Terms & Conditions
GENERAL TERMS AND CONDITIONS OF USE
Welcome to “MedCords”.
1. This “MedCords app and website” is an online information and communications service provided by MedCords Healthcare Solutions Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its registered address at Plot No. 2, Basant Vihar Main Road, Dadabari Extn., Kota – 324009, Rajasthan (hereinafter referred as “MedCords”/ “Us”/ “We” / “Our” which expression shall, unless repugnant to context shall be deemed to include its successors and permitted assigns) that contains health and health-related information about an individual or multiple-related-individuals that is/are submitted and/or entered by healthcare providers, healthcare organizations, and/or the individual and/or his or her assignee(s) and that is accessible to such individual in a secure and controlled environment.
2. “MedCords website and app” is for personal and non-commercial access and use only. MedCords provides You with secure, safe online storage for Your important personal health and medical records and other vital documents.
3. These Terms and Conditions of Use (“T&C”) set forth the general terms and conditions governing Your use of the MedCords website and app and the services available herein.
4. You must familiarize yourself with these terms because they establish Your rights and responsibilities as a User.
5. ··We understand that the privacy and security of Your personal records are important, and We use some of the most advanced security technology available that is appropriate to protect that privacy. However, please keep in mind that Your records are only secure if You protect Your password and change Your password frequently and/or if You do not to share any OTPs sent by Us in any manner except as provided under these T&C. As You navigate this website/app and use the services offered, do not hesitate to contact Us if You have any questions.
BY SUBMITTING THE REQUIRED INFORMATION IN THE REGISTRATION FORM AND BY CLICKING “I AGREE”, OR, DURING LOGIN OF YOUR ACCOUNT EITHER YOURSELF OR WITH THE ASSISTANCE OF A CHANNEL PARTNER, YOU HEREBY AGREE TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS OF USE AND YOU CONSENT TO USE OF YOUR DATA BY MEDCORDS IN ANY MANNER SET OUT HEREIN.
YOUR CONTINUED ACCESS AND/ OR USE OF THIS WEBSITE / APP AND THE SERVICES PROVIDED THEREIN SUBSEQUENT TO ANY CHANGES OR MODIFICATIONS CARRIED OUT BY MEDCORDS FROM TIME TO TIME WITHOUT NOTICE SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.
IF YOU DO NOT AGREE TO THESE GENERAL TERMS AND CONDITIONS OF USE OR TO ANY OF THE ABOVE REFERRED CHANGES OR MODIFICATIONS, YOU MAY DISCONTINUE USE OF THE SERVICES OR ACCESS TO THE WEBSITE / APP.
1. “Account”/ “Subscriber’s Account” shall mean the online account exclusive to the Subscriber that is required to avail the Services offered by MedCords through Platform upon completion of Mobile Verification Process (as stipulated in Clause 3 of these T&C) and such other authentication and registration process as may be prescribed by MedCords from time to time;
2. “Anonymized Data” shall mean any information provided by Users which is collected and anonymized by MedCords so as not to be personally identifiable to any User;
3. “Applicable Law” shall mean and include all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, and/or board including but not limited to the Ministry of Health and Family Welfare, as may be applicable and in each case, any implementing regulation or interpretation issued thereunder including any successor Applicable Law;
4. “Channel Partner” shall mean a Person appointed by Medcords to perform services in relation to Platform and assisting Subscribers, including but not limited to Pharmacies, hospitals, medical practitioners and/or other agents appointed by Medcords.
