Enquiry

TERMS & CONDITIONS OF USE

NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) the Disclaimer available at https:// www.mednxt.com/disclaimer (“Disclaimer”) and the privacy policy available at https://www.mednxt.com/company/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available by the Website by Mednxt. These Terms and Conditions, Disclaimers and the Privacy Policy together constitute a legally enforceable agreement (“Agreement”) between you and Mednxt in connection with your visiting and using the services rendered by the Website and its applications.

MedNxt Medical eServices Private Limited ( Henceforth referred to as “MMES”) having its Registered Office at 5, Arya Vidyalaya Road, Kolkata-700078 and having its communication address at 24 Arya Vidyalaya Road Calcutta 700078 is the absolute and the exclusive and sole owner, author and publisher of “Mednxt.com" website including its related mobile application. Mednxt.com is a web based service to provide the health and medical service for the digital era to come. It intends to keep its users abreast of the related information as regards medical services available at their disposal and to protect them from the problems often faced from lack of relevant information and data at a given point of time. At the outset it is mentioned that this Service is not an Emergency Medical Service. The content of Mednxt website along with its application is meant for general purpose use only. The contents of this website are not meant for use by patients for self treatment or self medication. This Site is not a substitute to any kind of professional Medical Advice, Diagnosis and Prescriptions but a mere Informative Service oriented platform utilizing the SAAS model of rendering the services. The contents of mednxt.com along with its apps are for information oriented purposes only. The Content is never intended under any circumstances to be a substitute for any kind of professional medical advice, diagnosis and treatment. Always seek the advice and physical diagnosis of your physician or other qualified health service or health care provider with any questions you might be having regarding a medical condition. You should never try to ignore any professional medical advice or delay in availing such advice as because you have read or referred to something that is mentioned in the Mednxt Site. If someone raises or espouses this cause or by any means aggrieved by following the suggestions offered by this site is at his or her own discretion and MMES absolves itself from all its the liabilities in case of such contingencies and exigencies whatsoever. Physical visit for consultations with Practitioners or medical service /care provider has no substitute or alternatives or comparable services. If you feel you have a medical emergency, please contact a Practitioner or local emergency services immediately. Mednxt does not recommend or endorse any specific medical test, medical products, Practitioners, MSP, procedures, opinions, or other data or information that may be mentioned on the Site. If you rely on any data or information provided by Mednxt, Mednxt employees, others displayed in the site at the request or by the specific invitation of Mednxt, or provided by the other visitors or guests to the Site will be done at your own risk only. Exercising your personal discretion in this regard is mandatory. The Site may contain health or medical related materials which might be sexually explicit or obscene in nature to someone. If you feel these materials to be offensive, you are advised not to use this site and immediately refrain from accessing this website from the very moment of disliking the Mednxt Website or related apps by you.

We make relentless efforts to keep the website up and running smoothly. However, Mednxt booking or M-booking takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data and/or profits arising out of or in connection with, the use of this website.

The Agreement is between MedNxt Medical eServices Pvt. Ltd (which includes “MMES” , " Mednxt.com" and "www.mednxt.com" . These terms are used interchangeably) and You and its recitals or terms and conditions is applicable to you whether you are –

“Practitioner” includes “Medical Consultants”, “Consultants", “Doctors”, “medical practitioners”, etc. These terms are used interchangeably

“MSP” includes “Healthcare service providers”, “Medical service Providers”, "Medical care providers” etc and the term shall also include related associates of the healthcare providers who work in the same Practice. It also includes Hospitals, Nursing homes, Diagnostic centres, pharmacies, chemists, druggists, surgical suppliers, medical consumables suppliers, medical equipment suppliers, any kind of medical and health care units, companies or organizations or authorized individuals like Health Care Activists, Counselors dedicated in medical and medical related research activities. These terms are used interchangeably.

Patient” includes clientele of the healthcare providers “Patients”, which term shall also include general public who search for doctors, specialists, nearby Nursing Homes, Diagnostic Centers, Pharmacies, Chemist and Druggists. "You” , “It”, “He”, ”She” , "Family members", "Associates", " Friends" and "individual". These terms are used interchangeably.

SOME OTHER TERMS USED IN THE AGREEMENT

The term “User” includes “Practitioners”, MSP”, “Patients” as described has been above. These terms are used interchangeably.

The term “apps” includes “mobile apps/applications”, “Mednxt apps”, “Mednxt application” and “Mednxt mobile application” . These terms are used interchangeably.

The term “Website” includes "Mednxt", “internet resource “and “mednxt.com” along with its mobile application. These terms are used interchangeably.

The term “Content” includes all written text, all graphics displayed, pictures, images, data or information and any other material which is contained in the Mednxt Website or its related applications apart from those provided by external sources or third party service providers including all vendors and partners of Mednxt. These terms are used interchangeably.

The term “Software” includes the “Mednxt software” including its different types and its various versions, subsequent editions, add-ons, any ancillary and/or allied or related products including apps developed or services provided or rendered by mednxt inclusive of all files and images, pictures published in the website or any output generated by the mednxt software and the related information and data. These terms are used interchangeably.

The term Medical Advice includes "Medical Consultation", "Medical Advice", "Consultation", "Advice", "Diagnosis", "Test", “Imaging” “Investigation” etc. These terms are used interchangeably.

