Terms & Condition

Terms And Conditions

Terms of use

Please read these terms of use carefully by accessing or using this internet-based platform, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use this internet-based platform.

Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitute a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and MEMD HEALTHTECH PVT.LTD. on the other Part.

By accessing, browsing, or in any way transacting on the Website, or availing of any Services, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy (as set out in Part B herein below), and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions to access, browse or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms, and conditions shall be deemed to be incorporated into and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website to a third-party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.

 The Website is a platform that facilitates (i) online purchase of pharmaceutical products sold by various third-party pharmacies (“Third Party Pharmacies”) and by the Company; (ii) diagnostic services being offered by various third-party diagnostic centers (“Third Party Labs”); (iii) online medical consultancy services/ second opinion being offered by third party independent doctors (“Medical Experts”); and (iv) online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”). The Third Party Pharmacies, Third-Party Labs, Medical Experts, and Third Party Advertisers are collectively referred to as the “Third Party Service Providers”. Further, the Website also serves as an information platform providing health and wellness-related information (“Information Services”) to the Users accessing the Website (The services of the Third Party Services Providers, sale of pharmaceutical products by the Company, and the Information Services are collectively referred to as the “Services”).

 The arrangement between the Third Party Service Providers, You, and Us shall be governed in accordance with these Terms of Use. The Services would be made available to such natural persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by Us, from time to time, (referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include natural persons who are accessing the Website merely as visitors). The Services are offered to You through various modes which shall include the issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by relevant Third Party Service Providers. To facilitate the relationship between You and the Third Party Service Providers through the Website, MEMD Care shall send You (promotional content including but not limited to mailers, notifications, and messages).

 You agree and acknowledge that the Website is a platform that You and Third Party Service Providers utilize to meet and interact with one another for their transactions. MEMD HEALTHTECH PVT. LTD. is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the Third Party Service Providers.

MEMD HEALTHTECH PVT.LTD. reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and at its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications, provided however that, we will inform You of such changes at least once a year. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website.

As a condition to Your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to MEMD HEALTHTECH PVT.LTD. that You are 18 (eighteen) years of age or older and that You have the right, authority, and capacity to use the Website and agree to and abide by these Terms of Use.

These Terms of Use are published in compliance with, and are governed by the provisions of Indian laws, including but limited to:

the Indian Contract Act, 1872 (“Contract Act”);

 the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines, and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);

 the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);

 the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);

 The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;

Pharmacy Act, 1948 (“Pharmacy Act”) and

the Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020.

 MEMD HEALTHTECH PVT.LTD. authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering, and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and assembly of content, contains Third Party Service Providers’ content (“Third Party Content”) as well as in-house content provided by MEMD HEALTHTECH PVT.LTD. including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“MEMD HEALTHTECH PVT.LTD. Content”) (collectively, “Content”). The MEMD HEALTHTECH PVT.LTD. Content is the property of MEMD HEALTHTECH PVT.LTD. and is protected under copyright, trademark, and other applicable law(s). You shall not modify the MEMD HEALTHTECH PVT.LTD. Content or reproduce, display, publicly perform, distribute, or otherwise use the MEMD HEALTHTECH PVT.LTD. Content in any way for any public or commercial purpose or for personal gain.

 Compliance with these Terms of Use would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.

 These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

ELIGIBILITY

For the purposes of availing of the Services and/or transacting with the Third Party Service Providers through the Website, You are required to obtain registration, in accordance with the procedure established by MEMD HEALTHTECH PVT.LTD. in this regard. As part of the registration process, MEMD HEALTHTECH PVT.LTD. / may collect the following personal information from You:

Name;

User ID;

Email address;

Address (including country and ZIP/ postal code);

Gender;

Age;

Phone number;

The password is chosen by the User;

Valid financial account information; and

Other details as You may volunteer.

 The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents, etc. are not eligible to register on, or use/ access the Website. By registering, accessing, or using the Website, You accept the terms of these Terms of Use and represent and warrant to MEMD HEALTHTECH PVT.LTD. that you are ‘competent to contract’ under the Contract Act and have the right, authority, and capacity to use the Website and agree to and abide by these Terms of Use.

A registered id can only be utilized by the person whose details have been provided and MEMD HEALTHTECH PVT.LTD. does not permit multiple persons to share a single log-in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.

 Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members.

 You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current, and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify MEMD HEALTHTECH PVT.LTD. if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.

