MYMEDIHELP

Doctor’s Terms

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE. YOUR USE OF OUR WEBSITE CONSTITUTES AN EXPRESS ACCEPTANCE OF THESE TERMS AND CONDITIONS.

MYMEDIHELP a company registered under applicable law in India and having its registered office at 22 Rajdanga, Nabapally, Ground Floor, Kolkata -700107, owns and manages the website www.mymedihelp.com and its associated equivalent web and mobile user interfaces (these points of access are referred to as “MYMEDIHELP”). (MYMEDIHELP. is hereafter referred to as the “TechnologyProvider”).

“MYMEDIHELP” is an Internet based technology platform that attempts to connect providers of online health opinion services and users (the “Users”) seeking medical opinion assistance.

MYMEDIHELP provides the technology to Doctors and Healthcare Service Providers to register themselves and make available their information and services to Users in certain countries, India being one such country. Using MYMEDIHELP, users can access various forms of medical and healthcare opinion services offered by Doctors and Healthcare Service Providers. You acknowledge that the use of Platform is to facilitate consultation between yourself and user and that we do not in any way provide these healthcare opinion services but offer our technology as a means to enable you to provide these healthcare opinion

Users may request information on you through the use of MYMEDIHELP. Provision of this information is a core function of MYMEDIHELP and by using our services, you consent to us providing any information that you upload on MYMEDIHELP to any third party who may request such information. You agree that you will be responsible for all the activities under your service account. You further agree to not use MYMEDIHELP for treatment of critical or emergency conditions and to require users to undertake a physical consultation prior to providing any definitive diagnosis.

We note that the Users may provide private and confidential information to you, over our platform. Please note that applicable law may insist that you maintain this information on a confidential basis and do not disclose this to any third party. Since this is an obligation that the law imposes on you, you may want to seek legal advice on the implication of this obligation.

