The use of this website by you (the “User”) is subject to the following Terms of usage and you agree and accept as follows:
2. The content of the pages of this website is for the User’s general information and use only.
3. The scope of MegaCare’s services through this website or otherwise is limited to:
- providing a platform for hosting and publishing information about persons representing themselves to be doctors/ hospitals/ nurses/ attendants/ ambulance providers/ laboratories and any other service providers in the fields of healthcare and ancillary or support services (“Health Care Providers”);
- providing an online platform/forum for Users to raise health related questions and Health Care Providers to provide preliminary and generic information with respect to such questions;
- providing an online platform/forum for private interaction between Users and Health Care Providers;
- providing an online platform/forum to identify Health Care Providers based on the User’s inputs and requirements and also on Health Care Provider profiles created exclusively by Health Care Providers themselves;
- providing a platform for Users to order diagnostic laboratory based tests; and
- Facilitating collection and disbursal of consultation and service fees payable by the Users to Health Care Providers and as mutually agreed between the User and the Health Care Provider.
4. MegaCare is not a medical practitioner or any other type of Health Care Provider and does not provide any medical advice or consultation or services in the nature of medical, healthcare, care giving or ancillary services. MegaCare only provides a medium to connect the User with Health Care Providers. Any advice or information provided or service rendered to the User by the Health Care Providers is the opinion of such Health Care Provider alone and MegaCare bears no responsibility for accuracy/correctness of such advice, information or service.
5. MegaCare does not provide the health care services displayed on this website and as such is not a service provider in this regard. The availability, quality, reliability, safety, accuracy and veracity of such services or lack thereof must be verified by the User independently and if such services are availed by the User, the User accepts that any risk associated with the Health Care Provider provided services is the User’s alone and not that of MegaCare.
6. MegaCare collects, directly or indirectly, and displays on its website, relevant information regarding the profile, practice and service of the Health Care Providers listed on this website, including but not limited to their specialization, qualification, fees, location, visiting hours, and similar details. Though MegaCare takes reasonable efforts to ensure that such information is updated at frequent intervals, MegaCare makes no representation about the accuracy, veracity or reliability of such information. Though MegaCare has internal procedure to screen the information that appears on this website, it makes no representation as to the accuracy, veracity or reliability of such information and is not liable for any misrepresentation, misinformation, untruth or inaccuracy of such information or any damage consequential thereto.
7. The services provided by MegaCare or any of its licensors or service providers are provided on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). MegaCare does not provide or make any representation, warranty or guarantee, express or implied about the website or the services. MegaCare does not guarantee the accuracy or completeness of any content or information provided by Users on the website. To the fullest extent permitted by law, MegaCare disclaims all liability arising out of the User’s use or reliance upon the website, the services, representations and warranties made by other Users, the content or information provided by the Users on the website, or any opinion or suggestion given or expressed by MegaCare or any User in relation to any User or services provided by such User.
8. This website may provide links to websites of third parties, affiliates and business partners. MegaCare has no control over, and is not liable or responsible for the content, accuracy, validity, reliability or quality of such websites or made available by/through this website. Inclusion of any link on this website does not imply that MegaCare endorses the linked site. The User may use such links and such services at the User’s own risk.
9. MegaCare assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing this website or the downloading of any material, data, text, images, video content, or audio content from this website. If a User is dissatisfied with this website, that User’s sole remedy is to discontinue using this website.
10. Some of the content, text, data, graphics, images, information, suggestions, guidance, and other material that may be available on this website (including but not limited to information provided in direct response to the User’s questions or postings) may be provided by the Health Care Providers. The provision of such information does not create a licensed medical professional/patient relationship between MegaCare and the User and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist the User with assessing the User’s health care requirement and identifying appropriate medical care from a qualified practitioner of the User’s choosing.
11. The Information that the User obtains or receives from MegaCare, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on this website is for informational purposes only. MegaCare makes no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on this website. In no event shall MegaCare be liable to the User or anyone else for any decision made or action taken by the User in reliance on such information.
12. The services of MegaCare are not intended to be a substitute for getting in touch with emergency healthcare. MegaCare should not be considered in any form to be a substitute for a doctor or a hospital or a treatment or any emergency services.
13. MegaCare collects personally identifiable information (name phone number, email etc.) from the User when the User requests for a service. The User authorizes our representative to contact him/he by providing this information and this will override the DND status on your mobile number.
15. MegaCare may by its services, collect information relating to the devices through which the User accesses its website.
16. The website allows MegaCare to have access to registered Users’ personal email or phone number, for the purpose of communication with the User so as to provide the User a convenient way of booking appointments and for obtaining feedback in relation to the Health Care Providers.
17. The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User opts to register on this website. The User shall be responsible for all usage of the User’s account and password, whether or not actually authorized by the User. The User shall immediately notify MegaCare of any actual or suspected unauthorized use of the User’s account or password. Although MegaCare will not be liable for any losses to the User caused by any unauthorized use of his/her account, the User may be liable for the losses of MegaCare or such other third parties as the case may be, due to any unauthorized use or access of the User’s account.