 The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by MEMD HEALTHTECH PVT.LTD. for the technical administration of the Website, research and development, and User administration. In the course of serving advertisements or optimizing services to You, MEMD HEALTHTECH PVT.LTD.  may allow authorized third parties to place or recognize a unique cookie on the Your browser. MEMD HEALTHTECH PVT.LTD. does not store personally identifiable information in the cookies.

 MEMD HEALTHTECH PVT.LTD. , at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access to the Website and App, at any time while MEMD HEALTHTECH PVT.LTD. /investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason.

USE OF SERVICES AND THE WEBSITE

 E-Commerce Platform for Pharmaceutical Products –

 Platform to facilitate the transaction of business:

 Through the Website, MEMD HEALTHTECH PVT.LTD. facilitates the purchase of drugs and other pharmaceutical products, and services offered for sale by Third Party Pharmacies (“Pharmaceutical Goods and Services”). You understand and agree that MEMD HEALTHTECH PVT.LTD. and the Website merely provide hosting services to You and persons browsing/visiting the Website. All items offered for sale on the Website, and the content made available by the Third Party Pharmacies, are third-party user-generated content and third-party products. MEMD HEALTHTECH PVT.LTD.  has no control over such third-party user-generated contents and/or Pharmaceutical Goods and Services and does not – originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Pharmaceutical Goods and Services made available by the Third Party Pharmacies through the Website shall be the sole responsibility of the Third Party Pharmacies. You understand and agree that MEMD HEALTHTECH PVT.LTD. shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.

 Representation as to legal title

MEMD HEALTHTECH PVT.LTD. does not make any representation or warranty as to the legal title of the Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies on the Website.

 At no time shall any right, title, claim, or interest in the products sold through or displayed on the Website vest with MEMD HEALTHTECH PVT.LTD.  nor shall MEMD HEALTHTECH PVT.LTD.  have any obligations or liabilities in respect of any transactions on the Website. You agree and acknowledge that the ownership of the inventory of such Pharmaceutical Goods and Services shall always vest with the Third Party Pharmacies, who are advertising or offering them for sale on the Website and are the ultimate sellers.

You agree and acknowledge that the Third Party Pharmacies shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third Party Pharmacies do not have the sole and exclusive legal ownership over the Pharmaceutical Goods and Services that have been offered for sale on the Website by such Third Party Pharmacies, or did not have the absolute right, title, and authority to deal in and offer for sale such Pharmaceutical Goods and Services on the Website.

 Non-Performance of Contract

You accept and acknowledge the following:

 MEMD HEALTHTECH PVT.LTD. is not responsible for any unsatisfactory, delayed, non-performance, or breach of the contract entered into between You and the Third Party Pharmacies for purchase and sale of goods or services offered by such Third Party Pharmacies on the Website;

 MEMD HEALTHTECH PVT.LTD.  cannot and does not guarantee that the concerned Third Party Pharmacies will perform any transaction concluded on the Website;

The Third Party Pharmacy(s) are solely responsible for ensuring that the Pharmaceutical Goods and Services offered for sale on the Website are kept in stock for successful fulfillment of orders received. Consequently, MEMD HEALTHTECH PVT.LTD. is not responsible if the Third-Party Pharmacy(s) does not satisfy the contract for the sale of Pharmaceutical Goods and Services which are out of stock, back-ordered, or otherwise unavailable, but were shown as available on the Website at the time of placement of the order by You; and

 MEMD HEALTHTECH PVT.LTD.  shall not and is not required to mediate or resolve any dispute or disagreement between You and Third Party Pharmacies. In particular, MEMD HEALTHTECH PVT.LTD. does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. MEMD HEALTHTECH PVT.LTD.  shall, on a request in writing made by You after the purchase of any Pharmaceutical Goods and Services on the Website, provide You with information regarding the Third Party Pharmacies from which You have made such purchase, including the principal geographic address of its headquarters and all branches, name, and details of its website, its email address and any other information necessary for communication with the Third Party Pharmacy for dispute resolution.

 Exhibition of drugs and publication of Third Party Pharmacies content on the Website

 You agree and acknowledge that the respective Third Party Pharmacies are exhibiting Third Party Content which includes a catalog of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website.

 The Third Party Content available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Third Party Pharmacies on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.

