PRIVACY POLICY

These terms of use read with the Privacy Policy (the “Privacy Policy”) are an electronic record under the Information Technology Act, 2000 and the rules made thereunder as amended and is enforceable against You (as hereinafter defined) under law by way of your acceptance hereof.

The domain name https://docmedix.care/ and applications for mobile, tablet and other smart devices and application program interfaces, if any (collectively referred to as the“Website”), operated by Docmedix Technologies Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “Docmedix” or “We” or “Our” or “Us” or “Company”).

Your access or use of the Website, transaction on the Website, are governed by the following terms and conditions along with any amendments / modifications made by Docmedix at its sole discretion and posted on the Website (hereinafter referred to as the “Terms of Use”), including by way of imposing an additional charge for access to, or use of, the Service(s) (as hereinafter defined). These Terms of Use constitutes a legal and binding contract between You on one part and Docmedix on the other part.

This Website is a platform that connects Users to the healthcare providers and other key healthcare ecosystem players (the “Healthcare Providers”) to enable You to avail their services provided by the Healthcare Providers under the terms agreed between You and the Healthcare Providers (theServices”). It is clarified that Docmedix and its affiliates do not provide any Services which is the domain of the Healthcare Provider. The arrangement between the User and Docmedix shall be governed in accordance with the Terms of Use and Privacy Policy. For the purpose of these Terms of Use, wherever the context so requires “You” or “Your” or “Users” shall mean any natural person (which expression shall include legal heirs, representative, executors, administrators, successors and permitted assigns) who has agreed to become a user on the Website by registering on the Website as a registered User using the computer systems, or just visiting and browsing the Website as a non-registered User, or a patient, his or her representative searching for Services through the Website/platform.

The User and Docmedix shall hereinafter be referred to individually, as “Party” and collectively, as “Parties”.

By accessing, browsing or in any way transacting on the Website, or availing any of the Services, You signify Your agreement to be bound by these Terms of Use. For transaction via our Website, by clicking on the “Accept” or “Agree” button you agree to the Terms of Use that will bind you. If you do not agree to these terms and conditions you must cease to transact on the Website. Further, by impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Our policies, including the Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.