The term “SAAS” means and includes the terminology "software as a service".

MedNxt Medical eServices Pvt. Ltd (“MMES”) holds exclusive authority to publish its internet resource www.mednxt.com and the mobile application ‘MedNxt’ (together, “Website”). MMES owns and renders these services provided through the Website and mobile applications including but not limited to those of the brand names

Mednxt Search or M-Search and Mednxt booking or M-booking, Mednxt Organizer or M-Organizers, Mednxt Scheduler or M-Schedulers, Mednxt Alerts or M-Alerts, Mednxt Reminders or M-Reminders ; Mednxt Electronic Personal Health Report (M-EPHR); Mednxt e-prescription or M-ePrescription, Med e-Help or Mednxt e-help, Med e-Assist, Mednxt e-calc or Mednxt e-calculator , MedComm Or Mednxt communication, M-Knowledge or Mednxt knowledge, M-Knoware or Mednxt Know ware, M-Locator or Mednxt Locator, Mednxt expense planner or M-explanner, Mednxt analytics or M-analytics,Mednxt Billing and invoicing system or M-BIS, Mednxt Stock Register or M-Stock, Mednxt medicine Tracker or M-Tracker, Mednxt cost estimator or M-Estimator, Mednxt pay or M-Pay, Medkare, MedPrac, MedHealth, MedPro, Medpharma, MyMed,,E-Clinic etc.

The scope, ambit and nature of Services provided by MMES stated as above may change from time to time, at the sole discretion of MMES, and the Agreement will apply to your continued visit and use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point of time. This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, may contact us at contactus@mednxt.com.

By using this Website and or utilizing the Services, you irrevocably accept all the terms & conditions stipulated in this Agreement and unconditionally agree to abide and/or be regulated by them. This Agreement shall supersedes all previous verbal and written terms and conditions communicated to you at any point of time before. By using the website and/or availing any Service provided here you accept the terms of the instant Agreement and expressly signify your acceptance of the terms and conditions mentioned in this Agreement. We reserve the right to modify or expunge or omit or terminate any portion of the Agreement for any reason whatsoever and at any given point of time, and such modifications might not be informed to you in writing You are solely responsible to read the Agreement at regular intervals for understanding and agreeing to such changes Your continued use of the Website following any such modification constitutes your agreement to follow remaining bounded by the Agreement so modified. MMES reserves the right to introduce at any time of their choice, additional terms & conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific provisions of this Website or to any particular Service/s are also considered as part of the Agreement. You give your unconditional agreement that you will be bound by this Agreement for using the website and/or availing any of the Services offered by us. If you do not agree with any part of the Agreement, please refrain from the Website or avail any of its Services . Your access to use of the Website and the Services will be solely at the discretion of MMES. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to

Medical council of India guidelines

FDA ( India) guidelines

The Indian Contract Act 1872

The Information Technology Act, 2000 and as amended in 2008

The Specific Personal Information Rules 2014

The Information Technology (Intermediaries Guidelines) Rules, 2011

USAGE CONDITIONS

You must attain majority age under the laws of the land for being eligible to register, use the Services provided and visit or use the Website in any manner. By visiting and/or registering and/or using the Website provided or accepting this Agreement, you represent and warrant to MMES that you have attained majority age and legally capable of entering a valid contract and that you have the right, authority and capacity to access the Website and the Services available through the Website, and agree to and abide by this Agreement.

TERMS & CONDITIONS OF USE APPLICABLE TO PATIENTS

PATIENT ACCOUNT AND DATA PRIVACY

For detailed information on privacy policy please visit our Privacy Policy and Disclaimer.

ACCOUNT SIGN UP / REGISTRATION AS USER

With MedNxt account, you can sign into the MMES provided services, as well as third-party services. Signing into your account can enable improved customization and provide seamless and consistent experiences across services, and help you access and utilize cloud data storage facility and other advanced features and settings. When you access your account by logging in to avail any kind of service, a record of that login is automatically created. If you access a third party provided service with your Mednxt account, you will be asked to consent to share the account data required by that service. As of now the basic account registration is free for all categories of users.

REGISTRATION PROCEDURE

As a mandatory requirement to the registering process, MMES collects the following personal information from Users both by physical printed forms and/or hard copies and online ones. Please refer to the registration format attached here by clicking on this link It should be noted that this is a Click Wrap Agreement that implies Once “Accept” button is clicked / choice of acceptance is selected by click /check mark the user, the Practitioner and the medical service /care provider gives expressed assent to all the terms and conditions of the agreement.

SERVICES PROVIDED TO PATIENTS WITHOUT REGISTRATION

A User may have limited access to the Website and the mobile apps. He can search for doctors, medical service providers, and medical care providers without registration but cannot avail book appointment facility with the Practitioners or medical service providers or medical care providers without creating his account in the Website. Unregistered Users may utilize the book the appointment booking facilities with the Practitioners and the MSPs by providing their name, contact number and email id and other required details for registration in the website. In order to have access to the basic features and benefits on our Website or apps apart from searching though M-Search, an User must first create a basic registration account on our Website. To create a Basic account a “User” is required to provide the following information, which such User understands, recognizes and expressly acknowledges as personal information allowing other entities, inclusive of MMES, to identify the Username, User ID, email id, country of living, ,age, contact number, password chosen by the User, etc. The email id and / or mobile number will be validated before such account gets registered. All information requested on the registration page, including offer to receive promotional messages or new product/services initiatives from the side of MMES, are mandatorily necessary to be provided. MMES reserves the right to introduce other requests for information from the User for customizing the Website further to deliver better quality personalized service and information to the User. Without the User’s consent, MMES will not divulge, share, rent and/or sell any personal information with third parties in any manner other than what has been disclosed in this agreement.

