Terms of Use

Janvi Health Care solutions LLP (“Janvi”) are the author/developer and publisher of the mobile application ‘Medico Mobile App.” Janvi owns and operates the services provided through the Mobile App.

1. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) before you decide to access the Mobile App or avail the services made available on the Mobile App by Janvi. These Terms constitute a legal agreement (“Agreement”) between you and Janvi in connection with your visit to the Mobile App and your use of the Services of Medico Mobile Application (Mobile App) (as defined below).

The Agreement applies to you whether you are -

  1. A patient, his/her representatives or affiliates, searching for Medical practitioners through the Medico Mobile Application(Mobile App) (“End-User”, “you” or “User”); or
  2. Otherwise a user of the Medico Mobile Application (Mobile App) (“you” or “User”).

    This Agreement applies to those services made available by Janvi on the Mobile App, which are offered free of charge to the Users (“Services”), including the following:

    For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Medical practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Janvi, (iii) to make appointments with medical Medical practitioners, (iv) provide personal assistant, Nursing care, (V) Search diagnostic centers, medical pharmacy by name and geographical area, or any other criteria that may be developed and made available by Janvi.

    The Services may change from time to time, at the sole discretion of Janvi, and the Agreement will apply to your visit to and your use of the Mobile App to avail the Service, as well as to all information provided by you on the Mobile App at any given point in time.

    This Agreement defines the terms and conditions under which you are allowed to use the Mobile App 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, feel free to contact us at support services at the Medico Mobile App.

    By downloading or accessing the Mobile App to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Services, as available on the Mobile App, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Mobile App to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

    We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing.

    You should read the Agreement at regular intervals. Your use of the Mobile App following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

    You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Mobile App or avail any Services.

    Your access to use of the Mobile App and the Services will be solely at the discretion of Janvi. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

  3. The Indian Contract Act, 1872,
  4. The (Indian) Information Technology Act, 2000, and
  5. The rules, regulations, guidelines and clarifications framed there under.

2. CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Mobile App in any manner. By registering, visiting and using the Mobile App or accepting this Agreement, you represent and warrant to Janvi that you are 18 years of age or older, and that you have the right, authority and capacity to use the Mobile App and the Services available through the Mobile App, and agree to and abide by this Agreement.

3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN MEDICAL MEDICAL PRACTITIONERS

The terms in this Clause 3 are applicable only to Users other than medical practitioners.

3.1 END-USER ACCOUNT AND DATA PRIVACY

3.1.1 Janvi may by its Services, collect information relating to the devices through which you access the Mobile App, and anonymous data of your usage. The collected information will be used only for improving the quality of Janvi’s services and to build new services.

3.1.2 The Mobile App allows Janvi to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the medical practitioners and their practice.

3.1.3 Janvi shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Janvi or to any other person acting on behalf of Janvi.

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

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

3.1.6 Janvi may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

3.2 LISTING CONTENT AND DISSEMINATING INFORMATION

3.2.1 Janvi collects, directly or indirectly, and displays on the Mobile App, relevant information regarding the profile and practice of the medical practitioners listed on the Mobile App, such as their specialization, qualification, fees, location, visiting hours, and similar details. Janvi takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Janvi screens and vets the information and photos submitted by the medical practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

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

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

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

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

3.2.6 The information published under the head of "Industry wise city-wise Pricing Graph" is derived from a benchmarking group that is determined to be relevant by Janvi in the relevant city. Janvi has published this information for guidance purpose and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. Janvi is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.

3.3 BOOK APPOINTMENT AND CALL FACILITY

Janvi enables Users to connect with medical practitioners through two methods:

a) Book facility that allows Users book an appointment through the Mobile App.

b) Value added telephonic services which connect Users directly to the Medical practitioner’s number provided on the Mobile App.

3.3.1 Janvi will ensure Users are provided confirmed appointment on the Book facility. However, Janvi has no liability if such an appointment is later cancelled by the medical practitioner, or the same medical l practitioner is not available for appointment.

3.3.2 If a User has utilized the telephonic services, Janvi reserves the right to share the information provided by the User with the medical practitioner and store such information and/or conversation of the User with the medical practitioner, in accordance with our policy.

3.3.3 The results of any search Users perform on the Mobile App for Medical practitioners should not be construed as an endorsement by Janvi of any such particular medical practitioner. If the User decides to engage with a medical practitioner to seek medical services, the User shall be doing so at his/her own risk.

3.3.4 Without prejudice to the generality of the above, Janvi is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the medical practitioner. User understands and agrees that Janvi will not be liable for:

  1. User interactions and associated issues User has with the Medical practitioner.
  2. The ability or intent of the Medical practitioner(s) or the lack of it, in fulfilling their obligations towards Users.
  3. Any wrong medication or quality of treatment being given by the Medical practitioner(s), or any medical negligence on part of the Medical practitioner(s).
  4. Inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Medical practitioner to provide agreed Services.
  5. Any misconduct or inappropriate behavior by the Medical practitioner or the Medical practitioner’s staff.

3.3.5 Users are allowed to provide feedback about their experiences with the Medical practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Janvi shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Medical practitioner from the Mobile App.

