to avail diagnostic test/ packages facilities offered by Third Party Labs through the Website. Medicalwale.com is not and shall not be responsible for any sample collected, tests conducted and reports generated by the Third Party Labs and does not deal with any of Third Party Labs’ client or patient managed by Third Party Labs through the Website and only provides facilitation Services to the Users through the Website. Use of the Website may require the Third Party Labs to use software and the Third Party Labs have to ensure the procurement of such software from the concerned providers. User and the Third Party Labs agree to use the Website and the materials provided therein only for purposes that are permitted by: (a) these Terms of Use; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.
  • The Third Party Labs may not access the Services if the Third Party Labs are Medicalwale.com’s direct competitor, except with Medicalwale.com’s prior written consent. In addition, the Third Party Labs may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
  • Medicalwale.com will provide to the Third Party Labs basic support for the Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Services available 24 (twenty-four) hours a day, 7 (seven) days a week, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond Medicalwale.com’s reasonable control, including without limitation Force Majeure Events (as defined herein below). Medicalwale.com will provide the Services only in accordance with applicable law(s) and government regulations.
  • The Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Third Party Labs are permitted to make against Medicalwale.com’s application programming interface, and, other limitations dependent on the Third Party Labs plan, for example, number of SMS, or number of Users. Any such limitations are specified in the Third Party Labs’ plans. The Services provide real-time information to enable Third Party Labs to monitor such Third Party Labs’ compliance with such limitations.
  • Notwithstanding anything to the contrary contained herein, Third Party Labs alone shall be liable for Third Party Labs’ dealings and interaction with the Users who avail the services of the Third Party Labs or diagnostic centers contacted or managed through the Website and Medicalwale.com shall have no liability or responsibility in this regard. Medicalwale.com does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Third Party Labs or any diagnostic center or any third party through the Website. The Services should not be used for emergency appointment purposes.
  • Notwithstanding anything to the contrary contained herein, Third Party Labs alone shall be liable for dealings and interaction with Users contacted or managed through the Website and Medicalwale.com shall have no liability or responsibility in this regard. Medicalwale.com does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the tests conducted and reports generated by the Third Party Labs.
  • Medicalwale.com may, at its sole discretion, suspend Third Party Labs or Users ability to use or access the Website at any time while Medicalwale.com investigates complaints or alleged violations of these Terms of Use, or for any other reason. Medicalwale.com has the right to edit profiles of Third Party Labs to make them more suitable for package searches on the Website. If Third Party Labs and/ or Users find any wrong information on the Website in relation to such Third Party Labs and/ or User, they can correct it themselves or contact Medicalwale.com immediately for such corrections. Medicalwale.com shall have no liability or responsibility in this regard.

 

  1. RISK OF USING Medicalwale.com’S SERVICES:
    • As with any medical procedure, there are potential risks associated with using the Services. By using the Services, You agree to abide by these Terms of Use, Privacy Policy and risks described below. These risks include, but may not be limited to:
      • While the Website is an honest attempt to provide access to the best possible medical information to the Users, the Medical Experts will not be examining you physically. The Medical Experts may not have access to all or some of your medical history that might be critical to consult you. The Medical Experts will not have the benefit of information that would be obtained by examining you in person, observing your physical condition and by going through your medical records. This means that the Services provided is different from the diagnostic and treatment services typically decided by a physician. Therefore, the Medical Experts may not be aware of facts or information that would affect his or her opinion of your diagnosis. To reduce the risk of this limitation, Medicalwale.com strongly encourages you to be in touch with an on-ground physician and share the Medicalwale.com’s opinion with him/her.
      • By requesting a medical opinion through the Website, You acknowledge and agree that:
  1. The medical opinion is not intended to replace a face-to-face visit with a physician and it does replace an actual doctor-patient relationship;
  2. In case of a second opinion where there is a difference of opinion among Our Medical Experts and Your physician, You would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment;
  • The Medical Expert is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void;
  1. In some cases, the Medical Expert may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;
  2. In rare cases, the Medical Experts may feel that the query may not be answerable without physically examining the patient/ Users and the Consultation may be refused forthwith;
  3. In very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and
  • Delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in these Terms of Use.

