Medyaan Healthcare Private Limited, is the author and publisher of the internet resource www.medyaan.com and the mobile application ‘Medyaan’ (together, “Website”). Medyaan owns and operates the services provided through the Website.
Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.medyaan.com/privacy-policy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by medyaan. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Medyaan 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 -
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 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”).This Agreement applies to those services made available by Medyaan on the Website, which are offered free of charge to the Users (“Services”), including the following:
For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, speciality, and geographical area, or any other criteria that may be developed and made available by Medyaan, and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of Medyaan, 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 contact@medyaan.com
By downloading or 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 rights 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. The user of the website is requested to follow the modified policy of the agreement and bound by the modified agreement and its terms.
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 Medyaan
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
The user 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 Medyaan 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.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
3.1.2 Medyaan through its services, collect information relating to the devices through which you access the website, and anonymous data of your usage. The collected information will be used only for improving the quality of Medyaan’s services and to build new services.
3.1.3 The website allows Medyaan to have access to registered users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the practitioners and their practice.
3.1.4 The Privacy Policy sets out, inter-alia:
3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he/ she has the knowledge of:
3.1.6 Medyaan shall not be responsible in any manner for the authenticity of the personal information, sensitive personal data, information supplied by the User to Medyaan or to any other person acting on behalf of Medyaan.
3.1.7 The registered user from the website is responsible for maintaining the confidentiality of the user’s account access information and password. The user shall be responsible for all usage of his/her account and password, whether or not authorized by the user. The user shall immediately notify Medyaan of any actual or suspected unauthorized use of the User’s account or password. Although Medyaan will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Medyaan or such other parties as the case may be, due to any unauthorized use of your account.
3.1.8 If a user provides any information that is untrue, inaccurate, not current or incomplete(or becomes untrue, inaccurate, not current or incomplete), or Medyaan has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Medyaan has the right to discontinue the Services to the User at its sole discretion.
3.1.9 Medyaan may use such information collected from the Users from time to time for the purposes of debugging customer support related issues
3.1.10 Against every Practitioner listed in Medyaan, you may see a ‘show number’ option. The user can use this option, to call the number through a free telephony service provided by Medyaan, and the information of such calls are recorded and stored in Medyaan’s servers. Such call will have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by Medyaan for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by Medyaan should be used only for appointment and booking purposes, and not for consultation on health-related issues. Medyaan accepts no liability if the call facility is not used in accordance with the foregoing. Medyaan may also choose to not use this facility and show the practitioner's direct number. In case you choose to not provide your consent to recording your calls that may have personal information required for appointment and booking purposes, Medyaan reserves the right to not provide the Services for which such personal information is sought.
Medyaan’s 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 Medyaan. Medyaan 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. Medyaan in no event will be held responsible for the accuracy and the relevancy of the listing order of the practitioners on the website.
3.3.1 Medyaan 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. Medyaan takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Medyaan 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
3.3.2 The Services provided by Medyaan 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). Medyaan does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Medyaan 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, Medyaan 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 Medyaan or any User in relation to any User or services provided by such User.
3.3.3 The Website may be linked to the website of third parties, affiliates, and business partners. Medyaan 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 Medyaan endorses the linked site. User may use the links and these services at User’s own risk.
3.3.4 Medyaan 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.
3.3.5 The information published under the head of "Industry wide city-wise Pricing Graph" is derived from a benchmarking group that is determined to be relevant by Medyaan in the relevant city. Medyaan has published this information for guidance purpose and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. Medyaan is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.
Medyaan 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.
3.4.1 Medyaan will ensure Users are provided confirmed appointment on the Book facility. However, Medyaan 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 Medyaan Guarantee Program, in which case the terms of this program shall apply.
3.4.2 If a User has utilized the telephonic services, Medyaan 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
3.4.3 The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Medyaan of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
3.4.4 Without prejudice to the generality of the above, Medyaan 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 Medyaan will not be liable for:
3.4.5 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, Medyaan 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.
3.4.6 Cancellation and Refund Policy:
3.4.7 In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the concerned practitioner’s clinic:
3.5.1Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Medyaan and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from Medyaan, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
3.5.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
view Consult terms & conditions
These terms & conditions governing Medyaan Health feed are applicable to Users (being both end-users/ Practitioner). However, it is clarified that the terms and conditions herein applicable only to Practitioners and applicable to Users are called out separately, as the context warrants.
3.7.1 Medyaan Health feed is an online content platform available on the Website, wherein Practitioners who have created a Medyaan profile can login and post health and wellness related content.
