Terms and Privacy Policy

www.SmartMedics.co ("website") and SmartMedics, a mobile app are operated by Seek2Share Technologies Pvt. Ltd., a company incorporated under the provisions of the Companies Act, 1956 (hereinafter, referred to as “Company” or “We” or “Us” or “SmartMedics”) with registered office address as 905 Elitra F, Casa Bella Gold, Lodha Palava, Kalyan Shil Road, Dombivli East, Thane 421 2014. The domain name and the mobile application are collectively referred to as “Website” (or “SmartMedics” or “ We” or “Us” or “Our”).

Your access (“You”, “Your” or the “User”) or use of the Website and use of services hosted or managed remotely through the Website, are governed by the following terms and privacy policy (“Privacy Policy”), collectively referred to as (“Terms” or User Agreement”) herein. These Terms constitute a legal and binding contract between you and SmartMedics.

No User is entitled to accept only part of the Terms. If a User does not agree to the Terms in full, such Users should not use the App or the Website.

The Terms apply to you whether you are -

  1. A medical health care practitioner or health care provider (whether an individual professional or an organization, or similar institution including designated, authorized associates or institutions (“HCP(s)”, “you” or “User”); or

  2. A patient, his/her representatives or affiliates (“End-User”, “Patient”, “you” or “User”); or

  3. Pharmacies, Diagnostic Labs, and all other service providers will be collectively referred to as “Service Providers” from here on.

  4. Otherwise a user of the Website (“you” or “User”).

The Terms applies to any and all services made available by SmartMedics on the Website, which are offered to the Users (“Services”) including Service Providers doctor-patient consultation

The Company reserves the right to change or modify these Terms or any policy or guideline of the Website, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website; it is your responsibility to check any change or update in Terms before accessing or using SmartMedics in any way SmartMedics is not required to update Users regarding any change or update in Terms. Your continued use of the Website will confirm your acceptance of such changes or modifications.

The Terms is published in compliance of, and is governed by the provisions of Indian law, including but limited to: the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules”) and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”). Your access to use of the Website and the Services will be solely at the discretion of SmartMedics.

The Website enables online, phone and clinic consultations between patients and HCPs, facilitates communication among HCPs (such as doctor to doctor communication for the purpose of networking as well as to discuss patient cases or refer patient cases or track a patient’s progress), facilitates offering of services from HCPs/service providers including but not limited to diagnostic labs, physiotherapy centers, nurses, ambulances, blood banks, and provides a platform for Users to place order for medicines which are fulfilled by our partner pharmacies. Online payment facility is not available for medicine/pharmacy orders on SmartMedics.

TERMS RELATED TO ALL USERS

Eligibility

  • For the purposes of transacting with Service Providers through the Website, the Users are required to obtain registration, in accordance with the procedure established by SmartMedics in this regard.

  • A registered id can only be utilized by the person whose details have been provided and SmartMedics does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of purchasing drugs or other pharmaceutical products or services, on behalf of such persons.

  • The registration on or use/access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/access the Website.

  • By registering, accessing or using the Website, you accept the terms of the Terms and represent and warrant to SmartMedics that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by its Terms.

Modification of Website

SmartMedics reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. You agree that SmartMedics will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.

Communications

  • You hereby expressly agree to receive communications by way of SMS, e-mails, phone calls relating to the Products offered through the Website.

  • A User can unsubscribe / opt-out from receiving communications from company through SMS and e-mail anytime by sending an email to info@smartmedics.co.

  • Newsletters sent by email from time to time, or daily, at the registered email address by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail.

TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN HCPs AND SERVICE PROVIDERS

END-USER ACCOUNT

  • SmartMedics shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to SmartMedics.

  • The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify SmartMedics of any actual or suspected unauthorized use of the User’s account or password. Although SmartMedics will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SmartMedics or such other parties as the case may be, due to any unauthorized use of your account.

  • If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or SmartMedics has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SmartMedics has the right to discontinue the Services to the User at its sole discretion.

  • If you decide to engage with a HCP to procure medical services to you, you shall do so at your own risk. SmartMedics shall not be responsible for any breach of service or service deficiency by any HCP.

  • If you agree to allow a doctor to refer you to another doctor/HCP through SmartMedics, you also agree to allow the doctor to share your case history and medi cal records with the doctor/HCP to whom the case is being referred.

  • If you decide to use the payment gateway to make payments online, it is solely at your discretion. Should there be any issues with regard to the payment not reaching the respective HCP’s account, please reach out to info@SmartMedics.co.