 

  1. OTHER TERMS:
    • Your Profile, Collection, Use, Storage and Transfer of Personal Information:
      • Your Medicalwale.com profile is created to store record of Your Consultations and your personal health information online, including history, health conditions, allergies and medications.
      • Any information provided as part of a web Consultation or obtained from use of the Services by you becomes part of Your Medicalwale.com record. You agree to provide accurate information to help us serve you best to our knowledge, to periodically review such information and to update such information as and when necessary. Medicalwale.com reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by you for Medicalwale.com’s record or for the Services.
      • The terms “personal information” and “sensitive personal data or information” are defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and are reproduced in the Privacy Policy.
      • The Privacy Policy sets out:
        • The type of information collected from Users, including sensitive personal data or information;
        • the purpose, means and modes of usage of such information; and
        • How and to whom Medicalwale.com will disclose such information.
      • com shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Users to Medicalwale.com or any other person acting on behalf of Medicalwale.com.
      • The use of the Website involves every User’s registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the Privacy Policy. The other information collected by Medicalwale.com from Users as part of the registration process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.
      • Medicalwale.com may disclose or transfer User Information (as defined in the Privacy Policy) to its affiliates in other countries, and you hereby consent to such transfer. The SPI Rules only permit Medicalwale.com 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 Medicalwale.com as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Medicalwale.com or any person on its behalf and the user or where the User has consented to data transfer.
      • By accepting these Terms of Use and by registering on the Website, You consent to be contacted by us and by the Third Party Service Providers.
  1. PAYMENT, FEES AND TAXES:
    • Registration on the Website and the access to the information provided on the Website is free. Medicalwale.com does not charge any fee for accessing, browsing and buying through the Website. You agree to make all payments directly to the respective Third Party Pharmacies for purchase of Pharmaceutical Goods and Services from such Third Party Pharmacies. The Third Party Pharmacies may choose to either personally collect such payment from you or may use the services of collection agents duly appointed in this regard. You agree and acknowledge that you shall not hold Medicalwale.com responsible for any loss or damage caused to you during the process, due to any acts or omission on the part of third parties viz. the Third Party Pharmacies or the collection agents or for any actions/ omissions which are beyond the control of Medicalwale.com.
    • In relation to the diagnostic services being availed from the Website, Third Party Labs agree to pay all package fees, consulting fees and other fees applicable to the Third Party Labs use of such Services and the Third Party Labs shall not circumvent the fee structure. The fee is dependent on the package that the Third Party Labs purchase and not on actual usage of the Services. In relation to the Users using the diagnostic Services, the Users agree to make all payments directly to the respective Third Party Labs for use of the diagnostic Services from the Website. You agree and acknowledge that You shall not hold Medicalwale.com responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of the Third Party Labs’ any actions/ omissions which are beyond the control of Medicalwale.com.
    • Each User / Third Party Service Providers is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Medicalwale.com is in no way responsible for any of the taxes except for its own income tax.
    • The subscription fees for the Services, if any charged by Medicalwale.com, could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. Medicalwale.com is not responsible for any loss or damage caused to User/ Third Party Service Providers during this process as these third parties are beyond the control of Medicalwale.com. The fees could also be paid offline and be either collected personally from the User/ Third Party Service Providers or required to be mailed to Medicalwale.com at the following address:

8/A, Aram Nagar past II, JP Road, Opp Ganesh Mandir, Mumbai 400061 Maharashtra India

  • All fees are exclusive of applicable taxes.
  • com reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
  • In order to process the payments, Medicalwale.com might require details of User’s/ Third Party Service Providers’ bank account, credit card number etc. Please check Our Privacy Policy on how Medicalwale.com uses the confidential information provided by Users.

 

  1. Return, Refund, Cancellation and Shipping charges:
    • In case of cancellation or non-confirmation of the appointment by Medicalwale.com due to any reasons, three options are available to the consumer:
  • He may ask for rescheduling the appointment with the specialist doctor, or
  • He may claim a refund of the advance payment, or
  • The advance payment may be added as credit in the account of the consumer and be adjusted in due course for future consultations.
    • In case the consumer misses or cancels the appointment, he shall not be entitled to any refund.
    • In case the consumer’s credit card/debit card/payment account has been accidentally overcharged, please notify Medicalwale.com of the same at the earliest. In case of over-charging, the consumer has the following options:
  • He may claim a refund of the outstanding amount. In such a scenario, Medicalwale.com shall make all endeavors to refund the amount within 7-14 working days.
  • The outstanding amount may also be credited to the account of the consumer so as to be adjusted in future consultations of himself or of any other person.
    • The refund shall be made by e-banking or by demand draft or by other such mode other than cash, depending upon the suitability of both, Medicalwale.com and the consumer.
    • For claiming refund, the consumer should necessarily have the valid invoice of the investigations, so as to be able to get the refund.

