1.2 Medisense is a limited liability company incorporated in the State of Delaware under the name ‘Medisense Healthcare Solutions LLC’ and having CR No. 6839171 (“Medisense”). Medisense offers web-based Platforms for health services by health care providers through telemedicine. Telemedicine involves the use of electronic communications to enable health care providers at sites remote from patients to provide services. Providers may include primary care practitioners, specialists, and/or subspecialists, hospitals, ancillary service providers like pharmacies, diagnostics, wellness centers etc. (hereinafter referred to as the “Service Providers”)
1.3 Do not use these Platforms for emergency medical needs. If you experience a medical emergency, call Emergency number or visit a nearby medical facility immediately. These Platforms are not designed, intended or appropriate to address serious, emergency, or life threatening medical conditions and should not be used in those circumstances.
1.4 The User acknowledges that Medisense is not a provider of all the Services listed on the Platforms and merely facilitates the Services provided by the Service Providers on behalf of the User for the said Services.
1.5 For avoidance of doubt, it is clarified that Medisense only acts as an intermediary that facilitates the transactions between the User and the Service Providers. The Service Providers are independent contractors and are free to determine their method/ manner of providing the Services. Medisense does not exercise control over the Service Providers. The relationship between Medisense and the Service Providers is not that of agent and principal or employee and employer or partners/ joint venture partners.
1.6 Acceptance: This Terms and Conditions constitute a legally binding agreement between Medisense and the User. By accessing, installing, downloading or using the Platforms, the User shall be contracting with Medisense and shall be deemed to have read, understood, accepted and agree to be bound to the Terms and Conditions. If these Terms and Conditions (or any part thereof) are not acceptable, such person must not access/use or continue to access/use the Platforms. In any event, Medisense reserves the right to suspend or terminate access to or usage of all or any part of this Platforms at any time, without any liability to the User and/or any other person.
1.7 Updates to this Terms and Conditions: Medisense reserves the right to update, change or replace any part of this Terms and Conditions by posting updates and/or changes to the Platforms, with or without notification to the Users. Any new features or tools which are added to the Platforms shall also be subject to this Terms and Conditions. Any new version of this Terms and Conditions shall take effect and will govern the use of the Platforms and the User’s relationship with Medisense, immediately upon the date of uploading such revised version on the Platforms. The User’s continued usage/access to the Platforms following the upload of any changes constitutes acceptance of those changes.
For the purpose of this Terms and Conditions:
“Account” shall have the meaning ascribed to it under clause 4.1 of this Terms and Conditions.
“Affiliates” shall mean any individual, corporation, partnership, limited liability company, association, trust, unincorporated entity or other legal entity that directly, or indirectly through one (1) or more intermediaries, controls, is controlled by, or under common control of Medisense.
“Applicable Law(s)" shall mean all applicable laws, rules, regulations, guidelines, statutory or government notifications of the State of Delaware.
“Data Protection Legislation” shall mean data protection legislation applicable in the State of Delaware and the General Data Protection Regulation and any other legislation in force from time to time relating to privacy and/or the processing of personal data and applicable to the provision and receipt of Services under these Terms and Conditions.
“Feedback” shall mean any submission of any ideas, suggestions, and/or proposals to Medisense through its suggestion, feedback, wiki, forum or similar pages.
“Health Passport” shall mean an electronic record allotted to each individual User while he/she registers on the Platforms with a User Account. This Health Passport shall contain all important health information of the User which is subject to modification or alteration at the sole discretion of the User.
“Services” shall mean the listed services advertised and marketed by Medisense including, but not limited to, (a)Telemedical Services and (b) Telemedicine as required by the User on the Platforms which the Service Providers may or may not accept at its absolute discretion.
“Order” shall mean a request for Services placed by the User on the Platforms.
“Service Providers” shall mean all establishments and merchants, including but not limited to the doctors, medical practitioners, hospitals, medical institutions, clinics, pharmacies, diagnostic centers, wellness centers providing the Services. The term “Service Provider” shall mean any one of them.
