Medcal Terms and Conditions
This website and internet resource, www.medcal.in (“website”), is authored, published and maintained by Medcal Technologies (“Medcal”), a Partnership firm, registered under the Indian Partnership Act, 1932. By accessing and/or using this website, on the by using the service on this website, you agree to be bound by these terms and conditions set forth below, our Privacy Policy and any additional guidelines and future modifications.
When you access any sub-site, webpage, hyperlink (whether belonging to an ‘associate’ of Medcal or otherwise) through this website, then such sub-site may have its own terms and conditions of use which is specific to such sub-site, webpage, hyperlink. The sub-sites, webpage, hyperlink may contain such additional terms and conditions of use as may be set out in such sub-sites, webpage, hyperlink.
Medcal may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. You shall re-visit the “Terms & Conditions” link from time to time to stay apprised of any changes that the website may introduce.
1. Application:
a. This Terms and Conditions is a legal contract between you and Medcal, in connection with your visit to this website, and use of services.
b. This Terms and Conditions applies to you if you are a medical practitioner or health care provider (“Practitioner” or “User” or “you”), and/or a user of this website (“Visitor” or “you”).
2. Services:
This Agreement applies to services (“services”) made available by Medcal on this website, offering an online space for the Practitioner’s use. Services of Medcal include, but are not limited to:
a. Transcribing all patient visits.
b. Scheduling and tabulating appointments.
c. Recording, and maintaining the prescription.
d. Creating and maintaining all records with respect to patients, such as medical analysis, advice, opinion, diagnosis, history, treatment proposed, contact details, personal and other relevant information.
e. An online repository of all records, as saved and stored by the Practitioner on this website.
3. Subscription:
a. For availing the services on this website, Medcal reserves the right to charge the Practitioner, certain fees in the nature of subscription fees or service fees in addition to the cost of registration as charged by the Practitioner.
b. Medcal further reserves the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed to the Practitioner.
c. In the event of short charging of the registration amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, Medcal shall reserve the right to deduct, charge or claim the balance amount from the Practitioner and the Practitioner shall pay such balance amount to Medcal.
4. Terms of Use:
a. Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
b. You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Medcal accepts no liability for the same.
c. Medcal, directly and indirectly, collects information regarding the Practitioners' profiles, contact details, and practice. Medcal reserves the right to take down any Practitioner's profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Medcal immediately to enable Medcal to make the necessary amendments.
d. Practitioner explicitly agree that Medcal reserves the right to publish the Content provided by Practitioners to a third-party including content platforms.
e. In recognition of the various offerings and services provided by Medcal to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow Medcal to make reference to Practitioner in case studies, and related marketing materials; (b) serve as a reference to Medcal’s existing and potential clients; (c) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (d) make presentations at conferences; and/or (e) use the Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.
f. This website shall not be accessed or used to collect any market research for a competing business.
g. Practitioner shall not impersonate any person, or entity, or falsely state or otherwise misrepresent his/her/its affiliation with a person or entity.
h. Practitioner shall not cover, obscure, block, or in any way interfere with any advertisements and/or safety guidelines on the website.
i. Practitioner shall not take any action that imposes or may impose (in Medcal’s sole discretion), an unreasonable or disproportionately large load on our technical infrastructure.
5. Termination:
a. Medcal reserves the right to suspend or terminate a Practitioner’s and/or the User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
i. Such Practitioner/User breaches any terms and conditions of the Agreement;
ii. A third party reports violation of any of its right as a result of your use of the Services;
iii. Medcal is unable to verify or authenticate the identity of the Practitioner/User;
iv. Medcal has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such Practitioner/User; or
v. Medcal believes in its sole discretion that Practitioner’s/User’s actions may cause legal liability for such Practitioner/User, other Practitioners/Users or for Medcal or are contrary to the interests of the Website.
b. Once temporarily suspended, indefinitely suspended or terminated, the Practitioner/User may not continue to use the Website under the same account, a different account or re-register under a new account. 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 this 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.
6. Limitation of Liability:
a. In no event, shall Medcal, or any of its partners, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, this 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, even if such Protected Entity has been advised of the possibility of such damages.
b. In no event shall the total aggregate liability of the Protected Entities to a Practitioner/User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of this website or the Services.
7. General Provisions:
a. Indemnification:
i. You agree to indemnify, save, and hold Medcal, its partners, affiliates, contractors, employees, officers, directors and agents harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein.
ii. In no event will Medcal be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites. In no event will Medcal or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) any services provided by Medcal, (iii) your use or inability to use the Services or the Site (including any and all Materials) or any reference sites, or (iv) any other interactions with Medcal, however caused and whether arising in contract, tort including negligence, warranty or otherwise, shall not exceed the amount paid by you, if any, to Medcal as Convenience Fees.
b. Waiver:
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Medcal. Any consent by Medcal to, or a waiver by Medcal 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.
c. Governing Law and Dispute Resolution:
i. You agree that this Agreement and any contractual obligation between Medcal and User will be governed by the laws of India.
ii. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement 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 Medcal. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. 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.
iii. Subject to the above clause, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
d. Grievance Policy:
i. If a User has any questions concerning Medcal, the Website, this Agreement, the Services, or anything related to any of the foregoing, Medcal customer support can be reached at the following email address: info@medcal.in or via the contact information available from the following hyperlink: www.medcal.in/contact
ii. 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 our Grievance Officer, Mr. Nitin Somashekar through our ‘Contact Us’ page.
e. Severability:
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement 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, the Agreement 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.
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