These terms of use (“Terms and Conditions” or “Terms of Use” or “Terms”) mandate the terms regulating the user’s access, registration and use of the or mobile application MyMeddy (“Platform”) owned and operated by Arkonex Healthcare Pvt Ltd shall also allow its associates, group and subsidiary companies, together referred to as or “Company” or “We” or “Us” to use the Platform as per the requirements. The “User” or “You” refers to any person agreeing to these Terms and Conditions, by using, or accessing the Platform and the Services, or by clicking on the “I ACCEPT” option available on the Platform. 

THESE WEBSITE TERMS IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

These Terms and Conditions are for using this Platform and the Services offered on the Platform, availing of the Services, payments for transactions on or off the Platform, and other transactions on or off the Platform. This Platform is owned by the Company and any reproduction in any manner whatsoever is strictly prohibited.

All the Terms and Conditions applicable to the User are equally applicable and binding on its beneficiaries. By using this Platform, you acknowledge that you agree that you have read, understood, and agree to be bound by the Terms and Conditions, as updated from time to time, and acknowledge that you have read and understood the contents of our Privacy Policy shall constitute an Agreement between the individual using the Service and the Company, as updated from time to time. Upon acceptance, these Terms and Conditions will constitute a legal, valid, binding Agreement between the User and the Company.

Your access to and use of the Services is expressly conditioned on your acceptance to and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Services provided by the Company via this Platform or otherwise.

1. SERVICES 

The Company is engaged in the provision of the following services (“Services”) to the User through its Platform:          

1. Pick-up and delivery of medication, medical equipment, etc. from the chosen pharmacy to the user (“Pharmacy Services”) 
2. Collection of User’s sample of blood or urine and delivery to the chosen laboratory for testing (“Lab Services”)
3. Provision of simple medical procedures including but not limited to administering injection(s), conducting simple medical investigations on the User, checking of blood pressure and blood sugar of the User and/or any other medical care/services required by the User (“Nursing Services”)
4. Facilitating the fixing of an appointment for the User with any chosen diagnostic centre for the rendering of the chosen diagnostic testing services (“Diagnostic Services”)
5. Facilitating the fixing of an appointment for the personnel of the chosen diagnostic centre for the rendering of the chosen diagnostic services at the premises of the User (“Remote Diagnostic Services”)

2. ELIGIBILITY OF USER

• Any use of this Platform is available only to persons who can legally contract under Indian Contract Act, 1872. Any and all persons below the age of eighteen (18) years, un-discharged insolvents etc., are advised to transact through their parents or legal guardian.
• In the event, it is brought to our notice that the Platform is accessed by anyone not eligible by law, we reserve the right to terminate such membership or prevent such access. It is agreed that User shall be the point of contacts for the Company for all matters relating to the Services offered on the Platform.
• The User undertakes to provide all material information for purposes of availing Services from the Company. The Company shall assume that the information submitted by the User at any time through the Platform or through other channels is factually accurate and updated at all times. Any failure or omission on part of the User in rendering true facts or disclosing material facts shall result in immediate cancellation of the Service. The User shall be responsible to the Service provider for any loss incurred due to the said default and the Company shall not be held responsible for the same at any point in time.

3. LICENCE PERMISSIONS AND RESTRICTIONS

1. You must be a registered member to access to avail the Services through the Platform. Subject to the acceptance of these Terms of Use, the Company grants to User a non-exclusive, non-transferable, non-sublicensable, terms based, revocable, limited licence to access and use the Platform and receive the Services within the territory of India. All rights, not expressly mentioned herein are reserved by Company. The Platform and the Services are licensed and not sold or assigned. The licence may be withdrawn and revoked at the sole discretion of the Company without any liability or reason and with or without any requirement for notice to the User. 
The User hereby agrees that it will not itself, or through any parent, subsidiary, affiliate or any other third party: 

• sell, lease, licence, sublicense, encumber or otherwise deal with any portion of the Platform;
• decompile, disassemble, or reverse engineer any portion of the Platform;
• reproduce the Platform or design or create any derivative work based on the Platform or any confidential information provided by Company;
• remove or modify any copyright notices or circumvent any security features incorporated in the Platform; and/or
• provide, disclose, divulge or make available, or permit use of, the Platform by persons other than User or User's employees whatsoever. 

