Medipta Terms and Condition

Please read these Terms Of Use carefully. Accepting these Terms of Use, You also accept and agree to be bound by Medipta’s policies, including its Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are applicable for the purposes of accessing, browsing or transacting on the Website.

1. Welcome to the domain name www.medipta.com, an internet based portal, and Medipta, a mobile application, is owned and operated by Medipta Solutions Pvt Ltd having its corporate office at office No. 9 2nd floor, Vasantika, Opp. Yena Bunglow, Paud Phata Pune- 411038(hereinafter, referred to as “Medipta” or “We” or “Our” or “Us” or “App” or “Company”). The domain name and the mobile application are collectively referred to as “Websiteand seller,chemist, service provider, Health Care Provider referred as Seller)

 Medipta, amongst other services, facilitates in finding and comparing prospective doctors and health care providers in identified locations ("Service") and this Service is provided only in good faith. The Services of Medipta are essentially provided to bridge the information gap between patients and doctors.

2. We reserve the right to modify or terminate any portion of the Websiteor the Services offered by the Company for any reason, without notice and without liability to you or any third party. To make sure you are aware of any changes, please review these Terms of Use periodically. By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify your agreement to be bound by the Terms of Use
Further, by impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by 1mg’s policies, including its Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are applicable for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of this Terms of Use.

3. The Website should not be used in cases of medical emergencies and Medipta does not, and should not be considered in any form to be a substitute for a doctor or a hospital.

4. While all care has been taken to ensure factual correctness of the data, the contents are for indicative information purposes only and we strongly advise you to consult qualified medical practitioners for authenticating the information.
WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

1. Eligibility For Registration:

1.1.You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Medipta that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and  the Services available through the Website, and agree to and abide by this Agreement.

1.2.The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website.

1.3.A registered id can only be utilized by the person whose details have been provided and Medipta does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of purchasing drugs or  consultation with health care providers or to use their products or services, on behalf of such persons.

1.4.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.

1.5. You will have to register on the Website and become a registered user ("Medipta User") prior to the completion of any transaction on the Website. To register onto the Website, a user will have to provide information such as

         i.            Name;

        ii.            User ID;

      iii.            Email address

      iv.            Address (including country and ZIP/ postal code);

        v.            Gender;

      vi.            Age;

     vii.            Phone number;

   viii.            Password chosen by the User;

      ix.            Other details as the User may volunteer.

1.6. You agree and acknowledge that You would (a) create only one account; (b) provide accurate, truthful, current and complete information when creating Your account and in all their dealings through the Website; (c) maintain and promptly update Your account information; (d) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (e) promptly notify Medipta if You discover or otherwise suspect any security breaches relating to the Website; and (f) take responsibility for all activities that occur under Your account and accept all risk of unauthorized access.

1.7.Registration is only a one time process and if the Medipta User has been previously registered, he/she shall login into his/her account using the same credentials as provided during the registration process.

1.8. We request you to please safeguard your password to your account and make sure that others do not have access to it. Your Medipta Account username and password are personal to you Medipta will not be liable for the activities associated with your account, is access by any of your friend, family member.

2. Security Policy

2.1.Medipta assumes no responsibility for any damages or viruses that may infect your computer andsmartphone or other property on account of your access to, use of, or browsing in this website.

2.2. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet.

2.3. 1) All communications happen over HTTPS only & over encrypted channels using SSL / TLS certificates.

2.3. 2) Sensitive Data  is encrypted with MD5

3. Privacy Policy:

3.1.Medipta has duly formulated a policy on how the Company collects, uses and discloses personally identifiable information from its users (“Privacy Policy”). The Privacy Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same.

4. USE OF THE SITE

4.1. Use by all Users (Registered, Non-Registered User and HCP)

4.1.1. You will use the Website / App and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.

4.1.2. You will not deliberately use the Website in any way that is unlawful or harms Medipta, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Website.

4.1.3. You understand that as part of Your registration process as well as in course of Your use of the Website, You may receive SMS messages from Medipta on Your registered mobile number. These messages will relate to Your registration, transactions that You carry out through the Website and any such information found suitable of Your attention by Medipta. Please note that Medipta will send these SMS messages only to the mobile number that You provide on the Website. It is Your responsibility to ensure that You provide the correct number for the transaction You wish to enter into. Further, Medipta may also send notifications and reminders to You with respect to appointments scheduled by You for the features that You may be using on the Website. You hereby consent to receive such messages from Medipta.

