Terms And Conditions Of Use

These Terms and Conditions of Use (hereinafter referred to as “Terms”) as hereinafter appearing are published in accordance with the provisions laid down under Rule 3(1)(a) of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the same constitutes “Electronic Record” within the meaning of Section 2(t) of the Information Technology Act, 2000 and the Rules framed thereunder. These Terms are also governed by all applicable laws including but not limited to Indian Contract Act, 1872. These Terms being an electronic record does not require any signature.

Preface

• This Website www.medride.in (“Website”) and MedRide (“Mobile Application”) (collectively referred to as Digital Platform) is coined, adopted, maintained and operated by MedRide, a partnership registered under the Indian Partnership Act 1932, having its registered office at, 3A, TC 16/11 (4), Beacon Green Square, Easwaravilasom Road, Vazhuthacaud, Thycaud PO, Trivandrum - 695014, and having one of its office at TC 23/1668, Pippinmoodu Road, Sasthamangalam, Trivandrum - 695010 (hereinafter referred to as “MedRide”).
• MedRide is set up to leverage the power of digital technology to empower healthcare providers and consumers in India.

Entire Agreement

• This Agreement (hereinafter defined) sets out the Terms under which the User(s) (hereinafter defined) is/are permitted to use the Website/Mobile Application and the Services (hereinafter defined) available thereunder.

Changes

• MedRide reserves its rights to modify, update, change, edit, alter, amend, revise or substitute (collectively “Revisions”) the Agreement from time to time. Any Revisions made will be effective immediately upon their posting on the Digital Platform.
  Any material changes will be notified to the User(s) either through the Services, email(s), SMS or in-app push notifications. User(s) are encouraged to review these Terms periodically for any updates or Revisions. User(s) continued use of the services consequent to any Revisions, shall be deemed acceptance of such Revisions/revised terms and conditions.

Acknowledgement

• Before accessing or creating User Account (hereinafter defined) on the Digital Platform, User(s) are advised to carefully read these Terms and the Digital Platform’s Privacy Policy available at www.medride.in. The Terms and the Privacy Policy are collectively referred to as “Agreement” herein. By accessing/browsing the Website/ Mobile Application for any information and/or availing the Services, the User(s) hereby acknowledge that they have read, understood and accept all the terms and conditions of the Agreement and agree to abide by the same. If the User(s) do not consent or accept the terms and conditions of the Agreement they are advised to forthwith disengage from the Website/Mobile Application and stop the access/use thereof.
• MedRide reserves the right to (i) accept or reject the request of the User(s) to create an account, (ii) terminate the account of registered User(s) for unauthorized use, or (iii) refuse the Services offered through this Digital Platform due to non-availability of Services.

Eligibility for accessing and availing the available Services on the Digital Platform

• Any person aged 18 years or above and capable of entering into a contract under the Indian Contract Act, 1872 and subject to acceptance by MedRide is permitted to create/ access User account to avail the available Services. Minors are prohibited from accessing or creating User Account; however Legal Guardian of the Minors can avail the available Services for Minors in accordance with applicable laws. Services are available only for the citizens of India and in the Territory. Users’ may please note that certain Services may be available or limited to only particular area within the Territory.

Definitions

• “Agreement” means these Terms and Conditions of Use, together with Privacy, Policy (available at www.medride.in), and additional terms wherever applicable,
• “Digital Platform” or “Platform” collectively refers to the Website and Mobile Application,
• “EMR” means Electronic Medical Record,
• “HCP” means Healthcare Professionals who are entitled to practice medicine in India,
• “Med Profile” means a virtual locker in the Mobile or Web Application where User(s) can store their health records/reports including but not limited to EMR,
• “HSP” means Healthcare Service Provider providing pathology services, pharmacy services, as the context may require and is a Third Party Service Provider,
• “Emergency services” shall include but not limited to those medical services required for the immediate diagnosis and treatment of medical condition of an individual and if no immediate attention or treatment is given may lead to serious physical or mental disability, injury or other serious consequences,
• “Mobile Application” means MedRide mobile application which User(s) can download from Google Play Store or Apple App Store,
• “Party” or “Parties” shall mean HCP, HSP, User(s) collectively or individually as the context may require
• “Services” means healthcare services including but not limited to (a) consultation with HCPs (b) video consultation with HCPs (c) laboratory services (d) medicine delivery (e) medication reminder services, available from time to time through the Digital Platform, and rendered either directly by MedRide or respective Third Party Service Provider(s),
• “Third Party/Parties” means any party other than MedRide and the User(s),
• “Third Party Service Provider(s)” means those persons or entities including but not limited to HCPs/HSPs who are listed on the Digital Platform and who provide the available Services by accepting the requests made by the User(s) and for which such Third Party Service Provider are alone liable for such accepted Services,
• “Territory” means the Republic of India,
• “Unregistered User” means any visitor to this Digital Platform,
• “User(s)” means any person competent to contract under Indian Contract, 1872 and created User Account. User(s) may be referred to as You, Your, him, her they, as the context may require,
• “User Account” means the account created by the User(s) (pursuant to the acceptance by MedRide), on the Digital Platform by submitting their details as is required, for availing or providing the Services,
• “Website” means www.medride.in

