Terms & Conditions


The website https://health.zymedelite.com  (“Website”) and mobile application ZyMedElite available for download at the Google Play Store, the Apple App Store and the Windows App Store (hereinafter referred to as “Mobile Application”) are operated by Digicare Health Solutions Private Limited (here after referred as “ZyMedElite), a company incorporated under the Company’s Act 2013 and having its registered office address at 8th Floor, N.G. Tower, Iscon Cross Roads, Satellite, Ahmedabad, Gujarat-380015.

By visiting our Website, and/ or downloading our Mobile Application and installing it on your mobile phone, or booking an appointment you engage in our Services (as defined below) and agree to be bound by the following terms and conditions (“Terms of Use”). These Terms of Use and our Privacy Policy available on the Website and on the Mobile Application constitute a binding legal agreement (“Agreement”) between you and ZyMedElite in connection with your use of the Website, Mobile Application and the Services.

Please read these Terms of Use carefully before accessing or using our Website and/ or the Mobile Application. By accessing or using any part of the Website and/ or the Mobile Application, you agree to be bound by these Terms of Use. If you do not agree to all the Terms of Use, then you shall not access the Website and/ or the Mobile Application or use any Services. You assume full responsibility and take all risks arising from use of the Website and/ or the Mobile Application. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms of Use.

The Agreement applies to you whether you are –

  1. A doctor or health care provider (whether an individual professional or an organization or hospital) or similar institution wishing to be registered, or already registered, on the Website and/ or Mobile Application, including designated, authorised associates of such practitioners or institutions(“Medical Practitioner (s)”, “you” or “User (s)”, as the context permits); or

  2. A patient, his/her representatives or legal heirs, searching for Medical Practitioners and registered through the Website and/ or Mobile Application (“End User”, “you” or “User (s)”, as the context permits); or

  3. Otherwise a user of the Website and/ or Mobile Application (“you” or “User (s)”, as the context permits).

This Agreement applies to those services made available by ZyMedElite on the Website and/ or Mobile Application to the User, including the following (“Services”):

  1. For Medical Practitioners: Listing of Medical Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website and/ or Mobile Application and creating support profiles for their assistants, junior doctors, paramedics respectively on case to case basis for assisting the Medical Practitioners.

  2. For other Users: Facility to (i) Search for Medical Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by ZyMedElite (ii) to make appointments for consultation and follow-up with Medical Practitioners, (iii) to engage with the Medical Practitioners through video, telephone, and online-chat/message for telemedicine consultations and share their data.

Throughout the Website and/ or the Mobile Application, the terms ‘we’, ‘us’ and ‘our’ refer to ZyMedElite which offers this Website and/ or the Mobile Application for the Services, including all information, tools and services available on this Website and/ or the Mobile Application to you, the User, conditioned upon your acceptance of these Terms of Use.

Any new features or tools which are added to the Website and/ or the Mobile Application shall also be subject to these Terms of Use.

  1. ACCOUNT ENROLEMENT:

To access the Services, you must first establish a user account (“Account”) on the Website and/ or the Mobile Application, by providing requested information. If you are establishing an account on behalf of a legal entity then you should have the required authorization to do so. With the exception of subaccounts established for a minor of whom you are a parent or legal guardian, you agree that you will not create more than one Account, or create an account for anyone other than yourself (or the legal entity you represent) without first receiving permission from the other person. In exchange for your use of the Services and, if applicable, in order for Medical Practitioners to send notices to you, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form; and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and/or complete. If you provide any information that is untrue, inaccurate, not current and/or incomplete, or we have reasonable grounds to suspect that such Account information is untrue, inaccurate, not current and/or incomplete, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of the Services. You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor of whom you are a parent or legal guardian, to agree to these Terms of Use. ZyMedElite may, in its sole discretion, refuse to accept your registration or subscription due to non-compliance with any eligibility or subscription requirement. You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any applicable laws (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature while using the Website and/ or the Mobile Application. A breach or violation of any of the Terms of Use will result in an immediate termination of your Services. ZyMedElite shall have a right to immediately terminate and/ or suspend the Services at any time for a particular User without giving any reason/notice to such User. You shall not share your login/credentials with any other person, and you will not share any of the contents on the Website and/ or the Mobile Application with any one. ZyMedElite shall not be made liable and cannot guarantee unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report immediately any actual or suspected breach of account to ZyMedElite.