Additionally, you agree to the following

1. Your profile may, at the sole discretion of the Technology Provider, be uploaded on MYMEDIHELP. A unique identification number and password may be issued to you for managing your account on MYMEDIHELP.
2. You consent to your profile (and any information or pictures that you submit as part of the registration process) being used, at the sole discretion of the Technology Provider, as part of marketing campaigns in respect of MYMEDIHELP.
3. Do note that the Technology Provider does not exercise any editorial or managerial control over the content that you upload, but may remove such content at its sole discretion. You will be solely responsible for any liability that arises from the publication of such content (including but in no way limited to liabilities arising under copyright laws, the law of trade mark and various other applicable criminal statues in India). You agree to indemnify the Technology Provider for any costs (including reputation costs) directly or indirectly related to the publication of any content that you upload.
4. You acknowledge that the applicable law imposes an absolute duty to maintain all information in respect of the medical history and health of any person in a confidential manner. You undertake that you will not, without the express written consent of the User, share any information or data in respect of the User with any third party. You will, specifically, indemnify, the Technology Provider for any loss, direct or indirect, in this respect.
5. You undertake that any information that you provide is true and authentic (and in respect of information on your educational qualifications and experience - a clear and unambiguous representation of your educational qualification and experience).
6. The Technology Provider has not verified and will not verify the information that you provide.
7. You shall keep the Technology Provider indemnified in respect of any losses or damages incurred by the Technology Provider (or any subsidiary or affiliate) on account of your acts or omissions.
8. You represent and warrant that you are eligible for the practice of medicine as per applicable legal requirements, and that you shall indemnify the Technology Provider in respect of any costs or losses incurred, directly or indirectly, by the Technology Provider or any subsidiary or affiliate, on account of any dispute regarding your ability or lack thereof to practice medicine.
9. That you understand that MYMEDIHELP does not provide any medical advice or guidance and that it is merely a Technology Solution provider and this contract is for the use of technology and tools provided by MYMEDIHELP, which may be revoked by the Technology Provider, at any time.
10. In consideration of your listing and for using MYMEDIHELP and the technology embodies therein, you will/may be charged on a fixed monthly fee and / or a percentage of any consultation fee that you charge a User during the time you are part of the platform.
11. You appoint the Technology Provider to collect consultation fees on your behalf. The Technology Provider may assign this right to collect fees on your behalf to any subsidiary or affiliate. All fees collected by MYMEDIHELP will be paid to your bank account on a periodic basis (subject to deduction of applicable taxes and other charges) and is subject to set off against any monies due to the Technology Provider or any subsidiary or affiliate. You will provide your bank account number, tax number and other government related information as per the law of the land.
12. The Technology Provider reserves the right to charge the user additional administrative/platform usage and processing charges over and above any fees listed by you.
13. The Technology Provider reserves the right to collect any additional taxes as may be required by the law of the land and to make the necessary submissions/fillings to the concerned authorities from time to time, at the sole discretion of the Technology Provider.
14. Any Cancellation of an appointment booked online will be processed as per Schedule A - Cancellation and Refund Policy, unless stated otherwise specifically for a doctor or health service provider/practice.
15. MYMEDIHELP shall be providing various additional services to third party individuals, some of which use, track or respond to any information that you have provided or any data on your use of MYMEDIHELP and you expressly consent to such services using or tracking data.
16. MYMEDIHELP provides no guarantee of references to you and that MYMEDIHELP shall in no manner assist you in work solicitation and that the selection of a Service Provider shall be the sole discretion of the user.
17. MYMEDIHELP is only a facilitator/technology provider and the Technology Provider is not responsible for the service provided by you. You will be exclusively liable for any claim of negligence or of any other claim whatsoever by any person to whom you have provided services. You shall at all times keep MYMEDIHELP indemnified against any such claims.
18. You undertake to inform any user of any changes in any scheduled appointment as early as possible (ideally 72 hours before the scheduled appointment) so as to avoid any inconvenience to the User.
19. The Technology Providers liability in respect of any breach of this Agreement is limited to the amount of fees paid to the Technology Provider by you over the twelve-month period before the breach of this Agreement.
20. The Technology Provider reserves the right to discontinue, at its sole discretion, any of the services provided on “MYMEDIHELP” to you at any time.
21. The Technology Provider reserves the right to make modifications to this Agreement, at any time. Such changes will be notified to you and on notification, the amended agreement will constitute a binding agreement between the Technology Provider and you. If you disagree with the changes in terms and conditions of MYMEDIHELP at any time or they are unacceptable to you, you may cancel your subscription to the service or terminate your account at any time but MYMEDIHELP will not refund any fees already paid by you. On such termination, you shall have no more claims on your data stored on “MYMEDIHELP” or any response/content posted by you or on your behalf on any other third party, current or terminated, that you may have interacted with via “MYMEDIHELP”.
22. This Agreement shall be governed by the laws of the Republic of India.
23. Any dispute that arises, directly or indirectly, in respect of this Agreement or in respect of your use of this website, shall be submitted to the courts of judicature at Kolkata, India.

Schedule A - Cancellation and Refund Policy
General Cancellation Policy On Cancellation of the appointment booked by you

1. You will receive a 100% refund if you cancel the appointment at least 72 hours prior to the appointment.
2. We will levy a 20% cancellation fee if the cancellation of the appointment is done by you between 24 hours and 72 hours prior to the appointment.
3. There will be no refund on any cancellation by you, if such cancellation is within 24 hours of the appointment.
4. The Healthcare Service Provider retains the discretion to cancel an appointment. Should the Healthcare Service Provider cancel an appointment, you will receive a 100% refund.
5. It takes between 30 to 45 days to process a refund request. Even where MYMEDIHELP processes the refund, your credit card company and Banks make take longer time to finish the processing of the refund and remit funds to your account.
6. If you haven’t received a refund after 45 days, please check with you credit card company / bank.
7. If you’ve done this and you still have not received your refund yet, please contact us at refunds@mymedihelp.com with all the details of the appointment that has been cancelled by you and copies of your communication with the bank or credit card company in this regards.

Refund on grounds of performance
You are not entitled to a refund of fees if you are not happy or satisfied with the services provided by the Healthcare Service Provider. Any applicable taxes will be collected over and above the listed prices. Any additional support or services sought will be charged separately and MYMEDIHELP will reserve the right to decline any such requests for additional services.

