MediAngelsTM offers and plans to offer a variety of online products and services including internet/telephone/ email based and webcam-enabled consultations with medical professionals along with a supporting Consumer service - collectively referred to as the 'Service'. By using the Service in any form, you, the 'Consumer' are agreeing to comply with applicable laws, governed and interpreted by the state of Maharashtra, India and the following terms and conditions:
Using the MediAngels website
The MediAngelsTM Services are not for use in medical emergencies or situations requiring prompt medical attention. IN EVENT OF A MEDICAL EMERGENCY OR A CRITICAL HEALTH SITUATION, PLEASE CALL or DIAL YOUR EMERGENCY MEDICAL SERVICE PROVIDER, IMMEDIATELY.
MediAngelsTM requires that its agreements be made with persons who are legally qualified to enter into a contract. Thus, as a MediAngelsTM Consumer, you must be over eighteen (18) years of age. In the case of minor Consumers (under eighteen (18) years), a parent or guardian must accept this Agreement and guide all consultations under the services offered. The parent or guardian assumes full responsibility for ensuring that the authenticated information is kept secure and that the information submitted is accurate.
Right to Modify Terms of Service
MediAngelsTM reserves the right to modify the Terms of Service periodically, for any reason, and without notice. Please review this Agreement often so that you are apprised of any changes made to this page. The Consumer agrees that, during the period of this Agreement, we may revise the Terms and Conditions, and change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on release of the revised Agreement or change to the Service(s) on our website. Unless we expressly notify otherwise, these terms incorporate and supersede any other terms associated with the Services.
MediAngelsTM has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions stated herein, without prior notice or warning.
Scope of Services
MediAngelsTM makes no warranty with regard to the content of any treatment response. You and your physician are solely responsible for all information and/or communication shared during a consultation. MediAngelsTM does not guarantee that a web-based consultation, tele-consultation or video consultation is the appropriate course of treatment for your particular health problem. You agree to contact your primary care physician immediately should your condition change or your symptoms worsen. If you require urgent care, you agree to contact your local emergency services immediately. The Services are offered on an "as is" basis and used by the Consumer solely at his or her own risk. All information provided by the Consumer in connection with the Services shall be used to provide services and features to the Consumer. MediAngelsTM shall make no effort to validate any
Right to Operational Functionality
MediAngels ™ reserves complete and sole discretion with respect to the operation of the MediAngels ™ Services. MediAngels ™ may, among other things withdraw, suspend or discontinue any functionality or feature of the MediAngels ™ Services.
Maintaining the Electronic Medical Record
Supplementary Communication and its Limitations
MediAngels ™ may send you newsletters and other information regarding common medical and health-related topics or preventive care messages containing specific medical and health related information, links to other related websites and specific questions related to your MediAngels ™ Record. Additionally, MediAngels ™ makes available self-care informational services that provide general, medical and health information. These communications and resources are not comprehensive medical text and do not include complete potential information pertaining to the subject matter. These communications and resources are solely meant for general, educational and informational purposes and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or construed, directly or indirectly as the practice of medicine or dispensing of medical services by MediAngels ™. Such information is not a substitute for consulting an appropriate healthcare professional for medical treatment. The information contained in these communications and resources is compiled from a variety of sources and may or may not be authored by MediAngels™. MediAngels ™ makes no warranty with respect to the content of these materials or the information contained therein.
Record of Consumer Information
As part of the signing up process, you are required to provide us with certain information. Additionally, it is the Consumer’s responsibility to update MediAngels™, as promptly as possible with any changes in the information so that all records are current, complete and accurate. At any given time, you may be notified that time-sensitive information such as medical information, diagnosis, lab results, etc may need to be reviewed. Such a notification of urgent information review will be sent to the e-mail address provided by you in the records. Please keep this in mind when determining which e-mail address you offer as a contact point. You are obliged to furnish the following information:
- Changes in e-mail address
- Change of address
- Change of phone number
- Change of ownership of account, etc.
Etiquette and Privacy
Use of services
As Consumer, you agree that your use of our Services is solely at your own risk. You agree that such service(s) is/are provided on an "as is" and "as available" basis. MediAngels ™ expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. MediAngels ™ 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 resulting from delays or any service interruption caused by MediAngels ™ employees. MediAngels ™ is not responsible for transmission errors, corruption or compromise of data caused while sharing it through local, internet or telecommunication carriers.