Interpretation

In this Agreement,

• The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of content thereof and shall not be used to interpret the provisions of this Agreement.
• The terms “hereof”, “herein”, “hereto”, “hereunder” or similar expressions used in this Agreement mean and refer to this Agreement and not to any particular Clause of this Agreement. The terms “Clause” or “sub-clause” mean and refer to the Clause or sub-clause of this Agreement.
• Any reference to any statute or statutory provision shall include: (i) all subordinate legislation made from time to time under that provision (whether or not amended, modified, re-enacted or consolidated), and (ii) such provision as from time to time amended, modified, re-enacted or consolidated (whether before or after the date of this Agreement) to the extent such amendment, modification, re-enactment or consolidation applies or is capable of applying to any transactions entered into under this Agreement and (to the extent liability thereunder may exist or can arise) shall include any past statutory provision (as from time to time amended, modified, re-enacted or consolidated) which the provision referred to has directly or indirectly replaced; and
• No rule of construction or interpretation shall apply to the disadvantage or detriment of MedRide for having control or being responsible for the preparation of this Agreement.

Access to Usage of Digital Platform

• The Digital Platform can be browsed and accessed by Unregistered User(s) as well as User(s)
• User(s) acknowledge that Services being rendered by Third Party Service Provider(s) are governed by respective Third Party Service Provider(s) terms and conditions. User(s) agree to read, understand and accept such terms and conditions available on respective Third Party Service Provider(s) website/mobile application(s) before booking/ordering/availing Services from such Third Party Service Provider(s).
• MedRide shall not be responsible or liable, in any way, for any act or omission on part of any Third Party Service Provider(s).

User Account

• For availing any Services on the Platform, the User(s) need to create a User Account by entering certain information including but not limited to (a) Name, (b) Age, (c) Gender, (d) valid email-Id, phone number and password
• MedRide subject to the terms of this Agreement may accept the User Account creation request. The creation of User(s) Account shall be at the sole discretion of MedRide. User(s) can create multiple accounts for their family members using the same credentials and avail the available Services.
• The User(s) are requested to carefully read the Agreement before browsing or accessing the contents, or creating a User Account, on the Digital Platform and gain knowledge as to how the information shared by them may be stored, protected, processed, used, shared and disseminated by MedRide.
• User(s) can rectify any discrepancies in their User Account information. Notwithstanding the foregoing, MedRide may reject the request of the User to edit, update or modify the User’s Account if such request is violative of applicable laws or in breach of these Terms.

Services

• The Registered User(s) may access or avail the following Services,
  a. Book an appointment for consultation with Healthcare Professionals;
  b. Video Consultation with Healthcare Professionals for non-emergency medical care;
  c. Book an appointment for Laboratory Services;
  d. Medicine delivery;
  e. Medication Reminders;
• The Services referred under clauses (a), (b), (c), (d), (e) above may be offered by MedRide, HCP or concerned Third Party Service Provider(s).
• User(s) are required to make requisite payment of Service Fees/Charges as are fixed and hosted on the Platform for availing the Services as per the specified payment mechanism.
• MedRide at its discretion can provide or facilitate the Services in the following manner,
  a. against payment of Service Fees/Charges,
  b. free of charge,
  c. by offering some discounts/concessions.