SERVICES PROVIDED TO PATIENTS WITH BASIC ACCOUNT REGISTRATION

To create a Basic account a “User” is required to provide the following information, which such User recognizes and expressly acknowledges is personal information allowing others, including MMES, to identify the User: name, User ID, email address, country, ,age, phone number, password chosen by the User. The email id and / or mobile number will be validated before such account gets registered. . Other allied information requested on the registration page, including the ability to receive promotional offers from MMES, is optional. MMES may, in future, include other optional requests for information from the User to help MMES to customize the Website to deliver personalized information to the User. No fees or charges are payable by basic account holders /users of any category.

TERMS AND CONDITIONS FOR ALL THE MEDIAL PRACTITIONERS OR CONSULTANTS:

This is applicable to Practitioners (“Practitioners”). As part of the registration/application creation and submission process that is available to Practitioners on Website, certain information, including sensitive personal data or information is collected from the Practitioners. Registration for M-search and listing services is free and non chargeable. However practitioners against whom legal or disciplinary action has been initiated by MCI or has been black listed by MCI or license has been cancelled or suspended by the legal authorities should refrain from displaying their details in the site. In case such violation is found such person will be responsible to compensate for all loss and damages suffered by the site or its affiliates or its owners for such action of his to the maximum possible extent.

RANKING METHOD OR PRACTICE FOLLOWED

MMES ranking method follows a logical process for the Practitioners or Medical Service Providers and is a fully automatic system that lists the Practitioners, their profile and information regarding their Practice on its Website. These Enlistment of Practitioners and Medical Service Providers do not represent any fixed objective ranking or endorsement by MMES. MMES will not be liable for any change in the ranking of the Practitioners and Medical Service Providers, which may take place from time to time. It is only based on the search parameters and filters chosen by the Patient. The Enlisting of Practitioners and Medical Service Providers will be based on alphabetical order and on no other criteria shall be used. The logic of this ranking may change from time to time, in order to improve the Enlisting algorithm. MMES under no circumstances will be held responsible or liable for the accuracy and the relevance of the listing order of the Practitioners and Medical Service Providers on its Website.

SERVICES PROVIDED TO PRACTITIONERS WITH BASIC ACCOUNT REGISTRATION

Basic Account Services to be provided to practitioners free of cost on registration includes:

  • Personal Mednxt account with user id and password
  • Personal Profile creation as per the MCI guidelines and Govt. of India rules and regulations applicable
  • Consultancy office details
  • Mednxt locator
  • M-Knowledge
  • M-Knoware
  • M-Search
  • Display of name and mandatory details in alphabetical order when a user makes a search relevant to the user’s criterion of search provided