  1. GENERAL CONDTIONS:
     
     

    1. We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (excluding payment information), may be transferred unencrypted subject to applicable law, and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Payment information is always encrypted during transfer over networks. You agree and undertake not to reproduce, duplicate, copy, alter, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any content on the Website and/ or the Mobile Application through which the Services are provided. Your right to use the Website and/ or Mobile Application is non-transferable and non-exclusive. Any rights given to you by virtue of using the Services are not transferable and non-exclusive. Any reproduction, retransmission, redistribution, publication or other use of any content, form or document available on the Website and/ or the Mobile Application is strictly prohibited other than for your personal use. You do not have nor can you acquire ownership rights to any content or document obtained from our Website and/ or Mobile Application.

    2. Without prejudice to the generality of the Services, ZyMedElite has no role to play in determining the consultation fees of the Medical Practitioner’s. The consultation fees are determined at the discretion of the Medical Practitioner’s and ZyMedElite will collect the consulting fees on behalf of Medical Practitioner along with a convenience fee and all applicable taxes payable after which the appointment will be confirmed. ZyMedElite shall not be liable for any refunds to the End User in the event the End User’s booked slot/ time for an appointment has been delayed or cancelled by Medical Practitioner. However, ZyMedElite will work with the End User to schedule another appointment with the same or another Medical Practitioner. Any grievances can always be communicated to the support team at support@ZyMedElite.com

    3. Without prejudice to the generality of the above, ZyMedElite or its licensor or advisors or consultants shall not be liable for:

      1. any wrong medication or treatment being prescribed/ given by the Medical Practitioner(s), or any medical negligence on the part of a Medical Practitioner(s);

      2. any type of inconvenience suffered by the End User due to a failure on the part of the Medical Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Medical Practitioner, inappropriate treatment, or similar difficulties;

      3. any misconduct or unethical or inappropriate behavior by the Medical Practitioner or the Medical Practitioner’s staff;

      4. cancellation, no show, or rescheduling of booked appointment or any variance in the fees charged;

      5. any medical eventualities that might occur subsequent to using the services of a Medical Practitioner, whom the End User has selected on the basis of the information available on the Website and/ or the Mobile Application or with whom the End User has booked an appointment through the Website and/ or the Mobile Application.

      6. any claims or damages in respect of the medical services, treatment and care rendered by the Medical Practitioner(s).

      7. any breach of applicable laws by the Medical Practitioner or his/her staff, End User or any other user or beneficiary of the Services.

    4. Further, ZyMedElite shall not be liable, under any event, for any comments or feedback given by any of the User in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at ZyMedElite’s sole discretion and may be modified or withdrawn at its sole discretion. ZyMedElite may moderate such feedback at any time. ZyMedElite shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Medical Practitioner from the Website and/ or the Mobile Application.

    5. You hereby give your consent to us for using your location, camera, audio, storage, video, microphone, etc. for providing you the Services under this Agreement.

    6. ZyMedElite shall have a right to post various articles and eBooks on the Website and/ or the Mobile Application and ZyMedElite holds the right to decide which articles can a particular Medical Practitioner be allowed to download as pdf for offline reading while for e-books, every Medical Practitioner can download up to 40 pages worth of chapters per day across all books as pdf for offline reading or as may be decided from time to time by ZyMedElite.

    7. You shall not reverse engineer, decipher, decompile, decode, decrypt, disassemble, frame, hotlink or deeplink or derive any source code or the content from the Website and/ or the Mobile Application.

    8. You agree that you will not perform any act that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) with respect to its functionality, performance and efficiency.

    9. You agree that you shall not delete or revise any material or information posted by any other user(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.

    10. You will not submit any of your information under (i) a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which your content is submitted.

    11. We have made every effort to display information as accurately as possible including details about hospitals, Medical Practitioners, location, medical data and any other related information. We cannot guarantee that your mobile phone/laptop/desktop/other device will not display incomplete information at any time.

    12. We reserve the right, but are not obligated, to limit the sales of Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the Services that we offer. All descriptions of pricing are subject to change at any time without notice, at the sole discretion of ZyMedElite and/ or Medical Practitioners as and when applicable. We and/ or Medical Practitioners jointly or separately reserve the right to discontinue any Service at any time.