2. It is hereby clarified that the Company and these Terms of Use are in compliance with and is governed by the applicable laws of India as may be amended from time to time, including but not limited to:

• The Drugs and Cosmetic Act, 1940, read with the Drugs and Cosmetics Rules, 1945;
• The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954;
• The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957 
• The Indian Nursing Council Act, 1947 and its Rules
• Pharmacy Act, 1948
• The Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020.

3. It is further clarified that the Company does not sell any drugs listed in Schedule X of the Drugs and Cosmetics Act, 1940, on the Platform.

4. All the Parties to this Terms of Use shall ensure that they shall at all times ensure compliance with applicable provisions of all the applicable laws of the land, including but not limited to Contract Act 1972, Information Technology Act 2000 and its rules, The Drugs and Cosmetic Act, 1940, read with the Drugs and Cosmetics Rules, 1945, The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957, The Indian Nursing Council Act, 1947 and its Rules, and the Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020.

4. REGISTRATION OF ACCOUNT 

When User is creating an account on the Platform (“Account”), the User must provide and ensure the accuracy and completion of information, and the User shall ensure that such information is kept up to date. User shall be solely responsible towards the activities that may occur on User account and User must keep such account password secure. Company always encourages the usage of strong passwords which are alphanumeric and with special characters. User has the sole obligation of notifying the Company of any breach of security or unauthorised access or use of the account immediately. Company will in no manner be liable for any losses caused by any unauthorised use of your account. If the User wishes to delete their Account, You can do so at any point of time by writing to help@mymeddy.com or by contacting the Company’s customer care through the phone number listed on the Platform.

5. USE OF SERVICES 

1. Pharmacy Services 

1. User Obligations

The User hereby agrees and undertakes that they shall comply with the following in availing the Pharmacy Services through the Platform:

• The Platform can be used by the Users to purchase various drugs and pharmaceutical products (“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 Platform by Pharmacy. In order to purchase Prescription Drugs through the Platform, You are required to upload a scanned copy of the valid prescription on the Platform. The order would not be processed and forwarded to the concerned Pharmacy by the Company until it receives a copy of a valid prescription. The Pharmacy shall 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 ensure that it is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the www.mrmed.in, its affiliates or other third party service providers as a result of any dispensation of prescription drugs owing to the non-compliance by the User in this regard. The Company shall at all times retain the right to, upon its discretion, shall cancel any order if the same is in violation of any of the acts or rules pertaining to online sale of Prescription Drugs. 
• The User shall provide a copy of any Indian identity proof including but not limited to Aadhar Card, PAN card, driver’s license, etc. (“ID Proof”) matching the name on the prescription uploaded on the Platform for verification at the time of delivery of the Products to the User; 
• The User hereby agrees and confirms that at the time of delivery, the Company’s partner may take a photograph of the User’s ID Proof solely for the purpose of uploading the same to the Platform for the Company’s verification and records; 
• The User shall not in any manner whatsoever upload or attempt to upload an inauthentic or invalid prescription including but not limited to an expired prescription, forged prescription, a third party’s prescription, etc. on the Platform;
• The User hereby acknowledges and confirms that it shall not misbehave, act inappropriately or in contravention to any applicable laws to offend or cause any mental or bodily harm or injury to the Company’s partner delivering the Products to the User.

2. Products 

Through the Platform, the Company facilitates the purchase of drugs and other pharmaceutical products (“Products”) by third party pharmacies (‘Pharmacy”). 

• You understand and agree that the Company and the Platform merely provide hosting services to You and persons browsing / visiting the Platform. All items offered for sale on the Platform, and the content made available by any Pharmacy, are third party user generated contents and third-party products. The Company has no control over such third-party user generated contents and/ Products 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 Products made available by the Pharmacy through the Platform shall be the sole responsibility of the Pharmacy. You hereby confirm that You understand and agree that the Company shall have no liability with respect to the authenticity and/or performance of the Products being facilitated through the Platform.
• The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Products offered for sale by the Pharmacy are as provided by the Pharmacy. The Company does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between You and the Pharmacy. The Company does not make any representation or warranty as to legal title of the Products offered for sale by the Pharmacy on the Platform.
• The Company is not responsible or liable in any manner for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Pharmacy for purchase and sale of the Products offered on the Platform.
• The Pharmacy is solely responsible for ensuring that the Products offered for sale on the Platform are kept in stock for successful fulfilment of orders received. Consequently, the Company is not responsible if the Pharmacy does not satisfy the contract for sale of Products which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Platform at the time of placement of order by You.