 You acknowledge and agree that such Third Party Pharmacies shall be solely responsible for ensuring that such Third Party Content made available regarding the Pharmaceutical Goods and Services offered for sale on the Website, are not misleading and describe the actual condition of the Pharmaceutical Goods and Services. In this connection, it is solely the responsibility of the concerned Third Party Pharmacy(s) to ensure that all such information is accurate in all respects and there is no exaggeration or over-emphasis on the specifics of such Pharmaceutical Goods and Services so as to mislead the Users in any manner. You acknowledge and understand that MEMD provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website and You must run Your own independent check. You agree and acknowledge that MEMD HEALTHTECH PVT.LTD.  has not played any role in the ascertainment of the actual impact/ effect of any Pharmaceutical Goods and Services being offered for sale by the Third Party Pharmacies on the Website. Further, it is hereby clarified that the Third Party Pharmacies are offering the Pharmaceutical Goods and Services for sale to You and they are responsible for procuring the appropriate licenses for the same under the Drugs Act read with the Drug rules and the Pharmacy Act. You agree and acknowledge that You shall not hold MEMD HEALTHTECH PVT.LTD. responsible or liable for any damages arising out of such reliance on third-party user-generated content by You.

 Prescription Drugs

 The Website is a platform that can be used by the Users to purchase various drugs and pharmaceutical products that requires a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the Website by Third Party Pharmacies. In order to purchase Prescription Drugs from Third Party Pharmacies through the Website, You are required to upload a scanned copy of the valid prescription on the Website or email the same to MEMD HEALTHTECH PVT.LTD. The order would not be processed and forwarded to the concerned Third Party Pharmacy(s) by MEMD HEALTHTECH PVT.LTD.  until it receives a copy of a valid prescription. Third-Party Pharmacies will verify the prescription forwarded by You and in case of Third Party Pharmacy(s) observe any discrepancy in the prescription uploaded by You, the Third Party Pharmacy(s) will cancel the order immediately. You are also required to make the original prescription available at the time of receipt of delivery of Prescription Drugs. You shall allow the delivery agent to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered.

 MEMD HEALTHTECH PVT.LTD. shall maintain a record of all the prescriptions uploaded by the Users.

 Substitution of Prescribed Drugs

 You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name.

 You further acknowledge and accept that, in the absence of the above, the concerned Third Party Pharmacy would not dispense a substitute drug in place of the Prescription Drug.

 Invitation to offer for sale

 Notwithstanding anything else contained in any other part of these Terms of Use, the listing of drugs and other pharmaceutical products on the Website by the Third Party Pharmacies is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale. The placement of an order by You shall constitute an offer by You to enter into an agreement with the Third Party Pharmacies (“Offer”). Post the Offer from the Third Party Pharmacies, MEMD HEALTHTECH PVT.LTD. shall send an email to You with the information on the Offer along with the details of the concerned Third Party Pharmacy(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the Third Party Pharmacy(s) after the validation/ verification of the prescription by such Third Party Pharmacy (in the case of Prescription Drugs) and the ascertainment of the available stock in the relevant Third Party Pharmacy(s) (in the case of prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to You.

 For the avoidance of any doubt, it is hereby clarified that any reference to the term ‘offer/ offered for sale by the Third Party Pharmacy’, as appearing in these Terms of Use, shall be construed solely as an ‘invitation to offer for sale by any such Third Party Pharmacy.

 Transfer of Property and Completion of Sale

Upon acceptance of the Offer by the concerned Third Party Pharmacy, the Pharmaceutical Drugs and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Third Party Pharmacy, wherever required under the applicable law(s).

You agree and acknowledge that the property and title in the Pharmaceutical Drugs and Services ordered by You shall stand immediately transferred to You upon the dispensation of Pharmaceutical Drugs and Services and the raising of the invoice at the concerned Third Party Pharmacy. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded at the concerned Third Party Pharmacy itself.

The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to You shall be issued by the concerned Third Party Pharmacy which is to process and satisfy the order for such Pharmaceutical Drugs and Services.

 Delivery of Drugs

 You agree to appoint an individual who shall act in the capacity of Your agent and collect the medicines as requested by You from Third Party Pharmacy on Your behalf (“User-Agent”). You accept and acknowledge that the User-Agent shall be responsible to collect the medicines ordered by You from the Third Party Pharmacy and carrying them to the address notified by You.

 You further agree and acknowledge that the User-Agent acts as Your agent for collecting the medicines from the Third Party Pharmacy. The services are being undertaken by User-Agent with Your consent and therefore the Company is merely facilitating for You and the Users Agent to connect.

