Terms of Service 

Last Updated: June 27, 2023

INTRODUCTION

This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that requires publishing the rules and regulations, privacy policy, and user agreement for access or usage of the platform.

These domain names https://www.meedgo.com and related sub-domains, sites, services, tools, and/or its associated mobile application called "meedgo" or "meedgo App" (collectively, the "Platform") is owned by Meedgo Healthtech Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its registered address at 807 Cvil Lines, JHANSI - 284001, Uttar Pradesh (hereinafter referred to as "Meedgo", which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, and permitted assigns).

Please read these terms and conditions ("Terms" or "Terms of Use") carefully, as it contains the terms and conditions governing your use of the Platform and any content such as text, data, information, software, graphics, audio, video, or photographs, etc. that Meedgo may make available through the Platform and any services that Meedgo may provide through the Platform. In order to use the Platform, you must first agree to these Terms. By accessing, browsing, or otherwise using the Platform, you are agreeing to these Terms and concluding a legally binding contract with Meedgo. Please do not access or use the Platform if you do not agree with any of the terms provided herein or are unable to be bound by them. In addition, if you visit any of our partners' websites/partners' mobile applications (hereinafter, collectively referred to as "Partner Platforms") or arrive at the Platform through the Partner Platforms, you may also be subject to the terms and conditions of such Partner Platforms. As a condition of your access to and use of the Platform, you hereby agree that you will comply with all Applicable Laws (defined hereinafter) and regulations when using the Platform.

For the purpose of these Terms, wherever the context so requires, the term "User" shall refer to you, being a natural person who is accessing or using the Platform and in pursuance of the same has provided registration data while registering on the Platform in accordance with the terms contained herein.

Meedgo reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time and will notify you at least once in a year or whenever there is a change in these Terms (as the case may be), by email or by posting a conspicuous notice on the Platform. Your continued use of the Platform following the posting of changes shall be deemed to mean that you accept and agree to the revisions made to these Terms. As long as you comply with these Terms, Meedgo grants you a personal, revocable, non-exclusive, non-transferable, non-sub-licensable, limited license to access and use the Platform.

You should read these Terms and access and read all further linked information, if any, referred to in these Terms, as such information contains further terms and conditions that apply to you as a User of the Platform.

If you are unwilling or unable to be legally bound by these Terms, please do not use the Platform. You cannot accept these Terms if: (a) you are not lawfully entitled to use the Platform; or (b) if you are not of legal age to form a binding agreement with Meedgo.

Such linked information including but not limited to Meedgo' Privacy Policy ("Policy") and Cookies Policy is hereby incorporated by reference into these Terms.

DEFINITIONS

In these Terms, unless the context or meaning otherwise requires:

• Applicable Law shall mean and include all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives, and orders of any governmental authority, statutory authority, and/or board including but not limited to the Ministry of Health and Family Welfare, as may be applicable and in each case, any implementing regulation or interpretation issued thereunder including any successor Applicable Law.
• Channel Partner shall mean a Person appointed by Meedgo to facilitate the performance of the Services provided on the Platform, including but not limited to Pharmacist, hospitals, medical practitioners, service providers, and/or other agents appointed by Meedgo.
• Pharmacist are third party retail chemists or pharmacies or medical stores or general retailers registered on the Platform and whom we have partnered with for facilitation of our Services including for selling medicines and wellness products.
• Healthcare Professional(s) is a Person working in the healthcare industry like medical professionals, doctors, mental health advisors, dieticians, fitness experts, lab assistants, technicians, diagnostic center staff, etc.
• Medical Practitioner(s) is a person who is a registered medical practitioner enrolled in the State Medical Register or the Indian Medical Register under the Indian Medical Council Act 1956.
• Person means any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a Person under Applicable Law.
• Personal Information shall mean to include any past, present, or future health and health-related information of a User and/or his or her family members which may be accessed, stored, used, and updated only by the User and/or his or her family members and such other persons as may be indicated in the Privacy Policy.
• Prescription shall mean a written or electronic direction from a medical practitioner to a pharmacist to compound and dispense a specific type and quantity of preparation or prefabricated drug to a patient.
• Services shall mean the services provided by Meedgo to its Users through the Platform.
• Service Providers are trusted third party service providers (other than Pharmacist, Medical Practitioners, or Healthcare Professionals) who assist and help us in facilitation of our Services like payment gateways, cloud servers, business partners, agents, trusted affiliates, and advertisers etc.
• Telemedicine refers to the delivery of healthcare services by all health care professionals using information, communication technologies and our Platform for the exchange of valid information for diagnosis, treatment and prevention of disease and injuries, research and evaluation, all in the interests of advancing the health of individuals.
• User Account shall mean the online account exclusive to a User and/or his or her family members (as the case may be) used by the User and/or his or her family members (as the case may be) to avail Services offered by Meedgo through the Platform.