Interpretation
1. Reference to singular includes a reference to the plural and vice-versa, and reference to any gender includes a reference to the other gender.
2. In the event of ambiguity, or a question of intent, or interpretation arises, these Terms of Use shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favouring or disfavouring any Party by virtue of its authorship.
Scope
1. This Website allows Users to browse the Service offerings of the Healthcare Providers and furnish information related to the Services of the Healthcare Providers selected by the User. There are various options that can be made available to the User by Docmedix starting with customised service, additional services delivered at the doorstep or on the healthcare centres.
E-Platform for Communication.
1. You agree, understand and acknowledge that the Website is an online platform that enables you to select and book Services provided by the Healthcare Providers at the price indicated therein at any time from any location.
2. You further agree and acknowledge that Docmedix is only a facilitator / enabler and is not and cannot be a party to or control in any manner any Services provided by the Healthcare Providers on the Website. Accordingly, the contract of Services/purchase on the Website shall be strictly bipartite contract between You and the Healthcare Providers.
3. When You connect with the Healthcare Provider through the Platform via call or text message, Docmedix reserve the right to record the conversation for quality control and support related purposes and are dealt with the terms of the Privacy Policy. Such facility provided by Docmedix shall be used for appointment and booking purposes and not consultation on health related issues. Docmedix accepts no liability if the call facility is not used in accordance with the foregoing.
Access to Website.We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet and your location, this cannot be guaranteed. Also, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities at any time without any prior notice. We will attempt to limit the frequency and duration of such suspension or restriction.
No Medical Advice.Docmedix DOES NOT PROVIDE MEDICAL ADVICE OR WELNESS ADVICE OR ANY HEALTHCARE ADVICE. DO NOT USE THE WEBSITE FOR ANY MEDICAL NEEDS. IF YOU THINK YOU MAY BE A DANGER TO YOURSELF OR OTHERS, OR YOU ARE HAVING A MEDICAL EMERGENCY, CALL THE EMERGENCY MEDICAL SERVICES OF RELEVANT HEALTHCARE PROVIDER IN YOUR HOME JURISDICTION. The facilities provided by Docmedix do not constitute medical advice of any kind and it is not intended to be, and should not be, used to or be construed to be diagnosis or examination, treatment or therapy or care or identify treatment for a medical or mental health condition. Nothing on the Platform should be construed as an attempt to offer or render a medical or mental health opinion or diagnosis, or examination, treatment or therapy or care or otherwise engage in the practice of medicine by Docmedix. We are not responsible for any medical or mental health problems You may face as a result of partly following/ not following the medical advice and other Services provided by the Healthcare Providers. Docmedix DOES NOT REFER, ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION, EXERCISE, DIET, INSTITUTION, PRODUCT, ECO-SYSTEM PARTNER, OPINION OR OTHER INFORMATION OR SERVICES PROVIDED THROUGH THE SERVICES, AND NOTHING SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY HEALTHCARE PROVIDER OR ECO-SYSTEM PARTNER OR SERVICES PROVIDED BY THEM. Docmedix DOES NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT OR ANYTHING SAID OR WRITTEN BY ANY HEALTHCARE PROVDIER OR ANY ADVICE PROVIDED. Docmedix WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY THE USER ON SUCH INFORMATION OR ADVICE PROVIDED BY ANY HEALTHCARE PROVIDER. NOTWITHSTANDING THE ABOVE, THE AGGREGATE MONETARY LIABILITY OF Docmedix FOR ANY LOSSES, HARM OR INJURY THAT MAY OCCUR DUE TO USE OF THE SERVICES, WILL BE LIMITED TO THE AMOUNT OF FEES APPRORPRIATED BY CUREBAY TOWARD ITS FEE PAID BY YOU FOR USE OF THE WEBSITE.
Eligibility
1. The Website should only be used or accessed by persons who are competent to enter into a legally binding contract under the Indian Contract, 1872. If You are a minor (i.e. You are under the age of 18 years), You may use the Platform or Services only with the involvement of Your parent or guardian.
2. In addition, You represent and warrant that You have the right, authority and capacity to enter into these Terms of Use and to abide by all the Terms of Use. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age, condition or affiliation with any person or entity. Finally, in the event of any violation of the Terms of Use, Docmedix reserves the right to suspend or permanently prevent You from using the Website, consequently availing the Services from the Healthcare Providers.
User Account, Password and Security.
1. The Website requires You to register as a User by creating an account to avail of the Services provided by the Healthcare Providers (the “Account”). You agree and understand that You are responsible for maintaining the confidentiality of the Account information i.e., Your password which, together with Your e-mail address and mobile number (the “User ID”) allows You to access the Platform. The User ID and password, together with any other information You provide form Your Registration Information”.
2. You agree to: (a) immediately notify us of any unauthorized use of your password or Account or any other breach of security; and (b) ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.
3. Docmedix will not be responsible for any financial loss, inconvenience or mental agony or harassment resulting from misuse of the Your Account/Account Information or financial information.
4. You hereby acknowledge that the deletion of the Services from the Website does not constitute termination of your Account and agree to undertake the process detailed herein in order to complete de-registration. If and when you are desirous of having your name and other details removed from the records of Docmedix, immediately upon receiving your written request to that effect Docmedix shall, consequent upon confirmation from the User, remove and/delete all such information .

You agree and acknowledge that You will use your account on the Website to purchase / avail Services only for your personal use and not for business purposes.