Service Reliability and Warranties
MediAngels ™ makes no warranties or representations of any kind, express or implied, for the Services. Consumer’s use of MediAngels ™ Services is at his or her sole risk. Neither MediAngels ™, its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that MediAngels ™ Services will not be interrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the MediAngels ™ Services, unless otherwise expressly stated in this Agreement. MediAngels ™ also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Consumer, or viewers and Consumers of the Consumer's materials, including loss of data resulting from delays, non-delivery or service interruptions by any cause of errors or omissions of MediAngels ™. Use of any information obtained by way of MediAngels ™ is at the Consumer's own risk, and MediAngels ™ specifically denies any responsibility for the accuracy or quality of information obtained through its services.
You acknowledge that your use of the MediAngels™ Services is solely at your own risk, and that you assume full responsibility for all risks associated therewith. All information, products or services contained on or provided through this website are provided "as is", without any warranty of any kind, express or implied, to the fullest extent permissible under applicable law. MediAngels™ and its shareholders, affiliates, directors, officers, managers, employees or other representatives (collectively, "affiliates") hereby disclaim all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement and freedom from computer virus strains. Without limiting the foregoing, MediAngels™ and its affiliates make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the MediAngels™ products and services provided hereunder.
MediAngels™ makes no representations or warranties about: the satisfaction of government regulations requiring disclosure of information on prescription drug products, or any treatment, action or application or preparation of medication based on information offered or provided through the MediAngels™ Services. Please consult your physician for a formal prescription before using any of the suggested drugs/medications.
MediAngels ™ will take all necessary precautions to protect itself against failure of our equipment and our software. The Consumer acknowledges and agrees that temporary interruptions in service may occur, and that MediAngels ™ shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Consumer acknowledges and agrees that data may be lost or corrupted in connection with use of the Services. MediAngels ™ may perform regular back-ups of all data stored, but shall have no liability to the Consumer in the event all data is lost or destroyed. The Consumer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the services.
Protection of Proprietary Information of MediAngels ™
Grant of Temporary License Use
You agree that the Services, which include all software and documentation, both electronic and printed media, contain copyrighted material, trade secrets, patent related material and other proprietary intellectual property and are the proprietary property of Angels Health Pvt Ltd. They are protected by copyright, trade secret, patent laws and other proprietary rights and laws, and they may only be used or accessed as specifically provided for, in this Agreement.
You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse-engineer, reverse-assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on it or in any manner commercially exploit the Services in whole or in part. You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections or the terms of this Agreement will be prosecuted to the fullest extent possible under the law in the courts located in Mumbai. The final choice of whether the Consumer is in violation of any of these policies is at the sole discretion of MediAngels ™.
Only for the duration of being logged into the Consumer's valid MediAngels ™ account, the Consumer is hereby granted a non-exclusive, non-transferable temporary license, subject to the terms and qualifications of this Agreement. A valid MediAngels ™ account may only be created and maintained by a Consumer who fully provides valid personal information about the Consumer (himself) in the signup process. To maintain a valid account, the Consumer must regularly update such information to assure its accuracy, and the Consumer must always comply with the terms of this Agreement. The Consumer is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
Comments, Suggestions and Submissions
MediAngels ™ welcomes comments, suggestions and submissions by its Consumers. Any comments, suggestions and submissions made by the Consumers, including but not limited to messages, notes, feedback, artwork, communications, computer code or creative materials provided to MediAngels ™ shall become the exclusive property of MediAngels ™. At the time the comment, suggestion, and/or submission is made it shall act as a full assignment to MediAngels ™ of all rights whatsoever (copyright, patentability, and intellectual property). MediAngels ™ shall have the right to use the said comment, suggestion, and/or submission as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution and the like without any compensation to the Consumer. This section shall not include any personal information submitted by the Consumer that would be included as part of the Health Information Portability and Accountability Act (HIPAA) of 1996, enacted by the U.S. Congress.
