MedVault

Voyager Health Private Limited, on behalf of itself and its affiliates/group companies under the brand "MedVault" (“MedVault”), is the author and publisher of the Internet resource https://www.medvault.in and the mobile application ‘MedVault’ (together, “Website” and “Mobile Application”). Voyager Health Private Limited owns and operates the services provided through the Website and Mobile Application stated above.

1. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.medvault.in/privacy (“Privacy Policy”) before you decide to access the Website And / Or Mobile Application or avail the services made available on the Website And / Or Mobile Application by MedVault. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and MedVault in connection with your visit to the Website or downloading the Mobile Application and your usage of the Services (as defined below).

The Agreement applies to you whether you are -

A Medical Practitioner or Healthcare Provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website And / Or Mobile Application, including designated, authorized associates of such Medical Practitioners or Healthcare Providers or institutions (“Practitioner(s)”, “you” or “User”); or
A patient, his/her representatives or affiliates, searching for Medical Practitioners or Healthcare Providers through the Website And / Or Mobile Application (“End-User”, “you” or “User”); or
Otherwise a user of the Website And / Or Mobile Application(“you” or “User”).
This Agreement applies to those services made available by MedVault on

the Website And / Or Mobile Application which are offered to the Users (“Services”), including the following:

For Medical Practitioner or Healthcare provider: Listing of Medical Practitioner or Healthcare provider and their profiles and contact details, to be made available to the other Users and visitors to the Website And / Or Mobile Application;
For other Users: Facility to (i) create and maintain ‘Health Accounts’, by storing Health Records (ii) search for Medical Practitioners or Healthcare Providers by name, specialty, and geographical area, or any other criteria that may be developed and made available by MedVault in order to book online and / or in person appointments, and (iii) Sharing health records/ Information with Medical Practitioners or Healthcare Providers.
The Services may change from time to time, at the sole discretion of MedVault, and the Agreement will apply to your visit to and your use of the Website And / Or Mobile Application to avail the Service, as well as to all information provided by you on the Website And / Or Mobile Application at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website And / Or Mobile Application 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 support@Medvault.in.

By downloading our Mobile Application 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 / Or Mobile Application, 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 And / Or Mobile Application to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

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

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

Your access to use of the Website And / Or Mobile Application and the Services will be solely at the discretion of MedVault.

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

the Indian Contract Act, 1872,
the (Indian) Information Technology Act, 2000, and
the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

2. CONDITIONS OF USE

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 And / Or Mobile Application, accepting this Agreement, you represent and warrant to MedVault that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website And / Or Mobile Application and the Services available through the Website And / Or Mobile Application, and agree to and abide by this Agreement.

3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN MEDICAL PRACTITIONERS OR HEALTHCARE PROVIDERS

The terms in this Clause 3 are applicable only to Users other than Medical Practitioners or Healthcare Providers.

3.1 END-USER ACCOUNT AND DATA PRIVACY

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 MedVault may by its Services collect information relating to the devices through which you access the Website And / Or Mobile Application, and anonymous data of your usage. The collected information will be used only for improving the quality of MedVault’s services and to build new services.
3.1.3 The Website And / Or Mobile Application allows MedVault to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of using our services and for obtaining feedback in relation to the Medical Practitioners or Healthcare Providers and their practice.
3.1.4 The Privacy Policy sets out, inter-alia:
The type of information collected from Users, including sensitive personal data or information;
The purpose, means and modes of usage of such information;
How and to whom MedVault will disclose such information; and,
Other information mandated by the SPI Rules.
3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
the fact that certain information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the nature of collection and retention of the information; and
the name and address of the agency that is collecting the information and the agency that will retain the information; and
the various rights available to such Users in respect of such information.
3.1.6 MedVault shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to MedVault or to any other person acting on behalf of MedVault.
3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website And / Or Mobile Application. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify MedVault of any actual or suspected unauthorized use of the User’s account or password. Although MedVault will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MedVault 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 MedVault has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete; MedVault has the right to discontinue the Services to the User at its sole discretion.
3.1.9 MedVault may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

3.2 RELEVANCE ALGORITHM

MedVault’s relevance algorithm for the medical Practitioners or Healthcare Providers is a fully automated system that lists the medical Practitioners or Healthcare Providers, their profile and information regarding their Practice on its Website And / Or Mobile Application. These listings of medical Practitioners or Healthcare Providers do not represent any fixed objective ranking or endorsement by MedVault. MedVault will not be liable for any change in the relevance of the medical Practitioners or Healthcare Providers on search results, which may take place from time to time. The listing of medical Practitioners or Healthcare Providers 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. MedVault in no event will be held responsible for the accuracy and the relevancy of the listing order of the medical Practitioners or Healthcare Providers on the Website And / Or Mobile Application.

3.3 LISTING CONTENT AND DISSEMINATING INFORMATION

3.3.1 MedVault collects, directly or indirectly, and displays on the Website And / Or Mobile Application, relevant information regarding the profile and practice of the Medical Practitioners or Healthcare Providers listed on the Website And / Or Mobile Application, such as their specialization, qualification, fees, location, visiting hours, and similar details. MedVault takes reasonable efforts to ensure that such information is updated at frequent intervals. Although MedVault screens and vets the information and photos submitted by the Medical Practitioners or Healthcare Providers, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.3.2 The Services provided by MedVault 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). MedVault does not provide or make any representation, warranty or guarantee, express or implied about the Website And / Or Mobile Application or the Services. MedVault does not guarantee the accuracy or completeness of any content or information provided by Medical Practitioners or Healthcare Providers or Users on the Website And / Or Mobile Application. To the fullest extent permitted by law, MedVault disclaims all liability arising out of the User’s use or reliance upon the Website And / Or Mobile Application, the Services, representations and warranties made by other Users such as Medical Practitioners or Healthcare Providers the content or information provided by them on the Website And / Or Mobile Application, or any opinion or suggestion given or expressed by MedVault or any User in relation to any User or services provided by such User.
3.3.3 The Website And / Or Mobile Application may be linked to the website of third parties, affiliates and business partners. MedVault 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 And / Or Mobile Application. Inclusion of any link on the Website And / Or Mobile Application does not imply that MedVault endorses the linked site. User may use the links and these services at User’s own risk.
3.3.4 MedVault 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 And / Or Mobile Application or the downloading of any material, data, text, images, video content, or audio content from the Website And / Or Mobile Application. If a User is dissatisfied with the Website And / Or Mobile Application, User’s sole remedy is to discontinue using the Website And / Or Mobile Application.
3.3.5If MedVault determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, MedVault reserves the right to immediately suspend your access to the Website And / Or Mobile Application or any of your accounts with MedVault and makes such declaration on the Website And / Or Mobile Application alongside your name/your clinic’s name as determined by MedVault for the protection of its business and in the interests of Users. You shall be liable to indemnify MedVault for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected MedVault or its Users.