5. “Disclosing Party” shall mean the Party that discloses information including health or health-related information for inclusion in a Subscriber’s Account which may include doctor(s), pharmacist(s), lab center(s) and hospital(s) registered with MedCords;
6. “Personal Information” shall mean to include any past, present, or future health and health-related information of a Subscriber and/or his or her family members which may be accessed, stored, used, and updated only by the Subscriber and/or his or her permitted assignee(s);
7. “Services” shall have the same meaning as is provided under Clause 6 of these T&C;
8. “Subscriber” shall mean the Person that has pursuant to the payment of subscription fee and successful registration is eligible to avail Services and has access to its Subscriber’s Account; ; It is clarified here for avoidance of doubt that depending upon the nature of Services availed and the use of Platform by Subscriber, addition terms and conditions shall apply to such Subscriber;
9. “Parties” shall be used to collectively refer to both MedCords and the User;
10. “Person” shall mean any individual (including personal representatives, executors or heirs of a deceased individual) or legal entity, including but not limited to, any partnership, joint venture, corporation, trust, unincorporated organization, limited liability company, limited liability partnership and governmental authority;
11. “Pharmacies” shall mean medical service providers engaged in compounding and dispensing drugs to a patient upon instructions in the form of a Prescription;
12. “Platform”/ “Website” shall mean and include www.medcords.com, mobile application of MedCords, any successor website/ applications or any other channel facilitated and permitted by MedCords including but not limited to App, any other digital medium including phone, displays, emails, social media interfaces, messaging interfaces, wallet, payment intermediaries using MedCords’ interface;
13. “Prescription” shall mean a written or electronic direction from a medical practitioner to a pharmacist to compound and dispense a specific type and quantity of preparation or prefabricated drug to a patient; and
14. “User”, “You”, “Your”, “Yourself” shall mean any natural or legal person that visits the Platform, uses/ access the Services including the Subscribers.
1. The terms referred to in these T&C shall, unless defined otherwise or inconsistent with the context or meaning thereof, bear the meanings ascribed to them under the relevant statute/legislation.
2. Reference to statutory provisions shall be construed as meaning and including references also to any amendment or reenactment for the time being in force and to all statutory instruments or orders made pursuant to such statutory provisions.
3. Words denoting the singular shall include the plural and words denoting any gender shall include all genders.
4. Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of these T&C or the annexures hereto and shall be ignored in construing the same.
5. References to days, months and years are to calendar days, calendar months and calendar years, respectively.
6. Unless otherwise specified, time periods within or following which any payment is to be made or act is to be done shall be calculated by excluding the day on which the period commences and including the day on which the period ends and by extending the period to the next day of the last day of such period is not a day of which MedCords and/or banking institutions in India are open for general business.
7. Any reference to the “writing” shall include printing, typing, lithography, transmissions by facsimile or in electric form (including e-mail) and other means of reproducing words in visible form including but not limited to any instructions provided by the MedCords in the Platform.
8. Any reference to the “intimation” and “intimated” shall include any intimation provided by MedCords in the Platform.
9. The words “include” and “including” are to be construed without limitation.
10. No provisions shall be interpreted in favor of, or against, any Party by reason of the extent to which such Party or its counsel participated in the drafting hereof or by reason of the extent to which any such provision is inconsistent with any prior draft hereof.
REGISTRATION AND ACCOUNT SET-UP
1. The use of the Platform and Services is limited to only those persons who can enter into and form legally binding contracts under the Indian Contract Act, 1872.
2. Persons who are “incompetent to contract” within the meaning of Indian Contract Act, 1872 include minors, undischarged insolvents, etc. are not allowed to register as Subscriber and access or use the Platform and/or the Services of MedCords.
3. MedCords reserves the right to terminate Your registration and/or refuse Your access to the Platform if it is discovered that You are incompetent to contract in any way whatsoever.
4. By accepting these T&C or using or transacting on the Platform, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between MedCords and such User to the extent permissible under Applicable Laws.
5. Any minor desirous to use or transact on Platform, is required to conduct such transaction through their legal guardian or parents.
Process of Registration
1. In order to register and open a Subscriber’s Account on the Platform, You will provide basic information such as Your first name, last name, date of birth, mobile number and email address, or such other information as may be required in the registration form, either Yourself or with the assistance of a Channel Partner. Upon submission of a registration form, a text message with a link to these T&C shall be sent to the provided personal mobile number provided by You in the registration form, followed by an OTP (One Time Password). A Subscriber’s Account shall be registered by MedCords only upon the submission of such OTP by You (“Mobile Verification”).
2. Users shall be entitled to have these T&C explained to them by a Channel Partner before submission of OTP for registration of Account.
3. You represent and warrant that the information You submit during registration is truthful and accurate and that You will maintain the accuracy of such information.