Terms of the Services

• Book an appointment for consultation with Healthcare Professionals
  a. The User(s) may book an appointment on the Platform for the Services as per the available times slot.
  b. Pursuant to booking MedRide will send a communication to the User(s) informing the booking details.
  c. The HCP will contact the User(s) prior to the schedule appointment.
  d. User(s) may reschedule the confirmed appointment until 1 (one) hour prior to the schedule appointment.
  e. User(s) may permit HCP’s to access their Med Profile.
  f. Pursuant to Your consultation, an EMR/Consultation Summary will be created instantly, the details of which will be shared to User(s) Med Profile. User(s) are advised to review the same immediately and should they observe any discrepancies, the same should be notified/reported immediately and in any case not later than two days of receipt, else the details in the EMR/Consultation Summary shall be treated as final.
  g. In the event an HCP is not available for providing the Services on the schedule date and time of appointment, MedRide may arrange for a fresh appointment or provide a refund for the User(s) as per the cancellation/refund policy.
  h. User(s) acknowledge and agree that the concerned HCP from whom Services are booked/ordered/availed shall alone be liable and responsible for any act or omission or commission on part of the HCP, including but not limited to (i) the treatment, prescription, medication (collectively referred to as “HCP services”) or (ii) for medical negligence arising out of such HCP services. User(s) acknowledge that MedRide shall not be liable in any way for any claims with respect to HCP Services and confirm that it shall not make any claim on MedRide or any other person/party.
  i. User(s) acknowledges and agrees that Services that MedRide is facilitating through the Platform shall not constitute medical care, diagnosis and/or treatment and no Healthcare Provider-Patient relationship will be established between MedRide and the User. However, the foregoing shall not apply to any healthcare services that MedRide may directly provide through the Platform.
  j. Med Profile is a virtual locker where User(s) can store their health reports/records. User(s) agree to give access to their Med Profile to HCPs or Third Party(ies) for viewing their health records/reports and granting any such access shall be at User’s(s) sole discretion and risk. MedRide shall not be liable for any loss/damages suffered by a User due to unauthorized use of the User’s health data by persons to whom access is given by the User.
• Video Consultation with HCP (Healthcare Professionals) for non-emergency medical care;
  a. The User(s) may book an appointment on the Platform for the Services of HCPs as per the available times slot.
  b. Pursuant to booking, MedRide will send a communication to the User(s) informing the booking details.
  c. The User(s) is required to log in at the schedule time.
  d. User(s) may reschedule the confirmed appointment until 1 (one) hour prior to the schedule appointment.
  e. Users may at the time of booking appointment permit HCP’s to access their Med Profile.
  f. Pursuant to Your consultation, an EMR/Consultation Summary will be created instantly, the details of which will be shared to User(s) Med Profile. User(s) are advised to review the same immediately and should they observe any discrepancies, the same should be notified/reported immediately and in any case not later than two days of receipt, else the details in the EMR/Consultation Summary shall be treated as final.
  g. User(s) are advised to have a follow-up face to face visit with the HCP with whom the User(s) have availed Video Consultation Services and correlate the outcome of such video consultation with the HCP.
  h. In the event an HCP is not available for providing the Services on the schedule date and time of appointment, MedRide may arrange for a fresh appointment or provide a refund for the User(s) as per the cancellation/refund policy.
  i. In the event there are disruptions, blurring, call break down or any other connectivity issues, during the consultation resulting in non-completion of the service, MedRide although under no obligation, shall make reasonable efforts to arrange for a fresh consultation appointment for the User(s). In case the User(s) has prepaid for the consultation with concerned HCP and does not intend to avail the fresh consultation pursuant to the events occurred under this clause (III), the prepaid amount shall be refunded to the User(s) account.
  j. User(s) acknowledge and agree that the concerned HCP from whom Services are booked/ordered/availed shall alone be liable and responsible for any act or omission or commission on part of the HCP, including but not limited to (i) the treatment, prescription, medication (collectively referred to as “HCP services”) or (ii) for medical negligence arising out of such HCP services. User(s) acknowledge that MedRide shall not be liable in any way for any claims with respect to HCP Services and confirm that it shall not make any claim on MedRide or any other person/party.
  k. User(s) acknowledges and agrees that Services that MedRide is facilitating through the Platform shall not constitute medical care, diagnosis and/or treatment and no Healthcare Provider-Patient relationship will be established between MedRide and the User. However, the foregoing shall not apply for any healthcare services that MedRide may directly provide through the Platform.
  l. Med Profile is a virtual locker where User(s) can store their health reports/records. User(s) agree to give access to their Med Profile to HCPs or Third Party(ies) for viewing their health records/reports and granting any such access shall be at User’s(s) sole discretion and risk. MedRide shall not be liable for any loss/damages suffered by a User due to unauthorized use of the User’s health data by persons to whom access is given by the User.