Listing Content and Disseminating Information

  • SmartMedics collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the HCPs listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Although SmartMedics makes reasonable efforts to vet the information submitted by the HCPs, it cannot be held liable for any inaccuracies or misrepresentations or incompleteness represented from it, despite such reasonable efforts.

  • SmartMedics does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. SmartMedics does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, SmartMedics disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by SmartMedics or any User in relation to any User or services provided by such User.

  • The Website may be linked to the website of third parties, affiliates and business partners. SmartMedics has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that SmartMedics endorses the linked site. User may use the links and these services at User’s own risk.

  • SmartMedics assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

  • If SmartMedics determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, SmartMedics reserves the right to immediately suspend your access to the Website or any of your accounts with SmartMedics and makes such declaration on the website alongside your name/your clinic’s name as determined by SmartMedics for the protection of its business and in the interests of Users. You shall be liable to indemnify SmartMedics for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected SmartMedics or its Users.

Online, Phone and Clinic Consultation Facility

  • SmartMedics enables Users to connect with HCPs through online, phone and clinic methods. If a User has utilized the online or phone consultation option, SmartMedics reserves the right to share the information provided by the User with the HCP and store such information and/or conversation of the User with the HCP, in accordance with our Privacy Policy.

  • The results of any search Users perform on the Website for HCPs should not be construed as an endorsement by SmartMedics of any such particular HCP. If the User decides to engage with a HCP to seek medical services, the User shall be doing so at his/her own risk.

  • SmartMedics is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the HCP. User understands and agrees that SmartMedics will not be liable for:

    1. User interactions and associated issues User has with the HCP.

    2. The ability or intent of the HCP(s) or the lack of it, in fulfilling their obligations towards Users.

    3. Any wrong medication or quality of treatment being given by the HCP(s), or any medical negligence on part of the HCP(s).

    4. Inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the HCP to provide agreed Services.

    5. Any misconduct or inappropriate behaviour by the HCP or the HCP’s staff.

  • Online or phone consultation is not a substitute for physical/in-person consultation with a HCP. Neither SmartMedics nor HCPs on SmartMedics are legally liable for any mishap that may happen due to HCP’s response (including any typo), delay in response or non-response. SmartMedics should not be used for any emergency/urgent care; for that you should contact the nearest emergency care health facility available to you.

Terms Related to Order of Medicines Placed via SmartMedics

  • Among other things, SmartMedics provides Services through the Website, which is a platform that facilitates, among other things, the purchase of drugs and other pharmaceutical products, and services offered by Service Providers. You understand and agree that SmartMedics and the Website merely provide lead generation or facilitation services as well as customer service to help our Users have a good experience. All items offered for sale or services provided on the Website, and the content made available by the Service Providers/ manufacturers of drugs and other pharmaceutical products (“Manufacturers”), are third party user generated contents.

  • The Users understand and agree that all terms with respect to the sale/ purchase/ delivery and consumption of the drugs and other pharmaceutical products or services are offered by and agreed to between Users and Service Providers and the contract for purchase of any of the drugs or other pharmaceutical products, or services, offered for sale on the Website by the Service Providers shall strictly be a bipartite contract between the Service Provider/Service Provider and the User.

  • For the avoidance of doubt, the User further accepts and acknowledges that SmartMedics does not engage in the distribution of the concerned drugs or other pharmaceutical products, and may only connect user to Pharmacist/third party transporter/ courier delivery personnel for the purposes of delivery of drugs or pharmaceutical products from the concerned pharmacy to the address notified by the User.

  • There is no online option for payment of medicine orders on SmartMedics. Payment can be made by cash or card on delivery.

  • While communicating/ transacting with Service Providers through the Website, the Users shall at all times ensure full compliance with the applicable provisions. The Users must also ensure that the electronic or physical copy of the prescription sent by the User to Seller/Service Provider though SmartMedics for processing the order for prescription drugs is a valid prescription duly obtained from a registered medical HCP. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Service Providers or to SmartMedics, as a result of any dispensation of prescription drugs by the Service Provider owing to the non-compliance by the User in this regard.

  • Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.

  • SmartMedics is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between the User and the Service Provider for purchase and sale of goods or services offered by such Service Providers on the Website.

  • Service Provider is solely responsible for ensuring that the goods or services offered for sale on the Website are kept in stock for successful fulfillment of orders received. Consequently, SmartMedics is not responsible if the Service Provider does not satisfy the contract for sale of goods or services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by the User.

  • SmartMedics shall not and is not required to mediate or resolve any dispute or disagreement between Users and Service Providers. In particular, SmartMedics does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website.