“Service” shall mean services provided by Medisense on the Platforms.
“Terms and Conditions” shall mean these terms and conditions.
"User" or “Customer” shall mean any person who accesses or uses the Services provided by the Service Providers.
“User Content” shall have the meaning ascribed to it under clause 4.1 of this Terms and Conditions.
"We", "we" or "us" or “our” shall mean Medisense.
“Website” shall mean the Medisense website available at website at www.medisense.me and all associated sites linked to www.medisense.me.
"You", "you", or "your" shall mean a User.
3. REPRESENTATION AND WARRANTIES
3.1 By use of the Platforms in any manner or taking any action that signifies your acceptance of the Terms and Conditions (including accessing or using the Platforms), or completing the Account registration process, you (the User) hereby represent and warrant the following:
3.2 By using the Services, you agree that:
4. USER ACCOUNT
4.1 Registration and Use of Services:
4.3 Unauthorized use of the Account: You agree you will take sole responsibility for any activities or actions under your Account. You shall notify Medisense immediately in case of any breach of security or any unauthorized use of your Account. You agree that you will not misrepresent yourself or represent yourself as another User of the Platforms. You hereby expressly acknowledge and agree that you will be liable for any losses, damages (whether direct or indirect) caused to you, Medisense or any others as a result of unauthorized use of your Account. You agree not to create an Account or use the Services if you have been previously removed by Medisense, or if you have been previously banned from use of the Services.
5. RESPONSIBILITIES OF THE USER
5.1 You are responsible for all use of the site and for all use of your credentials (email ID and password), including use by others to whom you have given your credentials. You may use the site and the services for lawful, non-commercial purposes only. You may not use the site 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 or the services.
5.2 You may not attempt to gain unauthorized access to any of the services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
5.3 Users will have the opportunity to submit feedback regarding their experiences with the Service Providers who are featured on the Platforms, to submit inquiries concerning possible medical needs and to participate in the other interactive and community features of the site. You must act responsibly when providing such feedback. Please give clear, honest information about the Service Provider and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in other interactive or community aspects of the service, please do not post any information that another user or provider may use to identify you as an individual, but please do include all relevant information concisely to help us provide you with a helpful response.
5.4 We reserve the right to publish the feedback you posted and to also remove your feedback for any reason. We are not, however, responsible for any failure or delay in removing the feedback. Keep in mind that the feedback provided by various other Users is simply an opinion and should not be relied on.
5.5 You hereby agree to adhere to the following:
6. RIGHTS OF MEDISENSE
Medisense may terminate this Agreement at any time in its sole and absolute discretion. Medisense may block, discontinue or prevent your access to the Platforms or this website (either by disabling your username and password or by any other means) at any time in its sole and absolute discretion, for any reason or for no reason. Medisense shall have no obligation at any time to do any of the foregoing. We reserve the right to suspend or terminate your Account and your access to the Services if:
7. NO DUTY OF CARE
You acknowledge and agree that Medisense is not engaged in the practice of medicine. Medisense disclaims any duty of care. you expressly agree that Medisense owes you no duty of care and that your use of the website and/or the Platforms and your reliance upon any of its contents is at your sole risk. Medisense expressly disclaims any liability for medical malpractice or any claim arising out of the use of this website or the Platforms, or any claim arising out of any care rendered by a Service Provider as a result thereof. Medisense expressly disclaims any liability for any act or omission of any Service Provider.