    13. You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences are strictly between you and the other Users. You shall not hold ZyMedElite responsible for any such interactions and associated issues. For avoidance of doubt, ZyMedElite is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Medical Practitioner you interact with, pursuant to any interactions on the Website and/ or Mobile Application. Other than information received directly by you from Medical Practitioner in the context of Services, the content on the Website and/ or Mobile Application should not be considered medical advice. If you decide to engage with a Medical Practitioner to provide medical services to you, you do so at your own risk. ZyMedElite shall not be responsible for any breach of service or service deficiency by any Medical Practitioner. We cannot assure nor guarantee the ability or intent of the Medical Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Medical Practitioner. We do not warrant that the quality of any services, information obtained by you will meet your expectations, or that any errors in the Service will be corrected. You further understand that the Services are not a substitute for any emergency medical care and it is advisable not to use these services in case of any medical emergency.

    14. We reserve the right to refuse any appointment booking or consultation you place with us. We may, in our sole discretion, limit or cancel appointments scheduled per person, or per booking. These restrictions may include appointments booked by or under the same patient account, the same payment method, and/or booking that use the same billing and/or shipping address. In the event that we make a change to or cancel booking, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the booking was made. We reserve the right to limit or prohibit bookings that, in our sole judgment, appear to be placed by unauthorised entities.

    15. ZyMedElite shall not be responsible or liable in any manner to any User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures or publications made by ZyMedElite, where the User has expressly or implicitly consented to the making of disclosures or publications by ZyMedElite. If the User had revoked such consent, then ZyMedElite shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by ZyMedElite prior to its actual receipt of such revocation.

    16. The terms in this Clause 2.16 are applicable only to Medical Practitioners.

      1. Medical Practitioners shall have and shall continue to maintain and keep current all their qualifications, registrations, licenses and enrollments required by applicable laws and rules of professional conduct.

      2. ZyMedElite directly (when provided by a Medical Practitioner) or indirectly collects information regarding the Medical Practitioners’ profiles, contact details, and practice (including but not limited to licenses, registration certificates, educational qualification certificates). ZyMedElite reserves the right to take down any Medical Practitioner’s profile as well as the right to display the profile of the Medical Practitioner’s, with or without notice to the concerned Medical Practitioner. This information is collected for the purpose of facilitating interaction with the End Users. If any information displayed on the Website and/ or Mobile Application in connection with you and your profile is not correctly written or it undergoes any change, you are required to inform ZyMedElite immediately to enable ZyMedElite to make the necessary changes.

      3. ZyMedElite shall not be liable and responsible for the ranking of the Medical Practitioners on external websites and search engines.

      4. Medical Practitioner shall use the Website and/ or Mobile Application in accordance with the protocol if any provided by ZyMedElite/ its licensor and shall use the updated version only.

      5. Medical Practitioner shall be responsible for any acts & omissions of any of it’s personnel and shall inform ZyMedElite in case they believe or become aware of any actual or potential unauthorized access or any attempt to disrupt the integrity of the Website and/ or Mobile Application.

      6. ZyMedElite reserves the right to moderate the suggestions made by the Medical Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website and/ or the Mobile Application. However, ZyMedElite shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Medical Practitioners are added to the Website and/ or the Mobile Application.

      7. Medical Practitioners explicitly agree that ZyMedElite reserves the right to supply the content provided by Medical Practitioners to a third party or publish the same on other content platforms without any prior consent of the Medical Practitioners and/ or the End User.

      8. You as a Medical Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law, including but not limited, to Indian Medical Council Act, 1956, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, Telemedicine Practice Guidelines issued by the Ministry of Health and Family Welfare, Drugs and Cosmetics Act, 1940, and the Clinical Establishment (Registration and Regulation) Act, 2010, and any amendments thereto (“applicable laws”). Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and ZyMedElite accepts no liability for the same.

      9. You should limit the use of this Website and/ or Mobile Application within the territory of India only and only for the End Users and you shall not provide Services to any person other than End Users.. You shall not provide Services to any person who is not a resident of India. ZyMedElite shall not be responsible if End-User avail any services from outside India.

      10. ZyMedElite ensures easy access to the Medical Practitioners by providing a tool to update your profile information. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using the Services, and that no such content breaches any third party rights, including intellectual property rights or confidentiality obligations undertaken by you. Upon becoming aware of a breach of the foregoing representation, ZyMedElite may modify or delete parts of your profile information at its sole discretion without any notice to you.