ADDITIONAL VALUE ADDED FEE /CHARGES BASED SERVICES

The value added chargeable services will be mentioned separately in a schedule to be made available from to time, for which practitioners should check in mednxt fee/charges based services list . Practitioners have to register and opt separately by paying necessary fees /charges and expressly agree without any conditions to the usage terms and conditions stated therein for those paid services. It should be noted that we intend to provide more these kind of value added services in future and we might as well withdraw any services introduced currently to our users in future at our sole discretion without giving any notice whatsoever. Any services which are now freely rendered may become chargeable in future with at least 3 months prior notice to the users of such services. The list of freely available Basic Services are mentioned here in before. If an user keeps on using such services after one month of publication of such notice he/she/it will be automatically deemed to have accepted the changes terms and conditions of usage. No services will be provided or continued if it is not adhering to the applicable laws, statutes of the Land and also Guidelines provided by Medical Council of India from time to time. Any services introduced shall be withdrawn immediately without any notice to users what so ever Mednxt or MMES or any apps developed by MMES shall not involve itself and is not involved under any circumstances in a doctor-medical service/ care provider - patient relationship and it shall neither archive or store any prescription or advice or diagnostic reports suo motu or suo sponte in any form whatsoever unless there is a written or express consent through click wrap agreement provided separately for such purpose from the patient to do so. Also under no circumstances whatsoever there shall be any modification or alterations in those documents made by MMES or Mednxt or any of its affiliates or sister concern. All the statements in this privacy policy apply to all Practitioners, and all Practitioners are therefore mandated to go through the agreement carefully and understand the meaning and implication as well as the legal tenability and significance of the content of the privacy statements, Disclaimers set out herein prior to submitting or providing any personally sensitive data or information to MMES, failing which they are required to leave/ recues or log out from this Website immediately. The personal identifiable information which the Practitioners choose to provide on this Website is utilized to help the Practitioners describe / identify themselves, their expertise or specialization, profile, qualifications, location, etc. . Disclosure of their registration number, registration issuing authority and date of issue of such registration is mandatory as per the guidelines of Medical Council of India. This information is exclusively owned by MMES. MMES may use such information for commercial purposes and in a collective or summed up or non personally identifiable form for research requirements, statistical analysis and business related intelligence purposes, and may sell or otherwise transfer such data and/or information in an collective or summed up or non personally identifiable form to third parties and its affiliates. Any disclosure as mandated by the legal bodies or Medical council of India at a later date from time to time has to be mandatorily furnished by the practitioners. MMES by default enlists Practitioners’ information on its Website for each Practitioner using its Software. The information of the Practitioner displayed on the Website as and when Patients search for Practitioners on Website and might be used by Patients to request for booking appointments if such services are availed by or provided to the concerned practitioner. MMES on its own does not enlist any Personally Sensitive Information of such Practitioners. Mednxt website of its Mobile apps is specifically marketed to help patients document, show, or communicate to providers potential medical conditions. The apps is strictly not promoted for medical uses under any circumstances even when by virtue of other circumstances surrounding their distribution, may be used as a medical device. Mednxt website or related apps pose little or no risk but however it is at the sole responsibility of the practitioners health service /care providers who have used them in medical applications or otherwise. Examples include: that the website or its apps may serve as video conferencing portals specifically not intended for medical use and is solely meant for enhancing communications between patients, healthcare providers, and caregivers. The services also might provide facilities specifically intended for medical uses that utilize the webcam (internal or external) /handheld /mobile device’s built-in camera or a connected camera for purposes of documentation or transmission of pictures (e.g., photos of a patient’s skin abrasions or bruise or wounds) to supplement or boost images what would otherwise be a verbal narration or description in a consultation between healthcare providers or between healthcare providers and patients/medical service providers through MedComm. However this is never a substitute for physical visit, diagnosis and/or consultancy with the Practitioner. It is the sole responsibility of the practitioners / medical service providers who have used them in medical applications or otherwise.

Practitioners agree that they are personally and solely responsible for adhering to all legal and statutory requirements for them as introduced by the Govt, of India and Medical Council of India from time to time. MMES also creates information for Practitioners who have not registered with MMES or for availing its services offered. . Such Practitioners are manually verified over phone or email or confirmed in person by MMES or through its associates, and MMES makes every effort to capture correct , updated and/or accurate information for such Practitioners. However, MMES does not hold any liability for any incorrect or incomplete information appearing on its Website or apps for such Practitioners. Fees for value-added services can be waived at the sole discretion of MMES at any given point of time.

Please note that it is mandated as per Code of Ethics Regulations,2002 issued by Medical Council of India it is required under Regulation 1.4 under Duties and responsibilities of the Physician in general: that “1.4.1Every physician shall display the registration number accorded to him by the State Medical Council / Medical Council of India in his clinic and in all his prescriptions, certificates, money receipts given to his patients. Physicians shall display as suffix to their names only recognized medical degrees or such certificates/diplomas and memberships/honors which confer professional knowledge or recognizes any exemplary qualification/achievements.” However it is not specifically mentioned about the “Duties and responsibilities of the Physician” in respect of a website , so if a Practitioner chooses to not to provide his or her Registration number or provides it in a restricted way then the Practitioner agrees that all consequential damages, claims shall devolve upon the Practitioner for non such non-disclosure of Registration number and the Practitioner indemnifies MMES and holds MMES harmless against all such civil or criminal liabilities arising out of such non-disclosure or partial disclosure or restricted display of such Registration numbers or honors or achievements .

Refund

On the occasion or if a Practitioner has paid charges to us to avail our value-added services and afterwards or subsequently or at any point of time for any reason whatsoever demands refund of such charges on any ground it shall not be refunded and the Practitioner agrees that MMADA has sole discretion to make refund or not regarding this aspect .

CODE OF ETHICS

As per NOTIFICATION issued by MEDICAL COUNCIL OF INDIA ,New Delhi, dated 11th March, 2002 i.e. Code of Ethics Regulations,2002 issued by Medical Council of India it is mandated in Chapter 6 that :

“A physician shall not aid or abet or commit any of the following acts which shall be construed as unethical -

6.1 Advertising:

6.1.1 Soliciting of patients directly or indirectly, by a physician, by a group of physicians or by institutions or organizations is unethical. A physician shall not make use of him / her (or his / her name) as subject of any form or manner of advertising or publicity through any mode either alone or in conjunction with others which is of such a character as to invite attention to him or to his professional position, skill, Qualification, achievements, attainments, specialties, appointments, associations, affiliations or honors and/or of such character as would ordinarily result in his self aggrandizement. A physician shall not give to any person, whether for compensation or otherwise, any approval, Recommendation, endorsement, certificate, report or statement with respect of any drug, medicine, nostrum remedy, surgical, or therapeutic article, apparatus or appliance or any commercial product or article with respect of any property, quality or use thereof or any test, demonstration or trial thereof, for use in connection with his name, signature, or photograph in any form or manner of advertising through any mode nor shall he boast of cases, operations, cures or remedies or permit the publication of report thereof through any mode. A medical practitioner is however permitted to make a formal announcement in press regarding the following:

  1. On starting practice.
  2. On change of type of practice.
  3. On changing address.
  4. On temporary absence from duty.
  5. On resumption of another practice.
  6. On succeeding to another practice.
  7. Public declaration of charges.