The following terms and conditions will be deemed to have been accepted by the user on the usage of the website www. member. in, and MEMD App. You are requested to read them carefully before you use the services of the site and the mobile application referred to as ‘digital assets.

The digital assets are owned and maintained by MEMD HEALTHTECH PRIVATE LIMITED Office 75, 5th Floor, Wing C, Kunal Plaza, Chinchwad, Pune, Maharashtra, India, 411019. MEMD HEALTHTECH member reserves the right to make changes to the digital assets and the terms, conditions, and disclaimers at any time and without prior information to the customers of the services.

Intellectual Property Rights

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party or manufacturer or brand owner and so expressly mentioned, MEMD HEALTHTECH member reserves the right to make changes to the digital assets and the terms, conditions, and disclaimers at / member owns all Intellectual Property Rights to and into the digital assets, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, trademarks, trade names, service marks, designs, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from this Website without obtaining authorization from MEMD HEALTHTECH member reserves the right to make changes to the digital assets and the terms, conditions, and disclaimers at / memd.

User Security

By registering with the digital assets you can access or view the prices, and product details, and submit purchase orders electronically. You are responsible for using the digital assets in a private and secure manner. We will not be liable for any damage or loss caused by any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.

Warranties

MEMD HEALTHTECH member reserves the right to make changes to the digital assets and the terms, conditions, and disclaimers at makes no warranty for any damage suffered by customers from the use of the services on this site. Furthermore, it makes NO warranty that:

  • The information on the digital assets is a substitute for proper consultation and treatment from a MEMD HEALTHTECH member reserves the right to make changes to the digital assets and the terms, conditions, and disclaimers at Doctor or other registered medical practitioners;
  • The digital assets will be available on an uninterrupted, timely, secure, or error-free basis;
  • The results that may be obtained from the use of the digital assets or any services offered through the digital assets will treat any disease.

Usage Restrictions

You agree not to use the digital assets for any of the following purposes:

  • Circulate or spread any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material. Convey material that encourages conduct that constitutes a criminal offense, results in civil liability, or otherwise breaches any relevant laws, regulations, or code of practice.
  • Gaining unauthorized access to another computer / network systems which may include Interfering with any other person’s use or enjoyment of the Website
  • Breaching any applicable laws.
  • Interfering or disrupting networks or websites connected to the digital assets.
  • Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of MEMD HEALTHTECH member reserves the right to make changes to the digital assets and the terms, conditions, and disclaimers at.
  • Any activity which results in manipulation, defacement, hijacking, hacking, etc., of the Website.
  • Use the digital assets to violate the security of any computer network, crack pass words or security encryption codes, transfer or store illegal material including threatening or obscene material, or engage in any kind of illegal activity.
  • Engage in any fraudulent, abusive, or illegal activity, including but not limited to any prohibited activity outlined in the Information Technology Act, 2000, communication or solicitation designed or intended to fraudulently obtain the password or any private information of any use
  • Cache or permit caching by any person.
  • Rent, lease, sell, sublicense, or lend your access to the digital assets.

Charges

The firm will charge freight or handling charges or shipping charges, international payment gateway charges, and/or statutory taxes as applicable. More information on shipping charges is available at https://memd.in/faq/

Limitation Of Liability

In no event will we be liable for damages of any kind, including, without limitation, direct, incidental, consequential damages (including, but not limited to, damages for lost profits, business interruption, and loss of programs or information) arising out of the use of or inability to use our digital assets, or any information provided on the digital assets, or in the products any claim attributable to errors, omission, or other inaccuracies in the products or interpretations thereof.

Indemnification

User agrees to indemnify, defend and hold MEMD HEALTHTECH member reserves the right to make changes to the digital assets and the terms, conditions, and disclaimers at or its owners harmless from and against all losses, expenses, damages, and costs, including reasonable attorney’s fees, arising out of or related to any misuse by the user of the content and services provided on the digital assets.

Governing Law

The laws of India shall apply and courts in Faridabad, Haryana shall have jurisdiction in respect of all the terms, conditions, and disclaimers. The firm reserves the right to make changes to the digital assets and the terms, conditions, and disclaimers at any time and without information to the customer/customers of the services.