      11. If ZyMedElite determines that you have provided unauthorised or inaccurate information or enabled fraudulent feedback, ZyMedElite reserves the right to immediately suspend any of your accounts with ZyMedElite and makes such declaration on the Website and/ or the Mobile Application alongside your name/your clinics name as determined by ZyMedElite for the protection of its business and in the interests of Users.

      12. ZyMedElite reserves the rights to display sponsored ads on the Website and/ or the Mobile Application. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, ZyMedElite will not be liable for the accuracy of information or the claims made in the Sponsored Listings.

      13. ZyMedElite does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. ZyMedElite will not be liable for the services of the providers of the Sponsored Listings.

      14. ZyMedElite shall remit the fees to the Medical Practitioner in accordance with the terms agreed between the Medical Practitioners and ZyMedElite.

      15. ZyMedElite reserves the right to revise the convenience fee terms at any time at their discretion. The Medical Practitioner’s continued use of the services shall constitute his/her consent to such revision.

      16. Medical Practitioner hereby represents and warrants that he/she/it;

is qualified to provide medical services in accordance with applicable laws;
 has obtained and kept valid all licenses as required by applicable law to provide medical services including but not limited to being enrolled in the Indian Medical Register or the State Medical Register of Medical Council of India or the relevant State Medical Council as applicable, and has not committed any act or omission that might prejudice its continuance or renewal;
 has provided ZyMedElite true, accurate, complete and up to date details about their qualification and credentials;
 has not been subject to any disciplinary or medical negligence proceedings or is not facing any claims from any third-parties.

      1. Medical Practitioner agrees that he/she/it shall at all times abide by the applicable medical regulations.

      2. Medical Practitioners shall promptly renew their licenses required to provide medical services and provide a copy to ZyMedElite about the same. Furthermore, Medical Practitioners must without delay notify ZyMedElite in the event the Medical Practitioner loses his/her ability to practice medicine or there is a suspension of the Medical Practitioner’s licenses or registrations due to any reasons whatsoever.

      3. Medical Practitioners shall promptly comply with paying government taxes, filing tax returns and following related procedures.

      4. ZyMedElite reserves the right to immediately terminate or suspend any Account of the Medical Practitioner without notice, in case;

The Medical Practitioner breaches any Terms of Use or applicable laws;
 ZyMedElite is unable to verify or authenticate any information provided to it by a Medical Practitioner; or
 ZyMedElite in its sole and absolute discretion believes that actions of the Medical Practitioner may cause legal liability for ZyMedElite or other Users and / or may adversely affect the Services rendered by ZyMedElite.

      1. Medical Practitioner hereby agrees that, for any End User who contacts the Medical Practitioner using the Website and/ or Mobile Application, only he/she/ it shall be allowed to perform the services for the End User and that the Medical Practitioner may under no circumstances be permitted to transfer the performance of his/her/its services to any other person, whether under their supervision or not. The Medical Practitioner accepts all responsibility and liability for the use of Website and/ or Mobile Application, including the performance of his/ her/its services, by any other party claiming to be the Medical Practitioner and hereby agrees to indemnify and hold harmless ZyMedElite and its affiliates, officers directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees against any claim, damages, expenses or loss that may be faced consequent to such use.

      2. Medical Practitioner hereby agrees to hold in strictest confidence all information provided by End User and/ or ZyMedElite to him/her/ it under all circumstances. Medical Practitioner agrees that he/she/ it shall not disclose any information or documentation provided by an End User to any other person, nor shall he/she/ it allow, by act or omission, such information or documentation to be acquired by any other person. Furthermore, the Medical Practitioner agrees to abide by all applicable data protection laws, including but not limited to Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, the Electronic Health Record (EHRC) Standards, 2016 notified by the Ministry of Health and Family Welfare, and any amendments thereto.

      3. Medical Practitioner agrees to render his/her services and fulfill their obligations towards their End User using their best efforts, skill and ability.

      4. The Medical Practitioner will clearly and accurately identify himself/herself prior to provision of services to any End User.

      5. The Medical Practitioner agrees that his/her professional judgement will be the guiding principle for all telemedicine consultations, and that he/she will uphold the same professional and ethical norms and standards as applicable to traditional in-person care, within the intrinsic limitations of telemedicine.