3.7.2 Practitioners can use Medyaan Health feed by logging in from their health account, creating original content comprising text, audio, video, images, data or any combination of the same (“Content”), and uploading said Content to Medyaan’s servers. Medyaan will make available to the User a gallery of images licensed by Medyaan from a third party stock image provider (“Medyaan Gallery”). The User can upload their own images or choose an image from the Medyaan Gallery. Medyaan does not provide any warranty as to the ownership of the intellectual property in the Medyaan Gallery and the User acknowledges that the User will use the images from the Medyaan Gallery at their own risk. Medyaan shall post such Content to Medyaan Health feed at its own option and subject to these Terms and Conditions. The Content uploaded via Medyaan Health feed does not constitute medical advice and may not be construed as such by any person
3.7.3 Practitioners acknowledge that they are the original authors and creators of any Content uploaded by them via Medyaan Health feed and that no Content uploaded by them would constitute an infringement of the intellectual property rights of any other person. Medyaan reserves the right to remove any Content which it may determine at its discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright, or other proprietary rights. Practitioner agrees to absolve Medyaan from and indemnify Medyaan against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Practitioner’s uploading of any Content on the Medyaan Health feed. The Practitioner may not use the images in the Medyaan Gallery for any purpose other than those directly related to the creation and uploading of Content to Medyaan Health feed. The Practitioner also agrees to absolve Medyaan from and indemnify Medyaan against all claims that may arise as a result of any third party intellectual property claim if the Practitioner downloads, copies, or otherwise utilizes an image from the Medyaan Gallery for his/her personal or commercial gain.
3.7.4 Practitioner hereby assigns to Medyaan, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via Medyaan Health feed.
3.7.5 Medyaan shall have the right to edit or remove the Content and any comments in such manner as it may deem Medyaan Health feed at any time.
3.7.6 Practitioner shall ensure that the Content or any further responses to the Content (including responses to Users) is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic or libelous in any manner. Further, Practitioner should ensure that the Content is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Medyaan reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time. Also, the Practitioner agrees to absolve Medyaan from and indemnify Medyaan against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the Practitioner on Medyaan Health Feed.
3.7.7 Practitioner shall ensure that no portion of the Content is violative of any law for the time being in force.
3.7.8 Practitioner shall ensure that the Content is not threatening the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Practitioner shall ensure that the Content will not cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting to any other nation.
3.7.9 User may also use Medyaan Health feed in order to view original content created by Practitioners and to create and upload comments on such Content, where allowed (“User Comment”).
3.7.10 User should acknowledge that the User Comment reflects the views and opinions of the authors and do not necessarily reflect the views of Medyaan.
3.7.11 User agrees that the Content they access on Medyaan Health feed does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the User. The User agrees to absolve Medyaan from and indemnify Medyaan against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Medyaan Health feed
3.7.12 User acknowledges that all intellectual property rights in the User Comment on Medyaan Health feed endows with Medyaan. The User agrees not to infringe upon Medyaan’s intellectual property by copying or plagiarizing content on Medyaan Health feed. Medyaan reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. Also, User Comment will be the sole intellectual property of Medyaan. The User agrees not to post User Comment that would violate the intellectual property of any third party, including but not limited to patent, trademark, copyright or other proprietary rights. Medyaan reserves the right to remove any User Comment which it may determine at its own discretion as violating the intellectual property rights of any third party. The User agrees to absolve Medyaan from and indemnify Medyaan against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User Comment.
3.7.13 User shall ensure that the their Comment is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic or libelous in any manner. Further, User should ensure that the User Comment is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Medyaan reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time Also, the User agrees to absolve Medyaan from and indemnify Medyaan against all claims that may arise as a result of any legal claim arising from the nature of the User Comment.
3.7.14 User shall ensure that the User Comment is not threatening the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Practitioner shall ensure that the User Comment will not cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting to any other nation.
3.8.1 The contents listed on the Website are (i) User generated content, or (ii) belong to Medyaan. The information that is collected by Medyaan directly or indirectly from the End- Users and the Practitioners shall belong to Medyaan.If anyone copying the copyrighted content published in Medyaan website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Medyaan reserves its rights under applicable law accordingly.
3.8.2 Medyaan authorizes the user to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the website (collectively, "Medyaan Content"), are the property of Medyaan and are protected under copyright, trademark and other laws. User shall not modify the Medyaan Content or reproduce, display, publicly perform, distribute, or otherwise use the Medyaan Content in any way for any public or commercial purpose or for personal gain.