MEMBERSHIP ELIGIBILITY

Use of the Platform is available only to natural persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, and persons of unsound mind are not eligible to use the Platform. Any person under the age of 18 (Eighteen) shall not register on the Platform and shall not transact on or use the Platform. If a minor wishes to use or transact on the Platform, such use or transaction may be made by the minor’s legal guardian or parents on the Platform. Any minor accessing, using, or transacting on the Platform in violation of these Terms shall be doing so at their own risk and Meedgo shall not be responsible or liable for any activities or interactions of such minor on the Platform. Meedgo reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Platform if it is brought to the notice of Meedgo or if Meedgo discovers for itself that such person is not eligible to use the Platform.

ACCEPTANCE OF TERMS

In order to use the Platform, you must first agree to these Terms. You shall be deemed to have accepted these Terms upon the occurrence of any of the following:

• (a) signing up with Meedgo and logging onto the Platform by using the Login Credentials; or
• (b) actually using the Platform, in this case, you understand and agree that Meedgo will treat your use of the Platform as acceptance of the Terms from that point onwards.

OPENING A USER ACCOUNT

• The Platform allows only limited and restricted access to the Services for unregistered users. In order to use the Platform, you will have to create the User Account by signing up on the Platform which can be done by providing/using the following:
  1. your cell phone number with password; or
  2. email address with password; or
  3. such other login credentials that are adopted by Meedgo from time to time and duly intimated to you, for setting up a User Account on the Platform.
  Upon entering the required details, you may either receive a One Time Password (OTP) for the purpose of verification of your User Account or your User Account may be verified by such other auto verification process adopted by MedCords from time to time and duly intimated to you, and upon completion of verification, the User Account is created and is ready for use.
• Once the User Account is created, you, as a User, will be entitled to add details of your family members to your User Account (“User Family Members”). These details shall include, without limitation, name, age, height, weight, relationship and location of each of the User Family Members. It is clarified that all Services provided on the Platform may be availed by each of the User Family Members through your User Account using your Login Credentials in compliance with the Terms. Upon such usage, each User Family Member shall be deemed to be User for the purpose of these Terms.
• Except as expressly provided in these Terms, you shall not transfer or share your User Account information with anyone.
• While signing-up on the Platform, you shall not:
  • create a User Account for anyone other than yourself and/or the User Family Members (as the case may be), unless such person's prior permission has been obtained;
  • use a User Account that is the name of another person except in case of such use being undertaken by a User Family Member or a parent/legal guardian of a minor;
  • use a User Account that is the name of another person with the intent to impersonate that person.
  Meedgo cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