• Order for Laboratory Services
  a. User (s) may select the desired test(s) and request for home collection services by booking an appointment at the available times slot.
  b. User(s) are required to provide name, age, gender, email, mobile number and their address and such other details as may be required, for providing the Services.
  c. User(s) are required to make payment as generated based on test(s) ordered. Payments can be made through the available payment options.
  d. User(s) will receive their test(s) reports directly through the mobile application, phone number or through secured e-mail accounts, if any, shared by the User(s).
  e. In the event MedRide is not available for providing the Services on the schedule date and time of appointment, MedRide may arrange for a fresh appointment or provide a refund for the User(s) as per the cancellation/refund policy.
  f. In the event the User(s) chooses wrong test(s) for investigation/diagnosis or the User(s) gives wrong or unauthorized information, MedRide shall not be responsible or liable for any consequences arising therefrom.
  g. In the event the User(s) misreport their prescription, personal details and information, MedRide shall be liable for the consequences arising therefrom.
  h. User(s) acknowledge and agree that the concerned HSP from whom Services are booked/ordered/availed shall alone be liable and responsible for any act or omission or commission on part of the HCP, including but not limited to (i) the test(s) reports, diagnosis (collectively referred to as “HSP services”) or (ii) for medical negligence arising out of such HSP services. User(s) acknowledge that MedRide shall not be liable in any way for any claims with respect to HCP Services and confirm that it shall not make any claim on MedRide or any other person/party.
  i. User(s) acknowledges and agrees that Services that MedRide is facilitating through the Platform shall not constitute medical care, diagnosis and/or treatment and no Healthcare Provider-Patient relationship will be established between MedRide and the User.
  j. Med Profile is a virtual locker where User(s) can store their health reports/records. User(s) agree to give access to their Med Profile to HCPs or Third Party(ies) for viewing their health records/reports and granting any such access shall be at User’s(s) sole discretion and risk. MedRide shall not be liable for any loss/damages suffered by a User due to unauthorized use of the User’s health data by persons to whom access is given by the User.
  k. In the event any collected test sample is not usable, then the test sample will be again drawn without any extra cost to the User(s).
• Medicine delivery
  User(s) may upload the prescription on the mobile application or send the prescription on the MedRide authorized number.
  User(s) are required to make payment as generated based on medicine(s) ordered. Payments can be made through the available payment options.
  User(s) will receive the ordered medicines at the address specified by them.
  In the event the User(s) chooses wrong medicine(s) for delivery or the User(s) gives wrong or unauthorized information, MedRide shall not be responsible or liable for any consequences arising therefrom.
  In the event, the User(s) misreport their prescription, personal details and information, neither MedRide nor HSP shall be liable for the consequences arising therefrom.
  User(s) acknowledge and agree that the MedRide is not liable and responsible for any act or omission or commission on part of the HCP, including but not limited to (i) the medicine(s) ordered, wrong delivery of medicines, service-related issues, discrepancies (collectively referred to as “HSP services”) or (ii) for medical negligence arising out of such HSP services. User(s) acknowledge that MedRide shall not be liable in any way for any claims with respect to HCP Services and confirm that it shall not make any claim on MedRide or any other person/party.
  User(s) acknowledges and agrees that Services that MedRide is facilitating through the Platform shall not constitute medical care, diagnosis and/or treatment and no Healthcare Provider-Patient relationship will be established between MedRide and the User.
  MedRide is not responsible for any wrong delivery of medicines by the HSP(s). In case of any discrepancies or service-related issues, the User(s) are required to address their grievances with the respective third-party HSP.
  In force majeure situation if a confirmed order is not delivered, MedRide’s obligation is limited to arranging the delivery of order at the earliest available time.
• Medication Reminders
  a. The Medication reminder module on the Mobile Application allows the User(s) to add reminders from the medical prescriptions advised by their doctors.
  b. The User(s) will get medication reminders which would be offline notifications like alarm reminders.
  c. The User(s) may edit and delete any active reminders.
  d. The medication reminders are only supplementary way of reminding you (User(s)) to take medications prescribed by User(s) doctor/health practitioner and is based on the data entered by the User(s).
  e. User(s) agree that on receiving the medication reminder they shall refer to their medical prescription and then only take their medication as advised by their doctor/health practitioner.
  f. The medication reminders work only when the User(s) mobile device is in switched on, in working condition and without any internal device issues. User(s) agree that in the event they are unable to receive any medication reminders due to their mobile device not being switched on or not in working condition or facing internal device issues, they shall not make any claim on MedRide. User(s) are advised to get their mobile device repaired and this shall be the sole remedy for the User(s).