4.1.4. By using the website and/or registering yourself at Medipta you authorize us to contact you via email or phone call or sms and offer you services for the product you have opted for, imparting product knowledge, offer promotional offers running on website, for which reasons, personally identifiable information may be collected as detailed below. And Irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from the Medipta & associate partners for the above mentioned purposes.

4.2. Use by Registered User

4.2.1. You acknowledge that this Website is an informative platform only. Medipta and this Website are not in the business of providing healthcare service or hospital services.

4.2.2. We encourage You to independently verify any information you see on the Website including information provided by a HCP. You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.

4.2.3. The Website allows You to select and schedule appointments with HCPS. In doing so, Medipta can help providing You with lists and/or profile previews of HCPs who may be suitable to deliver the health care that You are seeking based on information that You provide to Medipta (such as area of specialty and geographical location).

4.2.4. Please note that Medipta (i) does not recommend or endorse any HCPs mentioned on the Website; and (ii) does not make any representations or warranties with respect to HCPs or the quality of the healthcare services they may provide, and (iii) does not grade physicians.

4.2.5. You will obtain all relevant consents and approvals prior to posting or providing any User Content.

4.2.6. You may schedule an appointment on the Website for Your family members and friends. However please note that such You will be solely responsible for any activity that is undertaken through his/her account on behalf of his/her family members and friends. 

4.2.7. You have the option of uploading Your identifiable health information including physical, physiological and mental health condition, and medical records and history on the Website which may be accessed by the HCP at the time of private interactions using the Website. 

4.3. Use by Non-Registered User

4.3.1. Medipta will provide You with lists and/or profile previews of HCPs based on information that You provide to the Website's search features (such as area of specialty and geographical location). Please note that Medipta (i) does not recommend or endorse any HCPs mentioned on the Website; and (ii) does not make any representations or warranties with respect to these HCPs or the quality of the healthcare services they may provide

5. CONDITIONS OF USE

5.1.The Users understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the drugs and other pharmaceutical products or services are offered by and agreed to between Users and Sellers and the contract for purchase of any of the drugs or other pharmaceutical products, or services, offered for sale on the Website by the Sellers shall strictly be a bipartite contract between the Seller and the User.

5.1.1. A Medipta User may wish to schedule an appointment through his/her account for his/her family members and friends. While a Medipta User will be able to do, please note that such Medipta User will be responsible for any activity that is undertaken through his/her account on behalf of his/her family members and friends. Medipta will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials.

5.1.2. Medipta values the privacy of information pertaining to its associates. We do not use or disclose information about your individual visits to our website or any information that you may give us, such as your name, address, email address or telephone number, to any outside sources.

5.1.3. Medipta reserves the right to refuse service to anyone at any time.

5.1.4. All information displayed, transmitted or carried on Medipta is protected by copyright and other intellectual property laws.

5.1.5. Your registration on the Website is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.

5.1.6. Your personal and non-commercial use of this Website shall be subjected to the following restrictions:

         i.            you may not modify any content of the Website

        ii.            you may not decompile, reverse engineer, or disassemble the content, or

      iii.            You may not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content. 

5.1.7. You will not: 

         i.            use the Service available on the Website for commercial purposes of any kind; or

        ii.            use the Website or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion.

5.1.8. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website or the Services.

5.1.9. All information, content and material contained in the Website or Services are the Company's intellectual property. All trademarks, services marks, trade names, and trade dress are proprietary to the Company. No information, content or material from the Website or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Company's express written permission.

5.2 Platform to facilitate transaction of business

5.2.1.The Users understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the drugs and services are offered by and agreed to between Users and Sellers and the contract for purchase of any of the drugs or other services, offered for sale on the Website by the Sellers shall strictly be a bipartite contract between the Seller and the User.

5.2.2.The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to the goods and services offered for sale by the Sellers, and after sales services related to such goods and services. Medipta does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between Users and Sellers.