USERNAME AND PASSWORD

• Once registered, in order to log into the User Account on the Platform, you will be required to provide the following:
  1. the cell phone number with password; or
  2. the email address with password; or
  3. such other login credentials that are adopted by Meedgo from time to time and duly intimated to you for logging into the User Account on the Platform, used at the time of signing-up (“Login Credentials”).
  Upon being successfully registered on the Platform you will be provided access to a dashboard which shall provide you the Services.
• You shall be solely responsible for maintaining.
• You shall be solely responsible for maintaining the confidentiality and security of your Login Credentials.
• You agree not to disclose your Login Credentials to any third party or allow any third party to access your User Account.
• You are solely responsible for any and all activities that occur under your User Account.
• You agree to immediately notify Meedgo of any unauthorized use of your User Account or any other breach of security.
• Meedgo shall not be liable for any loss or damage arising from your failure to comply with the security obligations stated in this provision.
• You understand that the security of your User Account is essential to protect your personal information and ensure the proper functioning of the Services.
• Meedgo reserves the right to suspend or terminate your User Account if it suspects any unauthorized access or use.
• Meedgo may also require you to change your Login Credentials if it believes they have been compromised.
• It is your responsibility to regularly update and maintain the accuracy of your personal information associated with your User Account.
• You agree to provide accurate, current, and complete information during the registration process and promptly update any changes.
• Meedgo may use the contact information provided by you to communicate important notices or updates regarding your User Account or the Services.
• Meedgo shall not be responsible for any loss or damage arising from your failure to receive or read such communications.
• You acknowledge and agree that the Services provided by Meedgo are subject to change, modification, or termination at any time, without prior notice.
• Meedgo reserves the right to update, modify, or discontinue any feature, functionality, or content of the Services.
• While Meedgo strives to provide accurate and up-to-date information, it does not warrant or guarantee the accuracy, completeness, or reliability of any content or information available through the Services.
• You understand and agree that your use of the Services is at your own risk and that Meedgo shall not be liable for any damages or losses resulting from your reliance on any content or information obtained through the Services.
• Meedgo may, from time to time, provide links to third-party websites or services. You acknowledge and agree that Meedgo is not responsible for the availability, content, or accuracy of such websites or services.
• Your interactions with third-party websites or services are solely between you and the third party, and Meedgo shall not be liable for any damages or losses arising from such interactions.
• You agree to comply with all applicable laws, rules, and regulations when using the Services, including but not limited to copyright laws, privacy laws, and export control laws.
• Meedgo reserves the right to suspend or terminate your access to the Services at any time, for any reason, including but not limited to your violation of these Terms of Service.
• Upon termination, you must cease all use of the Services and destroy any copies of Meedgo's software or materials in your possession.
• These Terms of Service constitute the entire agreement between you and Meedgo regarding your use of the Services and supersede any prior agreements or understandings, whether written or oral.
• Any failure by Meedgo to enforce any provision of these Terms of Service shall not be deemed a waiver of such provision.
• If any provision of these Terms of Service is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
• These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction where Meedgo is incorporated, without regard to its conflict of laws principles.
• You are solely responsible for maintaining the confidentiality of your account information, including your username and password. You agree to notify Meedgo immediately of any unauthorized use of your account or any other breach of security.
• You shall not use the Services in any manner that could damage, disable, overburden, or impair the Meedgo platform or interfere with any other party's use and enjoyment of the Services.
• Meedgo reserves the right to suspend or terminate your access to the Services if it believes, in its sole discretion, that you have violated or acted inconsistently with the letter or spirit of these Terms of Service.
• You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of Meedgo.
• Meedgo does not guarantee that the Services will be uninterrupted, timely, secure, or error-free, or that any defects in the Services will be corrected.
• You understand and agree that Meedgo shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Meedgo has been advised of the possibility of such damages), resulting from your use of the Services.
• You agree to indemnify and hold Meedgo and its affiliates, officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, your violation of these Terms of Service, or your violation of any rights of another party.
• These Terms of Service may be updated or modified by Meedgo from time to time, without prior notice. The most current version of the Terms of Service will be posted on the Meedgo website. Your continued use of the Services after any such changes constitutes your acceptance of the updated Terms of Service.

Check Yourself

• Under this Service, Users will be able to self-check their or their family members’ physical and/or mental symptoms on the Platform by responding to certain pre-programmed questions. Their responses to the questions shall help Meedgo assess the symptoms and provide a metered risk analysis report indicating whether the symptoms require urgent care or attention.

• The Service aims to provide the result of the responses in 60 (Sixty) seconds through our analytical tools. The resulted report is only indicative in nature and shall not be constituted as medical advice. Users are requested to assert discretion and seek physical medical care for all ailments. Meedgo may suggest treatments or services in accordance with the result of the report but we do not guarantee any effectiveness or success upon using these services.

• It is expressly clarified that the information provided on the Platform, as part of this Service, is not a substitute for professional medical advice or treatment for specific medical conditions and should not be considered medical or health advice. The information provided on the Platform under this Service is for general informational purposes only and the Platform is not intended to provide diagnosis, treatment, or any medical advice. Whilst providing this Service, the information displayed on the Platform is also not exhaustive, should not be considered complete, and does not cover all diseases, ailments, physical or mental conditions, or their treatment. Nothing on the Platform provided as part of this Service is intended to suggest a course of treatment for a particular User, and the content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The User should never disregard professional medical advice or treatment or delay seeking professional medical advice or treatment because of reliance placed on any content on the Platform.

CONTENT AND INTELLECTUAL PROPERTY RIGHTS

• Except for User Content, all of the content and Services and products provided on the Platform, including text, software, scripts, code, designs, graphics, photos and other content and the copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated therewith (“IP”) is owned by Meedgo or others (including without limitation, the Channel Partners, third party service providers or participants) that Meedgo licenses such content from, and is protected by copyright, trademark, patent and other intellectual property laws.
• You hereby acknowledge that the IP constitutes original works and has been developed, compiled, prepared, revised, selected, and arranged by Meedgo and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Meedgo and such others. You thereby agree to protect the proprietary rights of Meedgo during and after the term of these Terms. You may not selectively download portions of the Platform without retaining the copyright notices. You may download material from the Platform only for your own personal use and for no commercial purposes whatsoever.
• You shall use the Platform strictly in accordance with these Terms, and shall not, directly or indirectly,
  1. decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Platform;
  2. make any modification, adaptation or improvement, enhancement, translation or derivative work from the Platform;
  3. violate any Applicable Laws, rules or regulations in connection with your access or use of the Platform;
  4. remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Platform;
  5. use the Platform for any commercial or revenue generation endeavors, or other purposes for which it is not designed or intended;
  6. distribute or transmit the Platform or other services;
  7. use the Platform for any purpose not in accordance with these Terms;
  8. use the Platform for creating a service or software that is directly or indirectly, competitive with the Platform or any Services offered by Meedgo; or
  9. derive any confidential information, processes, data or algorithms from the Platform.
• Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available remedies under Applicable Laws of the country.