4. Your Account, username and password are personal to You. You may not transfer Your Account and You will be responsible for the activities associated with Your Account.
5. MedCords will not be liable for any loss or damages as a result of Your failure to maintain the confidentiality of Your Account credentials. If You suspect any unauthorised use or breach of Your Account, You shall immediately notify MedCords of such unauthorized use or breach.
6. You are advised to keep Your email address up-to-date on Your Account to enable Us to communicate with You electronically.
7. Your username will be Your mobile number, which cannot be changed. The password will be automatically generated and sent to Your mobile number or email address. You may access Services either by entering Your username and password on the Platform, or providing Your mobile number to a Channel Partner, and authorizing access to Your Account through an OTP sent to Your mobile number by MedCords. In case You wish to change Your provided mobile number or email id, the procedure of the same can be found in the app or on the website.
8. MedCords shall use the registered information to send Your information about Services or information You have requested via text message or e-mail. The registered information may also be used to provide information about new services that may be or may not relate to You.
9. You may download, print or share to another application a copy of the information stored in Your Account from the Platform for personal use.
10. Access to and use of the Platform is available upon the payment of a subscription fee. The subscription fee, wherever applicable, to access and use the Platform and to establish an Account is defined in the Platform.
11. Subscribers may, either themselves or with the assistance of a Channel Partner, enter, upload, maintain and/or store information, including copies of documents, records, images, and information, either available with them or provided to the Subscriber by healthcare providers, to their Accounts on servers maintained by MedCords.
12. MedCords reserves the right to prevent a Subscriber from uploading any information including copies of documents, records, images, and information to their Accounts if it is of the opinion that such Subscriber is in violation of these T&C and upon notifying the Subscriber of the same.
13. Each Account can be tailored by the Subscriber to upload, maintain, and store health and health-related information for only one member.
14. Whenever a User’s information is submitted to or entered in the Account, that information will be communicated using the encryption technology called Secure Socket Layer ("SSL") encryption software. However, MedCords cannot and will not guarantee that: (i) access to User’s Account will be uninterrupted; or (ii) SSL encryption cannot be breached.
15. The User hereby grants MedCords, its employees, officers, directors, agents, and contractors, and all other persons or entities involved in the operation of MedCords or of the Platform, the right to access, transmit, receive, monitor, retrieve, store, maintain, and use the information in the User’s Account to provide the Services and operate the Platform, including but not limited to converting documents received on the User’s behalf to an electronic format, printing and delivering personal emergency cards and/or stickers, and maintaining the Account.
16. Subscribers are entitled to delete their Account at any time by writing to MedCords at email@example.com or calling the MedCords call centre at MedCords Helpline. Upon deletion of a Subscriber’s Account, MedCords shall delete all Personal Information available on the Account at the request of the Subscriber, or upon expiry of [90 days] from the date of Account deletion.
DATA STORAGE AND USE
1. In order to provide Services, MedCords may store, maintain, use and share the information provided by You as per these T&C.
2. You hereby authorize MedCords to use and/or share Anonymized Data with advertisers and other third parties for the purpose of building data science analytics, marketing and promotions.
4. Subscribers hereby agree and undertake that they shall be responsible for protecting their Account password and/or prevent unauthorized access to their Accounts. MedCords shall not be liable for loss and/or unauthorized use of a Subscriber’s Personal Information for the Subscriber’s failure to protect his or her Account password.
5. Subscribers understand and agree that MedCords may share Personal Information including but not limited to any health records and/or health-related documents to medical practitioners upon Subscriber’s request for a consultation through Platform and upon the Subscriber’s consent to share such Personal Information. Such Personal Information shall only be shared with a medical practitioner identified by MedCords according to the nature of consultation sought by Subscriber and the availability of such medical practitioner. Subscribers will be notified of the details of the medical practitioner identified by MedCords for consultation. Subscriber hereby agrees and gives his consent to this arrangement.
6. Subscribers shall be authorized, at any time, to withdraw a medical practitioner’s access to his Personal Information by writing to MedCords at firstname.lastname@example.org or calling the MedCords Helpline and that such medical practitioner, unless restrained by Applicable Law, shall be obligated to delete and/or destroy all copies of such Personal Information available with him.