2. Lab Services 

1. User Obligations 

The User shall ensure compliance of the following obligations in availing the Services through the Platform: 

• The User shall remain in strict compliance with any instructions provided by the Company through the Platform prior to the collection of the blood or urine sample (“Sample”) of the User, including but not limited to fasting, consuming food or water, etc. In the event that such instructions are not complied with, the Company’s partner may refuse collection of the Sample from the User;
• The User shall provide a copy of any Indian ID Proof to the Company’s partner at the time of their arrival to the User’s location;
• The User hereby agrees and confirms that the Company’s partner may take a photograph of the User’s ID Proof solely for the purpose of uploading the same to the Platform for the Company’s verification and records prior to the collection of the Sample; 
• The User hereby acknowledges and confirms that it shall not misbehave, act inappropriately or in contravention to any applicable laws to offend or cause any mental or bodily harm or injury to the Company’s partner collecting the Sample of the User.

2. Lab Testing and Results 

• The User hereby acknowledges and agrees that the respective lab chosen by the User on the Platform (“Lab”) shall be solely liable and responsible for the testing of the Sample and the Company shall in no way be liable or responsible for the same. 
• The User hereby acknowledges and agrees that the respective Lab shall be solely liable and responsible for the provision of the results of the testing performed on the Sample (“Lab Results”) to the User through the User’s registered email ID provided on the Platform. 
• The User hereby acknowledges and agrees that the Company shall in no way be responsible or liable for the Lab Results conveyed to the User. The Company shall in no way be liable for performance of the testing on the Sample and/or the accuracy of the Lab Results provided to the User therein. Any discrepancy, error or inaccuracy of any kind, including but not limited to provision of wrong report or performance of wrong test, shall be the sole liability of the Lab and the Company shall bear no liability in the same whatsoever. 

3. Nursing Services 

1. User Obligations 

The User shall ensure compliance of the following obligations in availing the Services through the Platform: 

• The User shall provide a copy of any Indian ID Proof to the Company’s partner at the time of their arrival to the User’s location;
• The User hereby agrees and confirms that the Company’s partner may take a photograph of the User’s ID Proof solely for the purpose of uploading the same to the Platform for the Company’s verification and records prior to the provision of the Nursing Services; 
• The User hereby acknowledges and confirms that it shall not misbehave, act inappropriately or in contravention to any applicable laws to offend or cause any mental or bodily harm or injury to the Company’s partner performing the Nursing Services (“Nurse”).

2. The User hereby acknowledges and agrees that the Company shall not be responsible or liable in any manner for the performance of the Nursing Services. The Nurse shall be solely liable for any form of mental or physical harm or injury sustained by the User in the attributable to the Nurse in the course of performance of the Nursing Services and any and all claims arising out of the same shall be between the Nurse and the User and the Company shall not be a party to the same.

4. Remote Diagnostic Services and Diagnostic Services

• The Company provides the Diagnostic Services through the Platform and acts as a marketplace and facilitates the Users to avail diagnostic test/ packages facilities offered by third party diagnostic centres (“Diagnostic Centres”) through the Platform. 
• The User may book an appointment for seeking the diagnostic tests and packages offered by the Company on the Platform. You may book diagnostic test(s) and package(s) on the Platform and visit the chosen Diagnostic Centre and/or opt for the Remote Diagnostic Services for diagnostic testing as chosen by the User on the Platform. 
• The User hereby undertakes that it shall remain in strict compliance with any instructions provided by the Company through the Platform prior to visiting the Diagnostic Centre, including but not limited to fasting, consuming food or water, etc. 
• In the case of Remote Diagnostic Services, the User hereby acknowledges and confirms that it shall not misbehave, act inappropriately or in contravention to any applicable laws to offend or cause any mental or bodily harm or injury to the Diagnostic Centre personnel performing the Remote Diagnostic Services.
• The Company is not and shall not be responsible for any sample collected, tests conducted and reports generated by the Diagnostic Centre and only provides facilitation Diagnostic Services to the Users through the Platform.
• Notwithstanding anything to the contrary contained herein, Diagnostic Centre alone shall be liable for its and its personnel’s dealings and interaction with the Users who avail the services of the Diagnostic Centres contacted or managed through the Platform and the Company shall have no liability or responsibility in this regard. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Diagnostic Centre, its personnel or any third party through the Platform.
• The Diagnostic Centre alone shall be liable for dealings and interaction with Users contacted or managed through the Platform and the Company shall have no liability or responsibility in this regard. The Company 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.
• The Company shall not in any manner be liable or responsible for conveying the results of such diagnostic testing (“Diagnostic Results”) and the same shall be provided by the Diagnostic Centre to the User via email within such time period as indicated on the Platform. The Company shall not be liable or responsible for the manner of conduction of the diagnostic testing, any mental/physical injury or harm sustained to the User, accuracy of the Diagnostic Results and/or any other actions attributable to the Diagnostic Centre and/or its personnel and any claims arising out the same shall lie solely between the Diagnostic Centre and the User and the Company shall not be a party. 