Rights & Reservations

• Meedgo reserves the right to:
  • Make all decisions in relation to inter alia your registration with Meedgo;
  • Request additional documents and additional information from you for the purpose of your registration as a User with the Platform;
  • Deny access to the Platform or any portion thereof without notice for the following reasons
    1. any unauthorized access or use by you;
    2. attempt(s) to assign or transfer any rights granted to you under these Terms;
    3. violation of. any of the terms and conditions set forth in these Terms;
    4. violation of any Applicable Laws;
    5. engaging in any fraudulent, deceptive, or illegal activity;
    6. any conduct or behavior that Meedgo, in its sole discretion, deems to be harmful to the Platform, other Users, or any third party;
    7. any failure to pay any fees or charges due to Meedgo;
    8. breach of any representations or warranties made by you under these Terms;
    9. disruption, interference, or harm to the operation or functionality of the Platform;
    10. for any other reason, as determined by Meedgo in its sole discretion.
  • Meedgo reserves the right to modify, suspend, or discontinue the Platform or any part thereof at any time, with or without notice.
  • Meedgo also reserves the right to change or modify these Terms at any time, with or without notice. It is your responsibility to review these Terms periodically for any updates or changes. Your continued use of the Platform after any modifications or changes to these Terms constitutes your acceptance of such modifications or changes.
  • Meedgo may assign its rights and obligations under these Terms to any third party without your consent.
  • These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction].

TERMINATION OF ACCESS TO THE PLATFORM

• Your User Account can be terminated at any time by:
• You, by ceasing to use the Platform.
• Meedgo, in its sole discretion for any reason or no reason, including your violation of these Terms or lack of use of Platform. You acknowledge that the termination of access to the Platform may be affected without any prior notice, and Meedgo may immediately deactivate or delete the User Account and all related information and/or bar any further access to the User Account or the Services, subject to Applicable Law.
• REPRESENTATIONS

You hereby represent and warrant that you have validly entered into these Terms and have the legal power to do so. You further represent and warrant that you shall be solely responsible for the due compliance with these Terms.

• LIMITATION OF LIABILITY

IN NO EVENT SHALL MEEDGO HEALTHTECH PVT LMT, ITS DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Meedgo healthtech Pvt Lmt IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF Meedgo VIS-À-VIS ANY USER OF THE PLATFORM, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF TRANSACTION AMOUNT PAID BY THE USER TO MEEDGO HEALTHTECH PVT LMT. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

• Medical Practitioners listed on the Platform have represented to MEEDGO HEALTHTECH PVT LMT under agreements entered into in this behalf that they are duly qualified to practice medicine in India and are enrolled on the medical register in one of the states of India. While Meedgo makes reasonable enquiries to confirm the veracity of this representation made to Meedgo the said medical practitioners, Meedgo shall not be responsible.
• Medical Practitioners listed on the Platform have represented to MEEDGO HEALTHTECH PVT LMT under agreements entered into in this behalf that they are duly qualified to practice medicine in India and are enrolled on the medical register in one of the states of India. While Meedgo makes reasonable enquiries to confirm the veracity of this representation made to Meedgo the said medical practitioners, Meedgo shall not be responsible.

TERMS OF SERVICE

• SEVERABILITY AND WAIVER

These Terms, the Privacy Policy and other referenced material herein or on the Platform, are the entire agreement between you and Meedgo with respect to the Services offered on the Platform, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Meedgo with respect thereto and govern the future relationship. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

GRIEVANCE REDRESSAL MECHANISM

In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

• Name: Khurram Muhatism
• Address: 11th mile kanpur road jhansi (Uttar Pradesh) (Pin: 284121)
• Cell: 8957024380
• Email: Contact@meedgo.com

For registering your complaint, please write to the Grievance Officer at the above-mentioned email address in relation to any violation of these Terms or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.

HOW TO CONTACT US

If you have questions or concerns about these Terms, please contact Meedgo at the following email address: care@meedgo.com