7. Subscribers also understand and agree that medical practitioners and/or other healthcare providers may, in furtherance of Services, be allowed to upload a Subscriber’s health records / prescriptions / medical reports to the Subscriber’s account if such medical practitioner / healthcare provider is authorised by the Subscriber in this regard. Subscribers may, at any time, withdraw such consent by writing to MedCords at email@example.com or calling the MedCords call centre at MedCords Helpline.
8. Subscribers shall be authorized, at any time, to delete and/or withdraw all Personal Information from their Account. However, healthcare providers may retain copies of such Personal Information if required in furtherance of effective consultation and if permitted under Applicable Law. Any healthcare providers retaining such Personal Information shall be bound to keep it under strict confidentiality and shall only be permitted to use it for purposes identified under Applicable Law.
9. Subscribers may upload, submit or courier, by e-mail or facsimile their Personal Information including medical records, X-rays and other personal medical images, and other health-related information.
10. MedCords assumes no responsibility for the quality of X-rays or other personal medical images reproduced on the Platform or for medical decisions which are based on X-rays, ECGs, or other personal medical images archived on the Platform.
11. All personal medical documents uploaded by Subscribers including but not limited to X-rays and other personal medical images are intended to aid and assist a medical practitioner. However, MedCords in no way guarantees that a medical practitioner will take all such medical documents into consideration before issuing an opinion.
12. Subscribers, and any Persons authorized by them to submit or enter medical records and/or health-related information into Subscribers’ Accounts are solely responsible for its accuracy and completeness of such information. Each Subscriber is responsible for reviewing information in his or her Account as well as any documents displayed on the MedCords Platform and must notify MedCords, or a third party designated by MedCords of errors, if any.
13. MedCords may disclose Personal Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to any judicial, quasi-judicial, governmental, regulatory or any other authority as may be required by Us to co-operate and / or comply with any of their orders, instructions or directions or to fulfil any requirements under Applicable Law.
14. You may not use any robot, spider, scraper or other automated means to access the Platform or Services for any purpose without our express written permission, except that You may use Standard for Robot Exclusion (SRE) -compliant robots ("Robots") provided that when connecting to the Platform, prior to downloading or indexing any pages on the Platform, such Robots will immediately visit. You understand that the robots.txt file is the only means by which Robots are authorized to access the Platform. You agree not to violate any of the robot access policies and acknowledge that any violation of the policies may result in termination of Your access to the Platform, deactivation or deletion of Your registration and all related information and files You have stored, and preclusion of any further access to such files or the Platform.
1. The content on the Platform and in Subscribers’ Accounts, including but not limited to, text, graphics, images, information obtained from third parties, links, and other material (“Content”) is intended for information and educational purposes only.
2. The content on the Platform should not be considered medical or health advice. Nothing on the Platform is intended to suggest a course of treatment for a particular User. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
3. Users should never disregard professional medical advice or treatment or delay seeking professional medical advice or treatment because of reliance placed on any Content on the MedCords Platform.
4. Information displayed on the Platform is not exhaustive, should not be considered complete, and does not cover all diseases, ailments, physical or mental conditions, or their treatment.
5. ANY QUESTIONS ABOUT ANY MEDICAL CONDITION OR TREATMENT FOR ANY CONDITION SHOULD BE DIRECTED TO YOUR PHYSICIAN OR A QUALIFIED HEALTHCARE PROVIDER.
MedCords, through the Platform, provides the following Services to Subscribers:
1. maintaining medical records of the Subscriber and, if applicable, Subscriber’s family;
2. providing a platform for facilitating consultation between patient-medical practitioner;
3. extraction of information from health records and identifying patterns which will help in analysis of health of Subscribers;
4. providing a feedback mechanism based on medical records; and
5. providing a dashboard for viewing regular health status.
1. Provided that should a Subscriber choose to proceed with a practitioner displayed / identified / listed by Us, for any purpose whatsoever, We will not be a party to such interaction and take no liability arising from such interaction.