8. PAYMENT AND CANCELLATION POLICY
Medisense may charge for the registration depending on various type of memberships offered. In addition, there may be specified charges for each of the services offered on the platform. There may also be a fixed or a certain percentage of transaction charges charged to the users. Only upon such payment service provision will be confirmed. Medisense shall not be liable for any refunds to the customer in the event the customer’s booked slot/ time for an appointment has been delayed or cancelled. However, Medisense will work with the User to schedule another appointment with the same or another Service Provider. Payments through credit card and debit card are collected online without any hassle. The User is asked to enter the card number, the expiry date of the card, and its security number. No data is saved, and no additional fees except that of the appointment are charged with or without a convenience fee. The money is deducted once the user clicks on ‘Pay now’ button on the web platform or on the app. The transactions are processed with third party service providers. While these transactions are expected to be 100% secure, if there are any problems, Medisense will make its best efforts in resolving it. For appointments paid for online, a patient can cancel or reschedule up to a specified timeframe before the scheduled time of the appointment. An appointment cannot be rescheduled or cancelled after the given time frame. After cancelling the appointment, the User can schedule another appointment or ask for a refund. If the User does not attend the appointment, the appointment will be marked as a no-show and the User will not be entitled to a refund. Refunds are made in certain cases, however completely upon discretion of Medisense. The User will receive a 100% refund when the appointment is not confirmed by the Service Provider or when the Service Provider does not attend the appointment. A stable internet connection is required before joining the video consultation. Patients will not receive a refund for technical failures from their end.
9. FRAUD OR UNAUTHORIZED USE
You will be entirely responsible for any unauthorized access or use of your personal or financial information through your Account, including any loss/ damage or claims suffered/ made against any of the Service Providers and/or Medisense, on account or arising from such unauthorized use/ access. To assist in preventing unauthorized use of your Account, you should comply with the security measures recommended by us. If you believe your Account has been accessed or used in an unauthorized manner, please contact email@example.com.
10. USE AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
10.1. Subject to the terms of this Agreement, Medisense hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the network facilities, content and documentation on and in the Platforms to the extent, and only to the extent, necessary to access and use the Platforms. The use or misuse of the Platforms, except as provided in these Terms and Conditions, is strictly prohibited.
10.2. Any reproduction, retransmission, redistribution, sale, use, rebroadcast, publication or other dissemination, by whatever means or manner, of the content of this website or the Platforms shall constitute a violation of this Agreement and is strictly prohibited. All of the content available on or through the Service is the property of Medisense and is protected by copyright, trademark, trade secret and other intellectual property law.
10.3. Any reproduction, reverse engineering, disassembling, retransmission in any form or by any means (including, but not limited to, electrical, mechanical, photographic, copying, recordation or otherwise), transcription, redistribution, storage in a retrieval system, translation into a computer language or other language, or sale of the Platforms or any portion thereof shall be a violation of the terms and conditions of this Agreement and is strictly prohibited. You agree that the license granted to you herein does not permit any of the foregoing. If any of these terms are violated, it shall amount to immediate termination of your enrollment from the Services and we reserve all rights to take any legal actions against such breach.
10.5. The Platforms is owned and operated by Medisense. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of this Platforms provided by Medisense are protected by copyright, patent, and trademark laws of Delaware, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. You agree not to remove, obscure, or alter Medisense’s or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through this Platforms. Except as expressly authorized by Medisense, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Services
11.1 You agree to indemnify, save, and hold Medisense, its Affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (a) your use or misuse of the Platforms; (b) any violation by you of these Terms and Conditions; or (c) any breach of the representations, warranties, and covenants made by you herein. Medisense reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Medisense, including rights to settle, and you agree to cooperate with Medisense’s defense and settlement of these claims. Medisense will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of these Terms and Conditions.
11.2 Without prejudice to the generality of the above, Medisense will not be liable for:
12. PRIVACY AND COMMUNICATIONS
12.2 Transfer of Data: Medisense may share your payment-related information with banks, third-party providers, and Partners required for operations, settlement payment processing, and promoting Services.
12.3 Data Protection: Medisense offers the use of secure server for the transactions conducted by Users on the Platforms. All supplied Personal Information is transmitted and encrypted into our payment gateway providers database. Such information is only to be accessible by those authorized with special access rights to such systems and such information is kept confidential. Personal Information shall not be stored on our servers; and the usage of the same shall be in compliance with the Data Protection Legislation.