6. PAYMENT 

• Registration on the Platform and the access to the information provided on the Platform is free. The Company does not charge any fee for accessing, browsing and buying through the Platform. The User shall make payment in accordance with the rates detailed for the Services on the Platform. The User hereby agrees and acknowledges that it shall not hold the Company responsible for any loss or damage caused to the Use during the process, due to any acts or omission on the part of third parties including but not limited to Pharmacy, Lab, Diagnostic Centre and/or third party payment gateway provider for any actions/ omissions which are beyond the control of the Company.
• The User is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. The Company is in no way responsible for any of the taxes except for its own income tax.

7. COMPLAINTS AND RATING

1. Complaints by User 

• The User shall record any complaint, grievance or issue with the provision of the Services (“User Complaint”) through the Platform in accordance with the instructions provided therein. 
• Based on the contents of such User Complaint, the Company shall in its sole discretion shall decide on the manner of resolution of the User Complaint and direct the concerned partners, Nurses, Labs, Diagnostic Centres, Pharmacies, etc. (“Third Party Service Providers”) on the same, to the satisfaction of the Company. 
• Any Complaint related to return of any Product and/or refund of payment made shall be resolved in accordance with the Returns, Refund and Cancellation Policy on the Platform.
• Any cancellation by the User shall be made in line with the aforementioned Returns, Refund and Policy.  
• The User shall read and accept the terms of the Returns, Refunds and Cancellation Policy and shall only be able to avail the Services following acceptance of the same.

2. Complaints against User 

• The Platform allows the Third Party Services Providers to register their complaints, grievances or issues relating to the User (“Vendor Complaints”)
• Such Vendor Complaints shall be resolved by the Company in its sole discretion which may include without limitation suspension, termination or deletion of the User’s Account and/or access to the Platform.

3. Rating

• The Platform offers the User’s a facility to rate the Third Party Service Providers providing the Services to the User on a scale of one of five stars. The User may provide such rating on the basis of their experience with the provision of the Services through the Platform.

8. TERMINATION OF ACCOUNT 

• The User shall exercise the right to terminate their account with Company at any time by contacting us at info@mymeddy.com
• The Company reserves the right to terminate the User’s account at any time for the violation of these Terms of Use and/or Privacy Policy and/or any other reason as determined in the sole discretion of the Company. Such termination shall be without any liability to the Company. Comapny reserves the right to refuse to provide or stop providing all or part of the Services to the User (including terminating or disabling your Account and/or access to the Platform) in the event of any violation of these Terms of Use, Privacy Policy, infringement other people's intellectual property rights, or any other reason as determined in the Company’s sole discretion. In the event that the User deletes or the Company disables the User’s Account, these Terms of Use shall terminate between the Parties.

9. LIMITATION OF LIABILITY

• The Company shall not be liable to the User for any loss or damage from availing the Services either from the Company or from any Third Party Service Provider.
• The User hereby explicitly agrees that any fault or negligence or any default or deficiency in rendering the Services, including but not limited to any third party payment gateway available on the Platform for payment and the same shall not be attributed to the Company. 
• The User agrees that any default or deficiency in rendering the Services by the Third Party Service Providers shall not be attributed in any manner whatsoever to the Company.
• The Company shall not be liable for breach of terms and conditions on account of any delay in performing, or any failure to perform, if the delay or failure was due to any cause beyond the Company’s reasonable control and/or attributable to the acts and/or omissions of Company.
• IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE USER FOR (WITHOUT LIMITAION) INABILITY TO USE, THE PLATFORM AND/OR ANY CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, THE SERVICES, ACCESS AND/OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE AND/OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, NEGLIGENCE.
• IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE COMPANY, FOR ALL CLAIMS ARISING OUT OF OR UNDER THESE TERMS AND CONDITIONS, EXCEED THE AMOUNT THAT THE USER HAS PAID IN ACCORDANCE WITH THESE TERMS AND CONDITIONS AND/OR NO AMOUNT EXCEEDING THE VALUE OF THE ORDER RELATING TO WHICH SUCH CLAIM ARISES.