Software Available on the Digital Assets

Software or information (if any) that is made available for use or download from the digital assets (“Software”) is the copyrighted work of MEMD HEALTHTECH member reserves the right to make changes to the digital assets and the terms, conditions, and disclaimers at and/or its Licensors. Your use of the Software is governed by the terms of the end-user license agreement (“License Agreement”), if any, which accompanies or is included in the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

Notices

User agrees to indemnify, defend and hold MEMD HEALTHTECH member reserves the right to make changes to the digital assets and the terms, conditions, and disclaimers at or its owners harmless from and against all losses, expenses, damages, and costs, including reasonable attorney’s fees, arising out of or related to any misuse by the user of the content and services provided on the digital Notices under these Terms may be given by MEMD HEALTHTECH member reserves the right to make changes to the digital assets and the terms, conditions, and disclaimers at and the Customer in writing by delivering them by hand or by sending them by post to the last address given by the Customer and in the case of MEMD HEALTHTECH member reserves the right to make changes to the digital assets and the terms, conditions, and disclaimers at to the contact address mentioned on the digital assets.

In addition, MEMD HEALTHTECH member reserves the right to make changes to the digital assets and the terms, conditions, and disclaimers at may also publish notices of general nature, which are applicable to all Visitors or Customers in a newspaper or on its digital assets. Such notices shall have the same effect as a notice served individually to each Visitor or Customer.

In the case of hand delivery, cable, telex, facsimile notices, or electronic communication, notices or instructions will be deemed served 7 days after posting or upon receipt as the case may be. Documents, which may be sent by electronic communication between the parties, may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the digital assets. MEMD HEALTHTECH member reserves the right to make changes to the digital assets and the terms, conditions, and disclaimers at shall be deemed to have fulfilled any legal obligation to deliver to the Customer if any such document is sent via electronic delivery at the electronic mail id last provided by the Visitor or Customer. Any instructions received from the Customer/Visitor by means of electronic delivery or by facsimile would be deemed to have been sent on paper.

Modification of These Terms of Use

MEMD HEALTHTECH member reserves the right to make changes to the digital assets and the terms, conditions, and disclaimers at reserves the right to change the terms, conditions, and notices under which the digital assets are offered, including but not limited to the charges, if any, associated with the use of the digital assets. It shall be the sole responsibility of the user to regularly review these terms and conditions. The user’s continued use of the digital assets shall constitute his/her/acceptance of any such changes to this policy.

Termination/Access Restriction

MEMD HEALTHTECH member reserves the right to make changes to the digital assets and the terms, conditions, and disclaimers at reserves the right, in its sole discretion, to terminate your access to any or all digital assets and the related services or any part or portion thereof, at any time, without notice.

Materials provided by you

MEMD HEALTHTECH member reserves the right to make changes to the digital assets and the terms, conditions, and disclaimers at does not claim ownership of the materials you provide to MEMD HEALTHTECH member reserves the right to make changes to the digital assets and the terms, conditions, and disclaimers at (including registration data, feedback, suggestions, etc) or post, upload, input or submit to any of the digital assets or its associated services (Submissions). However, by posting, uploading, inputting, providing, or submitting your Submissions, you are granting MEMD HEALTHTECH member reserves the right to make changes to the digital assets and the terms, conditions, and disclaimers at and its group companies/affiliates the use of your Submissions in connection with the operation of their businesses including publishing your name in connection with your Submissions. MEMD HEALTHTECH member reserves the right to make changes to the digital assets and the terms, conditions, and disclaimers at shall not use or sell user identifiable data contained in the Submissions. However, MEMD HEALTHTECH member reserves the right to make changes to the digital assets and the terms, conditions, and disclaimers at has the sole & exclusive right to use, transfer or otherwise deal with compiled user aggregated data as not restricted by law.

Information on Products and Services

The information (including without limitation advice and recommendations) and services on this Website are intended solely as a general educational aid and do not constitute a recommendation to buy any products, etc. discussed therein by MEMD HEALTHTECH PVT.LTD. member reserves the right to make changes to the digital assets and the terms, conditions, and disclaimers at.

Any decisions will be based solely on your own discretion and evaluation of the products of MEMD HEALTHTECH PVT.LTD and your need for the same. While adequate care would be taken to ensure completeness, accuracy, etc. of the information/services provided, MEMD HEALTHTECH PVT.LTD shall in no circumstances be liable for any loss or damage caused by your reliance on information obtained through this Website. It is your sole responsibility to evaluate the completeness, accuracy, or usefulness of any opinion, guidance, or other content made available on this Website. You should consult your own legal counsel, business Advisor, and tax Advisor as to the legal, business, tax, and related matters concerning any policies with respect to which guidance is sought or given.