 

  1. COVENANTS: (COVENANTERS FOR THE PURPOSES OF THESE TERMS OF USE SHALL INCLUDE THE USERS AND THE THIRD PARTY SERVICE PROVIDERS)
    • Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that –
      • Belongs to another person and to which the such Covenanter does not have any right;
      • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
      • Infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;
      • Violates any law for the time being in force;
      • Impersonates another person;
      • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
      • Is prohibited under applicable law(s) for the time being in force including Drugs Act read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as amended from time to time and rules made there under; and
      • Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
    • You are also prohibited from:
      • Violating or attempting to violate the integrity or security of the Website or any Medicalwale.com 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 Medicalwale.com;
      • Intentionally submitting on the Website any incomplete, false or inaccurate information
      • making any unsolicited communications to other Covenanters;
      • Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
      • attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
      • Copying or duplicating in any manner any of the Medicalwale.com Content or other information available from the Website; and
      • Framing or hot linking or deep linking any Medicalwale.com Content.
    • Medicalwale.com, 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, shall be entitled to disable such information that is in contravention of this or any provisions of these Terms of Use. Medicalwale.com shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
    • In case of non-compliance with any applicable law(s), rules or regulations, or these Terms of Use or the Privacy Policy by a Covenanter, Medicalwale.com has the right to immediately terminate the access or usage rights of the Covenanter to the Services and to remove noncompliant information.

 

  1. LIABILITY:
    • com shall not be responsible or liable in any manner to the Users or any Third Party Service Providers (collectively referred to as the “Other Parties”) for any losses, damage, injuries or expenses incurred by Other Parties as a result of any disclosures made by Medicalwale.com, where Other Parties have consented to the making of such disclosures by Medicalwale.com. If the Other Parties had revoked such consent under the terms of the Privacy Policy, then Medicalwale.com shall not be responsible or liable in any manner to the Other Parties for any losses, damage, injuries or expenses incurred by the Other Parties as a result of any disclosures made by Medicalwale.com prior to its actual receipt of such revocation.
    • The Other Parties shall not hold Medicalwale.com responsible or liable in any way for any disclosures by Medicalwale.com under Regulation 6 of the SPI Rules.
    • The Services provided by Medicalwale.com or any of its licensors or providers or Third Party Service Providers are provided ‘as is’, as available, 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). Medicalwale.com does not provide or make any representations, warranties or guarantees express or implied about the Website or the Services. Medicalwale.com does not verify any content or information provided by the Other Parties on the Website and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the Medicalwale.com Content, Third Party Contents, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
    • The Website may be linked to the website of third parties, affiliates and business partners. Medicalwale.com has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that Medicalwale.com endorses the linked website. Other Parties may use the links and these services at their own risk.
    • Medicalwale.com shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; Medicalwale.com shall not be responsible for any error in any of the services being provided by the Third Party Service Providers.
    • Users accept and acknowledge that Medicalwale.com does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods/ products and services made available on its Website by Third Party Service Providers, including any guarantee or warrantee that such goods/ products (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Third Party Service Providers have legal title over the goods/products being offered for sale by them on the Website. Medicalwale.com also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Services offered or services offered or provided by the Third Party Service Providers.
    • The Other Parties further accept and acknowledge that Medicalwale.com does not verify any content or information provided by either the Users or the Third Party Services/ or obtained from the Users or the Third Party Service Providers, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the Medicalwale.com Content, Third Party Content, representations and warranties made by the Other Parties on the Website or any opinion or suggestion given or expressed by Medicalwale.com or any Third Party Service Providers in relation to any Services provided by Medicalwale.com.
    • Medicalwale.com assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Other Parties’ equipment on account of the Other Parties’ access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If any of the Other Party is dissatisfied with the Website, the sole remedy of such Other Party(s) is to discontinue using the Website.
    • The listing of Third Party Service Providers on the Website is based on numerous factors including Users comments and feedbacks. In no event shall the Protected Entities (as defined herein below) be liable or responsible for the listing order of Third Party Service Providers on the Website.
    • The maximum extent permitted by applicable law(s), Medicalwale.com, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
    • No event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Third Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Third Party Service Providers; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third Party Service Providers or other person on or through the Website.
    • Medicalwale.com disclaims any liability in relation to the validity of the medical advice provided by the Medical Experts and the validity and legality of the e-prescription for dispensation of medicines and conduct of diagnostic tests. All liabilities arising out of any wrong diagnosis of medical condition by the Medical Experts and/ or arising from the e-prescription will be of the concerned Medical Expert. Further, all liabilities arising out of any wrong diagnosis report by the Third Party Labs and/ or arising from the wrong dispensation of the Pharmaceutical Goods and Services will be of the concerned Third Party Labs or the Third Party Pharmacies as the case may be.
    • The Users may share their previous medical history during interaction with the Medical Experts. The Users undertake to share such information at their own risk. Medicalwale.com reserves the right to retain such information for the purpose of providing Services to the Users.
    • With respect to the Consultation Services, after selection of the type of treatment viz. Homeopathy, Allopathic or Ayurvedic along with the specification of the disease by the patient, Medicalwale.com will decide the Medical Expert to whom the query should be directed based on the information shared by the User. However, in no event the Protected Entities shall be held liable for the losses attributable to such decision making and in no event shall the Protected Entities be liable for any Consultation provided and/or e-prescription issued by the Medical Expert by using the interface of online medical consultancy.
    • The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Website.
    • In no event shall the Protected Entities be liable for failure on the part of the Users or Third Party Service Providers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the Users in relation to the services provided by a Third Party Service Providers.