Patient’s Terms

THESE TERMS AND CONDITIONS APPLY TO YOUR VISIT TO AND YOUR USE OF OUR WEBSITE AT “WWW.MYMEDIHELP.COM”, THE SERVICE AND THE APPLICATION, AS WELL AS TO ALL INFORMATION, RECOMMENDATIONS AND/OR SERVICES PROVIDED TO YOU ON OR THROUGH THE WEBSITE OR ANY OTHER APPLICATION OR SERVICE PROVIDED BY MYMEDIHELP. PLEASE READ THESE USER TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE. YOUR REGISTERING BELOW SHALL BE CONSIDERED AS ACCEPTANCE OF THESE USER TERMS AND CONDITIONS FOR USAGE MYMEDIHELP.com, the web site and its associated web portals, Mobile/Tablet APPs and IT applications thereof, are owned by MYMEDIHELP. MYMEDIHELP is an Internet based technology platform that attempts to connect providers of online healthcare opinion services (hereafter referred to as "Healthcare Opinion Service Provider") and users (hereafter referred to as "you"). By Signing up for the MYMEDIHELP service on creation of a user account on the website, you are agreeing to abide by the terms and conditions mentioned hereunder.

THE CONTRACT

You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and Conditions to register for the Service and the Application.

MYMEDIHELP does not provide any medical advice or service. We are merely a Technology Solution provider and this contract is for the use of technology and tools provided by MYMEDIHELP, which may be revoked by MYMEDIHELP without prior notice via email or SMS or any such communication. Currently there is no license or usage fee charged by MYMEDIHELP for the Technology and Tools provided, however MYMEDIHELP reserves the right to impose a fee for data storage and or for usage of the Technology, Tools, Platform or Services or any new features that may be added any time at MYMEDIHELP’s discretion and may amend this policy from time to time with prior notice. MYMEDIHELP reserves the rights to discontinue in its sole discretion, any of the services provided on MYMEDIHELP to any user at any time. If you disagree with changes in terms and conditions of MYMEDIHELP at any time or they are unacceptable to you, you may cancel your subscription to the service or terminate your account at any time but MYMEDIHELP will not refund any fees already paid by you, if any.

On such termination, you shall have no more claims on your personal data stored on MYMEDIHELP or any response/content posted by you or on your behalf on any other user/Healthcare Provider, current or terminated, that you may have interacted with via MYMEDIHELP. MYMEDIHELP will not be responsible for providing this data in any form to your or to any third party service or provider. The Doctor/Healthcare Service Provider decides the fees charged per consultation. MYMEDIHELP is only acting as an intermediary to processing payments on behalf of the Doctor/Healthcare Service Provider.

By using the services provided on our web portal, you enter into a contract with MYMEDIHELP. In order to be able to use the Service, you first need to sign up to create an account in the website. When signing up, you are obligated to provide your personal information, mobile telephone number and other details as required by the website. Upon successful completion of your signing up you will be provided a personal user id, accessible for you with a password of your choice. Your User ID and password are unique to you, and you agree not to disclose or share your User ID and password to or with any third party. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen.

The accuracy, integrity and completeness of the personal information you enter or allow anyone on behalf of yourself or your Doctor/Healthcare Service Provider to enter into our system is your responsibility, and MYMEDIHELP assumes no liability for it.

MYMEDIHELP is also not liable for any use or misuse of information transmitted or received by a third party you have authorized to access or use your account and data on MYMEDIHELP.

MYMEDIHELP shall not be responsible for any undesirable consequences of information, comments or posts made by you or any Doctor/Healthcare Service Provider or individual operating on behalf of the same.

While MYMEDIHELP will take all reasonable efforts for protecting the patient information it might have to disclose the contact details of the patients if required by any bank, payment gateway provider or any statutory authorities. The Healthcare Opinion Service Provider shall educate the patients about circumstances under which the information might be disclosed. Data in your personal health records will be accessible only to your authorized Doctors/Healthcare Service Providers that you are a registered patient of or consulted with, for the purpose of providing you with healthcare services that you choose. Non-personalised system analysis of non-identifiable patient data may be done as part of application service development to enable better healthcare outcomes. However, the identity of individual patient/users will remain anonymous.