5.3 Representation as to legal title

5.3.1.Medipta does not make any representation or warranty as to legal title of the goods and services offered for sale by the individual Sellers on the Website. At no time shall any right, title, claim or interest in the products sold through or displayed on the Website vest with Medipta nor shall Medipta have any obligations or liabilities in respect of any transactions on the website. The Users agree and acknowledge that the ownership of the inventory of such goods and services shall always vest with the Sellers, who are advertising or offering them for sale on the Website and are the ultimate sellers.

5.3.2.The Users agree and acknowledge that the Seller shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Seller does not have the sole and exclusive legal ownership over the goods and services that have been offered for sale on the Website by such Seller, or did not have the absolute right, title and authority to deal in and offer for sale such goods and services on the Website.

5.3.3.The users agree that Medipta does not provide or take responsibility to deliver drugs and other services to you. Medipta only share medicine request along with the prescription photo to the seller chosen by user itself. Medipta is not responsible for delivering drugs and other services ordered by user. Ordering drug and other services is sole responsibility of the user, and processing the request and delivery of the drugs and other services ordered is sole responsibility of the seller.

5.4 Possession and stocking

5.4.1.Medipta does not, at any point of time, take possession of, or stock any of the goods or services offered for sale by the Seller on the Website.

5.5 Non-Performance of Contact

The User accepts and acknowledges the following:

5.5.1.Medipta is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between the User and Seller for purchase and sale of goods or services offered by such Sellers on the Website;

5.5.2.Medipta cannot and does not guarantee that the concerned Seller will perform any transaction concluded on the Website;

5.5.3.Seller is solely responsible for ensuring that the goods or services offered for sale on the Website are kept in stock for successful fulfilment of orders received. Consequently, Medipta is not responsible if the Seller does not satisfy the contract for sale of goods or services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by the User;

5.5.4.Medipta shall not and is not required to mediate or resolve any dispute or disagreement between Users and Sellers. In particular, Medipta does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website;

5.5.5.Medipta may, at its sole discretion, suspend User’s ability to use or access the Website at any time while Medipta investigates any complaints or alleged violation of the Terms of Use or for any other reason. In the event, Users find any wrong information on the Website in relation to such User, they can correct it themselves or contact Medipta immediately for such corrections. Medipta shall have no liability or responsibility in this regard.

5.6 Exhibition of drugs and publication of Content/ Information on the Website

5.6.1.The Users agree and acknowledge that the respective Sellers OR HCP are exhibiting their catalogue of drugs, products or services, and information in relation to such drugs, products or services, on the Website.

5.6.2.The contents provided on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for information purposes only and does not constitute either an advertisement/ promotion of any drug or services being offered for sale by the Sellers on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.

5.6.3. The Users acknowledge and agree that such Sellers shall be solely responsible for ensuring that such third party generated information made available regarding the goods offered for sale on the Website, are not misleading and describe the actual condition of the product. In this connection, it is solely the responsibility of the concerned Seller to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such goods or services so as to mislead the Users in any manner. The Users acknowledge and understand that Medipta provides no warranty or representation with respect to the authenticity/ veracity of the information provided in the Website and the Users must run their own independent check. The Users agree and acknowledge that Medipta has not played any role in the ascertainment of the actual impact/ effect of any drug or services being offered for sale by the Sellers on the Website. The Users agree and acknowledge that it shall not hold Medipta responsible or liable for any damages arising out of such reliance on third party user generated content by the User.

5.7 Consulting a Registered Medical Practitioner

5.7.1.The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind.

5.7.2.You must always consult a Registered Medical Practitioner with any questions or concerns you may have regarding the suitability of any drug offered for sale by the Sellers on the Website, in light of your individual needs and medical conditions. Reliance on any information appearing on the Website, whether provided by Medipta, its content providers, visitors to the Website or others, is solely at Your own risk, and Medipta shall not bear any liability for any loss/ injury that may arise due to Your reliance on any information published on the Website. You further acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by You on any information published on the Website, the Sellers from whom said content is obtained and made available on the Website shall be solely responsible for any claim/ damage/ liability arising as a result of any reliance being placed by the User on said content, and Medipta shall have no liability in relation to the same.