3.3.6 Cancellation and Refund Policy
  1. In the event that, the Medical practitioner with whom User has booked a paid appointment via the Mobile App, has not been able to meet the User, User will need to write to us at support@Janvi.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Mobile App will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking.
  2. Users will not be entitled for any refunds in cases where, the Medical practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Medical practitioner.
3.4 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

3.4.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Mobile App (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Janvi and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified medical practitioner.

3.4.2 It is hereby expressly clarified that, the Information that you obtain or receive from Janvi and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Mobile App is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Mobile App. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

3.5 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

3.5.1 The contents listed on the Mobile App are (i) User generated content, or (ii) belong to Janvi. The information that is collected by Janvi directly or indirectly from the End- Users and the Medical practitioners shall belong to Janvi. Copying of the copyrighted content published by Janvi on the Mobile App for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Janvi reserves its rights under applicable law accordingly.

3.5.2 Janvi authorizes the User to view and access the content available on or from the Mobile App solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Mobile App, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Mobile App (collectively, "Janvi Content"), are the property of Janvi and are protected under copyright, trademark and other laws. User shall not modify the Janvi Content or reproduce, display, publicly perform, distribute, or otherwise use the Janvi Content in any way for any public or commercial purpose or for personal gain.

3.5.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

3.6 RECORDS

Janvi may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Medico ’. Information available in your Records is of two types:

  1. User-created: Information uploaded by you or information generated during your interaction with Janvi ecosystem, eg: appointment, medicine order placed by you.
  2. Practice-created: Health Records generated by your interaction with a Medical practitioner who uses Services of Janvi software.

The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms:

3.6.1 Your Records is only created after you have signed up and explicitly accepted these Terms.

3.6.2 Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Medical practitioner and Janvi does not validate the said information and makes no representation in connection therewith. You should contact the relevant Medical practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.

3.6.3 The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Janvi is not liable for any interruption that may be caused to your access of the Services.

3.6.4 The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Medical practitioner. In the event of any medicine reminders provided by Janvi, you should refer to your prescription before taking any medicines. Janvi is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Janvi app.

3.6.5 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Janvi is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Janvi.

3.6.6 Janvi uses industry–level security and encryption to your Health Records. However, Janvi does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Janvi of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@Janvi.com.

3.6.7 If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Janvi assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Janvi and its officers against any such claim or liability arising out of unauthorized use of such information.

3.6.8 In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Medical practitioners will continue to be stored in their respective accounts.

3.6.9 Janvi is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Medical practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.

3.6.10 Janvi has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.

3.6.11 Janvi will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.

3.6.12 To the extent that your Records have been shared with Janvi or stored on any of the Janvi products used by Medical practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Janvi pertaining to such previously visited clinics and hospitals who have tie ups with Janvi for the purposes of their business and for Janvi 's services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Janvi , to the mapping of such Records as may be available in Janvi’s database to your User account.

4. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

4.1 Janvi hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

  1. Belongs to another person and to which the User does not have any right to.
  2. 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.
  3. Harm minors in any way.
  4. Infringes any patent, trademark, copyright or other proprietary rights.
  5. Violates any law for the time being in force;
  6. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
  7. Impersonate another person.
  8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
  9. 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.

4.2 Users are also prohibited from:

  1. Violating or attempting to violate the integrity or security of the Mobile App or any Janvi Content.
  2. Transmitting any information (including job posts, messages and hyperlinks) on or through the Mobile App that is disruptive or competitive to the provision of Services by Janvi.
  3. Intentionally submitting on the Mobile App any incomplete, false or inaccurate information.
  4. Making any unsolicited communications to other Users.
  5. Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Mobile App.

4.3 Janvi , upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 4.1 and 4.2. Janvi shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

4.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement by a User, Janvi has the right to immediately terminate the access or usage rights of the User to the Mobile App and Services and to remove non-compliant information from the Mobile App.

4.5 Janvi may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Janvi to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Janvi as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Janvi or any person on its behalf and the User or where the User has consented to data transfer.

Janvi respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

5.TERMINATION

  1. Janvi reserves the right to suspend or terminate a User’s access to the Mobile App and the Services with or without notice and to exercise any other remedy available under law, in cases where.
  2. Such User breaches any terms and conditions of the Agreement.
  3. A third party reports violation of any of its right as a result of your use of the Services.
  4. Janvi is unable to verify or authenticate any information provide to Janvi by a User.
  5. Janvi has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User. or
  6. Janvi believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Janvi or are contrary to the interests of the Mobile App.

6. LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall Janvi , or any of its Designated 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, the Mobile App or the content, materials and functions related thereto, the Services, User’s provision of information via the Mobile App, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

  1. Provision of or failure to provide all or any service by Medical practitioners to End- Users contacted or managed through the Mobile App.
  2. Any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Mobile App.
  3. Any unauthorized access to or alteration of your transmissions or data. or
  4. Any other matter relating to the Mobile App or the Service.

7. RETENTION AND REMOVAL

Janvi may retain such information collected from Users from its Mobile App or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information.

8. APPLICABLE LAW AND DISPUTE SETTLEMENT

8.1 You agree that this Agreement and any contractual obligation between Janvi and User will be governed by the laws of India.

8.2 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 Mobile App or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Janvi. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Jaipur. 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.

8.3 Subject to the above Clause 8.2, the courts at Jaipur shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Mobile App or the Services or the information to which it gives access.