6.1.2 Printing of self photograph, or any such material of publicity in the letter head or on sign board of the consulting room or any such clinical establishment shall be regarded as acts of self advertisement and unethical conduct on the part of the physician. However, printing of sketches, diagrams, picture of human system shall not be treated as unethical.” If however a “Practitioner” chooses to do any such things in contravention of the aforementioned unethical activities then the “Practitioner “ agrees to indemnify agrees that all consequential damages, claims shall devolve upon the Practitioner for non such non-disclosure of Registration number and the Practitioner indemnifies MMES and holds MMES harmless against all such civil or criminal liabilities or any other liabilities arising out of such contravention .

TERMS AND CONDITIONS FOR MEDICAL SERVICES PROVIDERS OR MEDICAL CARE PROVIDERS (MSP or MCP):

Basic Account Services to be provided to MSP or MCPs free of cost on registration includes:

  • Personal Mednxt account with user id and password
  • Personal Profile creation as per the MCI guidelines and Govt. of India rules and regulations applicable
  • Consultancy / Investigating office details
  • Mednxt locator
  • M-Knowledge
  • M-Knoware
  • M-Search
  • Display of name and mandatory details in alphabetical order when a user makes a search relevant to the user’s criterion of search provided

ADDITIONAL VALUE ADDED FEE /CHARGES BASED SERVICES

The value added chargeable services will be mentioned separately in a schedule to be made available from to time, for which MSP or MCPs should check in mednxt fee/charges based services list . MSP or MCPs have to register and opt separately by paying necessary fees /charges and expressly agree without any conditions to the usage terms and conditions stated therein for those paid services. It should be noted that we intend to provide more these kind of value added services in future and we might as well withdraw any services introduced currently to our users in future at our sole discretion without giving any notice whatsoever. Any service which is now freely rendered may become chargeable in future with at least 3 months prior notice to the users of such services. The list of freely available Basic Services are mentioned here in before. If a user keeps on using such services after one month of publication of such notice he/she/it will be automatically deemed to have accepted the changes terms and conditions of usage. No services will be provided or continued if it is not adhering to the applicable laws, statutes of the Land and also Guidelines provided by Medical Council of India from time to time. Any services introduced shall be withdrawn immediately without any notice to users what so ever Mednxt or MMES or any apps developed by MMES shall not involve itself and is not involved under any circumstances in a doctor-medical service/ care provider - patient relationship and it shall neither archive or store any prescription or advice or diagnostic reports suo motu or suo sponte in any form whatsoever unless there is a written or express consent through click wrap agreement provided separately for such purpose from the patient to do so. Also under no circumstances whatsoever there shall be any modification or alterations in those documents made by MMES or Mednxt or any of its affiliates or sister concern. All the statements in this privacy policy apply to all MSP or MCPs, and all MSP or MCPs are therefore mandated to go through the agreement carefully and understand the meaning and implication as well as the legal tenability and significance of the content of the privacy statements, Disclaimers set out herein prior to submitting or providing any personally sensitive data or information to MMES, failing which they are required to leave/ recues or log out from this Website immediately. The personal identifiable information which the MSP or MCPs choose to provide on this Website is utilized to help the MSP or MCPs describe / identify themselves, their expertise or specialization, profile, qualifications, location, etc. . Disclosure of their registration number, registration issuing authority and date of issue of such registration is mandatory as per the guidelines of Medical Council of India. This information is exclusively owned by MMES. MMES may use such information for commercial purposes and in a collective or summed up or non personally identifiable form for research requirements, statistical analysis and business related intelligence purposes, and may sell or otherwise transfer such data and/or information in an collective or summed up or non personally identifiable form to third parties and its affiliates. Any disclosure as mandated by the legal bodies or Medical council of India at a later date from time to time has to be mandatorily furnished by the MSP or MCPs. MMES by default enlists MSP or MCPs’ information on its Website for each MSP or MCP using its Software. The information of the MSP or MCP displayed on the Website as and when Patients search for MSP or MCPs on Website and might be used by Patients to request for booking appointments if such services are availed by or provided to the concerned MSP or MCP. MMES on its own does not enlist any Personally Sensitive Information of such MSP or MCPs. Mednxt website of its Mobile apps is specifically marketed to help patients document, show, or communicate to providers potential medical conditions. The apps is strictly not promoted for medical uses under any circumstances even when by virtue of other circumstances surrounding their distribution, may be used as a medical device. Mednxt website or related apps pose little or no risk but however it is at the sole responsibility of the MSP or MCPs health service /care providers who have used them in medical applications or otherwise. Examples include: that the website or its apps may serve as video conferencing portals specifically not intended for medical use and is solely meant for enhancing communications between patients, healthcare providers, and caregivers. The services also might provide facilities specifically intended for medical uses that utilize the webcam (internal or external) /handheld /mobile device’s built-in camera or a connected camera for purposes of documentation or transmission of pictures (e.g., photos of a patient’s skin abrasions or bruise or wounds) to supplement or boost images what would otherwise be a verbal narration or description in a consultation between healthcare providers or between healthcare providers and patients/medical service providers through MedComm. However this is never a substitute for physical visit, diagnosis and/or consultancy with the MSP or MCP. It is the sole responsibility of the MSP or MCPs / medical service providers who have used them in medical applications or otherwise.