10. INDEMNITY

• The User hereby explicitly agrees that only they shall be personally responsible for your use of the Service, and agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the Company Entities) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees and costs, arising out of or in any way related to (without limitation) (i) your access to, use of or alleged use of the Service; (ii) your violation of the Terms of Use or any representation, warranty, or agreements referenced herein; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) any claim or allegation of a third party that the Company has referred to you, to the extent based on any actual or alleged act or omission on your part or behalf, or any other claim or allegation arising as a result of such referral; (v) any disputes or issues between you and any third party; (vii) any wilful misconduct or negligence of the User; and (vii) any violation of any applicable law. 
• The Company reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim. The User will not, in any event, settle any claim or matter without our written consent.
• The User hereby expressly releases the Company and/or its affiliates and/or any of its staff and/or employee and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the third-party service provider and specifically waiver any claims or demands that User may have in this behalf under any statute, agreement or otherwise.

11. CONFIDENTIALITY 

• The Parties hereby agree to hold each other’s proprietary or confidential information (whether in oral/physical/digital or any other form) in the strictest confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral Agreements, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information shared by the Parties following the User’s acceptance of these Terms and shall subsist for a period of 12 months following the termination of these Terms of Use. 

12. INTELLECTUAL PROPERTY RIGHTS 

• All rights and title to all the intellectual property contained within the Platform including without limitation all its constituents, content, text, images, artistic work, computer programme, specifications, instructions, abstracts, summaries, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, artist profiles, illustrations, contests, and all other elements, data, information and materials (“Intellectual Property”) shall belong solely and absolutely to the Company. The Platform is protected by all prevailing copyright, trademarks, patents, trade secret and/or other relevant intellectual property laws of the land. 
• No information, content or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. The User is hereby given a limited license to use the Platform for the User’s personal and non-commercial use, subject to the User’s acceptance of these Terms. The User hereby agrees not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Platform.
• Nothing on this Platform or your use of the Services shall be construed as conferring on the User or any party, any licence or other rights under the Intellectual Property or other proprietary rights of the Company, its affiliates or any third party, whether implied or otherwise.
• The User shall not use any of the Marks as own marks or as part of own marks or in any manner which is likely to cause confusion or to identify your own products or Services or to imply endorsement or otherwise of products or Services to which they do not relate or in any manner which may cause damage to the reputation of the Company and/or its affiliates and/or associates. The User shall not create or use any other mark that is deceptively similar to the Marks, be it for Your own use or for the use of any third party. Any commercial use of any elements or information on Platform, directly or otherwise, is strictly prohibited unless express written permission is obtained in advance. The Company shall not be responsible for claims relating to infringement of any intellectual property rights in relation to the Service(s) and/or their Intellectual Property.

13. DISCLAIMERS

• THE USER AGREES AND UNDERSTANDS THAT THE PLATFORM IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR THE INFORMATION AND INTELLCTUAL PROPERTY INCLUDED ON THE PLATFORM. THE USER HERBEY EXPRESSLY AGREES THAT USER’S USE OF THE PLATFORM IS AT YOUR SOLE RISK.
• TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
• ALL INTERACTION, COMMUNICATION, DEALING, OR TRANSACTION BETWEEN THE USERS AND THE THIRD-PARTY PROVIDER IN RESPECT OF ANY SERVICES OFFERED BY THE THIRD-PARTY SERVICE PROVIDER IS A SEPARATE AND INDEPENDENT TRANSACTION BETWEEN THE USER AND SUCH THIRD-PARTY PROVIDER WITHOUT ANY LIABILITY ACCRUING TO OR ON THE COMPANY FOR ANY MATTERS ARISING OUT OF OR IN RELATION TO THE SAME. THE USER EXPRESSLY AGREES AND ACKNOWLEDGES TO HOLD HARMLESS THE COMPANY IN RESPECT OF ANY COST, CLAIMS, DAMAGE, LOSS OR EXPENSES ACCRUED, SUFFERED, INCURRED BY US OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USER AND THIRD-PARTY PROVIDERS THROUGH THE PLATFORM. THE USER ACKNOWLEDGES THAT THE COMPANY DOES NOT HAVE ANY CONTROL OVER SUCH DEALINGS AND TRANSACTIONS AND PLAYS NO DETERMINATIVE ROLE IN THE PERFORMANCE IN RESPECT OF THE SAME AND THE COMPANY SHALL NOT BE LIABLE FOR THE OUTCOMES OF SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USERS AND THE THIRD-PARTY SERVICE PROVIDERS.
• THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR  SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY PROVIDER IN ANY MANNER AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN THE USER AND SUCH PARTY PROVIDER. AS WITH THE PURCHASE OF ANY SERVICE THROUGH ANY MEDIUM THROUGH SUCH THIRD-PARTY PROVIDER, THE USER SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