  • Exhibition of drugs/services and publication of Information on the Website

    1. The Users agree and acknowledge that the respective Service Providers are exhibiting their catalogue of pharmaceutical products or other services, and information in relation to such pharmaceutical products or other services on the Website.

    2. The Users acknowledge and agree that such Manufacturers / Wholesalers/ Retailers/Service Providers shall be solely responsible for ensuring that such third party generated information made available regarding the goods offered for sale on the Website, are not misleading and describe the actual condition of the product. In this connection, it is solely the responsibility of the concerned Manufacturers/ Retailers/Service Provider to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such goods or services so as to mislead the Users in any manner. The Users acknowledge and understand that SmartMedics provides no warranty or representation with respect to the authenticity/ veracity of the information provided in the Website and the Users must run their own independent check. The Users agree and acknowledge that SmartMedics has not played any role in the ascertainment of the actual impact/ effect of any drug being offered for sale by the Service Providers on the Website. The Users agree and acknowledge that it shall not hold SmartMedics responsible or liable for any damages arising out of such reliance on third party user generated content by the User.

  • Invitation to offer for sale

    Notwithstanding anything else contained in any other part of Terms, the listing of drugs and other pharmaceutical products on the Website is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by User shall constitute an offer by such User to enter into an agreement with the Service Provider (“Offer”).

Payments, Cancellation and Refund Policy

  • SmartMedics is an intermediary connecting the User with the HCPs. Once a service has been booked and a consultation has been initiated, no cancellations can be done by the User, and no refunds will be made, except:

    1. when the HCP requests SmartMedics to cancel the order or make a partial or total refund, or

    2. the doctor is not available for a phone consultation per the time/day booked and the User has not consulted the doctor subsequently before claiming a refund. After starting a session, you cannot terminate or cancel the session in between and seek a refund.

    3. the Company at its sole discretion permits a refund of the full or partial amount. A User may submit a claim for a refund by emailing Us at help@smartmedics.co, providing a clear and specific reason for the refund request and exact terms that have been violated. All refund requests must be received within 3 days of the purchase.

  • Refunds will be processed within 5 working days and will be credited back to the user using the same mode of payment that was used by the User to make the payment.

Terms for Doctors and other HCPs, including doctors:

  • Any information that you provide SmartMedics for the purpose of registration or to display to patients should be correct and up to date, and cannot contain any typo. If you misrepresent or provide wrong or incomplete information about yourself (such as name, gender, years of experience, registration number, bank details, medical degree, clinic address, or any other information.), SmartMedics reserves the right to prosecute you under applicable laws.

  • The HCP shall reply to the patient after receiving patient’s communication. In case of non-compliance with regard to reverting/ adhering to the applicable laws/rules/regulations/guidelines by the HCP, SmartMedics has the right to remove HCPs from the Website.

  • The HCP further understands that, there is a responsibility on the HCP to treat the patients as the HCP would have otherwise treated the patient on a physical one-on-one consultation model.

  • The HCP has the discretion to cancel any consultation at any point in time in cases where the HCP feels, it is beyond his/her expertise or his/her capacity to treat the patient.

  • The HCP shall at all times ensure that all the applicable laws that govern the HCP shall be followed and utmost care shall be taken in terms of the consultation being rendered.

  • Referring a patient to a doctor (done either by a patient or a doctor) does not imply any paid up commission or fee whatsoever. It is treated as pure word of mouth. Neither the platform nor the referee has any monetary incentive accruing from it.

  • If you are a doctor using SmartMedics represents that you shall not use SmartMedics in violation of any applicable laws including Medical Council of India’s Code of Medical Ethics Regulations or any other code of conduct governed by our council. You acknowledge that should SmartMedics find you to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then SmartMedics shall be entitled to cancel the consultation with such patient or take such other legal action as may be required.

  • If you refer a patient to a doctor/HCP, you should have taken the patient’s consent to share the patient’s ailment/case history/medical records. Also you can only refer patients through SmartMedics to doctors/HCPs with valid medical registration.

  • It is further understood by the HCP that the information that is disclosed by the patient at the time of consultation, shall be confidential in nature and subject to patient and HCP privilege.

Reviews and Feeback

  • By using the Website, you agree that any information shared by you with SmartMedics or with any HCP will be subject to our Privacy Policy.

  • You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to HCPs or other healthcare professionals. The role of SmartMedics in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. SmartMedics disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. SmartMedics shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.

  • Your publication of reviews and feedback on the Website is governed by our Terms. Notwithstanding other clauses of the Terms, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules.