5.7.3.Users must never avoid or cause any delay in obtaining medical advice from a Registered Medical Practitioner or disregard any such medical advice duly obtained, because of any information provided on the Website. If you have or suspect that you have a medical problem or condition, please contact a Registered Medical Practitioner immediately.

5.8 Prescription Drugs (read and confirm point)

5.8.1.The Website is a platform that can be used by the Users to purchase various drugs  [including drugs which cannot be sold without a valid prescription duly issued by a Registered Medical Practitioner (“Prescription Drugs”)], offered for sale on the Website by Sellers. In order to purchase Prescription Drugs from Sellers through the Website, the Users are required to upload a scanned copy or photo of the prescription on the Website. The order would not be internally processed and forwarded to the concerned Sellers by Medipta until it receives a copy of a valid prescription. The Users are also required to make the prescription available at the time of receipt of delivery of Prescription Drugs.

5.8.2.Medipta shall maintain a record of all the prescriptions uploaded by the User which can be accessed by such User at any time in his account section and, subject to applicable laws, may also be used to re-order the prescribed medicines.

5.9 Substitution of Prescribed Drugs

5.9.1.The Users acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the Registered Medical Practitioner has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the prescribed drug or if the prescription solely lists the salt names instead of a specific brand name.

5.9.2. The User further acknowledges and accepts that, in the absence of the above, the concerned pharmacist would only dispense a substitute drug in place of the prescribed drugs after obtaining suitable permission from the prescribing Registered Medical Practitioner.

5.10 Invitation to offer for sale

5.10.1.Notwithstanding anything else contained in any other part of Terms of Use, the listing of drugs and other pharmaceutical products on the Website by the Sellers is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by User shall constitute an offer by such User to enter into an agreement with the Seller (“Offer”). Post the Offer, Medipta shall send an email to the User with the information on the Offer along with the details of the concerned Seller(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the pharmacist after the validation/ verification of the prescription by such pharmacist (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant pharmacy (in the case of Prescription as well as other drugs/ pharmaceutical products), by way of notification to be sent to the User.

5.10.2.For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/ offered for sale by the Seller’, as appearing in the Terms of Use, shall be construed solely as an ‘invitation to offer for sale’ by any such Seller.

5.11 Transfer of Property and Completion of Sale

5.11.1.Upon acceptance of the Offer by the concerned Seller (being the pharmacist), the drugs or services would be dispensed at the pharmacy, in accordance with the terms of the order placed by the User. Such dispensation shall also take place under the direct/ personal supervision of the Pharmacist, wherever required under the applicable law.

5.11.2.The User acknowledges and agrees that the property in the drugs/ pharmaceutical products or services ordered by the User shall stand immediately transferred to the User upon the dispensation of drugs (in accordance with Clause Exhibition of drugs and publication of Content/ Information on the Website) and the raising of the invoice at the concerned pharmacy. Accordingly, the sale of drugs/ pharmaceutical products is concluded at the concerned pharmacy itself.

5.11.3.The invoice in relation to the drugs/ pharmaceutical products, and services that are required to be delivered to the User shall be issued by the concerned Seller (being the pharmacy) who is to process and satisfy the order for such drugs/ pharmaceutical products, and services.

5.12 Delivery of Drugs

5.12.1. User authorizes the transporter/ courier/ delivery personnel to be his agent for delivery of the drug or product from the concerned pharmacy to the address notified by the User. The goods shall be delivered by agent/ transporter/ courier/ delivery personnel, authorized by the user for the delivery of the goods from the concerned pharmacy to the address notified by the User, with no control over the goods and no additional obligation apart from standard delivery obligations and duty of care. Medipta is not responsible for this transaction between the user and pharmacy owner and the services provided by him for sale or delivery of drug, products or services.

5.12.2. The User further accepts and acknowledges that Medipta does not engage in the distribution of the concerned drugs or other pharmaceutical products, and may only connect user to third party transporter/ courier delivery personnel for the purposes of delivery of drugs or pharmaceutical products from the concerned pharmacy to the address notified by the User.

5.13 Compliance of Applicable Law

5.13.1.While communicating/ transacting with Sellers through the Website, the Users shall at all times ensure full compliance with the applicable provisions of the Drugs Act read with the Drugs Rules, as well as all other laws for the time being in force, and ensure due payment of applicable taxes. They must specifically ensure that they are in no way purchasing drugs or pharmaceutical products or services or Prescription Drugs without a valid prescription, which are prohibited under the Drugs Act (read with the Drugs Rules) as well as the other applicable laws for the time being in force.