13. LIMITATIONS OF LIABILITY
13.1 In no event, Medisense or its Affiliates, contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to: (a) this Terms and Conditions; (b) the Services, the Platforms; or (c) Your use or inability to use the Platforms, even if Medisense or a Medisense authorized representative has been advised of the possibility of such damages. In such cases, Medisense’s liability will be limited to the fullest extent permitted by Applicable Law. This paragraph shall survive the termination of this Terms and Conditions. Medisense shall not be liable for any actions or omissions by the Service Provider.
13.2 While we make all the effort for providing continuous care for the Users on the Platform, laws operational in the jurisdiction within which you reside, may prohibit few medicines, treatments and other medical or other related services to be used in this particular jurisdiction. In such cases Medisense will not be liable for disruption of services.
13.3 Further, we will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Platforms.
13.4 We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
13.5 You acknowledge that third party services are available on the Platforms. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third parties’ services.
13.6 In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any Service Provider through the Platforms, whether based on warranty, contract, tort (including negligence), or any other legal theory and whether or not we are advised of the possibility of such damages. However, we will attempt to refund any amount paid by the User, at our sole discretion, and our liability in this regard, if any will be limited to just the amount paid by the User with respect to the Services on the Platforms.
13.7 Medisense tries to ensure that the information provided is accurate and complete. However, Medisense does not warrant or represent that the Platforms are accurate, error-free or reliable or that use of the Services will not infringe rights of third parties.
13.8 While we put our best efforts in providing you with a robust application without defects, Medisense does not warrant that the functional and/or technical aspects of the Platforms will be error free or that the servers that make them available are free of viruses or other harmful components. If use of the Platforms results in the need for servicing or replacing property, material, equipment, data or other element, Medisense is not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you "as is" and "as available" and, to the fullest extent permitted by Applicable Law, without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. Medisense and its suppliers make no warranties about the Services provided by Medisense, text, downloads, graphics, and links, or about results to be obtained from using the Platforms.
13.9 To the fullest extent permitted by Applicable Law, Medisense shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort or otherwise, even if Medisense has been advised of the possibility of such damages.
13.10 You acknowledge and agree that Medisense will not be liable under any circumstances whatsoever, including, but not limited to, direct, indirect, incidental, consequential or punitive damages arising out of the use of or inability to use this website or the Platforms, and/or arising under any law or theory, even if Medisense has been advised of the possibility of such damages. in the event of any problem with the service or any of its content, you agree that your sole remedy is to cease using the Service. Under no circumstances shall Medisense be liable in any way for your use of the Platforms or any of its content.
13.11 Informed Consent for Telemedicine Services received from a Service Provider
14. FORCE MAJEURE
If performance under this Terms and Conditions by Medisense is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, government imposed lockdowns, pandemics, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Platforms, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which could not have been foreseen at the date of execution of this Terms and Conditions, which are beyond the reasonable control of Medisense and could not have been prevented by reasonable precautions then Medisense shall be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Medisense of its obligations herein.
15. TERMINATION AND SUSPENSION
Without affecting any other right or remedy available to it, we may terminate your usage of the Services with immediate effect by giving written notice to you if you:
16. GOVERNING LAW AND JURISDICTION
Terms and Conditions shall be interpreted, construed and enforced in all respects in accordance with the laws of Delaware. You irrevocably consent to the exclusive jurisdiction of the courts of Delaware, in connection with any action to enforce the provisions of this Terms and Conditions, to recover damages or other relief for breach or default under this Terms and Conditions, or otherwise arising under or by reason of this Terms and Conditions
The failure of Medisense to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Medisense.
If any provision of these Terms and Conditions is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from these Terms and Conditions to the minimum extent required, and the remaining provisions will remain valid and enforceable.
You will not assign any of your obligations under this Terms and Conditions to any third party without prior written consent of Medisense. However, Medisense may assign its rights and responsibilities under this Terms and Conditions to a third party without needing written consent of you provided that upon such assignment within one month, Medisense will inform you for the concerned assignment.