Terms and conditions for Package Subscriptions (‘Subscription Package(s)’)

• a. The Subscription Package offered on the Digital Platform are only for the registered Users.
  b. Primary registered User can choose and select the person who can avail Subscription Package(s). Once the Subscription Package(s) is successfully used, the configuration cannot be changed.
  c. Any confirmed appointment cancelled prior to 1 hour of scheduled time of appointment shall not be taken into account for calculating the number of Consultations under the Subscription Package(s).
  d. MedRide may, at its discretion offer or recommend limited time packages at concessional/special rates after User completes a transaction on the Digital Platform and such limited time packages will be available only for the duration as may be indicated or specified by MedRide. The User will not be able to avail the limited time package after the specified duration.
  e. MedRide reserves the right in its own discretion to change, alter, modify or withdraw the Subscription Package(s) at any time with or without prior written notice to the User(s). In the event of any change, alteration, modification or withdrawal of the Subscription Package(s), MedRide may at its discretion refund the amount paid by the User(s) towards the Subscription Package(s) as per the cancellation/refund policy.

Payments

• Payments towards Services available on the Platform can be made as per the available Online Payment Mechanisms on the Platform (Like debit cards, credit cards, internet banking, etc.) through payment gateways and payments are processed as per the terms and conditions of respective payment gateway service provider(s). User(s) are advised to read and understand those terms and proceed with making payment only if such terms and conditions are acceptable to them.

REPRESENTATIONS AND WARRANTIES

1. User(s) hereby represents and warrants to MedRide that,

• f. he/she is competent to contract under Indian Contract Act, 1872,
  g. the Information given by him/her to MedRide, on this Platform is accurate, true and nothing material is concealed by them,
  h. he/she is the Legal Guardian of the minor or person of unsound mind on whose behalf the User Account is created (applicable only in case of Services being availed for Minors or people suffering from unsound mind),
  i. the Agreement constitutes a valid and binding obligation enforceable against him/her in accordance with its terms,
  j. the acceptance by him/her, the performance by him/her of the obligations hereunder and compliance by him/her with the provisions hereof will not violate, contravene or breach or create a default under any agreement, instrument, charter or by-law provision, statute, regulation, judgment, ordinance, decree, writ, injunction or applicable laws,
  k. there are no claims, actions, proceedings, which are initiated, alleged, threatened or pending against him/her which would restrict him/her from accessing and availing any Services on the Platform,
  l. he/she will not initiate or carry out any transaction on this Platform on behalf of any other party, unless he/she is specifically authorized to do so,
  m. he/she shall comply with all applicable laws,
  n. he/she shall not infringe the Intellectual Property Rights of MedRide or any Third Party/Parties or Third Party Service Provider(s),
  o. he/she will not use the Platform for any Emergency services
  . he/she will not use the User Account for unlawful or unauthorized purposes,
  q. he/she will not upload any obscene or objectional content on the Platform,
  r. appropriate action can be initiated against him/her as warranted under the circumstances, for unauthorized use or breach of terms and conditions of the Agreement.

FORCE MAJEURE

• MedRide shall not be liable to the User(s) for any delay or non-performance of its obligations arising from any cause beyond its reasonable control including but not limited to any act of God, governmental act, act of any regulatory authority, supervening illegality, war, malicious damage, fire, flood, epidemics, pandemic(s), including but not limited to coronavirus (COVID-19) or any other health risk outbreaks, explosion, power blackout, breakdown of any equipment, cyber-attack, loss of utility, civil commotion, industrial dispute, acts or omissions of telecommunications or data communications operators or carriers or of any other third parties or, in relation to the Services any technical or other problems affecting any operation of the Services (a "Force Majeure Event"). MedRide shall as practicable as possible shall promptly notify the User(s) orally or in writing, as the circumstances warrant, of the cause and the Force Majeure Event and its likely duration.