5.13.2.The Users must also ensure that the prescription uploaded on the Website for processing the order for Prescription Drugs is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Sellers or to Medipta, as a result of any dispensation of Prescription Drugs by the Seller owing to the non-compliance by the User in this regard.

6. PAYMENT, FEES AND TAXES

6.1.Registration on the Website and the access to the information provided on the Website is free. Medipta does not charge any fee for accessing, browsing the Website. The User agrees to make all payments directly to the respective Seller for purchase of goods and services from such Seller. The Sellers may choose to either personally collect such payment from the Users or may use the services of collection agents duly appointed in this regard. The Users agree and acknowledge that it shall not hold Medipta responsible for any loss or damage caused to the User during the process, due to any acts or omission on the part of third parties viz. the Seller or the collection agents or for any actions/ omissions which are beyond the control of Medipta.

6.2. The User agrees to pay all subscription fees, consulting fees and other fees applicable to User’s use of Services and the User shall not circumvent the fee structure. The fee vary every time for purchase of  product and services, doctors consultation fees, diagnostics/ pathology  test fees, etc .The subscription fee is non-refundable.

6.3.  Each User / member is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. Medipta is in no way responsible for any of the taxes except for its own income tax.

7. INTERACTION ON THE WEBSITE

7.1.You understand and agree that any interactions and associated issues with the doctors or Labs or any other HCP on the Website or on including but not limited to the medical outcomes and service issues, is strictly between you and the doctors orlabs or any other HCP. You shall not hold Medipta responsible for any such interactions and associated issues.

7.2.Medipta is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the doctor or labs or other HCP you interact with. If you decide to engage with a doctor to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for doctors, or provision of access to any healthcare professional or doctor on the basis of your specific request should not be construed as endorsement by this Website of any such particular doctor.

7.3.Medipta shall not be responsible for any breach of service or service deficiency by any doctor or health care provider. We cannot assure that all transactions will be completed nor do we guarantee the ability or intent of doctors or other health care providers to fulfil their obligations in any transaction. We advise you to perform your own investigation prior to selecting a doctor or a health care provider. 

8. Third Party Services:

THIRD-PARTY PROVIDERS AND PAYORS:

8.1. The website provides users with access to electronic schedules of the available appointments of doctors, hospitals and other third-party healthcare providers ("Third-Party Providers"). Additionally, the websiteprovides users with the ability to exchange certain registration information with Third-Party Providers. Medipta provides marketing services on behalf of Third-Party Providers to patients or prospective patients (including users of the Applications) such as electronic directory services. Medipta also provides Third-Party Providers with the opportunity to create their own associates, Profile or advertising banners. Medipta may charge Third-Party Providers a fee for the services and opportunities described in this section.

8.2.Medipta allows you to submit and store the name of your insurance or benefit plan, but, except as provided below, Medipta does not provide any information regarding coverage available, healthcare costs, or doctors and hospitals participating in your plan. You should contact your insurance carrier or plan administrator ("Payors") for this information. Payors are third parties, although certain third-party Payors may be affiliated with Medipta. In some cases, a Payor may contract with Medipta to provide such Payor's members with information regarding coverage available, healthcare costs, doctors and hospitals participating in the plan, and other content and services ("Healthplan Services"). If your Payor has contracted with Medipta to make Healthplan Services available to you, you may be able to log in using your insurance or benefit plan member identification number, and access content and services related to your insurance or benefit plan. Although Medipta reserves the right (but does not have the obligation) to monitor the Healthplan Services (including but not limited to the content and services made available therein, such as network information, coverage and claim information and cost information),Medipta does not control the Healthplan Services, and assumes no responsibility or liability of any kind for any inaccuracies (including inaccuracies regarding network participation, plan benefits, coverage, features or claim status) contained therein, or for any messaging, reference materials or other content or services made available therein.

8.3.Mediptais not responsible for, and shall have no liability in connection with, any transactions or disputes between you and Third-Party Providers or Payors. If you have a dispute with a Third-Party Provider or Payor, you agree to release us (and our employees and agents) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including actual, consequential and punitive damages), arising out of or in any way connected with the use of the Applications or such disputes.