3.4 BOOK APPOINTMENT AND CALL FACILITY

MedVault enables Users to connect with Medical Practitioners or Healthcare Providers through two methods: a) Book Appointment facility that allows Users book an appointment through the Website And / Or Mobile Application; b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Website And / Or Mobile Application.

3.4.1MedVault will ensure Users are provided confirmed appointment on the Book Appointment facility. However, MedVault has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment.
3.4.2If a User has utilized the telephonic services, MedVault 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.
3.4.3The results of any search Users perform on the Website And / Or Mobile Application for Medical Practitioners or Healthcare Providers should not be construed as an endorsement by MedVault 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, MedVault 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 MedVault will not be liable for:
User interactions and associated issues User has with the Practitioner;
the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged.

3.4.5Users 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, MedVault 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.
3.4.6In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up for the booked appointment at the concerned Practitioner’s clinic or hospital , User’s account will be temporarily disabled from booking further online appointments on the Website And /Or Mobile Application. for next four (4) months, in case of, three (3) Valid PNS, as per the Patient-No-Show Policy. However, the User can continue to call the clinic via MedVault’s Website And / Or Mobile Application to get an appointment.
Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website And / Or Mobile Application using the Book Appointment facility, has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same. When Practitioner informs MedVault of the incident or marks a particular appointment as P.N.S. using the MedVault Web Application within five (5) days after the scheduled appointment, an email and SMS (“PNS Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 3.4.6(c), for not showing up, MedVault shall be entitled to take actions as under Clause 3.4.6 (a). However Users understand that, actions such as ones mentioned under Clause 3.4.6(a) are included as a deterrent to stop Users from misusing the Website And / Or Mobile Application, and the loss of business hours incurred by the Practitioner.
Following instances, solely at the discretion of MedVault, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized as per Clause 3.4.6 (a):
User does not reply within seven (7) days, with reasons to PNS Communication, from the date of receipt of such PNS Communication;
In case User responds to the PNS Communication with below reasons:
Forgot the appointment
Chose to visit another Practitioner/consulted online;
Busy with other work; or such other reasons (which MedVault at its discretion decides to be a valid reason to not show up).
Where the User has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of MedVault, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.
MedVault reserves the right to make the final decision in case of a conflict. The total aggregate liability of MedVault with respect to any claims made herein shall be INR 100.
3.4.7 Cancellation and Refund Policy
In the event that, the Practitioner with whom User has booked a paid appointment via the Website And / Or Mobile Application, has not been able to meet the User, User will need to write to us at support@MedVault.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website And / Or Mobile Application will be refunded to the User within the next five (5) to seven(7) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.
Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.

3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

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 And / Or Mobile Application (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 MedVault 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.
3.5.2It is hereby expressly clarified that, the Information that you obtain or receive from MedVault, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website And / Or Mobile Application 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 And / Or Mobile Application. 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.
3.5.3The 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 another person’s behalf), please contact an ambulance service or hospital directly.

3.6 CONSULTATION

Voyager Health Private Limited (“VHPL”) is the service provider of services mentioned below. VHPL under the brand name ‘MedVault’ operates the said services through www.medvault.in and the mobile application ‘MedVault’ (together, “Website And / Or Mobile Application”). Reference to (“VHPL”) includes, Voyager Health Private Limited, its subsidiaries, group companies and their affiliates.

NATURE AND APPLICABILITY OF TERMS:

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.medvault.in/privacy (“Privacy Policy”) before you decide to access the Website And / Or Mobile Application or avail the services. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and VHPL (on its and its affiliates behalf) in relation to the Services (as defined below).

The Agreement applies to:

a medical practitioner or health care provider (whether an individual professional or an organization) or similar institution providing the services on the Consultation platform or the Consultation (International) platform, as the case may be (“Practitioner(s)”, “you” or “User”); or
A patient, his/her representatives or affiliates, searching for Practitioners through the Website And / Or Mobile Application (“End-User”, “you” or “User”); or
Otherwise a user of the Website And / Or Mobile Application (“you” or “User”).

This Agreement applies to those services provided by VHPL on the Website And / Or Mobile Application, (“Services”),

The Services may change from time to time, at the sole discretion of VHPL, and the Agreement will apply to you providing the Service.

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

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

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

the Indian Contract Act, 1872,
the (Indian) Information Technology Act, 2000, and

CONSULTATION (Domestic - India)
1. Definition:

Consultation is a Service provided by VHPL that allows Users & Practitioners to communicate, on paid mode. Further, Users may access this feature on Website And / Or Mobile Application/ platform to get assigned, for the purposes of consultation, to a Practitioner whereby such Practitioners are inter alia assigned through the system’s algorithm/software-program that finds the most available and accepting Practitioner. The scope of this feature as detailed herein is collectively referred to as "Consultation".

Terms for Users:

The Users expressly understand, acknowledge and agree to the following set forth herein below:

Users can choose the Practitioner in certain events (like through Q&A offering). In cases where Users cannot choose a Practitioner (due to system setup), the system uses an algorithm/software-program to find the most available and accepting Practitioner.
In case any prescription is being provided to User by the Practitioner, the same is being provided basis the online Consultation, however it may vary when examined in person, hence, in no event shall the prescription provided by Practitioners be relied upon as a final and conclusive solution.
The Users agree to use the advice from Practitioner on the Website And / Or Mobile Application pursuant to:
- an ongoing treatment with their medical practitioner;
- a condition which does not require emergency treatment, physical examination or medical attention;
- medical history available as records with them for reference;
- a record of physical examination and report thereof with them, generated through their local medical practitioner;
- Consultation with their medical practitioner before abandoning or modifying their ongoing treatment.

Terms for Practitioners:
1. The Practitioner shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, VHPL shall have the right to replace such Practitioners for the purpose of Consultation to the User.
2. The Practitioner further understands that, there is a responsibility on the Practitioner to treat the User, pari passu, as the Practitioner would have otherwise treated the User on a physical one-on-one Consultation model.
3. The Practitioner has the discretion to cancel any Consultation at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Practitioners. However, it is strongly recommended that the Practitioner advise the User and explain appropriately for next steps which may include referring the User for further evaluation.
4. 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.
5. Practitioner shall ensure that, the Consultation online is treated as an in-clinic Consultation and provide advice to the best of Practitioners’ knowledge.
6. The Practitioner hereby agrees to VHPL’s medical team carrying out an audit of his/her Consultation on the Consultation platform for the purpose of improving treatment quality, user experience, and other related processes. The Practitioner acknowledges that the subject matter of audit may include their personal information. This personal information will be processed in accordance with the Privacy Policy.
7. Practitioners should provide e-prescriptions to the Users only via the prescription module. However, when the Practitioner creates an e-prescription, the Practitioner will be required to confirm the e-prescription with their electronic signature explicitly or implicitly by clicking on the signature option made available or any other form of opt-in methods as provided therein. The Practitioner hereby agrees and covenants to be responsible and liable for the content of e-prescription and the authenticity of his signature signed electronically. In addition to any indemnity warranties provided else-where in the Agreement, the Practitioner hereby agrees to hold VHPL, its officers, employees, agents and affiliates harmless from any claims, damages, losses or penalties arising out of any third party claims in connection with the validity of the e-prescription, its content and/or electronic signature.
8. For a Practitioner to complete a Consultation, it is mandatory to provide a Consultation summary via the e-prescription module to all Users. The recommended contents (at least one) of the said Consultation summary are as follows:

1. Refund policy for Patients:
  1. In the event it is proved that the Practitioners have acted in contravention of any applicable laws, VHPL shall provide complete refund to the User, subject to investigation undertaken by VHPL.
  2. If the cancellation is due to the abusive nature of the User, such User shall not be eligible for any refund and VHPL/Practitioner shall be entitled to take any legal action, depending upon the gravity of the matter.
  3. User shall refrain from raising any personal queries or advise on the Consultation platform which are not related to a specific disease / medicine. In the event the User raises any such personal queries or advice on the Consultation platform, VHPL reserves the right to terminate the Consultation of such Users and further, such Users will not be entitled to any refund.
  4. In case a Practitioner does not respond to a paid Consultation within ten (10) minutes from the time of starting a Consultation on the Consultation platform or does not respond for more than fifteen (15) minutes during an active Consultation, the User shall have the right to request for a refund and any amounts paid by the User with respect to the such Consultation will be refunded.
  5. In case a Practitioner does not provide a Consultation summary prescription for a particular Consultation, then the User shall have the right to request for a refund and any amounts paid by the User with respect to the such Consultation will be refunded. Refunds will not be provided if the Practitioner has provided a Consultation summary prescription to the User.
  6. In case a Practitioner is unreasonably abrupt or quick to complete a particular Consultation on the Consultation platform, then the User shall have the right to request for a refund. VHPL shall provide complete refund to the User, subject to investigation undertaken by VHPL.
  7. VHPL reserves the right to permanently block Users from the Consultation platform in the event VHPL receives multiple cancellation request from such Users for reasons which do not form part of the cancellation policy of VHPL.
  8. Users can request a refund by contacting VHPL’s email support: support@medvault.in
  9. VHPL shall check the details and process the refund where applicable, solely at its discretion. After a refund request is processed, the money will be refunded to the User in seven (7) working days from the day refund has been approved from VHPL.
  10. In the event a User raises any concerns regarding the inappropriateness of a particular Consultation on the Consultation platform, the User agrees that the refund or any other outcome for any such concerns raised by the User will be subject to a detailed review of the said concerns by VHPL as per VHPL’s internal policies.
  11. In all matters related to refund and settlement under this Agreement, VHPL shall decide so at its sole and absolute discretion after detailed review of the matter and taking into account all the involved parties’ information. The decision of VHPL shall be final in this regard.
2. Express Disclaimers:
  1. Consultation is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical Consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises ‘in-person Consultation’, it is the sole responsibility of the User, to book an appointment for physical examination and in-person Consultation whether the same is with the Practitioner listed on the Website And / Or Mobile Application or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, VHPL shall not be held liable.
  2. Consultation is a platform being made available to Users to assist them to obtain Consultation from Practitioners and does not intend to replace the physical Consultation with the Practitioner.
Consultation (International)
1. Definition:

Consultation (International) is a service provided by VHPL that allows international Users & Practitioners to communicate, on paid mode. Further, such Users may access this feature on Website And / Or Mobile Application/ platform to get assigned, for the purposes of a Consultation with a Practitioner whereby such Practitioners are inter alia assigned through the system’s algorithm/software-program that finds the most available and accepting Practitioner. The scope of this feature as detailed herein is collectively referred to as “Consultation (International)".

Terms for Users:

The Users expressly understand, acknowledge and agree to the following set forth herein below:

Users can choose the Practitioner in certain events (like through Q&A offering). In cases where Users cannot choose a Practitioner (due to system setup), the system uses an algorithm/software-program to find the most available and accepting Practitioner.
The Users agree to use the advice from Practitioner on the Website And / Or Mobile Application pursuant to:
- an ongoing treatment with their medical practitioner;
- a condition which does not require emergency treatment, physical examination or medical attention;
- medical history available as records with them for reference;
- a record of physical examination and report thereof with them, generated through their local medical practitioner;
- Consultation with their medical practitioner before abandoning or modifying their ongoing treatment.

1. Express Disclaimers:
  1. Consultation (International) is intended for general purposes only and is not meant to be a medical Consultation, used in emergencies/serious illnesses requiring physical Consultation.
  2. Consultation (International)is a platform being made available to Users to assist them to obtain information from experts (Practitioners) and does not intend to replace the physical Consultation with the Practitioner.
2. Terms for Practitioners:
  1. The Practitioner shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, VHPL shall have the right to replace such Practitioners for the purpose of interaction with the User.
  2. The Practitioner further understands that, there is a responsibility on the Practitioner to provide accurate information to the User, as the Practitioner would have done so to any other patient of his, however no doctor-patient relationship is established pursuant to interactions on Consultation (International).
  3. The Practitioner has the discretion to cancel any chat at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to interact with the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Practitioners. However, it is strongly recommended that the Practitioner advise the User and explain appropriately for next steps.
  4. 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 interaction on Consultation (International).
  5. The Practitioner acknowledges that should VHPL find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities in Consultation (International), then VHPL shall be entitled to cancel the interaction with such Practitioner or take such other legal action as may be required.
  6. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact the VHPL support team via email: support@medvault.in .
  7. It is further understood by the Practitioner that the information that is disclosed by the User at the time of interaction is personal information and is subject to all applicable privacy laws.
  8. The Practitioner understands that VHPL makes no promise or guarantee for any uninterrupted communication and the Practitioner shall not hold VHPL/MedVault liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by VHPL.
  9. It shall be the responsibility of the Practitioner to ensure that the information provided by User is accurate and not incomplete and understand that VHPL shall not be liable for any errors in the information included in any communication between the Practitioner and User.
  10. The Practitioner shall indemnify and hold harmless VHPL and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the Services provided by Practitioner, violation of any law, rules or regulations by the Practitioner or due to such other actions, omissions or commissions of the Practitioner that gave rise to the claim under Consultation (International).
CONFIDENTIALITY

The Practitioner using the Consultation platform and Consultation (International) platform, as the case may be, shall have the following confidentiality obligations:

Practitioner agrees to keep confidential all deliverables and all data, technical, product, business, financial, and other information regarding the business and software programs of VHPL, its affiliates, customers, employees, investors, contractors, vendors and suppliers (the “Confidential Information”), including but not limited to programming techniques and methods, research and development, computer programs, documentation, marketing plans, customer identity, user engagement models and business methods. Without limiting the generality of the foregoing, Confidential Information includes all information and materials disclosed orally or in any other form, regarding VHPL’s and/or its affiliates’ software products or software product development including, but not limited to, the configuration techniques, data classification techniques, user interface, applications programming interfaces, data modelling and management techniques, data structures, and other information of or relating to VHPL’s and/or its affiliates’ software products or derived from testing or other use thereof.
Practitioner shall at all times protect and safeguard the Confidential Information and agrees not to disclose, give, transmit or otherwise convey any Confidential Information, in whole or in part, to any other person.
Practitioner agrees that it will not use any Confidential Information for its own purpose or for the benefit of any third party and shall honour the copyrights and other intellectual property rights of VHPL and will not copy, duplicate, or in any manner reproduce any such copyrighted materials.
Upon request of VHPL or upon termination of the Agreement, Consultant shall promptly deliver to VHPL any and all documents, notes, or other physical embodiments of or reflecting the Confidential Information (including copies thereof), if any that are in possession or control of the Practitioner.
Nothing in the Agreement will be construed as conveying to the Practitioner any right, title or interests or copyright in or to any Confidential Information of VHPL; or to convey any license as to use, sell, exploit, copy or further develop any such Confidential Information.
The confidentiality obligations of the Practitioner as mentioned herein will survive termination or expiration of the Agreement. VHPL has the right to take such action it deems necessary to protect its rights hereunder, including, without limitation, injunctive relief and any other remedies as may be available at law or equity.
Any non-disclosure agreement signed between VHPL and the Practitioner will remain effective, provided that its duration shall be extended coterminous with the Agreement. If there is a conflict between the confidentiality obligations of the Agreement and any non-disclosure agreement, the most restrictive obligation will prevail.

RIGHT TO USE LOGOS AND TRADEMARKS

VHPL is entitled to use the Practitioner’s name and logo, including trademarks (collectively, “Marks”) on the Website And / Or Mobile Application and VHPL’s marketing materials. VHPL will be permitted to issue press releases of any kind referencing the Practitioner and the Marks. However, the Practitioner shall seek a written permission from VHPL to participate in any press releases or for using trade names, trademarks, or service marks of VHPL in any of its advertisement, publicity, or promotion.

TERMINATION

VHPL/MedVault (as the context warrants) reserves the right to suspend or terminate services provided through the Website And / Or Mobile Application and under this Agreement, with or without notice and to exercise any other remedy available under law, in case of the occurrence of the following events:

Practitioner breaches any terms and conditions of the Agreement or contravenes applicable laws; and
A third-party reports violation of any of its right as a result of your use of the Services.

LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall VHPL, or any of its directors, officers, employees, agents or content or service providers, affiliates and group companies (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website And / Or Mobile Application or the content, materials and functions related thereto, the Services, User’s provision of information via the Website And / Or Mobile Application, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

provision of or failure to provide all or any Service by Practitioners to End- Users contacted or managed through the Website And / Or Mobile Application;
any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website And / Or Mobile Application;
any unauthorized access to or alteration of your transmissions or data; or
any other matter relating to the Website And / Or Mobile Application or the Service.

In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website And / Or Mobile Application or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

SEVERABILITY

If any provision of the Agreement is invalid as per applicable law, 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.

WAIVER

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 VHPL. Any consent by VHPL to, or a waiver by VHPL 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.

NO DISPARAGEMENT

Notwithstanding anything herein, neither party will make any claims, representations or warranties on behalf of the other party or bind the other party, and neither party is authorized to do so by this Agreement. The relationship between the parties will be that of independent contractors. Nothing contained herein will be construed to imply a joint venture, principal or agent relationship, or other joint relationship, and neither party will have the right, power or authority to bind or create any obligation, express or implied, on behalf of the other party. Practitioner shall not make any public statement disparaging the other party’s brand, marks, products or services. Each party will retain all right, title and interest in and to its products, services, marks, and all content, information and other materials, and nothing contained in this Agreement will be construed as conferring upon such party, by implication, operation of law or otherwise, any other license or other right.

APPLICABLE LAW AND DISPUTE SETTLEMENT

The parties agree that this Agreement and any contractual obligation between Medvault and User will be governed by the laws of India.

The courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, User’s use of the Website And / Or Mobile Application or the Services or the information to which it gives access.

3.7 MEDVAULT HEALTH PRACTITIONER OR HEALTH PROVIDER’S FEEDBACK

3.7.1User agrees that the Content they access on MedVault 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 MedVault from and indemnify MedVault against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on MedVault.
3.7.2The User agrees not to infringe upon MedVault’s intellectual property by copying or plagiarizing content on MedVault. MedVault reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User.

3.8 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

3.8.1The contents listed on the Website And / Or Mobile Application are (i) User generated content, or (ii) belong to MedVault. The information that is collected by MedVault directly or indirectly from the End- Users and the Medical Practitioners or Healthcare Providers shall belong to MedVault. Copying of the copyrighted content published by MedVault on the Website And / Or Mobile Application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and MedVault reserves its rights under applicable law accordingly.
3.8.2MedVault authorizes the User to view and access the content available on or from the Website And / Or Mobile Application solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, mobile application information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website And / Or Mobile Application (collectively, "MedVault Content"), are the property of MedVault and are protected under copyright, trademark and other laws. User shall not modify the MedVault Content or reproduce, display, publicly perform, distribute, or otherwise use the MedVault Content in any way for any public or commercial purpose or for personal gain.
3.8.3User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

3.9 REVIEWS AND FEEDBACK

By using this Website And / Or Mobile Application, you agree that any information shared by you with MedVault or with any Practitioner or Healthcare Provider 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 Medical Practitioners or Healthcare Providers or other healthcare professionals. The role of MedVault in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. MedVault 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. MedVault 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 And / Or Mobile Application 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. MedVault, 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 MedVault may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

Obtaining feedback in relation to Website or MedVault’s services; and/or
Obtaining feedback in relation to any Medical Practitioners or Healthcare Providers listed on the Website; and/or
Resolving any complaints, information, or queries by Medical Practitioners or Healthcare Providers regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by MedVault. MedVault’s Feedback Collection and Fraud Detection Policy is annexed as the Schedule hereto and remains subject always to these Terms.

3.10 MY DOCUMENTS / RECORDS

MedVault may provide End-Users with facility’s known as ‘Upload’, ‘View’ and ‘Share’ (further together know as ‘My Documents’) Documents And / Or Records on its mobile application ‘MedVault’. Information available in My Documents is of two types:
User-created: Information uploaded by you or information generated during your interaction with Medical Practitioners or Healthcare Providers e.g. Prescriptions, Lab reports, Billing summary, Appointments, Lab test result and medicine order placed by you.
Practice-created: Health Records generated by your interaction with a Medical Practitioners or Healthcare Providers who uses ‘MedVault’ or other Services of MedVault software.
The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

3.10.1My Documents is only created after you have signed up and explicitly accepted these Terms.
3.10.2Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and MedVault 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 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, MedVault is not liable for any interruption that may be caused to your access of the Services.
3.10.4The reminder provided by MedVault is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any vaccination reminders provided by MedVault, you should refer to your prescription / vaccination checklist before taking any medicines. MedVault 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 MedVault app.
3.10.5It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to My Documents associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. MedVault is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with MedVault.
3.10.6MedVault uses industry–level security and encryption to your Health Records. However, MedVault 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 MedVault of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@medvault.in.
3.10.7If you access your dependents’ Health Records by registering your dependents with ‘Add Profile’, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. 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. MedVault assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify MedVault and its officers against any such claim or liability arising out of unauthorized use of such information.
3.10.8In case you want to delete My Documents, you can do so by contacting our service support team at support@medvault.in or logging into the Mobile Application under ‘More tab > Delete My Account’. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Medical Practitioners or Healthcare Providers will continue to be stored in their respective accounts.
3.10.9You may lose your “User created” record, if the data is not synced with the server.
3.10.10If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
3.10.11MedVault is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
3.10.12The Health Records are shared with the phone numbers that are provided by your Practitioner or End user. MedVault is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner or End user.
3.10.13MedVault 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.
3.10.14MedVault 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.
3.10.15MedVault will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
3.10.16You agree and acknowledge that MedVault 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.
3.10.17You acknowledge that the Medical Practitioners or Healthcare Providers you are visiting may engage MedVault's software or third party software for the purposes of the functioning of the Practitioner’s business and MedVault'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.
3.10.18To the extent that your Records have been shared with MedVault or stored on any of the MedVault 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 MedVault pertaining to such previously visited clinics and hospitals who have tie ups with MedVault for the purposes of their business and for MedVault'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 MedVault, to the mapping of such Records as may be available in MedVault’s database to your User account.

3.11 MEDVAULT MEDICINE INFORMATION

For detailed terms and conditions regarding medicine information click here.

3.12 MEDVAULT DIAGNOSTICS

For detailed terms and conditions regarding diagnostics click here.

4. TERMS OF USE MEDICAL PRACTITIONERS OR HEALTHCARE PROVIDERS

The terms in this Clause 4 are applicable only to Medical Practitioners or Healthcare Providers.

4.1 LISTING POLICY

4.1.1MedVault, directly and indirectly, collects information regarding the Medical Practitioners or Healthcare Providers’ profiles, contact details, and practice. MedVault reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Medical Practitioners or Healthcare Providers, 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 And / Or Mobile Application in connection with you and your profile is found to be incorrect, you are required to inform MedVault immediately at support@medvault.in to enable MedVault to make the necessary amendments.
4.1.2MedVault shall not be liable and responsible for the ranking of the Medical Practitioners or Healthcare Providers on external websites and search engines
4.1.3MedVault 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 MedVault, where the User has expressly or implicitly consented to the making of disclosures or publications by MedVault. If the User had revoked such consent under the terms of the Privacy Policy, then MedVault 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 MedVault prior to its actual receipt of such revocation.
4.1.4MedVault reserves the right to moderate the suggestions made by the Medical Practitioners or Healthcare Providers through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website And / Or Mobile Application. However, MedVault shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Medical Practitioners or Healthcare Providers are added to the Website And / Or Mobile Application.
4.1.5Medical Practitioners or Healthcare Providers explicitly agree that MedVault reserves the right to publish the Content provided by Medical Practitioners or Healthcare Providers to a third party including content platforms.
4.1.6You 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 MedVault accepts no liability for the same.

4.2 PROFILE OWNERSHIP AND EDITING RIGHTS

MedVault ensures easy access to the Medical Practitioners or Healthcare Providers by providing a tool to update your profile information. MedVault reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Medical Practitioners or Healthcare Providers. However, MedVault 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 MedVault’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, MedVault may modify or delete parts of your profile information at its sole discretion with or without notice to you.

4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF MEDVAULT

4.3.1All Critical Content is content created by the Users of www.medvault.in (“Website”) and the clients of MedVault customers and Medical Practitioners or Healthcare Providers, including the End-Users. As a platform, MedVault 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 MedVault and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. MedVault’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
4.3.2MedVault reserves the right to collect feedback and Critical Content for all the Medical Practitioners or Healthcare Providers, Clinics and Healthcare Providers listed on the Website And / Or Mobile Application.
4.3.3MedVault 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.
4.3.4You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. MedVault 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. MedVault 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.
4.3.5MedVault 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.
4.3.6If MedVault determines that you have provided inaccurate information or enabled fraudulent feedback, MedVault reserves the right to immediately suspend any of your accounts with MedVault and makes such declaration on the website And / Or Mobile Application alongside your name/your clinics name as determined by MedVault for the protection of its business and in the interests of Users.

4.4 RELEVANCE ALGORITHM

MedVault 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 Medical Practitioners or Healthcare Providers. MedVault shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.

4.5 INDEPENDENT SERVICES

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 MedVault.

4.6 MEDVAULTREACH RIGHTS

MedVault reserves the rights to display sponsored ads on the Website And / Or Mobile Application. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, MedVault will not be liable for the accuracy of information, or the claims made in the Sponsored ads. MedVault does not encourage the Users to visit the Sponsored ads page or to avail any services from them. MedVault will not be liable for the services of the providers of the Sponsored ads.

You represent and warrant that you will use these 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 MedVault accepts no liability for the same.

4.7MEDVAULT MEDICINE INFORMATION

For detailed terms and conditions regarding medicine information click here.

4.8 BOOK APPOINTMENT AND CALL FACILITY

4.8.1As a valuable partner on our platform we want to ensure that the Medical Practitioners or Healthcare Providers experience on the MedVault booking platform is beneficial to both, Medical Practitioners or Healthcare Providers and their Users.
For all terms and conditions of Book facility on MedVault profile check Book Standards .
4.8.2Practitioner understands that, MedVault shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of MedVault.

4.9 PRACTITIONER UNDERTAKING

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.

5.RIGHTS AND OBLIGATIONS RELATING TO CONTENT

5.1As mandated by Regulation 3(2) of the IG Rules, MedVault hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which the User does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
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, defence, 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.
5.2Users are also prohibited from:
violating or attempting to violate the integrity or security of the Website And / Or Mobile Application or any MedVault Content;
transmitting any information (including job posts, messages and hyperlinks) on or through the Website And / Or Mobile Application that is disruptive or competitive to the provision of Services by MedVault;
intentionally submitting on the Website And / Or Mobile Application any incomplete, false or inaccurate information;
making any unsolicited communications to other Users;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website And / Or Mobile Application;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website And / Or Mobile Application;
copying or duplicating in any manner any of the MedVault Content or other information available from the Website And / Or Mobile Application;
framing or hot linking or deep linking any MedVault Content.
circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
5.3MedVault, 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. MedVault 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.
5.4In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, MedVault has the right to immediately terminate the access or usage rights of the User to the Website And / Or Mobile Application and Services and to remove non-compliant information from the Website And / Or Mobile Application.
5.5MedVault 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 MedVault 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 MedVault as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between MedVault or any person on its behalf and the User or where the User has consented to data transfer.
MedVault respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

6.TERMINATION

6.1MedVault reserves the right to suspend or terminate a User’s access to the Website And / Or Mobile Application and the Services with or without notice and to exercise any other remedy available under law, in cases where,
Such User breaches any terms and conditions of the Agreement;
A third party reports violation of any of its right as a result of your use of the Services;
MedVault is unable to verify or authenticate any information provide to MedVault by a User;
MedVault has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
MedVault believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for MedVault or are contrary to the interests of the Website.
6.2Once 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. 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 And / Or Mobile Application 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.

7.LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall MedVault, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website And / Or Mobile Application or the content, materials and functions related thereto, the Services, User’s provision of information via the Website And / Or Mobile Application, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
provision of or failure to provide all or any service by Medical Practitioners or Healthcare Providers to End- Users contacted or managed through the Website And / Or Mobile Application;
any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website And / Or Mobile Application;
any unauthorized access to or alteration of your transmissions or data; or
any other matter relating to the Website And / Or Mobile Application or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website And / Or Mobile Application or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

8.RETENTION AND REMOVAL

MedVault may retain such information collected from Users from its Website And / Or Mobile Application or Services for as long as necessary, 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.APPLICABLE LAW AND DISPUTE SETTLEMENT

9.1You agree that this Agreement and any contractual obligation between MedVault and User will be governed by the laws of India.
9.2Any 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 use of the Website And / Or Mobile Application or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by MedVault. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. 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.
9.3Subject 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 And / Or Mobile Application or the Services or the information to which it gives access.

10.CONTACT INFORMATION GRIEVANCE OFFICER

10.1If a User has any questions concerning MedVault, the Website And / Or Mobile Application, this Agreement, the Services, or anything related to any of the foregoing, MedVault customer support can be reached at the following email address: support@medvault.in or via the contact information available from the following hyperlink: https://www.medvault.in

10.2In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website And / Or Mobile Application or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Mr Arjun

Unit #117, Ground Floor, Shree Complex, St Johns Road, Sivan Chetty Gardens, Bangalore-560042
Phone:9741858222
Email: privacy@medvault.in

In the event you suffer as a result of access or usage of our Website And / Or Mobile Application by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

11.SEVERABILITY

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.

12.WAIVER

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 MedVault. Any consent by MedVault to, or a waiver by MedVault 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.

13. MEDVAULT’S MY HEALTH PLAN – USER TERMS AND CONDITIONS

For the purposes of the following terms and conditions (“MedVault’s My Health Plan Terms”), the service provided to You (as defined below) is facilitation of consultation and other benefits, as detailed hereinafter, with the Medical Practitioners or Healthcare Providers (healthcare providers including all its doctors, agents, employees) registered pharmacies which facilitate the medicine orders (“Registered Pharmacies”) and diagnostic centres which conduct diagnostic tests (“Diagnostic Centres”), and other benefits that MedVault may offer in future, as a part of the subscription to the MedVault’s My Health Plan (“My Health Plan Service” / “My Plan”). MedVault operates and facilitates My Health Plan Service provided through the Website And / Or Mobile Application.

13.1 NATURE AND APPLICABILITY OF TERMS

Please go through these MedVault’s My Health Plan Terms carefully before you decide to avail My Health Plan Service facilitated by MedVault on its Website And / Or Mobile Application. MedVault’s My Health Plan Terms set out herein are in addition to the MedVault Terms and Conditions (available at https://www.medvault.in/terms) read with the Privacy Policy (available at https://www.medvault.in/privacy), (the Terms and Conditions and Privacy Policy are together referred as “Standard Policies”) and together they constitute a legal agreement between You and MedVault. The Standard Policies and MedVault’s My Health Plan Terms are to be read in connection with Your visit to the Website And / Or Mobile Application and Your use of My Health Plan Service respectively. To the extent of any inconsistency between the Standard Policies and MedVault’s My Health Plan Terms herein, MedVault’s My Health Plan Terms herein shall prevail over the Standard Policies to the extent of the inconsistency.

These MedVault’s My Health Plan Terms apply to any person who subscribes to the My Health Plan Service on behalf or for the benefit of a patient, either individually or inclusive of his/her family members / relatives. The primary user is required to be registered on the Website And / Or Mobile Application and should have subscribed to the My Health Plan Service. For the purposes of these MedVault’s My Health Plan Terms, the primary subscriber to the My Health Plan Service is an individual designed as primary user (“Primary User”) in the Plan Page (as defined hereafter), who subscribes to the My Health Plan Service either individually and/or for benefit of other members, which could include any other individual nominated by the Primary Member (hereinafter collectively known as the “Covered Members”). The Covered Members and a Primary User are collectively and individually hereinafter referred to as the “You” / “Your” / “User” / “Users”. As a part of availing the My Health Plan Service, You may choose different packages available pursuant to the My Health Plan Service / Plan which best suits Your needs as per the plan details set out in your MedVault application And / Or Website (“Plan Details”). The User specific details will be visible to You on Your More page (“More Page”) hosted on Your MedVault application.

If you have any questions about any part of these MedVault’s My Health Plan Terms, feel free to contact us at support@medvault.in

By availing the My Health Plan Service, you signify your acceptance of the terms of the Standard Policies and these MedVault’s My Health Plan Terms.

We reserve the right to modify or terminate any portion of these MedVault’s My Health Plan Terms and the Standard Policies for any reason and at any time, and such modifications shall be informed to You by appropriate notifications on the Website And / Or Mobile Application. You should read these MedVault’s My Health Plan Terms and the Standard Policies at regular intervals. Your continued availing of My Health Plan Service following any such modification constitutes your agreement to follow and be bound by these Terms and the Standard Policies so modified.

You acknowledge that you will be bound by these MedVault’s My Health Plan Terms specifically for availing any of the My Health Plan Service. If you do not agree with any part of these MedVault’s My Health Plan Terms and/or the Standard Policies, please do not use the Website And / Or Mobile Application or avail the My Health Plan Service.

Your access and use of the My Health Plan Service will be solely at the discretion of MedVault.

13.2 CONDITIONS OF USE

You must be eighteen (18) years of age or older to register on the Website And / Or Mobile Application for availing the My Health Plan Service as a Primary User. As a Primary User, You can add minors as Covered Member(s) under the My Health Plan Service availed and subscribed to with the express understanding that the Primary Member shall be entirely responsible and liable on all counts for compliance with these MedVault’s My Health Plan Terms for and on behalf of such Covered Member who is below the age of majority. By registering, visiting and using the Website And / Or Mobile Application for availing the My Health Plan Service or accepting these Terms and the Standard Policies, You represent and warrant to MedVault that You are eighteen (18) years of age or older and have the appropriate authorization to contract on behalf of a Covered Member who is below the age of majority, and that You have the right, authority and capacity to use the Website And / Or Mobile Application for availing the My Health Plan Service and agree to and abide by these Terms.

13.3 TERMS OF THE MY HEALTH PLAN SERVICE

13.3.1 Term: The My Health Plan Service subscribed by You will be valid for the period as per the Plan Details commencing from the date of the subscription of the My Health Plan Service (“Term”). After the expiry of the Term or during the term at any point you can upgrade And / Or you may choose a different Plan as per the My Health Plan Details and subscribe thereto or renew Your existing subscription, on such terms that are valid and subsisting as on date of subscription or renewal. The benefits under the My Health Plan Service cannot be carried forward after the expiry of the Term.
13.3.2 Registration: The Primary User is a registered user on the Website And / Or Mobile Application and has subscribed to the My Health Plan Service on the Website And / Or Mobile Application by paying the applicable fees as per the My Health Plan Details. You could avail the Plan solely for You or for Yourself and any Covered Member(s). Each Covered Member, who is covered by the My Health Plan Service subscribed by You will have to follow an authentication mechanism to utilize the Health Plan Service. The maximum number of permissible Covered Members per each Primary User will be set out in the My Health Plan Details.
13.3.3 Information: As a part of the registration process for My Health Plan Service, you will fill in certain personal information and details in order to create a medical history and profile which will be accessible to the Medical Practitioners or Healthcare Providers. The information shared by You will be dealt with in accordance with the Standard Policies.
13.3.4 My Health Plan Service details: As a part of My Health Plan Service, You are entitled to benefits (which may include such number of consultations, offers on medicines which are ordered through the Website And / Or Mobile Application, discounted health check-ups, discounts / offers on diagnostics tests and Family Doctor benefit, or any other benefit that MedVault may offer in the future) that are set out in the My Health Plan Details.
13.3.5 My Health Plan Service process: After subscribing to My Health Plan Service, You will be eligible to avail the benefits covered under the My Health Plan Service as under:
Consultations: Covered Consultations and their Utilization: As part of the My Health Plan Service, You are entitled to any number of consultations with Covered Medical Practitioners or Healthcare Providers (“Covered Consultations”). For the purposes of these Terms, “Covered Medical Practitioners or Healthcare Providers” are those Medical Practitioners or Healthcare Providers who have been onboarded by MedVault to provide You the Covered Consultation as part of My Health Plan Service. The number of Covered Consultations that You are eligible for shall be displayed under Your My Health Plan Page. The Covered Consultations can be availed by You either by booking through the Website And / Or by using the Book Appointments facility on the Mobile Application or by way of a walk-in. It is clarified that the benefits under the Covered Consultations will be calculated cumulatively and not per member. Illustratively, 1 Primary User has subscribed to the My Health Plan Service with 4 Covered Members who are cumulatively entitled to 10 Covered Consultations. This means that as a group (Primary User and the Covered Members) the number of Covered Consultations is 10. These 10 Covered Consultations can be utilized by 1 individual User or more than 1 individual user in such combination and proportion that they choose as a group. Further, if You have exhausted the Covered Consultations under the My Health Plan Service, You will still be able to avail other benefits which are a part of the My Health Plan Service, however, if You seek a consultation with the Covered Medical Practitioners or Healthcare Providers after exhausting the Covered Consultation, You will have to pay to the Covered Practitioner their standard rate. If before the expiry of the Term, You have exhausted the Covered Consultations that You were eligible for, You may have no option to renew My Health Plan Service solely for the purpose of subscribing to additional number of Covered Consultation during the Term.
Authentication: If You are booking a Covered Consultation through MedVault’s Book Appointment facility, then the My Plan Details, shall indicate such Covered Consultation to have been consumed at the time of booking such Covered Consultation, unless you have cancelled it as per permissible timelines set out in the Standard Policies. However, if You are availing the Covered Consultation by way of a walk-in appointment, then the Plan Details shall indicate such Covered Consultation to have been consumed once You authenticate Your booking at such Covered Practitioner’s establishment.
Medicine: As part of the My Health Plan Service, You are eligible to receive offers on order of medicines (as offered for sale by Registered Pharmacies which are the sellers of such medicines) through the Website And / Or Mobile Application during the Term as per the Plan Details. The type of offers will be set out under your My Health Plan Details. The offers on purchase of medicines is available only on purchase of medicines through the Website And / Or Mobile Application and not via any other mode. For the purposes of these MedVault’s My Health Plan Terms, “Registered Pharmacies” are those pharmacies who have been on-boarded by MedVault to offer You sale of medicine as part of the My Health Plan Service through the Website And / Or Mobile Application.