Message Boards/Chat Rooms

The site provides message boards & chat rooms for user discussions. We expect our viewers to exercise due caution before transacting on any message posted on the boards/chat rooms. We request the participants not to misuse the boards & chat rooms by posting malicious & ill-intentioned messages. The messages posted on chat rooms & message boards are the views of the individual posting them. We will not assume any liability on account of the message posted on message boards & chat rooms.

Security Practices and Procedures

Our Company complies with reasonable security practices and procedures to protect the sensitive and personal information collected by us. Regular audits are conducted to ensure that reasonable security practices and procedures are in place.

 Diagnostics Services –

 As a condition of Your use of and access to the diagnostic services provided through the Website and Your acceptance of these Terms of Use, You are subject to the following rules/ guidelines:

 Terms for use of the Diagnostic Services:

 MEMD HEALTHTECH PVT.LTD. provides Services through the Website as a marketplace and facilitates the Users to avail of diagnostic test/ packages facilities offered by Third Party Labs through the Website. MEMD HEALTHTECH PVT.LTD. / MEMD is not and shall not be responsible for any sample collected, tests conducted and reports generated by the Third Party Labs and do not deal with any of Third Party Labs’ client or patient managed by Third Party Labs through the Website and only provides facilitation Services to the Users through the Website. Use of the Website may require the Third Party Labs to use software and the Third Party Labs have to ensure the procurement of such software from the concerned providers. User and the Third Party Labs agree to use the Website and the materials provided therein only for purposes that are permitted by: (a) these Terms of Use; and (b) any applicable law(s), regulation, or generally accepted practices or guidelines in the relevant jurisdictions.

The Third-Party Labs may not access the Services if the Third-Party Labs are MEMD HEALTHTECH PVT.LTD. direct competitor, except with MEMD HEALTHTECH PVT.LTD. prior written consent. In addition, the Third Party Labs may not access the Services for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes.

 MEMD HEALTHTECH PVT.LTD. will provide to the Third Party Labs basic support for the Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Services available 24 (twenty-four) hours a day, 7 (seven) days a week, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond MEMD HEALTHTECH PVT.LTD. reasonable control, including without limitation Force Majeure Events (as defined herein below). MEMD HEALTHTECH PVT.LTD. will provide the Services only in accordance with applicable law(s) and government regulations.

  • The Services may be subject to certain limitations, such as limits on disk storage space, the number of calls Third-Party Labs are permitted to make against MEMD HEALTHTECH PVT.LTD. application programming interface, and, other limitations dependent on the Third-Party Labs plan, for example, a number of sms, or number of Users. Any such limitations are specified in the Third Party Labs’ plans. The Services provide real-time information to enable Third-Party Labs to monitor such Third Party Labs’ compliance with such limitations.
  • Notwithstanding anything to the contrary contained herein, Third-Party Labs alone shall be liable for Third Party Labs’ dealings and interaction with the Users who avail the services of the Third Party Labs or diagnostic centers contacted or managed through the Website and MEMD HEALTHTECH PVT.LTD. /shall have no liability or responsibility in this regard. MEMD HEALTHTECH PVT.LTD.  does not guarantee or make any representation with respect to the correctness, completeness, or accuracy of the information or details provided by such User, Third-Party Labs, or any diagnostic center or any third party through the Website. The Services should not be used for emergency appointment purposes.
  • Notwithstanding anything to the contrary contained herein, Third-Party Labs alone shall be liable for dealings and interaction with Users contacted or managed through the Website and MEMD HEALTHTECH PVT.LTD. shall have no liability or responsibility in this regard. MEMD HEALTHTECH PVT.LTD. does not guarantee or make any representation with respect to the correctness, completeness, or accuracy of the tests conducted and reports generated by the Third Party Labs.
  • MEMD HEALTHTECH PVT.LTD. may, at its sole discretion, suspend Third Party Labs or Users’ ability to use or access the Website at any time while MEMD HEALTHTECH PVT.LTD. investigates complaints or alleged violations of these Terms of Use, or for any other reason. MEMD HEALTHTECH PVT.LTD. has the right to edit profiles of Third Party Labs to make them more suitable for package searches on the Website. If Third-Party Labs and/ or Users find any wrong information on the Website in relation to such Third Party Labs and/ or User, they can correct it themselves or contact MEMD HEALTHTECH PVT.LTD. immediately for such corrections. MEMD HEALTHTECH PVT.LTD. shall have no liability or responsibility in this regard.