9. Information Uploaded by You on the Website:

9.1. You understand that you may have the option of uploading your health/medical information on the Website in order to enable your doctor access your previous medical history. While Medipta takes utmost care with respect to the security of the information you decide to upload, you understand that any information that you disclose on the Website is at your own risk. By uploading / sharing / disclosing your medical information on the Website, you hereby give your consent to Medipta to store such health / medical information on Medipta’s servers.

9.2.Medipta will retain such medical / health information you upload on the Websitefor as long as it is needed to fulfill the service you seek to avail on the Website. If you delete your account, Medipta will delete such medical / health information. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements. 

10. SMS Messages Received From the Website:

10.1. You understand that once you register as a Medipta User on the Website, you will receive SMS messages from Medipta on your registered mobile number. These messages could relate to your registration, transactions that you carry out through the Websiteand promotions that are undertaken byMedipta. Please note that Mediptawill 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.

10.2. Further, Mediptamay also sendnotifications 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 Mediptaendeavours to provide these notifications and reminders to you promptly, Mediptadoes 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. 

11. Clinical Support Information

11.1. 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 Websiteare 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/appby third parties are beyond our control.

11.2.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 Medipta 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 health care or health-related products, items or services, and the appearance of materials on the Websiterelating 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. 

12.Selecting your Doctor or Health Care Provider on the Website

12.1. TheWebsiteallows you to select and schedule appointments with doctors and health care providers registered with the Websiteand to whom certain specific terms and conditions apply.

12.2.You are ultimately responsible for choosing your own doctor or health care provider and Medipta shall not be held responsible or liable for the selection of such doctor or health care provider;

12.3.Medipta 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 Medipta (such as area of specialty and geographical location). For certain specific Services, Medipta may chose a doctor or health care provider on your behalf based on the nature of services you request and on the doctor or health care professional available to provide you with the clinical services for the same.

12.4. Please note that Medipta(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. Mediptashall 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. 

12.5. Information regarding doctors and health care providers and practice information found on the Websiteis intended for general reference purposes only. Such information found on the Websiteis 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 WebsitenorMedipta provides any advice or qualification certification about any particular doctor or health care provider. You are encouraged to independently verify any such information you see on the Websitewith respect to a doctor or health care provider that you seek to make an appointment with. 

12.6. Your relationship with company is on a principal to principal basis and by accepting these Terms of Use you agree that company is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed/ offered on company's Website. Company does not guarantee the identity of any Vendor nor does it ensure that a User or a Vendor will complete a transaction.

13.No Medical Advice Provided

13.1. Please note that we do not recommend or endorse any doctors, dentists, health care providers, procedures, opinions, or other Information that may appear on the Website. If you rely on any of the Information provided by the Site, you do so solely at your own risk. The Information that you obtain or receive from Medipta, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only.

13.2. All medically related information comes from independent health care professionals and organizations which are registered with Medipta and to whom certain specific terms and conditions apply.

14.Termination

14.1The Company reserves the right, in the event you breach these Terms of Use stipulated herein, to suspend and / or terminate your access to the Websitewith or without notice to you. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access to the Website. Upon suspension or termination, your right to procure the Services on the Websiteshall immediately cease and the Company reserves the right to remove or delete your information that is available with the Company, including but not limited to login and account information. 

15.Limitation of Liability

15.1. You expressly understand that under no circumstances, including, but not limited to, negligence, shall the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, remote or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to: 

         i.            the use or the inability to use the Website or Services; or

        ii.            the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Websiteor Services; or

      iii.            unauthorized access to or alteration of your transmissions or data; or

      iv.            any other matter relating to the Website or services.

 

16.DISCLAIMER

16.1 Your specifically understand and agree that you use Medipta and related services at your own risk. All the services are provided subject to their availability. Medipta or an employee or any representative, state no warranty or guarantee that any or all third party/services will be uninterrupted, timely, and secure or virus free. You agree to download any material obtained at your own discretion and risk. You shall be solely responsible for any damage (hardware or software) to your computer system, mobile phone, any wireless device or an electronic item caused by the download of any such material. Medipta does not recommend, support or advice any service, it your own discretion and judgement to avail any of the services available on our website. 