Intellectual Property Policy.
1. All of the content on the Website, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames, written posts and comments, software, scripts (the “Content”), constitute Our licensors’ intellectual property. Copyright laws in all applicable jurisdictions protect the Website, and the Content.
2. You may access the Website, avail of the features and facilities and utilize the Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Content, features or facilities, directly or indirectly, without our prior written permission. If You would like to request permission to commercially exploit any particular Content, You could contact Us.
3. Docmedix licensors are the sole owners of the underlying software and source code associated with the Website and all the trademarks, copyright and any other intellectual property rights of any nature in the Website.
4. All software used on the Website is the property of Docmedix licensors / software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted under these Terms of Use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on the Website is strictly prohibited. Our trademarks should not be used in connection with any Services or service without obtaining authorization from Docmedix, in any manner that is likely to cause confusion among Our customers, or in any manner that disparages or discredits Docmedix brand. Contravention of this provision shall be construed as a material breach of this Terms of Use.
Customer Communications
1. Accepting these Terms of Use, implies Your express consent to be contacted by Us, Our agents, representatives, affiliates, or anyone calling on Our behalf at any contact number, or physical or electronic address provided by You while registering your Account. You further agree to Us contacting You in any manner, including without limitation, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the Website. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on Your answering machine, voice mail, or send one via SMS.
2. You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that you have provided to Us are Your own and not someone else’s and are true, accurate, current and complete. You represent that You are permitted to receive calls at each of the telephone numbers You have provided to Us and emails at each of the email addresses You have provided Us. You agree to notify Us whenever You stop using a particular telephone number(s) and/or email address (es).
3. Docmedix can only advise you based on what you have described. Please ensure that you share accurate and complete information/ details.
User Guidelines
1. In consideration of Docmedix granting You the rights hereunder, You hereby agree not to use the Website for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these Terms of Use and our Privacy Policy. You shall not use the Website in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to any Docmedix server, or interfere with any other party’s use and enjoyment of the Website. You shall not attempt to gain unauthorized access to any functions and features, other User accounts, computer systems or networks in any manner, including, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the Website.
2. All Registration Information that you submit is true and accurate and you agree to maintain the accuracy and correctness of such information.
3. The Website is made available to you for your own personal and non-commercial use alone.
4. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item on the Website that:
  1. belongs to another person without his or her consent and to which You do not have any right to;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
  3. harm minors in any way
  4. Infringes any patent, trademark, copyright or other proprietary rights
  5. violates any law for the time being in force
5. You shall request Docmedix to block the Account and change the password immediately for the Account, if your device has been lost or stolen.
6. You are responsible for any and all activities that occur in your Account. You agree to notify Docmedix immediately of any unauthorized use of the Account or any other breach of security. Docmedix shall not be liable for any loss to You owing to actions or a failure on Your part to inform Docmedix within a reasonable time, about loss or theft of your device and/or any unauthorized access in your Account, either with or without your knowledge.
7. Docmedix shall make all reasonable efforts to ensure that your information is kept confidential. However, Docmedix shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the device due to theft, negligence or failure on your part to practice safe computing.
8. You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by You and Docmedix shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
9. You must notify Your bank immediately in the event Your credit card is lost, stolen, not received, swallowed at an ATM, or is being misused without Your permission. Please refer the detailed instructions received from Your bank for additional precautions to be taken in case of loss/ theft/ misuse of your credit card.
10. You shall not place order or contact Docmedix or the Healthcare Providers available on the Website directly or indirectly for placing order using any other means except Website. In the event of violation, Docmedix shall not be responsible for quality, customization and its timely delivery of the Services as guaranteed by the Healthcare Providers on the Website and shall not provide redressal to any of your grievances against the Healthcare Providers or any of its Services.
11. Docmedix and its affiliates shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by Users as a result of any disclosures made by Docmedix and its affiliates, where Users have consented to the making of such disclosures by Docmedix and its affiliates.
12. Docmedix and its affiliates assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Users’ equipment on account of the Users’ 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 Users are dissatisfied with the Website, the sole remedy of such User(s) is to discontinue using the Website.