14. WAIVER

• If the Company fails to insist upon strict performance of your obligations under any of these Terms and Conditions, or if it fails to exercise any of the rights or remedies to which it is entitled under this Agreement, it will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by the Company of any default will constitute a waiver of any subsequent default, and no waiver by the Company of any of these Terms of Use will be effective unless it is expressly stated to be a waiver and is communicated in writing.

15. FORCE MAJEURE 

• The Company shall not liable for any losses, and/or breaches caused under these Terms of Use due to occurrence of any force majeure event. Force Majeure Event shall mean any event, or a series of related events, that is outside the reasonable control of the party affected (including without limitation failures of the internet or any public telecommunications network, failures of the Company’s hosting provider, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks, Pandemic, Epidemic, Central & State Government orders, and its impact and wars)

16. ASSIGNMENT 

• The User hereby agrees that the Company may transfer, subcontract or otherwise deal with the Company’s rights and/or obligations under this Agreement at any time without any further notice to the User. The User hereby agrees that it cannot assign or otherwise transfer, subcontract the terms or any rights granted hereunder to any third party in any manner whatsoever.

17. ENTIRE AGREEMENT

• This Terms of Use, together with the other guidelines, rules, terms, conditions and/or policies of the Platform, including the Privacy Policy and Returns, Refunds and Cancellation Policy and any other arrangement/agreement in relation the Services, constitute the entire agreement between the User and the Company and shall supersede all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the User and the Company pertaining to the subject matter hereof.

18. SURVIVAL 

• Notwithstanding the termination or rescission of this Terms of Use, the provisions of this Terms of Use shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Confidentiality, Limitation of Liability, Indemnity, Intellectual Property, Dispute Resolution, Governing Law and Jurisdiction. Further any provisions of this Terms of Use which by implication are to survive the termination of this Terms of Use shall survive such termination. Termination of the Terms of Use shall not abate the causes of action that have accrued to the Parties prior to such termination.

19. AMENDMENT AND SEVERABILITY

• The Company reserves its rights to amend these Terms and Conditions from time to time. By continuing to access or use the Service after we have posted or emailed any such modifications, the User agrees to be bound by the modified Terms of Use, but solely on a going forward basis. All the amendments made to this Terms of Use in future shall be read as part of this Terms of Use unless otherwise intended.
• If any clause of this Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Terms of Use will remain in full force and effect.

20. GOVERNING LAW AND DISPUTE RESOLUTION

• This Terms of Use shall be governed, interpreted, and construed in accordance with the laws of India, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or in relation to these Terms.
• Notwithstanding the foregoing, you agree that (i) the Company has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in Chennai, India.
• All disputes arising between the Parties as to the interpretation, operation, or effect of any clause in this Terms of Use or any other differences between the Parties, which cannot be mutually resolved, shall be referred to the arbitration. The arbitration panel shall consist of a single arbitrator appointed mutually by the Parties and the venue of arbitration shall be at Chennai, India. The language of arbitration shall be in the English language. The decision of the arbitrator shall be binding on the parties. The arbitration shall be governed by the provisions of Arbitration and Conciliation Act, 1996 and all amendments enacted therein.

21. SUPPORT

• If the User has any queries with respect to the Services and/or the Platform, then address it may address an e-mail with such queries to info@mymeddy.com .

22. GRIEVANCE OFFICER

• If the User has any grievances regarding the use of the personal information provided by the User under this Terms of Use or with respect to processing of such information, or any other complaints in relation to the Services offered on the Platform, please address your grievance to Grievance Officer admin@mymeddy.com .
• The Grievance Officer is identified above pursuant to the provisions of applicable laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the rules enacted under those laws.