Privacy Policy

A.What personal information is collected from you through the Website?

1. Information collection and use.

Medipta is the sole owner of the information collected on the Website. We will not sell, share, transfer or rent any personal information to others in ways different from what is disclosed in this Privacy Policy, the Terms & Conditions and the Terms of Use. Medipta collects information from you on the "Sign Up" and "Registration" pages ("Profile Pages") of the Website. Medipta reserves the rights to collect, disseminate, sell or otherwise disclose non-personal information provided by you.

2 .Registration.

During the collection of information on the Profile Pages on the Website, you are required to provide your applicable contact information. As part of the registration process, Medipta may collect the following personal information from the Users:

         i.            Name

        ii.            User ID;

      iii.            Email address

      iv.            Address (including country and ZIP/ postal code);

        v.            Gender;

      vi.            Age;

     vii.            Phone number;

   viii.            Password chosen by the User;

      ix.            Other details as the User may volunteer.

A mobile verification code and registration number is used to confirm your identity. An email address is also used to contact you about the materials and information on the Website. When the Websiterequest for the confirmation of your identity, the Websitewill clearly indicate the purpose of the inquiry before such information is requested. In the case of professional information, professional information provided by you to us will be authenticated against a third party provider. Professional information shall include but not limited to physician license number, details regarding qualifications and specialties and the like.

B. How the information collected is used

1. Medipta does not collect personal health information about individuals, except when individuals consent to share such personal health information on the Websiteto doctors and health care providers. You understand that you may have the option of uploading your health / medical information on the Websitein order to enable your doctor or health care provider access your previous medical history. While Medipta takes utmost care with respect to the security of the information you decide to upload, you understand that any information that you disclose on the Websiteis at your own risk. By uploading / sharing / disclosing your medical information on the Website, you hereby give your consent to Medipta to store such health / medical information on Medipta's servers. Medipta will retain such medical / health information you upload on the Website/appfor as long as it is needed to fulfill the service you seek to avail on the Website/app. If you delete your account, Medipta will delete such medical / health information. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.

C. How information may be Shared and Disclosed

1. CONSENT

1.1. By clicking on the "I accept' button at the end of page containing the Terms of Useor by providing us Your Personal Information or by making use of the features provided by the Website, You hereby consent to the collection, storage, processing, disclosure and transfer of Your Information in accordance with the provisions of this Privacy Policy.

1.2. You acknowledge that You are providing Your Personal Information out of Your freewill.

1.3. You have the option not to provide us the Personal Information sought to be collected. You will also have an option to withdraw Your consent at any point, provided such withdrawal of consent is intimated to us in writing at contact@Medipta.com.If You do not provide us Your Personal Information or if You withdraw the consent at any point in time, We shall have the option not to fulfill the purposes for which the said PersonalInformation was sought and we may restrict You from using theWebsite

2. CHANGES TO THE PRIVACYPOLICY.

2.1. We may update this Privacy Policy from time to time.

3. WHAT PERSONAL INFORMATIONIS COLLECTED FROM YOU?

3.1. The kinds of information that We collect about You include Personal Information and Non-Personal Information. Personal Information and Non-Personal Information are collectively referred to as "Information"

3.2. Personal Information is data collected that can be used to uniquely identify or contact You. Personal Information for the purposes of this Privacy Policy shall include, but not be limited to:(i) Name,(ii) Age / Birth date,(iii) Email address and contact number,(iv) Gender(v) details ,(vi) medical records and history(vii) Login ID and password.

3.3. We may also collect information other than Personal Information from You through the Website when You visit and /or use the Website. Such information may be stored in server logs. Such Non-Personal Information would not assist us to identify You personally. Such Non-Personal Information may include(i) Your usage details such as time, frequency, duration and pattern of use, features used and the amount of storage used,(ii) Master and transaction data and other data stored in Your user account,(iii) Internet Protocol address, browser type, browser language, referring URL, files accessed, errors generated, time zone, operating system and other visitor details collected in Our log files,

4. HOW WE COLLECT INFORMATION?

 The methods by which We collect Your Information include but are not limited to the following:

(i) When You register on Our Website,

(ii) When You create a profile on Our Website or as part of Services

(iii) When You provide Your Information to us,

(iv) When You use the features on Our Website and/or when You use Services,

(v) When You access Website or Services,

(vi) By use of cookies(discussed below).