Indemnification
1. You agree to protect, defend and indemnify Us and hold Us and Our affiliates, representatives, investors, employees, directors harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your access and use of the Website including but not limited to violation of these Terms of Use and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.
2. To the maximum extent permitted by applicable law(s), Docmedix and its affiliates, independent contractors, service providers, investors, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees, shall not be liable for any indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (a) the use of, or the inability to use, the Website or the Content, materials and functions related thereto; (b) User’s provision of information via the Website; even if such entity has been advised of the possibility of such damages.
3. The terms of this clause will survive any termination or cancellation of these Terms of Use or Your use of the Website.
Warranties
1. The Website and the functions and features therein are provided on an “as is” and on an “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. Docmedix shall make reasonable efforts to make available the Website and the functions and features at all times. However, We make no warranty that the Services shall meet your requirements, be uninterrupted, timely, secure, and/or error free.
3. Docmedix shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond the control of Docmedix including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
4. Any material downloaded or otherwise obtained through the Website is done at your own discretion and risk and You are solely responsible for any damage to your device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by You from Us through or from the service will create any warranty not expressly stated in these Terms of Use.
Disclaimer
1. You acknowledge and undertake that you are accessing the facilities, Services on the Website and transacting at your own risk and use and are using your best and prudent judgment before entering into any transactions through the Website.
2. Your Use of the Services is at Your sole risk. The Services are provided on an “As Is” And “As Available” Basis. Nothing on the Website should be taken to constitute medical advice or a formal recommendation and We exclude all Warranties relating to the Services.
3. We will neither be liable nor responsible for any actions or inactions of Healthcare Providers nor any breach of conditions, representations or warranties by the Healthcare Providers of the Services and hereby expressly disclaim and any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and Healthcare Providers of the Services. In this regard, Docmedix disclaims any representation and warranties for the security, reliability, quality, timeliness, and performance of the Services and third party products or services advertised on or received through any links or other sources provided on the Website.
4. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Services listed or displayed or transacted or the Content (including product or pricing information and/or specifications) on the Website.
5. We do not implicitly or explicitly support or endorse the sale or purchase of any Services/s on the Website. At no time shall any right, title or interest in the Services/s sold through or displayed on the Website vest with Docmedix nor shall Docmedix have any obligations or liabilities in respect of any transactions on the Website.
Payments
1. Registration on the Website and the access to the information provided on the Website is free. You agree to make all payments directly to Docmedix for purchase of Services. You agree and acknowledge that You shall not hold Docmedix and its affiliates responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of the Healthcare Providers or its representatives or delivery agents or for any actions/ omissions which are beyond the control of Docmedix and its affiliates.
2. In order to process the payments, Docmedix will integrate with trusted payment gateways/platforms.
3. The Healthcare Providers have the right to modify the price of the Services and accordingly, We will contact You for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify You of such cancellation. In the event that we accept Your order, the same shall be debited to Your credit card account.
Refund Policy. Our Policy for the return and refund shall be as follows:
1. We strive to provide you the facilities / products without any deficiency every time You place an order. We strongly recommend that you verify the facilities / product provided by Us and get back to us if there is any discrepancy.
2. If your order is eligible for a return, you can raise a return request within 48 hours from the time of delivery of facilities subject to review and verification by Docmedix.
3. To raise the return request, you can call our help desk at customer support numbers and email ids mentioned in the Website.
4. Items are eligible for return exclusively under the following circumstances:
  1. Products are delayed beyond 48 hours of the estimated date of delivery communicated to the customer at the time of placement of the order.
  2. Product(s) delivered do not match the order: This would include items that are different from what the customer ordered.
  3. Product(s) were delivered in damaged/non-working condition.
  4. Product(s) have missing parts or accessories or different from their description on the product page.
  5. Product(s) are returned in original packaging i.e. with labels, barcode, price tags, original serial no. etc.
  6. Batch number of the product(s) being returned matches with the one(s) mentioned in the invoice.
  7. Product(s)/medicines(s)/bottle(s) are unused. Opened medicine strip(s)/bottle(s) are not eligible for returns.
Refunds and timelines:
1. Refunds for all eligible returns or cancellations are issued through the payment method used at the time of purchase, except for cash payments made under the Pay on Delivery mode of payment.
2. Refunds may be processed within 15 working days from the receipt of a request from you.
3. The time frame for different payment modes is typically 5-7 business days post the return has been received and verified by Docmedix.
4. Refund timelines depend on bank turnaround times and RBI guidelines. This may change from time to time. Business days shall mean the working days on which Docmedix corporate office operates.
5. For orders placed using Pay on Delivery as the payment method, refunds can be processed to your bank account via National Electronic Funds Transfer (NEFT). There will be no cash refund.
6. To receive refunds in NEFT form, you will need to update the following information to enable us to process a refund to your account:
  1. The Bank Account Number
  2. IFSC Code
  3. Account Holder’s Name
  4. Cancellation and Refund Policy
Our Policy for the cancellation and refund shall be as follows:
1. Patients can cancel facilities / Services already booked and paid prior to 48 hours of the expected delivery of facilities / goods / Services. In such a case the customer can get full refund unless cancellation charges are deducted by the Healthcare Provider.
2. In case where the User, does not show up for the appointment booked with a Healthcare Provider, without cancelling the appointment beforehand, there will not be any refunds.
3. If you have any questions about our Cancellation and Refund Policy or your expected refunds, please contact us at our customer support numbers mentioned in the website.
Shipping Policy. The shipping of goods will be limited to Pharmacy products. The timelines of the shipping will be as per timelines mentioned during time of placing the order. The expected timelines will be 4 hours to 96 hours depending on the location of delivery.
Modification of Website.Docmedix reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. The Users agree that Docmedix will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.
SeverabilityIf 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.
Termination
1. Our Right: We reserve the right, without notice and in Our sole discretion, to terminate Your access to, and use of, of the Website and to block or prevent Your future access to, and use of, the Website. We will not be liable to You for the termination of the services or for any consequence arising out of termination of the services.
2. Your Right: You may terminate these Terms of Use by closing Your Account at any time. Upon closure of an Account, any pending transactions will be cancelled.
WaiverNo 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 Docmedix. Any consent by Docmedix to, or a waiver by Docmedix of any breach by Users, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Force Majeure.The User accept and acknowledge that Docmedix 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 delivery of Services by the Healthcare Providers or any other Person as a result of any act of god, natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of Docmedix or any third party advertisers), endemic, or pandemic, or any other delay or default or deficiency or failure failure which arises from causes beyond Docmedix’s reasonable control (the “Force Majeure Event”). In the event of any Force Majeure Event arising, Docmedix, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the User(s) of the facts which constitute the Force Majeure Event.
Governing Law and Dispute Resolution.The 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 User(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Bhubaneswar.
Contact Information.If any User(s) has any comment, question or suggestion regarding any of our Services, please contact our customer service at +91-8327753003. If any User(s) has any questions concerning Docmedix, the Website, these Terms of Use, or anything related to any of the foregoing, Docmedix can be reached at the following email address support@docmedix.care.