Termination of User(s) Account

• MedRide reserves its right to terminate/block the User Account,
  a. if User(s) furnishes false information,
  b. for Prohibited Use as specified under clause XXII (General) sub clause (12),
  c. without assigning any reason, by written notice,
  d. if User(s) is in breach of its material obligations under this Agreement,
  e. if User(s) frequently cancels the Services or frequently returns the ordered products without any justifiable reasons,
  f. if the User(s) is engaged in any fraudulent transactions/activities,
  g. if the User(s) misuses, abuses, indulges in activities causing service disruptions,
  h. the termination of User(s) Account shall be without prejudice to any rights which have already accrued to MedRide.

CONFIDENTIALITY

• For purposes of these Terms, "Confidential Information," includes, without limitation, information relating to the materials, trade secrets, intellectual property rights, plans, research strategies, frameworks, know-how, formulae, processes, algorithms, ideas, inventions, innovations, network configurations, system architecture, designs, flow charts, drawings, proprietary information, source code(s), software(s), operational information, business methods, underwriting ideas and information, Personal Health Information research information and data, support information and strategies, client(s) information, business information, sales plans, strategies, product information, operations, finances, plans or opportunities, processes, databases, data structure, screens, reports, data, formats, integration of various methodologies, integration of devices and technologies, the information relating to the Health Platform employees information, financial information, agreements, contractors, customers or suppliers; information that was received from a Third Party under a confidential agreement and all other non-public information, material or data relating to the past, current and /or future business and operations disclosed by MedRide or made available to User(s), and whether or not such information is marked or otherwise identified as confidential, restricted, secret or proprietary, including information acquired by inspection or oral or visual disclosure; and any other information disclosed under circumstances in which a reasonable person would understand that such information is confidential and proprietary. Without foregoing the above, it is hereby clarified that Confidential Information shall include Personal Information as defined hereinbelow.
• If, in connection to the Services, the HCP/HSP, receives, collects or handles any patient data (“Personal Information”), such HCP/HSP undertakes to MedRide that in such case, it shall not use Personal Information for any purpose other than for providing the Services.
• HCPs/HSPs shall not disclose Confidential Information to any Third Party/Parties and shall protect Confidential Information in strict confidence.
• Confidential Information can only be disclosed if required by an order of court or statutory authority and only to the extent to legally comply with such order of court or statutory authority.

INTELLECTUAL PROPERTY RIGHTS

• MedRide owns its respective Intellectual Properties, without conferring any interests therein on the User(s)/HCPs/HSPs or Third Party/Parties. Without limiting the generality of the preceding sentence, neither User(s) /HCPs/HSPs nor any Third Party/Parties shall acquire any right, title or interest in MedRide’s Intellectual Property by virtue of this Agreement or otherwise. Any use of MedRide’s Intellectual Property without the prior written consent of MedRide is strictly prohibited. In the event of any unauthorized use of MedRide’s intellectual property, MedRide reserves its rights to initiate such legal actions as warranted under law.

GOVERNING LAW AND JURISDICTION

• This Agreement shall be governed and interpreted by and construed in accordance with the laws of India, without giving effect, if applicable, to the principles of conflict of laws, thereof or there under the Courts at Trivandrum, India shall have exclusive jurisdiction for adjudicating any matters arising under these Terms. Any dispute, controversy, claim or disagreement of any kind whatsoever between User(s) and MedRide in connection with or arising out of this Agreement or the breach of the terms and conditions, termination or invalidity thereof (hereinafter referred to as a “Dispute”) shall be resolved by way of arbitration.
• Arbitration shall be conducted by a sole Arbitrator to be appointed by MedRide and the arbitral proceedings shall be governed as per the Indian Arbitration and Conciliation Act, 1996 or any statutory modifications or re-enactments thereunder, which are deemed to be incorporated by reference herein. The venue of arbitration shall be Trivandrum; India and any award shall always be treated as made at the seat of the arbitration. The language to be used in the arbitral proceedings shall be Malayalam or English. The Arbitrator shall not have the power to award punitive damages, attorney’s fees and / or any other losses, expenses, claim or damages, which are excluded by this agreement. The arbitration proceedings, including any outcome, shall be confidential. The decision of the Arbitral Tribunal shall be final and bindings, shall be carried into effect and may be made by an order of any competent court at the instance of any party.