 Terms for use of the Online Doctor Consultancy Services:

 MEMD HEALTHTECH PVT.LTD. is an online health platform that provides a variety of online and online-linked health products and services to the Users for health-related information and resources. Whenever We use the words “Your physician” or “Your doctor” or “healthcare provider” or similar words on the Website, including in these Terms of Use, We mean Your personal doctor with whom You have an actual, mutually acknowledged doctor-patient relationship. MEMD HEALTHTECH PVT.LTD. Medical Experts are not “Your” physician or healthcare provider.

NO DOCTOR-PATIENT RELATIONSHIP: MEMD HEALTHTECH PVT.LTD. / MEMD does not replace Your relationship with a physician or healthcare provider. The information interpreted SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation, or care from Your physician or another qualified healthcare provider.

  1. You acknowledge that the Medical Experts impaneled with Us are independent contractors and thereby MEMD HEALTHTECH PVT.LTD. has an independent contractor relationship with such Medical Experts and therefore in no event MEMD HEALTHTECH PVT.LTD. will be directly or vicariously liable for any advice or medical consultancy or any loss arising therefrom that the Medical Experts may provide to You or You may avail as part of the Services.
  2. You acknowledge that the e-prescription which may be issued by the medical expert(s), in certain events, is not a valid prescription under applicable law(s) of India and may not be used for dispensation of medicines by any pharmacist including the Third Party Pharmacies. You further agree and acknowledge that if You request us to process the e-prescription or any form of prescription (whether the original or scanned copy of the original prescription) for the facilitation of medicine orders, then we will only act as an aggregator and assume no responsibility and/ or liability in relation to the dispensation of the medicines, which shall at all times be at your sole risk and the sole responsibility of the Third Party Pharmacies supplying the medicines to you.
  3. You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance and other material (collectively, “Information”) that is provided to You on the Website (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 doctor/medical professional-patient relationship but is provided to inform You on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on the Website should be used for information purposes only.
  4. MEMD HEALTHTECH PVT.LTD. is designed to support the health decisions and choices that You make. These decisions and choices are Yours, and We believe that You, in connection with the advice You receive from Your doctor or another professional healthcare provider, are the best decision maker about Your health. We cannot make decisions for you. However, what We can do is help You find good health information and connect with doctors for in-person information. On MEMD HEALTHTECH PVT.LTD. You can ask and find informational questions and related educational answers by Medical Experts. The Website is not a place for the practice of medicine, but Medical Experts on the Website can be a resource for reliable, relevant general health information.
  5. Even if Your real-life doctor is on MEMD HEALTHTECH PVT.LTD., personal medical advice, treatment, or diagnosis are not permitted through the Website, and by using the Website You agree not to solicit these or use any information as if it were personal advice, treatment, or diagnosis. Whenever You want personal medical advice, treatment, or diagnosis, You should contact Your physician or professional healthcare provider and see them in person.
  6. We do not recommend or endorse any specific Medical Expert(s), tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided on the Website is solely at Your own risk. In case of any medical emergency, kindly contact Your nearest doctor/hospital or any related helpline.
  7. The Services are not for use in medical emergencies or for critical health situations requiring prompt medical attention. The Services are not intended to be real-time and may not be the best solution when a face-to-face consultation is a must therefore We strongly discourage any delay in seeking advice from Your doctor on account of something that You may have heard/viewed on the Website. You take full responsibility for ensuring that the information submitted is accurate and MEMD HEALTHTECH PVT.LTD. shall not make any effort to validate any information provided by You for using the Services with respect to content, correctness, or usability. We, with an intention to provide the best services possible, could ask You to share more information as and when needed.
  8. The opinions, statements, answers, and teleconsultations (collectively “Consultation”) provided by the Medical Experts through the Website are solely the individual and independent opinions and statements of such Medical Experts and do not reflect the opinions of MEMD HEALTHTECH PVT.LTD., its affiliates or any other organizations or institutions to which such Medical Expert or such specialist or professional is affiliated or provides services. MEMD HEALTHTECH PVT.LTD. does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website or by a licensee of MEMD HEALTHTECH PVT.LTD.
  9. The inclusion of professionals, specialists, and/ or Medical Experts on the Website or in any professional directory on the Website does not imply recommendation or endorsement of such specialists and/ or Medical Experts nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any specialists and/ or Medical Experts contained therein. Such information is provided on an ‘as-is’ basis and MEMD HEALTHTECH PVT.LTD. disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
  10. MEMD HEALTHTECH PVT.LTD. (the owners and the employee staff of MEMD HEALTHTECH PVT.LTD. / MEMD), Medical Experts, and third-party professionals who offer the Services through the Website accept no responsibility for any medical, legal, or financial events or outcomes related to the Services availed through the use of the Website.
  11. MEMD HEALTHTECH PVT.LTD. makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error-free. This includes loss of data or any service interruption caused by MEMD HEALTHTECH PVT.LTD. employees. MEMD HEALTHTECH PVT.LTD. / MEMD is not responsible for transmission errors, or corruption of data.
  12. MEMD HEALTHTECH PVT.LTD. is for personal use and the Services are for individuals to use for supporting their personal health decisions. You may use the Website for personal, but not for commercial, purposes.
  13. The Website may not be used for illegal purposes. The Information and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Information and Services in any manner that could damage, disable, overburden, impair them, or interfere with any other person’s use and enjoyment. You may not attempt to gain unauthorized access to any Information or Services, other accounts, computer systems, or networks connected with the Website, the Information, or Services. You may not use any automated means (such as a scraper) to access the Website, the Information, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her MEMD HEALTHTECH PVT.LTD. profile/ account. Any attempt by any individual or entity to solicit login information of any other user or Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
  14. Your right to use the Services is not transferable.
  15. Notwithstanding anything to the contrary contained herein, You alone shall be liable for Your dealings and interaction with patients or Medical Experts (as the case may be) contacted or managed through the Website and MEMD HEALTHTECH PVT.LTD. shall have no liability or responsibility in this regard. MEMD HEALTHTECH PVT.LTD. does not guarantee or make any representation with respect to the correctness, completeness, or accuracy of the Information or detail provided by such client, patient, User, Medical Experts, or any third party through the Website. The Services should not be used for emergency appointment purposes.
  16. The exchanges between the Medical Experts and the patient through the chat window or over the telephone (as the case may be) and the e-prescription would be accessible to MEMD HEALTHTECH PVT.LTD. for the purposes of monitoring the quality of the consultation.
  17. MEMD HEALTHTECH PVT.LTD. may, at its sole discretion, suspend the User’s or Medical Expert’s ability to use or access the Website at any time while MEMD HEALTHTECH PVT.LTD. investigates complaints or alleged violations of these Terms of Use, or for any other reason. MEMD HEALTHTECH PVT.LTD. has the right to edit profiles of Medical Experts to make them more suitable for patient/User searches on the Website.
  18. The Services should not be depended upon and should not be treated as a replacement for obtaining consultation for diseases as the consultation provided through the Website is generic in the approach and shall not and cannot act as a substitute for physical consultation with a doctor. Also, the Consultations provided through the Website are not diagnostic in nature.