SERVICES

MYMEDIHELP is an online platform providing access to various forms of medical services offered by third party service providers which are listed through our website. The request to access the information on the Third Party Service providers may be made through the use of our web portal or other applications that may be downloaded and installed on Computers, mobile devices or tablets.

The services which we intend to provide include a platform to find a doctor who has listed his/her services and facility to request or schedule an appointment for Online consultation via, Video, audio or text mode of communication and managing self or family information/health records.

Using the web portal you can take appointments for self and dependent/family with any of the listed doctor however you agree and understand that the Doctor may chose to cancel the appointment or re-schedule it.

You explicitly acknowledge that the use of Platform is to facilitate consultation between Patient and Doctor. You agree that the online consultation and usage of the system is not for emergency conditions. It is explicitly declared that the platform does not take away the need for physical consultation by visiting a Doctor’s office/clinic/hospital.

You hereby agree that you will disclose all necessary details to the doctor, which will help him/her to provide medical advice/guidance. The doctor may choose to ask the patient to visit his/her clinic/hospital for further checkup or investigation. The use of MYMEDIHELP website/service is not a substitute for professional medical diagnosis or treatment and you may use the information provided at your own risk.

MYMEDIHELP shall not be responsible for any undesirable consequences of comments or posts made by any Doctor/Healthcare Service Provider.

By using the services of MYMEDIHELP, you unconditionally agree to receive automated SMS text notifications relevant to services from MYMEDIHELP, to the mobile number you provided during registration, irrespective of whether you have subscribed to any DND services.

By using our Service, you further agree that:

1. You will only use the account for your sole, personal use and will not resell it to a third party;
2. You will adhere to the “General Terms of Use” and “Privacy Policy” at all times
3. You will not authorize others to use your account;
4. You will not assign or otherwise transfer your account to any other person or legal entity;
5. You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
6. You will not use the Service for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
7. You will not use the Service or Application to cause nuisance, annoyance or inconvenience;
8. You will not impair the proper operation of the network;
9. You will not try to harm the Service or Application in any way whatsoever;
10. You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
11. You will provide us with whatever proof of identity we may reasonably request;
12. You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Service.
    You agree that we reserve the right to immediately terminate the Service and block your account on non-compliance of any of the above terms.

CANCELLATION POLICY

Please refer the Schedule A - Cancellation and Refund Policy

LIABILITY FOR CONSULTATION

It is hereby agreed and understood that “MYMEDIHELP” is only a Technology platform providing Internet based solution, linking the patients and the doctors and we take no responsibility/liability for the consultation/medical advice provided by doctors /Healthcare Service Providers and any liability arising from the service provided by the doctor or any third party generated content/report. We further disclose and you agree that we may restrict access of the user to the systems under certain conditions with prior notification via email/sms. You further agree that you shall use the web portal only for seeking medical advice/guidance from the doctors listed. Your access or use of MYMEDIHELP or its services does not create in any way, a relationship that may be confidential or privileged or of any kind that would obligate MYMEDIHELP, its partners or associated Doctors/Healthcare Service Providers to fulfill any duties towards meeting your health needs.

RESTRICTION ON YOUR ACTIVITIES

1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way;
2. modify or make derivative works based upon the Service; create Internet "links" to the Service
3. send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violate of third party privacy rights;

TERMINATION

Any violation of the “User Terms and Conditions”, “Terms of Service” or “Privacy Policy” will result in termination of the service and or account. We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. This agreement and any licenses granted hereunder will terminate if either party become bankrupt.

INDEMNIFICATION

You agree and declare that you will not initiate any legal proceedings or make us party in any legal proceedings pertaining to the deficiency in services by the medical practitioners or any negligence on their part.

It takes between10 to 15 days to process a refund request. Even if the refund processing is finished from the MYMEDIHELP side, your credit card company and Banks make take longer time to finish the processing of the refund and post it onto your account. If you haven’t received a refund after 15 days, first check your bank account again. Then contact your credit card company; it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at support@mymedihelp.com with all the details of the appointment that has been cancelled by you. You will need to provide the Appointment Id and the receipt of the payment made for which the refund has been requested.