INDEMNITY

• The User(s)/HCPs/HSPs shall indemnify and hold MedRide, its affiliates and their respective partners, employees, representatives and agents, harmless from and against any and all claims, demands, loss, damage or expense suffered or incurred by MedRide as a result of (i) breach of any obligations, representations and warranties made by the User(s), (ii) noncompliance of applicable laws, (iii) for infringement of Intellectual Property Rights (iv) negligence or wilful breach,
• In addition to the above, the HCPs and HSPs shall indemnify and hold MedRide, its affiliates and their respective partners, employees, representatives and agents, harmless from and against any and all claims, demands, loss, damage or expense suffered or incurred by MedRide as a result of (i) Damages caused to patient(s), User(s) or any third parties due to the Services of the HCPs and HSPs, and/or (ii) any other patient User(s)/Third Party claim in relation to anything done by the HCPs and HSPs pursuant to the Agreement,
• MedRide shall indemnify and hold the User(s)/HCPs/HSPs, harmless from any against any and all claims as a result of breach of its obligations under the Agreement.

LIMITATION OF LIABILITY

• User(s)/HCPs/HSPs acknowledge that MedRide shall not be liable for indirect or consequential loss or damage, loss of profit, goodwill, business opportunity or anticipated saving arising under or in connection with this Agreement, the use or inability to use the Platform in any manner. Without prejudice, to anything contained herein the maximum liability of MedRide under any circumstances under this Agreement shall not exceed INR 10,000/- (Indian National Rupees Ten Thousand Only) or the amount paid by User(s)/HSPs/HCPs whichever is lesser.

GENERAL

• If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to remain in full force and effect.
• A failure to exercise or delay in exercising a right or remedy by MedRide provided for in these Terms or by law does not constitute a waiver of that or any other right or remedy. No single or partial exercise of a right or remedy provided by these Terms or by law shall prevent a further exercise of the right or remedy or the exercise of any other right or remedy.
• Except as specifically provided, no person who is not a party to these Terms shall be entitled to enforce any term of it.
• Save as expressly provided in this Agreement, nothing in these Terms is intended or shall be construed to confer upon or give any User(s), any rights or remedies under or by reason of these Terms or any transaction contemplated by these Terms.
• Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties, nor authorize any Party to make or enter into any commitments for or on behalf of any other party.
• User(s) are responsible for creating and maintaining their User Account. MedRide shall not be liable for unauthorized use of the User Account, including but not limited to the misuse, loss, non-availability of User(s) data, the User(s) should secure their credentials safely and prevent from giving/letting unauthorized access.
• If the User(s) delete any of their User information, the same may be still available in the backup servers or storage devices/medium/peripherals /copies.
• MedRide shall not be responsible or be liable for any Services rendered by Third Party Service Provider(s) and does not warrant the merchantability or fitness for a particular purpose.
• MedRide does not warrant (i) that the Platform is error/bug/virus free (ii) safety of use of the Platform and MedRide shall not be liable for any loss or damage caused or suffered by the User(s)/HCPs/HSPs while using the Platform.
• MedRide does not warrant that the Services available through its Platform will be available without any disruption or errors. The availability of the Services on this Platform may be disrupted due to down time, maintenance, updates, bugs/virus or any other system related issues, internet service issues, access related issues, connectivity issues, force majeure situations, non-availability of HCPs/HSPs/Third Party Service Provider(s) or for any other reasons beyond the reasonable control of MedRide and MedRide hereby disclaims all liability for the losses or damages caused or suffered by User(s)/HCPs/HSPs on this account.
• MedRide is an intermediary as defined under the Information Technology Act, 2000 and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and shall have no liability arising from or relating to the User(s)/HCPs/HSPs/Third Party Service Provider(s) or any other third party content posted on the Platform).