The Consumer agrees to release, indemnify, and hold MediAngels ™, its contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, fees of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation, infringement by you or someone else using the service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the Service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the Terms and Conditions contained in the Acceptable Use Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your agreement and may result in deactivation of your service(s) with immediate effect. The Consumer shall defend, indemnify, save and hold MediAngels ™ including (its agents, its clients, its servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against them, that may arise or result from the Consumer’s violation of any of the Terms and Conditions stated herein. The Consumer shall defend, indemnify and hold harmless MediAngels ™ including (its agents, its clients, its servants, officers, directors and employees) against any and all Liabilities caused directly or indirectly by the Consumer or any person whom the Consumer allows to access the Services. Under no circumstances, including negligence, shall MediAngels ™ including ( its agents, its clients, its servants, officers, directors and employees) or anyone else involved in creating, producing or distributing MediAngels ™ Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use MediAngels ™ Services, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to MediAngels ™ records, programs or services. This paragraph shall apply to all content and functionality of MediAngels ™ Services. Notwithstanding the above, the Consumer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort, including negligence or otherwise, shall not exceed the aggregate dollar amount which the Consumer paid directly to MediAngels ™ during the current month. Such limitations shall apply to MediAngels™ total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. In no event shall MediAngels™ nor any of its affiliates be liable for any direct damages in excess of the purchase price for the product. In addition, to the maximum extent permitted by law, in no event shall MediAngels™ nor any of its affiliates be liable for any special, punitive, indirect, incidental or consequential damages, including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, this website or any service offered through this website or any material or information contained in, accessed through, or products purchased on this website, even if an authorized representative of MediAngels™ is advised of the likelihood or possibility of the same. To the extent certain jurisdictions restrict any of the above limitations of liability, such limitations shall not apply in such jurisdictions to the extent of such restrictions.
Third Party Protection
The indemnification and disclaimers provisions set forth above are for the benefit of MediAngels ™ and its affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you, the Consumer on its own behalf.
Non-transferable right to use the Services
The Consumer agrees to pay an annual membership fee and consultation fee, pursuant to the schedule of memberships and fees set forth on the MediAngels ™ website. As further consideration for the services, the Consumer agrees to provide certain current, complete and accurate information about him or her as required by the sign-up for cervices and maintain and update this information as needed, to keep it as current, complete and accurate as possible. By completing and submitting the sign-up form, the Consumer represents that the statements in his or her application are true and accurate. The Consumer agrees that any unpaid balance due hereunder shall attract interest at the rate of 30 % per annum and that costs of collection, including court costs and reasonable attorney fees shall be added as principal amounts to such balance. MediAngels ™ reserves the right to modify its pricing structure at any time and implement the new price structure at any time prior to billing the Consumer for his or her initial payment or for future payments that are due pursuant to this Agreement.
The Consumer understands and agrees that all consultations cancelled with less than 12 hours notice will be charged the full consultation amount, said amount to be as set forth on the MediAngels ™ website.
The calendar as seen on the MediAngels ™ website is based on Greenwich Mean Time (G.M.T.). If a Consumer is outside of the GMT time zone, it is that Consumer’s responsibility, at the time of scheduling and at the time of attendance of their consultation, to accommodate for this difference. MediAngels™ will not refund or reschedule appointments based on an error made by the Consumer regarding this issue.
Chargeback / Refund Policy
MediAngels ™ will not, under any circumstances, issue cash refunds or credits for early contract cancellation or refund payment for any consultation, once charged. If the Consumer has a question about charges made to your account, he or she should contact us immediately. If the charges were made in error, we will immediately credit the account or credit card account for the appropriate or corresponding amount. MediAngels ™ has a zero-tolerance policy for chargebacks. Any Consumer who disputes a credit card payment that is found to be valid is subject to a fine, suspension and account termination subject to MediAngels’s discretion. A minimum charge of Rs. 2000 per chargeback will be assessed for all accounts that receive a chargeback. Any chargeback fees, past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
Notwithstanding anything else to the contrary contained elsewhere herein or otherwise at law, MediAngels ™ liability hereunder (whether by way of indemnification to you or otherwise) shall be restricted to a maximum of INR 1000 (Indian Rupees One Thousand only).
Our payment cycle runs every thirty (30) days.
This Agreement shall be governed by and shall be construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Mumbai, Maharashtra, India.