2. It is hereby clarified for the avoidance of any doubt that MedCords merely provides an infrastructure that enables You to connect with medical practitioners listed on the Platform and to access consultation facilities of the Platform that are designed to enable you to communicate/consult with a medical practitioner.
3. Your use of the Platform does not in any way create a doctor-patient relationship between You and Medcords. All medical consultation shall be provided to You by the concerned medical practitioner directly and as such, the medical practitioner You consult with shall be solely responsible for compliance with all the requirements applicable to her/his professional services provided to You. Such medical practitioner shall also be liable to You for all medical consultation, medical advice, diagnosis or treatment recommended or provided to You. We shall, in no way, be made responsible or liable for any defect or deficiency in the medical consultation, diagnosis or treatment recommended to You by any medical practitioner.
4. The Services We provide are not for use in case of any medical emergencies, for life threatening conditions or for when You require acute care. You should not disregard or delay to seek medical advice from Your physician based on anything that appears or is provided to You by or through the Platform.
SUBSCRIPTION FEES, PAYMENT AND REFUNDS
1. In lieu of Services provided through the Platform, We shall be entitled to charge such fees as are provided on Platform.
1. Subscribers may either make direct online payments through such payment methods as enabled on Platform, or in cash to Pharmacists authorized by MedCords to receive such payments from Subscribers in its behalf.
2. MedCords uses standard and authorized payment services and our credit check and fraud prevention policies are aligned as per acceptable standards.
1. Refunds are only permitted in exceptional cases, wherein the Subscriber may submit a claim for a refund by writing to MedCords at firstname.lastname@example.org and providing a clear and specific reason for the refund request and the exact provisions of these T&C that have been violated. Whether a refund will be provided will be determined by MedCords in its sole discretion. Refund requests must be submitted within 30 days of the corresponding payment.
USER’S CODE OF CONDUCT
You agree and undertake that Your use of the Platform shall be strictly governed by the following binding principles:
1. You will provide Us with true, authentic and updated Data;
2. You will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of MedCords or any other Person;
3. You will not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
4. You will not violate any Applicable Law;
5. You will not communicate any information or message which is grossly offensive or menacing in nature or deceive or mislead the addressee/ users about the origin of such messages;
6. You will not upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer system;
7. You will not threaten 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;
8. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us;
9. You may not use the Platform or any Content for any purpose that is prohibited by these T&C and/or is unlawful; and
10. You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to Us.
11. You hereby agree and undertake that MedCords may utilise services of third-party service providers for transmitting messages to Users. While transmission and delivery of such messages are provided by third-party service providers, MedCords shall be solely liable for the content of messages such transmitted messages.
LIMITATION OF LIABILITY
1. You acknowledge that neither MedCords nor its parent, subsidiaries, affiliates, and their respective officers, trustees, directors, employees, agents and contractors and any other third parties mentioned on this Platform are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages (including, without limitation, those resulting from personal injury, lost profits, lost data, or business interruption) arising out of or relating in any way to Platform, Platform-related services and products, content or information contained within the Platform and/or any hyperlinked patient portal, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages.
2. Medical practitioners listed on the Platform have represented to Us under agreements entered into in this behalf that they are duly qualified to practice medicine in India and are enrolled on the medical register in one of the states of India. While We make reasonable enquiries to confirm the veracity of this representation made to Us by the said medical practitioners, We shall not be responsible for any misrepresentation or fraud in this regard. Neither we recommend, nor we endorse any medical practitioners or make any representations or warranties with respect to quality of the medical services provided by the said medical practitioners.
3. You acknowledge the limitations and potential risk of medical consultation through the use of Platform, including but not limited to the inability to carry out a physical examination or any other extensive investigations; delays or failures arising from the disruption of communication devices; information transmitted may not be sufficient (e.g. poor resolution of images); delays in evaluation or treatment due to failures of electronic equipment; a lack of access to Your medical records; inherent risks of breach of privacy associated with sharing Your sensitive personal information through the Platform. You take full responsibility for ensuring that any information that You submit is complete and accurate and understand that the medical practitioner relies solely on the information provided by You.