TERMS RELATED TO ALL USERS

Indemnification and Limitation of Liability:

  • In no event, including but not limited to negligence, shall SmartMedics, or any of its directors, officers, employees, shareholders, agents or content providers (“Indemnified Entities”) be liable for any direct or indirect, exemplary or punitive damages arising from or related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users. In no event shall the Indemnified Entities be liable for:

    1. Provision of or failure to provide all or any service by HCPs to End- Users contacted or managed through the Website;

    2. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;

    3. any unauthorized access to or alteration of your transmissions or data; or

    4. any other matter relating to the Website or the Service.

In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from Terms or a User’s use of the Website or the Services exceed, in the aggregate Rs. 2000/- (Rupees Two Thousand Only).

PRIVACY POLICY FOR USERS INCLUDING HCPS

Information Collected

  • When you register with SmartMedics, We collect the following types of information about: personal information, demographic information, indirect information and information about your behavior and actions on the Website. 
Personal Information includes information used to identify an individual. This includes but not is limited Name, Gender, Age, Address, Photo, Phone Number, Email ID, etc. . We may also collect body vitals such as height, weight, food habits, BMI index, allergies, symptoms, physical and mental or other health conditions, current or past medication that you have been on or medical records, history and other relevant health traits. 
We may also ask You to complete optional online surveys containing demographic information, contact information and income level. 
Behavioural information is information regarding how You use Our Site. This includes the areas of Our Site that You visit, what actions You perform or do not perform, what services You access, the model number, IMEI number and details about the operating system of the device the Website is using (or has been installed on and information about Your computer hardware and software including, Your IP address, browser and operating system type, domain names, your location through GPS, wi-fi network or other technical means, access times and referring web site addresses. Indirect information may be collected by Us about You from 3rd parties (e.g. advertising partners, publishers and data aggregators) which we use in addition to the information from our cookies (and similar technologies), your profile and use of SmartMedics. We may also use analytic to track You in remarketing. 
In order to personalise Our services to You, we may collect information about You from third party sources that provide it to Us.

The Company will implement appropriate safety measures in order to safeguard User’s information.

Use of Information

We may use any or all of the information that We gather on the Website for the following purposes:

  • To provide Our services relevant to you. This includes providing communications, promotions and information on events which may be of interest to You.

  • To respond to any questions You may have and to communicate information to You. These include sending You e-mail or other communications such as through phone, regarding updates at the Website/App to contact You about Your opinion of current products and/or services or potential new products and/or services that may be offered.

  • To operate and improve the Website/App in order to provide a good/better experience to you.

  • To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Our Terms, or as otherwise required by law.

  • To comply with the applicable laws.

  • Advertising: We plan to target ads and content to Users and visitors using the following:

    1. Advertising technologies like web beacons, pixels, ad tags, cookies, and mobile identifiers as permitted by mobile platforms.

    2. If you take social actions on a content (such as like or rating), your action may be seen by others.

  • We allow our partners, affiliates and third parties to display advertisements, hyper link, and content when you use the Website. You acknowledge and agree that We are not responsible for any collection or disclosure of Your Personal Information by any external sites, applications, companies or persons, nor are do We endorse any advertising, products or other material on or available from such external application, websites or resources. 
You further acknowledge and agree that We are not liable for any loss or damage which may be incurred by You as a result of the collection and/or disclosure of Your personal information by external applications, sites or resources, these external applications, websites and resource providers may have their own privacy policies governing the collection, storage, retention and disclosure of Your Personal Information that You may be subject to.

  • We may share Your information with our partners or affiliates or third parties who help Us in the delivery of our own services to you. Information is disclosed to companies and individuals who are authorised by Us perform functions on Our behalf. Otherwise, We do not share your personal information with any third-party advertisers or ad networks for advertising without your separate permission, though we may share information with our partners, affiliates and third parties by aggregating the information - such as what areas users visit most frequently and what services users access the most or demographics of users, ailments of users - but without revealing the information of your or any particular user. Again, for avoidance of doubt, such data is used anonymously and in the aggregate.

  • We may disclose such information to third parties if You consent to such disclosure. If You indicate that You would like to receive information about the opportunities, products or services of third parties, We supply Your contact information to select third parties such organisers of or any entity associated with the events, or others for the purpose of sending You e-mail or otherwise communicating with You.

  • We may share your personal information with our affiliates (meaning entities controlled by, controlling or under common control with Seek2Share Technologies Pvt. Ltd.) as reasonably necessary to provide the Services offered by the Company. You are consenting to this sharing.

  • The Company will share / sell / transfer / license / covey some or all of your information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to Your personal information. Once You provide Your information to us, You provide such information to company and affiliates of company and company and its affiliate may use such information to provide You various services with respect to Your transaction whether such transaction are conducted SmartMedics or with third party merchant's or third party merchant's website.