MSP or MCPs agree that they are personally and solely responsible for adhering to all legal and statutory requirements for them as introduced by the Govt, of India and Medical Council of India from time to time. MMES also creates information for MSP or MCPs who have not registered with MMES or for availing its services offered. . Such MSP or MCPs are manually verified over phone or email or confirmed in person by MMES or through its associates, and MMES makes every effort to capture correct, updated and/or accurate information for such MSP or MCPs. However, MMES does not hold any liability for any incorrect or incomplete information appearing on its Website or apps for such MSP or MCPs. Fees for value-added services can be waived at the sole discretion of MMES at any given point of time.

If a Medical Service Provider and/ or Medical Care Provider (MCP/MSP) chooses not to provide the details of all the required Mandatory Disclosures or Licenses as per the regulatory requirements or any one of them as the case may be or details of Registration as per prevailing Acts to us or provides it in a restricted way then such MCP/MSP agrees to indemnify MMES that all consequential damages, claims shall devolve upon the Practitioner for non such non-disclosure of Registration number and the MCP/MSP indemnifies MMES and holds MMES harmless against all such civil or criminal liabilities or any other liability arising out of such non-disclosure or partial disclosure or restricted display of such Registration numbers or honors or achievements .

REFUND

On the occasion or if MSP/MCP has paid charges to us to avail our value-added services and afterwards or subsequently or at any point of time for any reason whatsoever demands refund of such charges on any ground it shall not be refunded and the Practitioner agrees that MMADA has sole discretion to make refund or not regarding this aspect If any MSP/MCP resorts to any unethical activities such MSP/MCP MSP indemnifies MMES and holds MMES harmless against all such civil or criminal liabilities or any other liability arising out of such contravention .

APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS AND MEDICAL SERVICE PROVIDERS

The appointment information and or scheduling and or booking service only indicates an approximate and tentative time of booking and the actual appointment time can vary based on a number of factors that are beyond outside our control. MedNxt is not responsible or liable if the Practitioner or Medical Service provider fails to maintain the timings that the system helps informs/provides/organize/displays. MedNxt only provides a convenient and ready to use online platform and it is the responsibility of the Practitioner or Medical Service provider to inform Mednxt and to maintain them. This website and its services are not meant to be used to process urgent or emergency appointment requests. In case of a medical emergency, users are requested the local emergency services. We will not be liable for any sudden unavailability or cancellation of service either by the service provider or due to technical problems arising in the software. It is not the responsibility or liability in any manner for Mednxt to ensure or confirm or assure or guarantee an appointment for a User who has requested an appointment through Mednxt website with a Practitioner or a Medical Service Provider. Further Mednxt also has no responsibility or liability if an appointment is booked and confirmed through Mednxt website but later cancelled by the Practitioner or Medical Service providers and/or is not available for rendering promised and or agreed upon and or contracted services as per the given appointment date and / or time and applicable terms and conditions whether payment has been made or not by such user to the practitioner or the medical service provider concerned. Mednxt accepts no responsibility or liability for any kind of loss and/ or damage and /or cost or expense whether directly or indirectly incurred by the user as result of any delay , refusal , cancellation and or non providing the promised and or agreed upon services by the concerned practitioner or medical service provider. Mednxt.com does not assure or guarantee any services which might be announced nor provide any explicit or implicit authorization to anybody relating to use of information .Along with all the clauses of Privacy Policy and the clauses mentioned in general disclaimer and terms and conditions shall also be applicable here.

Without prejudice to the generality of the above, MMES will not be liable or responsible for any medical contingencies which might occur after availing services of the Practitioner or MSP whom the User has opted by accessing the information furnished by the Website or with whom an appointment is scheduled through this website by the User. For any improper suggestion of line of treatment or medication as suggested by the Practitioner or any deficiency of service or negligence purported to be committed by the “Practitioner” or any MSP For any purported misconduct, committing any kind of indecency which includes but is not limited to say for outrage of modesty of women or insubordination or hurling abusive language or any other kind of abuse committed by the chosen Practitioner , MSP or the staff or subordinates of Practitioner or MSP. For any kind of problems or damages caused due to poor quality of Service or dearth of Service meted out on the End of the Practitioner , MSP or their staff respectively which may be in the form of not attending the Chamber at the Scheduled time or for inordinate delay faced.

For sudden rearrangement in booking of appointments and the User is caught unaware of such development or eventualities in case of appointments fixed or booked through this website. Further, MMES shall not be liable, under any circumstances, for any comments or feedback given by any of the Users in relation to the services rendered by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at MMES’s sole discretion and may be modified or withdrawn at its sole discretion. MMES may moderate such feedback at any time. MMES shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for de-enlisting of a particular Practitioner and Medical Services Provider from the Website. MMES shall not be held liable or responsible if any Practitioner or MSP furnishes any information which is wrong or false which includes but is not limited to as regards registration details, license details qualification, credentials or achievements or accreditations, facilities provided, conditions treated, procedures carried on, etc. It shall also be noted MMES is not responsible or liable under any circumstances for any comments allegations or grievances or feedback provided or posted by any other User as regards quality for Services rendered by Practitioner or MSP.

