Please carefully go through these terms and conditions before you decide to access the services offered by MediTimes. These Terms and Conditions constitute a legal agreement (“Agreement”) between you and MediTimes in connection with your visit to the Website and/or usage of the application “MediTimes MIND” and your use of the Services (as defined below).
The online website and the mobile application would be referred as “website” and “Application” respectively.
The Agreement applies to you whether you are:
i. A medical practitioner (whether an individual professional or an organization) wishing to be listed, or already listed, on the Website/Application, including designated, authorized associates/staff of such practitioners or institutions (“Practitioner(s)”, “you”,“User” and “Consultant”); or
ii. The practitioner accepts being listed on the website/application and their profiles and contact details, to be made available to the other Users and visitors to the Website/application.
iii. The practitioner is to note that the services offered by MediTimes may change from time to time, at the sole discretion of the company, and the Agreement will apply to all your patient visits through MediTimes, as well as to all information provided by you on the Website/application at any given point in time. This Agreement defines the terms and conditions under which you are allowed to use the Website/Application and elucidates the manner in which your account shall be treated 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 firstname.lastname@example.org.
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 on this page and you should read the Agreement at regular intervals. Your use of the Website/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/Application or avail any Services.
Your access to use of the Website/Application and the Services will be solely at the discretion of MediTimes.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
i. the Indian Contract Act, 1872,
ii. the (Indian) Information Technology Act, 2000, and
iii. 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”).
You must be 18 years of age or older to register, use the Services, or visit or use the Website/Application in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to MediTimes that you are 18 years of age or older and abide by this Agreement.
3.1. MediTimes would act only as a platform for users to book appointments with a medical practitioner of their choice.
3.2. MediTimes would list the doctor on the platform with all relevant details directly or indirectly. MediTimes reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website/application in connection with you and your profile is found to be incorrect, you are required to inform MediTimes immediately to enable MediTimes to make the necessary amendments.
3.3. The company has the right to enter into similar agreements with any other party at any time, even while this agreement is continuing and the consultant unequivocally agrees to this. 3.4. MediTimes reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website/application. However, MediTimes shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website/application.
3.6. You as a Practitioner (Consultant) 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 MediTimes accepts no liability for the same.
3.7. The format in which the list of practitioners is presented to the end-user is based on a proprietary internally laid-down algorithm designed in the best interest of the end-user. The algorithm is pure merit driven (seniority/experience/qualification/user reviews/ratings/service levels/etc) which cannot be altered. MediTimes shall not be liable for any effect on the consultant’s business interests’ due to the change in the relevance algorithm.
3.8. Practitioner understands that, MediTimes shall not be liable, under any event, for any comments or feedback or ratings 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 MediTimes.
4.1. The Designated consultant shall be responsible for maintaining all legal compliances, records, statements, reports, as applicable under various existing laws and enactments and ones amended or enacted from time to time.
4.2. The consultant also ensures that all info provided by him/her is true to the best of their knowledge and in case any of the above information is found to be false or untrue or misleading or misrepresenting the practitioner can be held liable for it.
4.3. Practitioner hereby represents and warrants that he/she
4.3.1. is qualified to provide medical services within the territory of India;
4.3.2. has obtained all licenses as required by law to provide medical services and has not committed any act or omission that might prejudice its continuance or renewal; and
4.3.3. has provided MediTimes true, accurate, complete and up to date details about their qualification and credentials.
4.3.4. Also agrees to provide any other compliance related information or data as required by law or by MediTimes for better services to uses from time to time.
4.5. Any communication sent by or through MediTimes to the consultant is based solely on information uploaded by the Users. MediTimes shall not be responsible for the incompleteness or inaccuracy such information.
4.6. The consultant is expected to maintain confidentiality with regards to all past/present/future medical data of the patient in question and must use this data only for instances that benefit the concerned patient medically.
4.8. The payment to be collected from the customer/patient shall be the responsibility of the consultant. This will be reviewed from time to time with the planned introduction of payment solutions for customers/patients and shall be appropriately understood and revised to accommodate online payment through the app.
4.9. The artificial intelligence algorithm is a proprietary software that learns and adapts constantly based on the various scenarios and specialities. It also learns and stores your preferences.
4.10. The AI takes into account multiple variables including but not limited to the symptoms, vitals, allergies etc and uses logical and intuitive machine learning methods to provide suggestions that must be viewed as recommendatory in nature. The Consultant is at liberty to consider and / or change in part or in toto these suggestions keeping in mind best clinical practices and patient interests.
4.11. The consultant clearly accepts that all such suggestions are recommendatory in nature and he/she are at full liberty to override any or all of these suggestions as he/she deem fit as considered necessary for the patient safety and welfare.
4.12. It is with this view that MediTimes continues to provide an option for the doctors to override or add/delete or change any particular part of the prescription or the entire prescription itself.
4.13. The consultant also understands and agrees for the AI to use all information inputted directly/indirectly for improving the personalized recommendatory data and for improving the suggestions on a whole.
4.14. MediTimes stands absolved from Medico-Legal aspects and other relevant provisions and the doctor by nature of this qualification and professional experience is expected to take decisions in the interest of patient safety.
4.15. The consultant is required to honour all the appointments/booking received through the app and in the advent of any unforeseen circumstances in which the appointment/booking needs to be cancelled/rescheduled, the consultant is required to do so in the app as well so as to intimate the end user about any such changes. The reasons for the same need to be entered within the app.
5.1. MediTimes reserves the right to suspend or terminate a User’s access to the Website/Application and the Services with or without notice and to exercise any other remedy available under law, in cases where,
i. Such User breaches any terms and conditions of the Agreement;
ii. A third-party reports violation of any of its right as a result of your use of the Services;
iii. MediTimes is unable to verify or authenticate any information provide to MediTimes by a User;
iv. MediTimes has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
v. MediTimes believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for MediTimes or are contrary to the interests of the Website/Application.
5.2. Once suspended or terminated, the User may not continue to use the Website/application 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/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.
In no event, including but not limited to negligence, shall MediTimes, 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 or the content, materials and functions related thereto, the Services, User’s provision of information via the Website/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:
i. provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website/Application;
ii. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
iii. any unauthorized access to or alteration of your transmissions or data; or
iv. any other matter relating to the Website 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 or the Services exceed, in the aggregate Rs.1000/- (Rupees One Thousand Only).
MediTimes may retain such information collected from Users from its Website/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.
8.1. You agree that this Agreement and any contractual obligation between MediTimes and User will be governed by the laws of India.
8.2. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website/Application or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by MediTimes. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Chennai. 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.
8.3. Subject to the above Clause 8.2, the courts at Chennai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website/Application or the Services or the information to which it gives access.
9.1. If a User has any questions concerning MediTimes MIND, the Website, this Agreement, the Services, or anything related to any of the foregoing, MediTimes customer support can be reached at the following email address: email@example.com or via the contact information available from our website www.meditimes.in
9.2. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: Name: K Sundar, Co-Founder, Flat G-A, Sridev Apartment, No.65, CIT Nagar First Main Road, Chennai 600035, Phone:+91 8608800066.
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 arbitratorl tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by MediTimes. Any consent by MediTimes to, or a waiver by MediTimes 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.