3.8.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.9.1 By using this Website, you agree that any information
shared by you with Medyaan or with any Practitioner will be
subject to our Privacy Policy.
You are solely responsible for the content that you choose to
submit for publication on the Website, including any feedback,
ratings, or reviews (“Critical Content”) relating to Practitioners
or other healthcare professionals. The role of Medyaan in
publishing Critical Content is restricted to that of an
‘intermediary’ under the Information Technology Act, 2000. Medyaan
disclaims all responsibility with respect to the content of
Critical Content, and its role with respect to such content is
restricted to its obligations as an ‘intermediary’ under the said
Act. Medyaan shall not be liable to pay any consideration to any
User for re-publishing any content across any of its platforms.
Your publication of reviews and feedback on the Website is
governed by Clause 5 of these Terms. Without prejudice to the
detailed terms stated in Clause 5, you hereby agree not to post or
publish any content on the Website that (a) infringes any
third-party intellectual property or publicity or privacy rights,
or (b) violates any applicable law or regulation, including but
not limited to the IG Rules and SPI Rules. Medyaan, at its sole
discretion, may choose not to publish your reviews and feedback,
if so required by applicable law, and in accordance with Clause 5
of these Terms. You agree that Medyaan may contact you through
telephone, email, SMS, or any other electronic means of
communication for the purpose of:
Medyaan will provide the End-User's clinical data as a form of
records on their mobile Medyaan application. The information in
the record is of two types:
User-created: Information uploaded by you or information
generated during your interaction with Medyaan ecosystem, eg:
appointment, medicine order placed by you.
Practice-created: Health Records generated by your
interaction with a Practitioner who uses Services of Medyaan
software.
The specific terms relating to such Health Account are as below,
without prejudice to the rest of these Terms and the Privacy
Policy:
3.10.1 Your Records is only created after you have signed up and explicitly accepted these Terms.
3.10.2 Any Practice created Health Record is provided on an as-is basis at the sole intent, risk, and responsibility of the Practitioner and Medyaan does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
3.10.3The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Medyaan is not liable for any interruption that may be caused to your access of the Services
3.10.4 The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by Medyaan, you should refer to your prescription before taking any medicines. Medyaan is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Medyaan app
3.10.5 The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by Medyaan, you should refer to your prescription before taking any medicines. Medyaan is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Medyaan app
3.10.6 Medyaan uses industry–level security and encryption to your Health Records. However, Medyaan does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Medyaan of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to contact@medyaan.com.
3.10.7 If the user accesses their dependents health record through dependents of their own record. In such case the user will be responsible for the dependent health record and all of their obligations of the dependents have to maintained as individual records by the user. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Medyaan assumes no res ponsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Medyaan and its officers against any such claim or liability arising out of unauthorized use of such information.
3.10.8 In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
3.10.9 You may lose your “User created” record, if the data is not synced with the server.
3.10.10 If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
3.10.11 Medyaan is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts
3.10.12 The Health Records will be shared with the phone numbers that was provided by your Practitioner. If the practitioner provides with the incorrect number Medyaan will not be responsible for the incorrect number provided by the practitioner.
3.10.13 Medyaan is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
3.10.14 Medyaan has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
3.10.15 Medyaan will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason
3.10.16 You agree and acknowledge that Medyaan may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
3.10.17 You acknowledge that the Practitioners you are visiting may engage Medyaan's software or third party software for the purposes of the functioning of the Practitioner’s business and Medyaan's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws.
3.10.18 To the extent that your Records have been shared with Medyaan or stored on any of the Medyaan products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Medyaan pertaining to such previously visited clinics and hospitals who have tie ups with Medyaan for the purposes of their business and for Medyaan's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Medyaan, to the mapping of such Records as may be available in Medyaan’s database to your User account.
For detailed terms and conditions regarding medicine information click here (contact@medyaan.com).
3.12.1 Terms for Practitioners:
3.12.2 Terms for User/Querist:
For detailed terms and conditions regarding diagnostics click here contact@medyaan.com.
The terms in this Clause 4 are applicable only to Practitioners.
4.1.1 Medyaan, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Medyaan reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Medyaan immediately to enable Medyaan to make the necessary amendments
4.1.2 Medyaan shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
4.1.3 Medyaan shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Medyaan, where the User has expressly or implicitly consented to the making of disclosures or publications by medyaan. If the User had revoked such consent under the terms of the Privacy Policy, then Medyaan shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Medyaan prior to its actual receipt of such revocation.