      6. Any medicines or drugs must be prescribed by means of telemedicine only after the Medical Practitioner is satisfied that the Medical Practitioner has adequate and relevant information about the End User’s medical condition and prescribed medicines are in the best interest of the End User. Any prescriptions that are prescribed by the Medical Practitioner to End Users must be maintained as required for in-person consultations. Furthermore, the Medical Practitioner must not prescribe any restricted medicines, drugs, herbs or other such substances as per applicable law, nor encourage the End User to obtain such restricted substances on their own accord. If a physical examination is critical for consultation, the Medical Practitioner should not proceed until a physical examination can be arranged through an in-person consult.

      7. The Medical Practitioner will exercise professional judgement in determining whether a telemedicine consultation is appropriate in a given situation or an in-person consultation is required in the interest of the End User and shall further determine the mode of consultation basis on the requirement for diagnosis or treatment on a case to case basis. If a physical examination is critical information for consultation, the Medical Practitioner should not proceed until a physical examination can be arranged through an in-person consult.

      8. The Medical Practitioner will prior to provision of services and any End User consultation, obtain the End User’s consent and after verifying and confirming the End User’s identity by name, age, address, email ID, phone number, registered ID or any other identification as may be deemed to be appropriate.

      9. Medical Practitioner not to exchange any personal contact information with any End User or encourage any End User for making payments related to the Services off the Website/Mobile Application.

      10. Medical Practitioner agrees and understands that some or all his/her information including information available on other websites or platforms, may be made available to the general public through the Website and/ or Mobile Application or otherwise by ZyMedElite and that he/she has no objection to the same.

      11. Medical Practitioner hereby assigns to ZyMedElite in perpetuity all intellectual property rights residing in the responses provided by him/her for use by ZyMedElite worldwide.

      12. Any communication sent by or through Website and/ or Mobile Application to the Medical Practitioner is based solely on information uploaded by the Users. ZyMedElite shall not be responsible for the incompleteness and/or inaccuracy of such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.

      13. The Medical Practitioner authorizes ZyMedElite to collect consultation fees from End Users on behalf of the Medical Practitioner through the multiple approved payment gateways, and such collection shall be in advance and prior to the Medical Practitioner providing such End Users any services.

  1. ACCURACY AND COMPLETENESS OF INFORMATION:

ZyMedElite collects, directly or indirectly, and displays on the Website and/ or in the Mobile Application, relevant information regarding the profile and practice of the Medical Practitioners listed on the Website and/ or the Mobile Application, such as their specialization, qualification, fees, location, visiting hours, and similar details. ZyMedElite takes commercially reasonable efforts to ensure that such information is updated at frequent intervals. Although ZyMedElite screens and validates the information and photos submitted by the Medical Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such commercially reasonable efforts. To the extent medical advice is provided to you by the Medical Practitioners through the Services, such medical advice is based on your personal health data as provided by you to the Medical Practitioners and the local standards of care for your presenting symptoms, based on the information you provide. We are not responsible if information made available on the Website and/ or the Mobile Application is inaccurate, incomplete and/or not current. The material on the Website and/ or the Mobile Application are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material or medical information on the Website and/ or the Mobile Application are at your own risk. The Website and/ or Mobile Application may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website and the Mobile Application at any time, but we have no obligation to update any information on the Website and the Mobile Application. You agree that it is your responsibility to monitor changes to the Website and the Mobile Application. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

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  2. MODIFICATIONS TO THE SERVICE AND PRICES:

Prices for our Services are subject to change. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services. We may change our technology partner and/or licensor and you hereby give your consent to ZyMedElite to transfer all your information on the Website and/ or the Mobile Application to the new technology partner and/or licensor. We are not liable for any issues arising out of the transaction or decline of your transaction for any reasons including but not limited to your payment method not containing sufficient funds to complete the transaction or if you have provided incorrect payment details.

  1. THIRD PARTY CONTENTS:

We may provide you with access to third-party contents which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such content ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party contents.

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  2. Any use by you of such third-party contents offered through the Website and/or the Mobile Application is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which contents are provided by the relevant third-party provider(s).

  3. We may also, in the future, offer new services and/or features through the Website and/ or the Mobile Application (including, the release of new contents and resources). Such new features and/or services shall also be subject to these Terms of Use. Certain content and features available via our Services may include materials from third-parties. Third-party links on the Website and/ or the Mobile Application may direct you to third-party website. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party website and/ or the mobile applications, or for any other services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party website and the mobile applications. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

  4. GRANT:

ZyMedElite grants you the right to use, subject to your compliance with the Terms of Use and the Privacy Policy, the Website and/ or the Mobile Application to have video/ audio/ web-chats consultations with the Medical Practitioners listed in the Website and/ or Mobile Application based on pre-approved bookings and confirmed payments during the term of usage as per these Terms of Use and only within the territory of India.