NO DOCTOR -MSP- PATIENT RELATIONSHIP AND NOT FOR MEDICAL EMERGENCY USE

Please note that the content, text, data, information, graphics, pictures, images, information, suggestions, guidance and other material that may be available on the Website, including the data and or information provided as a response to direct questions or postings may be provided by individuals in the medical profession. Participating or utilizing the provision of such response and or Information does not create a licensed medical professional and patient relationship, between MMES and you and this does not constitute an opinion, medical advice, diagnosis and/or treatment of any particular condition, but is only provided to assist or guide you with locating appropriate medical care from a qualified practitioner. It is hereby expressly clarified and state that the Information that obtained or received from MMES and its employees, contractors, partners, sponsors, advertisers, licensors, etc on the Website is for informational purposes only. There are no assurances, guarantees, representations and or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise and other information provided on the Website. In no event we shall be liable to you or anyone else for any decision made or action taken by you by depending or relying on such information. The Services provide here are not intended to be a substitute for emergency medical services under any circumstances. If you are a User facing a medical emergency, for your owns self or because of another person’s facing medical emergency situations, please contact the emergency services immediately It should be noted that the information data and Information available on the website to the Users may be provided by individuals engaged in medical profession. Furnishing of such information shall never be construed as a regular relationship between a Doctor and a Patient and under any circumstances will never be considered as medical diagnosis, or a medical advice or an opinion as accepted in regular legal parlance. It is just an endeavor to assist you in searching a proper medical facility or obtaining general guidance from a qualified practitioner. It is never our goal to substitute Physical doctor and patient visit or for availing emergency health emergency. It is pronounced in such cases Local emergency Services shall be called to address such exigencies. It is iterated that information made available / you receive from MMES or its employees, associates, affiliates,, sponsors, advertisers, etc is for general information only and not a regular Doctor advice.

CONTENT OWNERSHIP AND CONDITIONS OF ACCESS AND RIGHTS AND OBLIGATIONS RELATING TO CONTENT

Our policy regarding Content we shall be guided by all the applicable Indian Acts and more specifically following the provisions of Information Technology (Intermediaries guidelines) Rules, 2011, published in THE GAZETTE OF INDIA : EXTRAORDINARY [ PART II-SEC. 3(i)] NOTIFICATION New Delhi, the 11th April, 2011 it is stipulated under Regulation 3 (2) which states specifically (1) Such rules and regulations, terms and conditions or user agreement shall inform the users of computer resource not to host, display, upload, modify, publish, transmit, update or share any information that — (a) belongs to another person and to which the user does not have any right to; (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights; (e) violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; 1330 GI/11-3A THE GAZETTE OF INDIA : EXTRAORDINARY [ : EXTRAORDINARY [ PART II-SEC. 3(i)] 3(i)] (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation

Please refer to the relevant portions or paragraphs mentioned in our Privacy Policy and Disclaimer for further clarification.

REVIEWS AND FEEDBACK

We can chalk out privacy policy as regards our quality of service provided by our website and mobile apps , It shall also encompass as regards quality of content , user ease-and convenience, quality of services rendered and oral user satisfaction .Such rating / review /feedback might be taken in the website and/or mobile apps, or through e-mail and sms to Users or through telephone with Users. It is optional for the users to provide response to such reviews/ratings / feedback. If someone provides such reviews the confidentiality shall be maintained in case of such individual and only collective/ aggregate result might be published or displayed at our sole discretion

Any patient ‘s rating review or feedback with regards to practitioners or MSPs is always welcome for our internal assessment . However decision for on such rating/review /feedback might or might not be considered which will remain at the sole discretion of MMES. MMES is not under responsible and or liable in any manner or nature to intimate or inform such user on its decision if taken.

MMES REACH RIGHTS

MMES reserves the rights to display sponsored advertisements on the Website. These advertisements would be specifically marked as Sponsored/Advertisement. Without prejudice to the status of other content, MMES will not be liable for the accuracy of information or the claims made in the Sponsored Listings. MMES does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. MMES will not be liable for the services of the providers of the Sponsored Listings.

You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your availing these Services is your sole and exclusive responsibility/liability, and MMES accepts no responsibility/liability for the same.

Users are precluded and debarred from the following acts:

  1. Infringing or making any effort to violate the safety and security or genuine integrity of the website or its content or service
  2. Transmitting disruptive information or attempting disrupt the website by posting advertisement of competitors
  3. Maliciously submitting wrong information
  4. Making unwarranted solicitation
  5. Planting any malware virus
  6. Attempts to or does any act resulting in any kind of duplicating activity or copying content of Mednxt.com
  7. making any attempt to decipher or reverse engineer the website or any part thereof
  8. Makes an attempt or does some act resulting in hot linking or deep linking or framing any content of MMES

MMES, after receiving knowledge by itself or been brought to actual knowledge by an aggrieved entity in writing or through email with digital signature about any such information, as mentioned before, generated by Users, or on being notified by the Government or its agency that the Website is being used by the User to commit any unlawful act and/or being used in violation of prohibited acts as mentioned herein this clause above and shall be entitled to remove or disable access to the material this clause. MMES is entitled to act, as required by the Information Technology (Intermediaries guidelines) Rules 2011, within two working days of obtaining such knowledge and where ever applicable, cooperate with the Users to disable such information that is in contravention of applicable law. MMES shall also be entitled to preserve such information and associated records for at least 60 (sixty) days for production to government authorities for investigation.