4.1.4 Medyaan reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Medyaan shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
4.1.5 Practitioners explicitly agree that Medyaan reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
4.1.6 When you are listed on Medyaan, End-Users may see a ‘show number’ option. When End-Users choose this option, they choose to call your number through a free telephony service provided by Medyaan, and the records of such calls are recorded and stored in Medyaan’s servers. Such call will have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by Medyaan for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to End-Users and to you by Medyaan should be used only for appointment and booking purposes, and not for consultation on health-related issues. Medyaan accepts no liability if the call facility is not used in accordance with the foregoing. In case you choose to not provide your consent to recording your calls that may have personal information required for appointment and booking purposes, Medyaan reserves the right to not provide the Services for which such personal information is sought.
4.1.7 As a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Medyaan accepts no liability for the same.
Medyaan ensures easy access to the Practitioners by providing a tool to update your profile information. Medyaan reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Medyaan takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Medyaan’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Medyaan may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.3.1 All Critical Content is content created by the Users
of
www.medyaan.com
(“Website”) and the clients of Medyaan customers and
Practitioners, including the End-Users. As a platform, Medyaan
does not take responsibility for Critical Content and its role
with respect to Critical Content is restricted to that of an
‘intermediary’ under the Information Technology Act, 2000. The
role of Medyaan and other legal rights and obligations relating to
the Critical Content are further detailed in Clauses 3.9 and 5 of
these Terms. Medyaan’s Feedback Collection and Fraud Detection
Policy, is annexed as the Schedule hereto, and remains subject
always to these Terms.
4.3.2 Medyaan reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
4.3.3 Medyaan shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
4.3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Medyaan shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Medyaan however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.
4.3.5 Medyaan will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
4.3.6 If Medyaan determines that you have provided inaccurate information or enabled fraudulent feedback, Medyaan reserves their right to immediately suspend any of your accounts with Medyaan and makes such declaration on the website alongside your name/your clinics name as determined by Medyaan for the protection of its business and in the interests of Users.
Medyaan has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. Medyaan shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Medyaan.
The Practitioner is and shall be duly registered, licensed, and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered
In recognition of the various offerings and services provided by Medyaan to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow Medyaan to include a brief description of the services provided to Practitioner in Medyaan’s marketing, promotional, and advertising materials; (b) allow Medyaan to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to Medyaan’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media, and other advertising, marketing and promotional materials.
5.1 As mandated by Regulation 3(2) of the IG Rules, Medyaan hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
If it belongs to another user, which the user does not have any rights to grossly harmful, harassing, obscene, defamatory, pornographic, invasive another’s privacy by ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever harm minors in any way infringes any patent, trademark, copyright or other proprietary rights violates any law for the time being in force deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing /in nature impersonate another person contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
5.3 Medyaan, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2 .Medyaan shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
5.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Medyaan has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
5.5 Medyaan may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Medyaan 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 Medyaan as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Medyaan or any person on its behalf and the User or where the User has consented to data transfer.
Medyaan respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
6.1 Medyaan reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account is needed for the user to continue using the Medyaan website. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files, and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
In no situation, the Medyaan or its directors, officers, employees, agents, content or service providers (all the protected entities) be liable for any direct, indirect, special, incidental, consequential, exemplary, punitive damage which arises directly or indirectly to the website, or materials related to the service. User's provision of information through the website, lost end-users, lost business if any such protected entity has been advised as a possibility for such damages. In no situation the Protected Entities will be liable for:
Medyaan may retain information collected from the Users from its Website or Services for as long as they need based on their necessity, depending on the type of information; purpose, means, and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
9.1 You agree that this Agreement and any contractual obligation between Medyaan and its User will be governed by the laws of India
9.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your usage of the Website, the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Medyaan. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
9.3 Subject to the above Clause 9.2, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
10.1 If a User has any questions concerning Medyaan, the Website, this Agreement, the Services, or anything related to any of the foregoing, Medyaan customer support can be reached at the following email address:
contact@medyaan.com or via the contact information available from the following hyperlink: www.medyaan.com
10.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Medyaan Healthcare Private Limited,
Unique Paradise Apartment Complex,
43/11, Thomas Street,
Kadaperi, West Tambaram,
Chennai - 600045, TamilNadu, India.
In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Medyaan. Any consent by Medyaan to, or a waiver by Medyaan of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