 

5. HOW THE INFORMATIONCOLLECTED IS USED?

 We collect Your Information for various purposes, including the following

(i) In order to enable You to use the Website and utilize the Services. For instance, You may provide Your health related information on the Website in order to consult privately with an HCP, or You may provide Your financial information in order to process a payment which You need to make on the Website.

(ii) to respond to Your inquiries;                                                 

(iii) to provide You with information about products and services available on the Website;

(iv) to personalize Your experience on the Website;

(v) to help You address Your problems incurred on the Website including addressing any technical problems;

(vi) for proper administering of the Website;

(vii) to conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);

(viii) to improve the services, content and advertising on the Website;

(ix) to protect the integrity of the Website; and(x) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law.

(xi) to conduct analytical studies on various aspects including user behaviour, user preferences etc

(xii) to make disclosures as may be required under applicable law.(above uses collectively referred to as "Purpose(s)")

 

6. Sharing.

6.1Medipta may share aggregated demographic information with Medipta's partners. This is not linked to any personal information that can identify any individual person. Medipta shall not be liable for the transfer of any personal information resulting from loss or distribution of data, the delineation or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, sabotage, terrorism or any other event beyond Medipta's control.

7. Consulting.

7.1Medipta may partner with third parties to provide specific services. When you sign up for these third party services, Medipta will share names, or other contact information that is necessary for the third party to provide these services. According to Medipta's contractual arrangements with parties, these parties are not allowed to use personal information except for the explicit purpose of providing these services.

8.Spam
Medipta maintains a strict "No-Spam" policy, which means that Medipta does not intend to sell, rent or otherwise give your e-mail address to a third party without your consent.

9. Legal Requests.
Medipta takes your right to privacy very seriously and has taken measures to safeguard and respect your personal information. Medipta will only disclose your personal information in the event it is required to do so by law, rules, regulations, law enforcement, governmental official, legal authority or similar requirements.

D. How we Protect your Information

1 Confidentiality and Security.

1.1 Medipta takes all necessary precautions to protect your personal information both online and off-line. No administrator at Medipta will have knowledge of your password.
a) All communications happen over HTTPS only & over encrypted channels using SSL / TLS  certificates.
b) Sensitive Data  is encrypted with MD5 algorithm.

It is important for you to protect against unauthorized access to your password and to your computer. Be sure to log off from the Website when you are using a shared computer. Medipta also protects your personal information off-line. Access to your personal information is limited to employees, agents or partners and third parties with whom we are working who Medipta reasonably believes will need that information to provide services to you. However, Medipta is not responsible for the confidentiality, security or distribution of your own personal information by our partners and third parties outside the scope of our agreement with such partners and third parties.

2.Links.
2.1 The Website may contain links to other third party sites. The third party sites are not necessarily under the control of Medipta. Please note that Medipta is not responsible for the privacy practices of such third party sites. Medipta encourages you to be aware when you leave the Website and to read the privacy policies of each and every third party site that collects personal information. If you decide to access any of the third-party sites linked to the Website, you do this entirely at your own risk. Any links to any partner of the Website/apps is the responsibility of the linking party, and Medipta shall not be responsible for notification of any change in name or location of any information on the Website.

E. Correcting Inaccuracies

1. Correction/Updating Personal Information.

1.1 If your personal information changes, or if you no longer desire to use the Website, you can update your profile on the profile pages of the Website. Medipta will endeavour to correct, update or remove your personal data provided to Medipta.

2. Notification of Changes.

2.1 We may update this Privacy Policy at any time, with or without advance notice to you. In the event there are significant changes in the way we treat your personal information, or in the Privacy Policy, we will display a notice on the Website, so that you may review the changed terms prior to continuing to use the Website. As always, if you object to any of the changes to our terms, and you no longer wish to use the Website, you may contact us to deactivate your account. Unless stated otherwise, our current Privacy Policy applies to all information that Medipta has about you and your account. Using the services on the Website or accessing the Website after a notice of change will be published on our Website shall constitute your consent to the changed terms.