18. If the User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or MegaCare has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MegaCare has the right to discontinue its services to the User at its sole discretion.
19. MegaCare may use such information collected from the Users from time to time for the purposes of resolving customer support related issues.
20. The User’s usage of any information or materials on this website is entirely at the User’s own risk, for which MegaCare shall not be liable. It shall be the User’s own responsibility to ensure that any products, services or information available through this website meet the User’s specific requirements.
21. Without prejudice to the generality of the above, MegaCare will not be responsible for any harm or loss suffered by the User as a result of:
- Any unavailability of services or variation of services represented by the Health Care Providers as being provided by them;
- any wrong medication or treatment quality being given by the Health Care Providers or any medical negligence on part of the Health Care Providers;
- any type of inconvenience suffered by the User due to a failure on the part of the Health Care Provider to provide agreed services or to make himself/herself available at the appointed time, no show by the Health Care Provider inappropriate treatment, or similar difficulties;
- any misconduct or inappropriate behaviour by the Health Care Providers or their staff;
- cancellation or rescheduling of booked appointment or any variance in the fees charged by the Health Care Providers;
- any medical eventualities that might occur subsequent to using the services of a Health Care Provider, whom the User has selected on the basis of the information available on this website or with whom the User has booked an appointment through the website.
22. The User post health related queries on this website and the Health Care Providers may choose to respond to such queries. MegaCare will not be responsible for the content of either the query or any response thereof.
23. The User may post two types of queries on this website: (i) public queries, which are sent to multiple Health Care Providers and enables any of the chosen Health Care Providers to respond to the query posted; and (ii) private queries, which will be only sent to the Health Care Provider that the User has chosen.
24. The public queries posted by the Users are sent to multiple Health Care Providers chosen through a fully automated system. The automated system chooses Health Care Providers based on inter alia the information furnished by each Health Care Provider, the number of questions answered by the Health Care Provider and the rating or reviews procured by the Health Care Provider. MegaCare will not be responsible for the Health Care Providers chosen to respond to the queries, or whether or not such queries are responded to, or the nature of such responses, or the contents thereof.
25. In the event the User has posted a private query, the Health Care Provider may indicate the pre-consultation fee payable for the advice solicited and in such case MegaCare shall provide the User an option to directly remit the amount to the Health Care Provider through this website. Upon receipt of the payment, the Health Care Provider shall provide his response to the query. The amount paid to the Health Care Provider is non-refundable and MegaCare is not responsible for the nature of advice provided by the Health Care Provider, or whether or not such queries are responded to, or the nature of such responses, or the contents thereof.
26. The User understands and agrees that any interactions and related issues between the User and the Health Care Provider on this website, including but not limited to the User’s health issues and the User’s experiences is strictly between the User and the Health Care Provider. The User shall not hold MegaCare responsible for any such interactions and associated issues. MegaCare is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between the User and the Health Care Provider, the User interacts with. If the User decides to engage with a Health Care Provider to provide medical services to the User, the User does so at your own risk. MegaCare shall not be responsible for any breach of service or service deficiency by any doctor or health care provider.
27. MegaCare shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services availed by such Users from the Health Care Providers available on this website.
28. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at MegaCare’s sole discretion and may be modified or withdrawn at its sole discretion. MegaCare may moderate such feedback at any time. MegaCare shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Health Care Provider from the website.
29. This website contains material which is owned by or licensed to MegaCare. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
30. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that MegaCare endorses these website(s). MegaCare has no responsibility for the content of the linked website(s).
31. The User agrees to fully indemnify, hold harmless and defend MegaCare from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements or judgments which arise out of or relate to any breach or violation of any Clause under the Terms of Usage.
32. These Terms of Usage and any contractual obligation between MegaCare and User will be governed by the laws of India.
33. Any dispute, claim or controversy arising out of or relating to these Terms of Usage, including the determination of the scope or applicability of these Terms of Usage 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 agreed between both the parties, within 30 days of the notice invoking such arbitration from one party to the other. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Delhi. 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.
34. Subject to Clause 32 above, the courts at Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to these terms of usage, the User’s use of the website or the services or the information to which it gives access.
35. MegaCare may modify or terminate any portion of the Terms of Usage for any reason, with or without notice and without liability to the User or any third party. To keep a track of any such changes, MegaCare recommends that the User reviews these Terms of Usage periodically.
36. MegaCare reserves the right to amend, update or alter these Terms of Usage at its sole discretion. In the event of an amendment, update or alteration of these Terms of Usage, the obligation under the amended, updated or altered Terms of Usage shall be the only agreement/contract between the parties in supersession of any other any other terms. Should the User disagree with such amendments, updates or alterations, its sole remedy is to discontinue the use of this website.