 

  1. INDEMNITY:

The Covenanters agree to defend, indemnify and hold harmless Medicalwale.com, the Protected Entities, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Covenanters access to or use of Website; (b) Covenanters violation of these Terms of Use or any applicable law(s); (c) Covenanters violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Covenanters conduct in connection with the Website.

 

  1. MODIFICATION OF WEBSITE:

Medicalwale.com reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that Medicalwale.com will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.

 

  1. INTELLECTUAL PROPERTY RIGHTS:

All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

 

  1. TERMINATION (PARTIES FOR THE PURPOSE OF THESE TERMS OF USE SHALL COLLECTIVELY MEAN THE OTHER PARTIES AND Medicalwale.com):
    • The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below:
      • In case of Other Parties wanting to terminate these Terms of Use, Other Parties may do so by:
        • Not accessing the Website; or
        • Closing their accounts for all of the Services that they use.
      • Medicalwale.com reserves the right to, at any time, and with or without notice, terminate these Terms of Use against each of the Users or the Third Party Service Providers or the Other Parties as a whole, if there is:
      • Breach any of applicable law(s), including but not limited to the Captioned Laws or the provisions of these Terms of Use or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the Other Parties from time to time (or have acted in a manner that clearly shows that Other Party(s) do not intend to, or are unable to, comply with the same); or
      • Medicalwale.com is unable to verify or authenticate any information provided to Medicalwale.com by Other Party(s); or
      • Medicalwale.com believes, in its sole discretion, that Other Party(s) actions may cause legal liability for Medicalwale.com (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
      • Medicalwale.com is required to do so by law; or
      • If Other Party(s) fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for Medicalwale.com to provide the Services to the Other Party(s); or
      • The provision of the Services to the Other Party(s), or to the general public, is in Medicalwale.com’s opinion, no longer commercially viable; or
      • Medicalwale.com has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).
      • Medicalwale.com may also terminate or suspend (temporarily or permanently) all or a portion of Other Party(s) account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Other Party(s) account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring Other Party(s) from further use or access of the Website or of any of the Services.
      • Once terminated or suspended (temporarily or permanently), Other Party(s) may not continue to use the Website under the same account, a different account or re-register under a new account.
      • Upon termination of these Terms of Use, Medicalwale.com shall have no obligation to maintain or provide any of Other Party(s) data and may thereafter, unless legally prohibited, delete all of Other Party(s) data in its systems or otherwise in its possession or under its control, including but not limited to Other Party(s) personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Other Party(s) account (or any part thereof).
      • Medicalwale.com reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the Other Party(s) content from the Website with or without ability to access the Website and the other Services, upon any breach by the Other Party(s) of these Terms of Use or if Medicalwale.com is unable to verify or authenticate any information the Other Party(s) submits to Medicalwale.com, or if the Other Party(s) fail to provide (or after providing such consent, later revokes) the consents necessary or desirable for Medicalwale.com to provide the Services to the Other Party(s).
      • The right to terminate/ suspend the account is in addition to, and without prejudice to, Medicalwale.com’s right to initiate action against the Other Party(s), in accordance with applicable law.

 

  1. FORCE MAJEURE:

Other Parties accept and acknowledge that Medicalwale.com shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of Medicalwale.com or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond Medicalwale.com’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, Medicalwale.com, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event.

 

  1. Governing Law and Dispute Resolution:

These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Other Party(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Mumbai. All disputes will be subject to arbitration at Mumbai in English by a sole arbitrator appointed by Medicalwale.com under the Arbitration and Conciliation Act, 1996.

 

  1. SURVIVAL:

Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

 

  1. Severability:

If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

 

  1. Waiver:

No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Medicalwale.com. Any consent by Medicalwale.com to, or a waiver by Medicalwale.com of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE