Mediquik Terms and Conditions

Terms & Conditions of Use of Mediquik Plan

BY USING THE SERVICE INCLUDING TELEHEALTH SERVICE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS & CONDITIONS OF USE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in this agreement, and that you consent to resolve any dispute within the jurisdiction of Mumbai, India, that you may have with us, our suppliers, or the Site. Please note that we offer the Site and The Services “AS IS” and without warranties.

This agreement (“Terms & Conditions of Service”) governs your use of the Site and The Services as a Member. By registering or using the Service, you agree to be bound by the Terms & Conditions of Use without modification.

Please make sure You read these Terms & Conditions of Use thoroughly before registering.

Definition

As used in these Terms & Conditions of Use, “MyCare”, “We”, “Us” and “Our” refer collectively to MyCare Health Solutions Private Limited. The MyCare Mediquik Portal is Licensed to MyCare and it is owned and operated by its technology partners.

“You” and “Member” refer to You as well as other individuals authorised by you to avail Mediquik Service, the users of this Service. “Software” and “Hardware” includes all software/hardware that comprises the Service or is used to interact with the Service, and includes all software and hardware provided by Our Suppliers. Everything we offer on the Site and in conjunction with this site /App including Tele Health is referred to in these Terms & Conditions of Use collectively as “the Service.”

About the Mediquik Service:

  • Mediquik service is free 24 X 7 doctor consultation service to be accessed through Mediquik Hub App or desktop only.  
  • The designated persons who can avail the services are restricted to the employees, employed and present at the designated location as well as genuine customers present at the designated location. 
  • This service is strictly not for commercial use and for any other persons.  
  • One licence is available for employee strength only up to 25.  In case, the establishment has more employees, they can opt for additional licences for every 25 employees. 

About the Site /App

The Site/App contains a range of information and tools relating to health and wellness. There is medical information about you, received or generated from other MyCare platforms due to you availing services with MyCare. There is personal  and medical information that you may have uploaded onto the Mediquik Site/APP . Medical information is derived out of Member’s interactions or engagements while availing other services from MyCare. Content submitted by users may be reviewed or verified by us.

About the Tele Health Services.

Tele Health involves the use of electronic communications to enable healthcare providers at different locations to share individual patient medical information for the purpose of improving patient care. Tele Health services offered by MyCare and its Affiliates may also include chart review, remote prescribing, appointment scheduling, health information sharing, and non-clinical services, such as patient education. The information you provide may be used for diagnosis, therapy, follow-up and/or patient education, and may include any combination of the following: (1) health records and test results; (2) images and asynchronous communications; (3) live two-way audio and video; (4) interactive audio with store and forward; and (5) output data from medical devices and sound and video files.

The electronic communication systems we use will incorporate network and software security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.

Tele Health Professionals including Doctors are an addition to, and not a replacement for, your primary care physician. Responsibility for your overall medical care should remain with your local primary care doctor.

Changes to These Terms & Conditions of Use

These Terms & Conditions of Use may be updated / modified from time to time by MyCare and you may not be informed. We reserve the right to include additional terms and conditions as and when required. It is your responsibility to review these Terms & Conditions of Use from time to time. Your use of the Services or access to the MyCare Member Portal constitutes your agreement to the Terms & Conditions of Use as they appear at the time you use the Services or access to the MyCare Member Portal.

Your Representations for Authorised Use

You represent and warrant that You have the legal right and ability to enter into these Terms & Conditions of Use and to use the Service.

Password Confidentiality and Computer Security

You are alone responsible for keeping your password confidential and for the security of any computer you use to access the Service. You agree to notify MyCare if you become aware that your password has been compromised or that there is any other security problem with the Service.

Privacy Policy

Your privacy is very important to us. Your personal medical data is your property and the laws require health care providers to protect the privacy and the security of health information. MyCare will take steps to make sure that your health information is not seen by anyone who should not see it. 

  • You agree that your medical data can be used by MyCare medical professionals and can share with other medical professionals for effective diagnosis and treatment.
  • You agree that telehealth may involve electronic communication of your personal medical information to other health practitioners who may be located in other areas, including out of state or country.
  • You agree that your de identified data after aggregation can be used by MyCare for benchmarking and public health research.
  • You acknowledge and agree that audio/video tele health recordings will be made and can be accessed by authorised personnel for internal training and quality purposes only.
  • You agree that your healthcare information may be shared with other individuals for scheduling and billing purposes. 
  • You agree that persons may be present during the consultation other than the provider in order to operate the telehealth technologies. In such cases, you will be informed of their presence in the consultation, and thus, you will have the right to request the following: 

(1) omit specific details of my medical history/examination that are personally sensitive to you; 

(2) ask non-medical personnel to leave the telehealth examination; and/or 

(3) terminate the consultation at any time.

Your Obligation to Verify Information uploaded via External Reports

You are solely responsible for all information uploaded, stored or communicated by you while using the Service, Software or Hardware. You agree to verify the accuracy and completeness of all information communicated to your physicians and other healthcare provider(s) using the Service. You authorize MyCare to audit all data, content uploaded by you through the External Report section. You agree that MyCare has the authority / right to remove all data, information which it considers to be irrelevant for the purpose of providing services to You.

Your Responsibilities

You will notify MyCare or Your physician if you find any inaccuracy or incompleteness in the information provided to you in the Consultation Note/Visit Summary.. You agree that Mycare shall not be liable for any inaccuracy or incompleteness of any such information.

You are responsible for all use of the Site, App, and Services using your Credentials, including use by others to whom you have given your Credentials. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. You may notify us by contacting Member Support Desk at member@mycarehealth.in. You may use the Site and Services for lawful, non-commercial purposes only.

When participating in our communities or providing ratings, you must comply with the posting Guidelines. You may not use the Site and App  in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site and Services. You may not attempt to gain unauthorized access to any Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.

Limitation on Use of Automated Tools

You may not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission. You agree not to violate any of the access policies and acknowledge that any violation of the policies may result in termination of your membership with MyCare, deactivation or deletion of your registration and all related information and files you have stored, and preclusion of any further access to such files or the Site.

No Spam

You may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site/App immediately and take other legal action if you or anyone using your Credentials violates these provisions.

Content You  Submit

You also will have the opportunity to submit ratings of Doctors on the Site. It is important that you act responsibly when providing these ratings. Please give clear, honest information about the Doctor or hospital and your experiences, but do not use inappropriate language or make gratuitous personal criticisms or comments. You (or the author) continue to own the copyright in your postings but, by submitting postings to public areas of the Site, you grant us and our affiliates the right to use, copy, display, perform, distribute (through multiple tiers of distributors), adapt, translate, edit, and promote your postings in any medium and any manner we choose, and to use your display name to attribute your postings to you if we so choose.

While some community areas are monitored for topicality, we have no obligation to pre-screen Postings, and are not responsible for their content. We encourage you to notify us of inappropriate or illegal content and we reserve the right to remove postings for any reason. We are not; however, responsible for any failure or delay in removing postings. Keep in mind that the postings of others are simply their opinions and you should not rely on them.

In addition to postings, you may submit feedback to us at member@mycarehealth.in. We welcome your feedback regarding our Site and Services. You agree that we may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Site or Services, and that we will own all intellectual property that we create based upon or incorporating your feedback.

Links

We may use freely available graphical content available on the internet. We do not intend to violate any copyrights. Due care has been exercised to ensure no infringement of any copyrights has taken place. However, if we have infringed upon any copyright, the owners may come forward and inform us. We shall immediately take the offending content down. Our company policy does not permit rewarding or reimbursing, either in cash or kind, the copyright owner for any graphical content used by mistake.

Use of the Service, Software, and Hardware

We hereby grant you a non-exclusive, non-transferable, revocable right, without the right of sublicense, to access and use the Service and Software, subject to these Terms & Conditions of Use. You may use the Software and Service solely for your own and your employees and customers personal and non-commercial use.  

Service Activation

In case of deactivation due to non-payment of dues on time, the service to you may be activated between 3 to 7 working days from the date of payment realization by MyCare. We try our best to deliver the best turn-around-time; however in certain situations, service activation may take longer; You will be notified about the same, as the case may be.

Support

We shall provide you with basic online support, from 10am to 6.30pm – Monday to Friday (Excluding Holidays) at no additional charge. We shall put in best effort to keep the website, the App, and services running, 24 hours across the year except, for any Planned Downtime (for which we shall give you a prior notice) or any Force Majeure event.

Refund Policy:

You can get full refund within 15 days of making payments subject to you have not started utilising the service and no successful consultation has taken place. You can simply email to support@mycarehealth.in with your details to request refund.

No Unlawful or Prohibited Use

You agree that you will not use the Mediquik Service, Software or Hardware for any purpose that is unlawful or prohibited by these Terms & Conditions of Use. You may not use the Mediquik Service  in any manner that could damage, disable, overburden or impair the Site/app or interfere with any other party’s use and enjoyment of the Service. The Mediquik Plan is location specific and it is designated to be accessed through Mediquik Hub App by employees / valid customers present at the location only.  Any misuse will result in deactivation. MyCare will be final authority to decide about such deactivation for unlawful or prohibited use.

Your Use of Content & Restrictions

All of the Content except for your data in the form of medical records and tracker details, available on or through the Services and/or the Site is owned by us, our suppliers, and our contributors, and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information. You acknowledge and agree that the Service and the Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except for information you provide, all content on the Service is copyrighted by us and/or one or more of our suppliers.

You may download and/or print a copy of information provided on this Service for your personal use only, provided You keep all copyright and trademark notices intact. All Software is Licenced by MyCare and/or owned by its Suppliers and is protected by copyright laws and international treaty provisions. You may not reproduce (except as specifically set forth herein), download, modify, create derivative works from, distribute, or attempt to reverse engineer, decompile, disassemble, or access the source code for the Software.

Any reproduction or redistribution of the Software is expressly prohibited by law and may result in severe civil and criminal penalties. You may not, copy, paraphrase, omit, display, store, timeshare, rent, lease, sublicense, publish, distribute, transmit, create derivative works from, transfer, assign, sell or commercially exploit in any manner whatsoever the Software or content on Our Website. All marks displayed on the Service or in the Software are our or our Supplier’s trademarks or service marks (both registered and unregistered).

No right license or interest in such marks is granted to you under this Agreement. You agree that you will not assert any such right, license or interest with respect to such marks.

Your Use of TeleHealth Services.

You acknowledge and agree that TeleHealth Services have the following risk-

  • Delays in evaluation and treatment could occur due to deficiencies or failures of the equipment and technologies.
  • In rare events, our provider may determine that the transmitted information is of inadequate quality, thus necessitating a rescheduled telehealth consult or a meeting with your local primary care doctor.
  • In very rare events, security protocols could fail, causing a breach of privacy of personal medical information.
  • In rare events, a lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other judgment errors.

Further 

    1. You agree to receiving MyCare’s services via TeleHealth technologies. You agree that MyCare and its providers offer telehealth-based medical services, but that these services do not replace the relationship between you and your primary care doctor. You also agree that it is up to the MyCare provider to determine whether or not your specific clinical needs are appropriate for a telehealth encounter.
    2. You agree that MyCare Telehealth services will only commence after you have logged in your account and answered all the required health questions and the MyCare provider has subsequently reviewed your responses to all the required health questions and/or information received and then subsequently determined that you are a good candidate for the telehealth services. 
    3. You agree there is a risk of technical failures during the telehealth encounter beyond the control of MyCare. You agree to hold harmless MyCare for delays in evaluation or for information lost due to such technical failures.
    4. You agree that you have the right to withhold or withdraw your consent to the use of telehealth at any time, without affecting your right to future care or treatment. You agree that you may suspend or terminate use of the telehealth services at any time for any reason or for no reason. 
  • You agree that if you are experiencing a medical emergency, than you will contact other emergency services offered by any other public or local private providers as the Telehealth services provided by MyCare are not for emergency situations. In case of medical emergencies/ accident/trauma, it is advised that the member/family should not wait or rely on the service provider. They must initiate the measures to shift the person to the nearest hospital which has an ICU facility. The service provider assures to facilitate the process with the shortest possible turnaround time; however, in case of any mishap/ loss of life the service provider should not be held accountable for delay or act of negligence
  1. You agree that Tele-Health Services will be provided in absence of physical examination, personal medical history, and family medical history. In the absence of all the above, MyCare physician may not have access to all medically relevant information that may limit or affect his or her assessment or diagnosis of your condition, and recommended treatment. Hence, MyCare physician cannot be held liable for any medical error arising out of the above. 
  2. You agree that Tele Health Services rendered by professionals are subject to their professional judgment.
  3. You agree there is no guarantee that you will be given a prescription at all.


International Use

Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside India, you do so, on your own initiative and you are responsible for compliance with local laws.

Disclaimer of Warranty

THE MEDIQUIK WEBPAGE, APP AND THE SERVICE AND SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION, SERVICE, SOFTWARE OR RELATED GRAPHICS CONTAINED ON OR PROVIDED THROUGH THE MYCARE MEMBER PORTAL FOR ANY PURPOSE.

MYCARE AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICE AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU MAY USE CERTAIN THIRD-PARTY SOFTWARE (INCLUDING WEB BROWSERS) OR HARDWARE IN CONNECTION WITH ACCESSING THE SERVICE AND SOFTWARE.

WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE OR SUITABILITY OF SUCH THIRD-PARTY SOFTWARE OR HARDWARE. THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE AND SUITABILITY OF SUCH THIRD-PARTY SOFTWARE OR HARWARE LIE SOLELY WITH YOU AND THE VENDOR OR SUPPLIER OR SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT, AS THE CASE MAY BE.

THE INFORMATION, SOFTWARE AND SERVICE INCLUDED IN OR AVAILABLE THROUGH THE MYCARE MEMBER PORTAL MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE MYCARE MEMBER PORTAL AND THE INFORMATION, SOFTWARE AND SERVICE AVAILABLE ON THE SITE. YOU UNDERSTAND THAT WE AND OUR SUPPLIERS CANNOT AND DO NOT WARRANT THAT FILES AVAILABLE THROUGH THE SERVICE OR THE SOFTWARE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. WE DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND THE SOFTWARE, AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE AND THE SOFTWARE IS AT YOUR SOLE RISK.

General Limitation of Liability

Neither MyCare, nor any of its officer, promoters, directors, employees, agents, healthcare professionals or Suppliers (referred to as “MyCare released parties”)shall be liable for losses or damages arising from input errors or misuse of the Service, negligent handling or sharing of any password, leaving a computer unattended during an online session or failure to sign off at the end of your session, compromise of any password or account privacy arising from security problems with any computer you use to access MyCare Member Portal, the Service or Software, or your failure to report a known incident of unauthorized account access or incorrect information.

IN NO EVENT SHALL MYCARE RELEASED PARTIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY AND ALL ERRORS AND OMISSIONS, KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, KNOWINGLY OR UNKNOWINGLY, AS WELL AS ALL CLAIMS, ACTIONS OR DAMAGES ARISING FROM OR IN CONNECTION WITH THE ONLINE  CONSULT, CONCLUSIONS OR RECOMMENDATIONS PROVIDED BY MYCARE OR ITS PHYSICIANS FOR LOSS OF USE, WITH THE DELAY OR INABILITY TO USE THE MYCARE MEMBER PORTAL OR THE SERVICES OR SOFTWARE, OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF THE MyCare MEMBER PORTAL OR THE SERVICES  OR SOFTWARE, 

Furthermore, you agree that the MyCare Released Parties have no liability or responsibility for the accuracy or completeness of the medical information submitted to them or for any errors in its transmission

EVEN IF WE OR OUR SUPPLIERS KNOW OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MyCare MEMBER PORTAL, MYCARE SERVICES INCLUDING TELEHEALTH SERVICE OR SOFTWARE, OR ANY OF THESE TERMS & CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MyCare MEMBER PORTAL, THE SERVICE, AND THE SOFTWARE.

As losses and damages, if any, arising from Your use of the Services and the Software and from Your access to the MyCare Member Portal would be difficult, if not impossible to assess, You agree that THE TOTAL LIABILITY OF MyCare, ITS OFFICERS, PROMOTERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, IF ANY, FOR ACTUAL LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY YOU MYCARE MEMBERSHIP FEES, OR DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LOSSES OR DAMAGES.

MyCare HEREBY DISCLAIMS ANY LIABILITY TO YOU, THE USERS OF YOUR ACCOUNT, OR LINKED TO YOUR ACCOUNT, OR ANY OTHER PARTY FOR ANY DAMAGES OR INJURY THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE YOUR PERSONAL HEALTH PORTFOLIO, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF SUCH ACCOUNT UNDER ANY LEGAL THEORY OR CAUSE OF ACTION.

NEITHER WE NOR OUR OFFICERS, PROMOTERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO THOSE ARISING OUT OF THE USE OF THE PERSONAL HEALTH RECORD SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE PERSONAL HEALTH RECORD SERVICE.

Force Majeure

MyCare shall not be liable for any failure to perform any of its obligations under this Terms & Conditions of Use if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues to prevent or delay such performance.

“Force Majeure Event” means any event due to any cause beyond the reasonable control of MyCare including but not limited to the delays due to act of God, floods, sabotage, fires, explosions, accidents, earthquakes, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, hostilities, acts of government, custom barriers, unavailability of any communication system, breach or virus in the processes or storage data systems, computer hacking, unauthorized access to computer data and storage devise, computer crashes, system crashes, technical flaw/error, breach of security and encryption, etc and such other causes of like character beyond the control of MyCare.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, MyCare, ITS OFFICERS, PROMOTERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS FROM AND AGAINST ALL CLAIMS, ACTIONS OR DEMANDS, LIABILITIES, AND SETTLEMENTS, INCLUDING BUT NOT LIMITED TO, REASONABLE LEGAL AND ACCOUNTING FEES RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR VIOLATION OF THESE TERMS & CONDITIONS OF USE OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING BUT NOT LIMITED TO USE OF THE SERVICE INCLUDING TELEHEALTH SERVICE AND SOFTWARE, INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE INCLUDING TELEHEALTH SERVICE, SOFTWARE OR THIS WEBSITE USING YOUR ACCOUNT.

Applicable Law and Jurisdiction

These Terms & Conditions of Use will be governed by Indian law for all purposes, including Website and services use and product purchases, without regard to or application of choice of law rules or principles. You hereby consent to the jurisdiction and venue of the courts of Mumbai, India.

Severability

If any provision of these Terms & Conditions of Use or of any other legal notices posted by us on this Website is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in such provision, and the other provisions of the Terms & Conditions of Use should remain in full force and effect.

Waiver

Our failure to exercise or enforce any right or provision of these Terms & Conditions of Use or other legal notices posted by us on this Website shall not constitute a waiver of such right or provision. No waiver of any of these Terms & Conditions of Use or of any other legal notices posted by Us on this Website shall be deemed a further or continuing waiver of such term or condition or any other term or condition. No Modification by Course of Conduct or Trade Practice.

Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms & Conditions of Use or of any other legal notice posted by Us on this Website.

Assignment

We may assign our rights and duties under these Terms & Conditions of Use to any person / Company at any time without notice to You or Your approval.

We may assign this contract at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and Services under the new ownership. You may not assign this contract to anyone else.

Additional Terms

Certain Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Service. If you choose to register for or access any such Service, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

Electronic Contracting and Notices

Your affirmative act of using this Site and/or registering for the Site or Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically.

You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, Notices). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration or updated under your profile information in the MyCare Member Portal, or (2) by posting the Notice on the applicable Service or otherwise through the Site.

The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can retrieve an electronic copy and a printable version of this contract by clicking on the Terms of Service link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

Complete Agreement

This contract along with the declarations signed by You at the time of enrolment and any supplemental terms, policies, rules, and guidelines posted on the Site and the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements.

These Terms & Conditions of Use and all other legal notices (including but not limited to these Terms & Conditions of Use constitute the complete agreement between You and Us with respect to the use of the MyCare Member Portal, the services, and the Software. You also may be subject to additional terms and conditions that may apply when You use third-party content or third-party software.

Choice of Law and Location for Resolving Disputes

You agree that the law of the Republic of India governs this contract and any claim or dispute that you may have against us or our suppliers and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved within the territorial jurisdiction of the Hon’ble High Court at Mumbai, India.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF HON’BLE HIGH COURT OF MUMBAI, AND VENUE IN, STATE OR FEDERAL COURTS IN THE Jurisdiction of Mumbai High Court OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SITE, THE SERVICE INCLUDING TELEHEALTH SERVICE OR THE AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE territorial jurisdiction of Hon’ble High Court at Mumbai, India FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Procedures for Making Claims of Copyright Infringement

We respect the intellectual property of others, and we ask our suppliers and those posting to this Site to do the same. If you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing the following information:

  1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
  2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
  3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example, the URL of the website where it is posted or the name of the book in which it has been published.
  4. Identification of the URL or other specific location on this Site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
  5. Your name, address, telephone number, and email address so that we may contact you.
  6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  7. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.