In case of non-compliance with any applicable laws, rules or regulations and/or the Agreement (including the Privacy Policy and Disclaimer) by an User, MMES has the right to immediately terminate the access or usage rights allowed to the User with regards to the access of Website or mobile application, availing its services rendered and to remove non compliant information from the Website.

MMES may disclose or transfer User generated information to its affiliates or government authorities in such manner as permitted or required by applicable law, and you hereby give consent to such transfer. MMES will comply with any duly issued government or court directions to disable and or restrict access to the User given and or generated information, should it be found to be illegal by a competent governmental authority. For further clarification of this clause also refer to our Privacy Policy and Disclaimer

TERMINATION

Without issuing any notice MMES possesses rights to suspend or terminate a User to access or use the Website, when there is an evident breach of terms of this agreement, an alleged violation of any of its rights on the basis of report of a Third Party, when MMES fails to know the veracity of the source of information furnished to MMES, there are cogent reasons for suspicion of any fraud mischief or non-disclosure or prejudicial to the interest of MMES in any form. MMES may exercise discretion to suspend and terminate such User’s access to the website or Account. An account once suspended or terminated MMES may not allow to let the User to register again in the website or may preclude the User to access its data, message or any information stored by the User in the website. It is also to be noted that if a that if a Practitioner or Nursing Home or a Hospital or a Diagnostic Center or a Medical Service Provider is barred from practice either temporarily or permanently for any reason or his/ her or its license is suspended then in such cases such entities has to report such event within 24 hours of occurrence of such event mandatorily to MMES and registration of such entities shall remain suspended with Mednxt.com unless such ban imposed is duly lifted by the Appropriate Authority . A User however has liberty to close his or her or its registration or account at any point of time . The services shall be discontinued on the day of last payment dues payable at Midnight. Full payment is to be cleared to prevent suspension of your account and services shall be discontinued unless further payment is made and further request is made to this effect.

LIMITATION OF LIABILITY

On any occasion or event whatsoever but not limited to negligence MMES or any of its directors, affiliates, associates, employees, content provider and service provider collectively termed as “Indemnified Entities" shall be held liable for being not able to function as a website or for not being able to utilize its content and materials . However such “Indemnified Entities “should never be held liable or responsible for the following reasons:-

For not being able to provide any service rendered by Practitioner, MCP or MSP with whom relation was made or established through this site

For posting, receiving or submitting any content on this website

Access to data or modification thereof without any authority

Any matter related to Website/Service not envisaged

Under any circumstance our liability for all consequential damages shall not exceed 1000 /- INR.

INDEMNITY

All User are in agreement and accede to indemnify MMES , its affiliates , officers directors , employees , associates content and service provider against consequential damages, liabilities and or costs inclusive of legal fees resulting out of any third party claiming violation of any intellectual property right or any other right of any other person and/or entity resulting from violation of any terms of this agreement or infringement or unauthorized access to the account irrespective of User’s category or classification. MMES shall immediately send notifications to the Users of any such claim or notice of damages.

DISPUTE SETTLEMENT

This agreement is guided by laws of India. If any dispute arises it shall be referred to an Arbitrator following the provisions of Arbitration and Conciliation Act, 1996. The Arbitration proceedings shall be conducted only at Kolkata. The language used in such proceedings shall be English .The award shall be absolute and each party shall be bound to accept the award. If any dispute arises out of use of Website or this agreement, only the Courts at Kolkata have the authority to deal with the dispute raised.

CONTACT INFORMATION GRIEVANCE OFFICER

On the occasion of a User posing a query regarding MMES , website , this agreement or services out customer support can accessed by sending an email at support@mednxt.com or through www.mednxt.com/contactus.

Following the recent amendments of Information Technology Act 2000 you can contact our Grievance Officer at the following address-

Name: Mr. Sandipan Guha
Designation: Consultant Grievance Official
Communication Address: 24 Arya Vidyalaya Road. Calcutta 700078
Email id: sandipanguha@mednxt.com

In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

SEVERABILITY

On the occasion of finding a portion of this agreement not being given effect to or not being enforced or its tenability is questioned then such portion shall be considered omitted or expunged and the rest shall remain enforceable keeping in mind that applicability all statutes and laws .

WAIVER

It shall never be considered or deemed that any portion or clause of this agreement is waived and there is no excuse of breach of such terms or clauses unless there is a written consent from MMES. If there is report of breach of Third Party Copy Right We shall examine the authenticity and veracity of report and the nature of action taken shall be intimated to the person or entity within 30 working days of such communication. Such report shall be sent by an e-mail through “Contact us” link given on our Website.

YOU HAVE FULLY READ UNDERSTOOD AND AGREED UNCONDITIONALLY TO THESE TERMS & CONDITIONS OF USE AND ALSO AGREE TO STRICTLY ABIDE BY ALL OF THE PROVISIONS CONTAINED HEREIN ABOVE.