  1. OWNERSHIP:

You hereby agree that ZyMedElite and its licensor owns and/ or has a license to use all proprietary rights, including copyrights, patents, trademarks, brand names, logo, design and any trade secrets of the Website and the Mobile Application. A limited royalty-free right is granted to you by ZyMedElite to use the content available on the Website and/ or Mobile Application only for personal and non-commercial use in India for the term of the Agreement. The Users agree that other than the express licenses granted in this Agreement ZyMedElite or its licensor does not transfer ownership of any of these rights. All the contents on the Website and/ or the Mobile Application are owned and/ or licensed by ZyMedElite and/or its licensor, they shall not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without ZyMedElite’s prior written permission. You agree that you are the sole owner of all rights (including all intellectual property rights) in the content that you post on the ZyMedElite. To the extent required and permissible by Law, you grant to ZyMedElite and its licensor a non-exclusive, perpetual, non-revocable, royalty free, worldwide, transferrable, sub-licensable right to host, display, demonstrate, publicly perform, use, reproduce, copy, format, modify, create derivative work/s and distribute any materials, trademarks, trade names and other forms of your intellectual property which you have provided to ZyMedElite.

  1. DATA COLLECTION AND USAGE:

In the course of your use or accessing and/or using the Website/Mobile Application and the Services, we may obtain information about you or you may provide certain information to us. By accepting these Terms of Use, you consent to the collection, use and disclosure of your information generated and uploaded by you and/ or information generated by your interaction with a Medical Practitioner and/ or End User who uses our Website and/ or Mobile Application. Subject to our Privacy Policy, we may share and/or disclose some of these information and/ or aggregate findings (not the specific data) from these information in anonymized form (i.e., non-personally identifiable), for consideration or without, with our advertisers, sponsors, investors, strategic partners, content providers, customers, healthcare companies and others and/ or incorporating it into other material or making a derivative work based on it, in order to help improve our Website/ Services, facilitate R&D and innovation, grow our business, and you hereby give consent to ZyMedElite for such collection, use and disclosure.

  1. ERRORS, INACCURACIES AND OMISSIONS:

Occasionally there may be information on our Website and/ or in Mobile Application or in the Services that contains typographical errors, inaccuracies or omissions that may relate to Services. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information. We undertake no obligation to update, amend or clarify information in the Services or on Website and/ or in Mobile Application, including without limitation, pricing information, except as required by law.

  1. PROHIBITED USAGE:

    1. You here by agree that the Website and/ or in Mobile Application will be used by you for medical evaluations and diagnosis purposes only. You here by agree that you shall not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, harassing, blasphemous defamatory, obscene, invasive of another’s privacy, racially or ethically objectionable or sexually suggestive photos, and videos, information relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, exhibitions through the app or via video consultations with the Medical Practitioner. You acknowledge that in order to ensure compliance with legal obligations, ZyMedElite may be required to review certain content submitted on the Website and/ or the Mobile Application to determine whether it is legal or whether it violates the Terms of Use or harms minors in any way or infringes any patent, trademark, copyright or other proprietary rights(se), violates any law for the time being in force or threatens the unity, integrity, defence, 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 any other nation.

    2. ZyMedElite may also modify, prevent access to, delete or refuse to display, terminate the contract, disable the user logins when we believe the same violates the law or the terms in this Agreement.

    3. You agree that in the event of violations of terms of this Agreement and the terms outlined in Clause 10, ZyMedElite shall have the right to take necessary legal proceedings and seek all available remedies. In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Website and/ or the Mobile Application: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any applicable laws, regulations, rules, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any other websites and applications, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; (xi) to interfere with or circumvent the security features of the Services; (xii) to do any acts that threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; (xiii) to impersonate another person or harm any minor; or (xiv) to post information that does not belong to you or over which You do not have sufficient legal rights. We reserve the right to suspend or terminate immediately your use of the Service or Website and/ or the Mobile Application for violating any of the prohibited uses without any further notice to you.