 

 Risks of using MEMD HEALTHTECH PVT.LTD.  Services

  • As with any medical procedure, there are potential risks associated with using the Services. By using the Services, You agree to abide by these Terms of Use, Privacy Policy, and risks described below. These risks include, but may not be limited to:
  • While the Website is an honest attempt to provide access to the best possible medical information to the Users, the Medical Experts will not be examining You physically. The Medical Experts may not have access to all or some of The medical history that might be critical to consult You. The Medical Experts will not have the benefit of information that would be obtained by examining You in person, observing Your physical condition, and going through Your medical records. This means that the Services provided are different from the diagnostic and treatment services typically decided by a physician. Therefore, the Medical Experts may not be aware of facts or information that would affect their opinion of Your diagnosis. To reduce the risk of this limitation, MEMD HEALTHTECH PVT.LTD. strongly encourages You to be in touch with an on-ground physician and share the MEMD HEALTHTECH PVT.LTD. opinion with him/her.
  • By requesting a medical opinion through the Website, You acknowledge and agree that:
  • the advice/information/opinion on diagnosis You may receive could be limited and provisional;
  • the medical opinion is not intended to replace a face-to-face visit with a physician and it does replace an actual doctor-patient relationship;
  • in case of a second opinion where there is a difference of opinion among Our Medical Experts and Your physician, You would bear the responsibility to decide on online or offline consultation, procedure, and/or treatment;
  • the Medical Expert is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void;
  • in some cases, the Medical Expert may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;
  • in rare cases, the Medical Experts may feel that the query may not be answerable without physically examining the patient/ Users and the Consultation may be refused forthwith;
  • in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and
  • delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in these Terms of Use.