  • In case of medical emergency, if any person intends to threaten to commit suicide or is in a state of medical emergency, the company holds the right to disclose the identity of the patient to the relevant sources.

Choice to OPT-OUT

  • We provide all Users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us.

Confidentiality

  • We do not collect sensitive personal data or information of Users like password of Your email account, password of Your account on the App, biometric information such as finger prints, voice & facial patterns and DNA any other sensitive information which is confidential or sensitive by its nature, without your explicit consent or unless necessary by law. Financial information such as Bank Account details from HCPs such as doctors are used to aid us in the verification of the HCP and to enable us to transfer payments to them collected from their patients via SmartMedics.

Update and Removal of Your information on SmartMedics

  • If a patient shares personal profile or medical history/records or any other information with a doctor or other HCPs via the platform, and then chooses to delete the information, the doctor/HCP may still choose to store the information for their records. Similarly, if a doctor/HCP chooses to remove any prescription, reports or any other information, shared with the patient via SmartMedics, the patient may choose to store the information. Under no circumstances can SmartMedics be held liable for any one party’s right or preference to store the other party’s information once any information or medical record is exchanged between the two parties.

  • If required by law, we may be required to share any and all of your information and records with the relevant authorities, not withstanding any terms in our Privacy Policy or User Agreement.

CONSENT TO USE THE INFORMATION

The User hereby consents, expresses and agrees that he or she has read and fully understands the Privacy Policy of company in respect of the Website.

TERMINATION

The provisions of Terms shall continue to apply until terminated by either You or SmartMedics as set for below:

  • If You want to terminate Terms with SmartMedics, You may do so by:

  • not accessing the Website; or

  • closing Your accounts for all of the Services that You use.

SmartMedics reserves the right to, at any time, and with or without notice, terminate Terms with You if:

  • You breach any of the Terms or applicable law or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same); or

  • SmartMedics is unable to verify or authenticate any information provided to SmartMedics by You; or

  • SmartMedics believes, in its sole discretion, that Your actions may cause legal liability for SmartMedics (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or

  • SmartMedics is required to do so by law; or

  • if You fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for SmartMedics to provide the Services to You; or

  • The provision of the Services to you, or to the general public, is in SmartMedics’s opinion, no longer commercially viable; or

  • SmartMedics has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).

SmartMedics may also terminate or suspend (temporarily or permanently) all or a portion of Your account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Your account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring You from further use or access of the Website or of any of the Services.

Once terminated or suspended (temporarily or permanently), You may not continue to use the Website under the same account, a different account or re-register under a new account.

Upon termination of Terms, SmartMedics shall have no obligation to maintain or provide any of Your data and may thereafter, unless legally prohibited, delete all Your data in its systems or otherwise in its possession or under its control, including but not limited to Your personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Your account (or any part thereof).

On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices

FORCE MAJEURE

Notwithstanding anything in the Terms, including Privacy Policy, the User accepts and acknowledges that SmartMedics shall not be liable for any loss or damage caused to the User as a result result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of the User), breach or hack of our computer systems, or any other delay or default or deficiency or failure which arises from causes beyond SmartMedics or the Service Provider’s reasonable control (“Force Majeure Event”).

SEVERABILITY

If any provision of Terms is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from Terms and the remainder of Terms shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, Terms shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

APPLICABLE LAW AND DISPUTE SETTLEMENT

  • You agree that Terms and any contractual obligation between SmartMedics and User will be governed by the laws of India.

  • Any dispute, claim or controversy arising out of or relating to Terms, including the determination of the scope or applicability of Terms to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by SmartMedics. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

  • Subject to the above clause, the courts in Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to Terms, your use of the Website or the Services or the information to which it gives access.

SURVIVAL

Even after termination, certain obligations mentioned under Indemnification and Limitation of Liability, Applicable Lay and Dispute Settlement, Severability will continue and survive termination.

WAIVER

No provision of Terms shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by SmartMedics. Any consent by SmartMedics to, or a waiver by SmartMedics of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

GREIVANCE AND CONTACT INFORMATION

  • If a User has any questions regarding SmartMedics, the Website, Terms, the Services, or anything related to any of the foregoing, SmartMedics customer support can be reached at the following email address: info@SmartMedics.co.

  • In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact Head, Customer Experience. Address: 510 Guruvidya, Hill Road, Bandra West, Mumbai 400 050. Email: support@SmartMedics.co Telephone: +91 22 3965 3200.

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