  2. DISCLAIMERS:

We do not guarantee, represent or warrant that your use of our Services by our Website and/ or the Mobile Application will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may stop providing the Services for indefinite periods of time or suspend the Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Services is at your sole risk. The services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use. To the fullest extent permitted by law, we hereby disclaim all representation and warranties or conditions of any kind, either express or implied created by law, contract or otherwise, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We also, disclaim any liability arising out of any pre-existing medical condition; or any adverse drug reaction (due to any act or omission based on information found on the Website and/or Mobile Application, or otherwise); or sudden escalation of a prior medical condition or medical situations. Neither ZyMedElite nor its contractors and/or agents and/or licensors shall be liable to a User, monetarily or otherwise, for any such occurrence; the responsibility and liability at all times lines with the concerned Medical Practitioner.

  1. INDEMNICATION:
          

You agree to indemnify, defend and hold harmless ZyMedElite and its affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any and all claims, actions, expenses, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including reasonable attorney’s fees, made by any third-party or other users of the Website or Mobile Application due to or arising out of (i) your violation of any applicable law; (ii) your violations of the rights of a third-party; (iii) breach of any third party intellectual property right; (iv) your use or access of the Services through the Website and/or Mobile Application; (v) for any breach, default, contravention, non-observance, non-performance, improper performance of any of his/her/its obligations or the terms, conditions, covenants and provisions contained in the Agreement; (vi) any negligent or intentional wrongdoing on your part, (vii) misrepresentations or fraudulent feedback that has adversely affected ZyMedElite and/or its licensor and/or its other Users, and (viii) any such claim or liability arising out of unauthorized use of Website and/or Mobile Application and content within the Website and/or Mobile Application.

 

  1. LIMITATION OF LIABILITY:

In no case shall ZyMedElite, our directors, shareholders, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors (collectively, called as the “Protected Entities”) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service procured using the Services, or for any other claim related in any way to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Under no circumstances will Protected Entities aggregate liability to you for any and all claims, including third party claims, or losses arising from or in connection with or relating to the Services and this Agreement, whether in contract (including under an indemnity), tort (including negligence), strict liability, statute or otherwise, exceed the value of INR 100. Please be aware that additional legal notices, disclaimers, and other terms and conditions may apply to portions of the Website and/ or the Mobile Application.

  1. TERMINATION:

    1. You may cease being bound by the Agreement at any time by providing 15 working days prior written notice to ZyMedElite at support@ZyMedElite.com notifying us that you no longer wish to use our Services, or when you cease using our Services (including when the Service you use comes to an end), Website and/ or Mobile Application.

    2. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this Agreement and the user login at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

    3. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes and any provision of this Agreement which by its nature is intended to survive will survive the termination of this Agreement.

  2. GOVERNING LAW AND DISPUTE RESOLUTION:

This Agreement shall be governed by and construed in accordance with the laws of India without reference to its conflict of law principles. All the disputes arising between the parties hereto shall be settled exclusively by the competent courts located at Ahmedabad, India.

  1. MISCELLANOUS:

    1. In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the remainder of the Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions of this Agreement.

    2. Notwithstanding anything herein to the contrary, ZyMedElite shall not be liable for any losses arising out of the delay or interruption of its performance of any obligations due to any act of God, act of governmental authority, act of public enemy, war, epidemic, pandemic and lockdown, riot, flood, civil commotion, insurrection, severe weather conditions, or any other cause beyond its reasonable control.

    3. The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

    4. This Agreement and any policies or operating rules posted by us on the Website and/ or in the Mobile application in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

    5. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

    6. You can review the most current version of the Terms of Use at any time on the Website. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Website and/ or in Mobile Application. It is your responsibility to check our Website and/ or Mobile Application periodically for changes. Your continued use of or access to our Website and/ or Mobile Application or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

    7. Communications: You hereby agree to receive emails, messages, calls, auto-dialed or pre-recorded calls, notifications, appointments, etc. from our Website and/ or Mobile Application at any time with the use of your information that has been provided by you subject to applicable law through third party messaging tools such as WhatsApp, Signal, Telegram, Facebook Messenger, etc. and agree and understand that such transmission of messages from our Website and/ or Mobile Application to you or vice versa shall additionally be governed by ‘privacy policies’ and ‘terms of use’ of such third party service providers as may be applicable from time to time. You hereby voluntarily consent to receive transactional and/or promotional emails/SMSs from us at any time we deem fit. This consent is also for purposes that include and are not limited to clarification calls and marketing and promotional calls.

    8. Any questions about the Terms of Use should be sent to us at support@ZyMedElite.com.

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