4. We shall not be responsible for any errors in transmission or for the corruption or compromise of any information communicated over the Platform. Thus, before sharing any information or acting on any information or advice offered to you by or through the Platform, You should confirm that You have understood and accept the associated limitations and risks and agree that You are not using the Platform as a substitute for consultation with Your primary care physician.
5. Notwithstanding the foregoing paragraph, the total collective liability of MedCords, its officers, directors, employees, and agents, and its affiliates, information providers, and suppliers and their respective officers, directors, employees, and agents, if any, for losses or damages shall not exceed the subscription fees paid during one (1) calendar year by the Subscriber for the particular information or Services provided. All other damages, direct or indirect, special, incidental, consequential or punitive, including but not limited to, lost profits or damages resulting from lost data or business interruption arising from any use of or inability to use any Content or other parts of the Platform, are hereby excluded even if MedCords, its officers, directors, employees, and agents and its affiliates, information providers, and suppliers and their respective officers, directors, employees, and agents have been advised of the possibility of such damages.
1. You agree to indemnify, defend, protect, release, and hold harmless MedCords, its officers, directors, employees, agents, and its affiliates, information providers, and suppliers and their respective officers, directors, agents, and employees harmless from and against any and all losses, expenses, damages to persons or property, injuries or deaths of persons, liability, claims, liens, demands, and causes of action, including claims of infringement of copyright, trademark, or other intellectual property rights, and including the amounts ordered/decreed/awarded by the Court/ Tribunal/ any other competent authority as refund of claim amount, damages, penalties, interest, court costs, and legal fees including reasonable attorney’s fees (hereinafter, “Claims”) incurred by MedCords, its affiliates or their respective officers, agents, and employees in defense of same in favour of any Person, including the Parties hereto and their employees, contractors, and agents in connection with these T&C or any activity related to Your Account or Your use of the Platform.
2. You understand and agree that such indemnity shall apply regardless of whether the Claims arise in whole or in part from the actual or alleged sole, comparative, concurrent, active, passive, contributory or gross negligence of MedCords, its affiliates and their respective officers, directors, agents, and employees or by You or any other person accessing and/or using the Platform and/or Your Account.
RELATIONSHIP OF THE PARTIES
MedCords is a service provider and the empaneled doctors, hospitals, lab centers are independent contractors and MedCords shall not be held liable for any act or omission on their behalf.
THIRD PARTY WEBSITE LINKS
You may encounter links to external websites / webpages during Your use of the Platform. MedCords exercises no control over such external websites / webpages and as such cannot be responsible for the protection and privacy of Your data or information You provide while visiting such external websites / webpages.
INTELLECTUAL PROPERTY RIGHTS
Except as otherwise indicated, all intellectual property rights in the Platform and any Content therein reside with MedCords and are protected by law for the time being in force and may not be used by You except in connection with usage of the Platform in accordance with these T&C.
During the course of availing the Services and/or Your use of the Platform, You may receive information relating to Us, our Affiliates and/or to Services which may not be known to the general public ("Confidential Information"). You agree that:
1. All Confidential Information will remain the exclusive property of MedCords;
2. You will use Confidential Information only as is reasonably necessary for availing the Services and ensure that any Persons who have access to Confidential Information through Your Account will be made aware of and will comply with the obligations in this provision; and
3. You will not otherwise disclose Confidential Information to any individual, or other third party, including any Affiliates. You may not issue any press release or make any public statement related to the Services, or use Our name, trademarks or logo in any way (including in promotional material) without Our advance written permission or misrepresent or embellish the relationship between Us in any way.
The Platform may remain unavailable due to maintenance and support activities carried out by MedCords. MedCords shall make reasonable efforts to limit such activities to off-peak hours.
MedCords shall have no liability or obligations for any incidental damage or delays in performance or non‐performance caused by circumstances beyond its control. Such circumstances or events include but not limited to electric outage, storms, earthquakes, flooding, fires, lightening, or any other Act of God and government actions, labor strikes, labor shortage, cyber attacks or the inability to obtain materials, equipment or transportation.