Copyright and Ownership
MediAngels ™ hereby grants you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing or downloading a single copy of the material on the MediAngels ™ web site and to use the MediAngels ™ software to the extent necessary to use the MediAngels ™ Services solely for your personal, non-commercial use. With the exception of your medical records, MediAngels ™ retains all rights, titles and interests pertaining to MediAngels ™, the MediAngels ™ Services and any content, products, documentation, software or other materials on the MediAngels ™ web site along with any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing. The information available through the MediAngels ™ Services is the sole property of MediAngels ™. You agree not to reproduce, retransmit, reassemble, reverse-engineer, distribute, disseminate, sell, publish, broadcast, or circulate the information owned by MediAngels ™ received through the MediAngels ™ Services to anyone, including but not limited to others in your organization. Use, reproduction, copying or redistribution of the MediAngels ™ logos is strictly prohibited without written permission from MediAngels ™. The content, organization, design, graphics and other matters related to the services are protected under applicable copyrights, trademarks and other proprietary rights. MediAngels ™ shall retain all rights, title and interest in and to all of the information, content, data, designs, materials and copyrights, patent rights, trademark rights and other proprietary rights thereto provided by it pursuant to this Agreement, including but not limited to Consumers. Except as expressly provided herein, no other right or license with respect to any copyrights, patent rights, trademark rights or other proprietary rights are granted under this agreement. All rights not expressly granted hereunder by MediAngels ™ are expressly reserved to MediAngels ™ and its licensors and information and content providers.
Relationship of Parties
The parties hereto expressly understand and agree that Consumer is the Consumer. Neither party, nor its agents or employees, are the representatives of the other party, for any purpose and neither party has the power or authority as agent, employee or in any other capacity to represent, act for, bind or otherwise create or assume any obligation on behalf of the other party for any purpose whatsoever.
Compliance with Anti-Spamming Laws
MediAngels ™ has zero-tolerance for unsolicited bulk email, unsolicited posting to news groups or other illegal activities. The Consumer shall not infringe upon the rights of others, distribute chain letters or unsolicited bulk electronic mail ("spamming"), propagate computer worms or viruses, use a false identity, attempt to gain unauthorized entry to any site or network, infringe copyrights, trademarks, or other intellectual property rights. The Consumer further agrees to comply with Indian export laws concerning the transmission of technical data and other regulated materials via the World Wide Web. The Consumer agrees to indemnify and hold MediAngels ™ harmless for any and all acts found or suspected to be in violation hereof. The Consumer shall indemnify and hold MediAngels ™ harmless against and from losses, damages, costs, and reasonable attorneys' fees, if any, incurred in defending and/or resolving any suits brought against MediAngels ™ or any of its employees, shareholders or officers, arising from any claims, by anyone arising out of an alleged violation of any anti-spamming rules, regulations, laws, statutes, and the like. The Consumer’s account will be terminated for any of the above infractions. By accepting this agreement you are holding MediAngels ™ harmless for any and all of these actions and agree to the policies as so stated.
Termination and Survival
MediAngels ™ may terminate Services at any time, without penalty and without notice, if the Consumer fails to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services. MediAngels ™ may also seek legal prosecution of any violations of law or this Agreement and the Consumer agrees to personal jurisdiction by the Courts within the jurisdiction of Mumbai. Upon notice of termination of Services by MediAngels ™ to Consumer via contact e-mail to Consumer's Services account and contact e-mail account provided in Consumer's personal information, or voluntary termination of service by the Consumer, MediAngels ™ has the right to delete all data, files, or other information that is stored in the Consumer's account for any reason. The Indemnification, Copyright, Jurisdiction, Warranty, Network Security, Compliance with Anti-Spamming Laws and Privacy terms and conditions stated herein shall survive termination of this Agreement.
MediAngels ™ may provide notice to you- the Consumer, by e-mail to the e-mail address provided by you during registration, by a general notice on the MediAngels ™ Web site, or by written communication delivered by mail or express courier to your address on record in the MediAngels ™ account information. You may give notice to MediAngels ™ at any time via electronic mail to email@example.com or by letter delivered by mail or courier marked to the Customer Service Dept., Angels Health Pvt Ltd 114, Ackruti Star, Central Road, MIDC, Andheri (East), Mumbai-400093. Maharashtra, India.