It is to be noted that MedVault is not the seller of the medicines but only a facilitator which facilitates procurement of medicine between You and a Registered Pharmacist. MedVault is in no manner liable for or responsible towards the underlying medicine sale between the User and the registered pharmacist. MedVault here by disclaims and excludes all warranties with respect to all services, information and/or products contained on a medicine order, express, implied or statutory.
Diagnostics: As part of Health Plan Service, You will be eligible to receive discounts / offers on the diagnostic tests availed by You (undertaken by Diagnostic Centres) through the Website And / Or Mobile Application for the Term as per the Plan Details. The quantum of the discount or type of offers will be set out under your My Health Plan Details. For the purposes of these Terms, “Diagnostic Centres” are those diagnostic centres who have been onboarded by MedVault to offer You diagnostic tests under the My Health Plan Service. It is to be noted that the terms applicable to MedVault and User on diagnostic tests will apply ‘as is’ under these Terms. The lab that You choose for the diagnostic test will offer at-home diagnostic service and may offer walk-in tests at its discretion. It is clarified that all diagnostic tests may not be covered under My Health Plan Service which is at the discretion of such Diagnostic Centres. It is further clarified that MedVault does not conduct any diagnostic tests but is only a facilitator between the User and the Diagnostic Centres. MedVault is in no manner liable for or responsible towards the actual test and analysis undertaken by the Diagnostic Centre. MedVault disclaims and excludes all warranties in relation to any diagnostic service availed by the User as part of the Health Plan Service.
Health Check-ups: As a benefit extended to You as a subscriber to My Health Plan Service, You will get health check-ups at discounted fees during the Term. The details (including the number) of health check-ups will be visible to You under your My Health Plan Page. As with Covered Consultations, the Primary User and the Covered Members may, as a group, choose to avail the health check-ups in such proportion amongst themselves as they deem fit. Health check-up would be provided by the Covered Medical Practitioners or Healthcare Providers and the Diagnostic Centres.
Specialist Doctor: As a part of the My Health Plan Service, You will also be eligible to avail the benefit of online tele-consultation with a team of Medical Practitioners or Healthcare Providers (“Specialist Doctor”). The Specialist Doctor will be available to You for consult. The Specialist Doctor benefit may be availed either through a video call. The Standard Policies applicable to You with regard to the online consultation (MedVault Consult / Consult) will apply “as is”. Please note that the benefit of Specialist Doctor Consult is merely a consulting model and any interactions and associated issues with the Practitioner acting as Specialist Doctor, including but not limited to the Your health issues and/or Your experiences is strictly between You and such Practitioner. You shall not hold MedVault responsible for any such interactions and associated issues. Any conversations that You have had with Specialist Doctor will be retained in MedVault database as per the applicable laws and subject to confidentiality as laid out in the Standard Policies. Additionally, MedVault in no manner endorses any Practitioner who is acting in the capacity of Specialist Doctor, that You consult and is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by such Specialist Doctor on the basis of the consultation. Further, MedVault shall not be responsible for any breach of service or service deficiency by such Practitioner. It is further clarified that MedVault is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible and owns no liability to either You or any Practitioner for any outcome from the consultation between You and such Practitioner. The Specialist Doctor benefit is made available to You to obtain consultation from a Practitioner as a part of the My Health Plan Service and is in no way intending to replace physical consultations with the Practitioner.
14.3.6 Payment for the Health Plan Service: You will pay to MedVault at the time of subscribing to the My Health Plan Service, at the rates set out in the My Health Plan Details. At the time of visiting the establishment of the Practitioner for Covered Consultation, You are not required to pay any amount as you have already paid on our website And / Or Mobile Application Whilst booking the appointment. After availing the Covered Consultation service, You are required to let the billing department of such Practitioner’s establishment know, that You have availed it by way of a Covered Consultation as part of My Health Plan Service which will then be authenticated by the Practitioner’s establishment.
14.3.7 Health Plan Service Cancellation and Refund Policy: Unless specified otherwise by MedVault, the My Health Plan Services offered by MedVault are non-refundable and non-transferable. Further, You may have no option to cancel the subscription to the My Health Plan You have subscribed to. MedVault will not refund the amount of subscription to the My Health Plan Service by You.

14.3.8 As a part of Health Plan Service, You are entitled to certain discounts, offers and benefits. It is clarified that none of these benefits under My Health Plan Service can be redeemed for cash.

14.4 APPLICABILITY OF THE STANDARD POLICIES
The MedVault’s My Health Plan Terms herein are required to be read in conjunction and addition with the applicable user terms under the Standard Policies. In case of any inconsistency between the MedVault’s My Health Plan Terms and the Standard Policies, the Terms will prevail to the extent of the inconsistency.