GOVERNING LAW AND INTERPRETATION:
These T&C or any part thereof and all activities and conduct of the Parties under or in pursuance of these T&C shall be governed and interpreted in accordance with the laws, rules, regulations, ordinances and policies of government prevailing in India and as amended from time to time. Subject to Clause 18, any disputes arising out of the provisions of these T&C shall be subject to the exclusive jurisdiction of the courts of Kota, Rajasthan, India
Any dispute, controversy or claim arising out of or in connection with these T&C or breach thereof, including its interpretation, performance or termination shall be amicably settled by both parties by negotiations held in good faith.
In case of failure to settle dispute by negotiations within 30 days from thereof despite earnest effort taken by both parties, such dispute shall be finally resolved only by arbitration. The arbitration shall be conducted by a single Arbitrator so appointed by MedCords. The arbitration proceedings shall be conducted in English language in accordance with the Arbitration and Conciliation Act, 2015, as amended from time to time and shall take place at Kota. The award rendered by the Arbitrator shall be in English language and shall clearly state the reasons on which it is based and the same shall be final, conclusive and binding upon the parties hereto.
The enforcement of the arbitral award and appeal from the arbitral award shall be subject to determination by the competent courts in Kota having jurisdiction to entertain and hear such disputes.
All reasonable attorney fees, court costs, and expenses incurred in this process are to be paid and borne equally by both parties.
You agree that You shall have no right to assign, transfer or delegate in whole or part these T&C or any rights liabilities and obligations under or in pursuance of these T&C to any third party, by operation of law or otherwise.
These T&C constitute the entire understanding between the MedCords and the Users with respect to their subject matter and supersede all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the Parties. However, MedCords may require Subscribers to agree to further terms & conditions based on their use of the Platform and the Services availed by them.
If any term or provision of these T&C or any part thereof is subsequently declared to be invalid or unenforceable or illegal by a court of competent jurisdiction or by a competent authority or by Act of Parliament or otherwise, such provision or part thereof shall be ineffective or struck off or deleted only to the extent of such invalidity or unenforceability or illegality and such determination shall not affect any of the remaining terms and provisions. The remainder of provisions of these T&C will remain in force and effect and shall be interpreted so as to reasonably effect the commercial intention of the parties herein.
MedCords reserve the right to amend these T&C from time to time without further notice to You. Any such amendments We make shall be effective once We post a revised version of these T&C of use on the Platform. It is Your responsibility to review the MedCords T&C regularly. Your continued use of the Platform following the publication of any such changes will constitute Your acceptance of the T&C to follow and You shall be automatically bound by the amended terms and conditions.
None of the conditions or provisions of these T&C shall be held to have been waived by any act or knowledge on the part of either party, except by an instrument in writing signed by a duly authorized officer or representative of such party and duly received and expressly consented in writing by the other party. Further, the waiver by either party of any right hereunder or the failure to enforce at any time any of the provisions of these T&C, or any rights with respect thereto, shall not be deemed to be a waiver of any other rights hereunder or any breach or failure of performance of the other party.
SERVICES PROVIDED IN THIS PLATFORM ARE PROVIDED ON "AS IS," BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSLY OR IMPLIEDLY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS PLATFORM, PLATFORM-RELATED SERVICES, AND HYPERLINKED PATIENT PORTALS AND YOU ASSUME TOTAL RESPONSIBILITY FOR ANY OF YOUR HEALTH INFORMATION THAT IS NOT INCLUDED IN THE PATIENT PORTAL OR IS OUT OF DATE. NO ORAL OR WRITTEN INFORMATION OR MEDICAL ADVICE IS EVER GIVEN BY MEDCORDS AND ITS MEMBERS, OFFICERS OR EMPLOYEES. ANY MEDICAL ADVICE PROVIDED IS THE RESPONSIBILITY OF YOUR HOSPITAL AND DOCTORS. THIS PLATFORM IS USED BY PRACTITIONERS TO PROMOTE THEIR SERVICES. THIS PLATFORM, THE USER UNDERSTANDS AND ACCEPTS THAT MEDCORDS DOES NOT ENDORSE ANY PRACTITIONER’S SERVICES.
If You have any query or grievance with regard to the contents of the Platform or these T&C herein, please contact Us at:
Address: 1-C-24, MedCords, SFS Colony, Talwandi, Kota – 324005, Rajasthan, India.