Prohibited use

• User(s) shall not use the Digital Platform to seek medical advice or opinion for cases including but not limited to those falling under the category of medico legal issues, domestic violence, Protection of Children from Sexual Offences (POCSO) Act, 2012
• User(s)/Visitors to this Website are proscribed from the following,
  a. host, display, upload, modify, publish, transmit, update or share any information that
  i. belongs to another person and to which the user does not have any right;
  ii. is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
  iii. is harmful to child;
  iv. infringes any patent, trademark, copyright or other proprietary rights;
  v. violates any law for the time being in force;
  vi. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  vii. impersonates another person;
  viii. threatens the unity, integrity, defense, 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 other nation;
  ix. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
  x. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person
  b. furnishing false or incomplete information and making unsolicited statements,
• In the event of any prohibited use by the User(s) on this Digital Platform, MedRide or Third Party Service Provider(s) may file appropriate complaints and/or inform the law enforcement agencies for further necessary action.
• MedRide reserves the right to delete any document or record which the User(s) may upload on this Digital Platform containing virus(s), trojans or such other malware and User(s) agree that it shall not hold MedRide responsible or liable in any way for deleting or restricting upload access to their documents or records.
• In case of non-receipt of any SMS (es), messages, communications or notices by the User(s), regarding the status of the Services booked/cancelled/ordered/availed, User(s) are advised to contact MedRide’s Customer Care number and request for the same.
• Unless otherwise specified herein, all notices or other communications under or in connection with this Agreement shall be given in writing and may be sent by E-mail at care@medride.in. Any such notice or other communication will be deemed to be effective if sent by E-mail, (on receipt of a confirmation to the correct Email id).
• The User(s)/HCPs/HSPs shall not (i) assign its rights and obligations; and/or (ii) sub-contract the performance of its obligations, under this Agreement without the prior written consent of MedRide.
• Users’ please note that the Internet is inherently insecure or may be prone to various types of phishing attacks or other forms of attacks and that the data including but not limited to User(s)/HCPs/HSPs may be prone to such attacks or can become corrupted, or any communications may not always be delivered promptly or not delivered at all, electronic communications are also prone to various forms of contamination including but not limited to viruses. Users acknowledge and agree that it shall not hold MedRide liable for any loss, expenses, damages, or omission in any way that it may incur due to the Users’ interaction with the MedRide Digital Platform.
• Users’ please note that any prescription generated through the Digital Platform is based on the information made available by You or User to the HCPs or HSPs and is to be used on the Digital Platform for primary non-emergency consultations/Services and any consultation/Service is not an alternative or substitute to in person consultation with the HCPs or HSPs.
• Users’ please note that in the event Users’ trying to reach the Digital Platform could not get connected for the Services and the same is evidenced at MedRide as missed call or chat or in the event Users’ gets disconnected during (a) any enquiry for a Service or (b) the Service being availed, then in all such events, MedRide may call back the respective Users’ with a view to inform the Users’ the reasons for not being able to connect (subject to such information available with MedRide) or reconnect them to enable them to complete their enquiry or Service as the case may be.
• User(s) may post their feedback, including but not limited to ratings, reviews, suggestions and any other content relating to Services of MedRide ("Feedback") on MedRide’s Platform, MedRide’s domain or any other platforms including on social media pages/platforms or mobile app stores (social media pages/platforms or mobile app stores are collectively referred to as “Social Media”).
• User(s) hereby expressly agree that they shall not post any Feedback that infringes the intellectual property rights of Third Parties or is violative of applicable laws. MedRide hereby expressly disclaims all liability for the claims, losses or damages suffered or incurred by the User(s) or Third Party(ies) on account of the Feedback posted by User(s). User(s) shall alone be responsible and be liable for the consequences resulting from or in connection with the Feedback posted by them and User(s) further agree and accept to indemnify and hold MedRide harmless from and against any claims, losses or damages suffered or incurred by MedRide on this account.
• By posting the Feedback, User(s)/You hereby authorize and grant the necessary rights to MedRide to use the User(s) Feedback including but not limited to, the right to display, share, format the Feedback on any Social Media Platforms and publish the User(s) name in connection therewith. Such use of the Feedback shall be without any restriction whatsoever. MedRide shall, however, be under no obligation to use the Feedback posted by the User(s).
• Further all Parties accessing, visiting this platform or availing the services available on MedRide beware that there are/might be entities or persons (Imposters) pretending or imitating to be like MedRide or associated with/partner of MedRide and may trick or lure You/Parties demanding payments towards services or otherwise and these Imposters may fraudulently/unauthorizedly use MedRide’s intellectual property, name, logo to deceit or cheat You. All Parties are therefore, advised to cross verify with MedRide in case they find any activity to be fraudulent or suspicious.
• MedRide requests the general public and strongly recommends not to rely on any unauthentic information. Please beware of false messages being circulated on social media under MedRide’s brand name and logo. MedRide requests you to consult any professional doctor or utilize the Services on the Digital Platform to seek clarifications on any health-related queries.
• User(s) shall refrain from posting false, frivolous, baseless, unauthentic information on social media platforms regarding MedRide and the Services provided by MedRide.
• All Parties herein may please note that under no circumstances, MedRide will be responsible or liable for claims, losses, damages, expenses or for any other form of compensation or otherwise on account of, resulting from or in any way connected to the acts of the Imposters or due to the unauthorized use of its Intellectual Property.