Terms and Conditions

E-Nirmaan Management Consultant Private Limited, a Pvt limited company with its principal offices in 2nd Floor,B-17,RCC,JK Industrial Estate, Mahakali Caves Road, Andheri East Mumbai-400093 Maharashtra-India (“we” or “us”), provides you with the MEDIBHAI mobile device service (the “App”) and related website (including the mobile-optimized versions of such website, the “Site”) under these Terms and Conditions (this “Agreement”). The App and the Site are referred to together as the “Service.” As used in these Terms and Conditions, ‘you’ or ‘users’ refers to individuals using the Service. By using the Service and/or by clicking the “I Agree” button, you unconditionally agree to follow and be bound by this Agreement and our Privacy Policy. If you do not agree to be bound by and comply with all of the terms of this Agreement, you may not use our Service.

DEFINITION CLAUSE

Doctor: A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions.

Hospital: A charitable institution for the needy, aged, infirm, or young or an institution where the sick or injured are given medical or surgical care or a place for the care and treatment of sick and medically unwell.

Insurer: A Person or company that underwrites an insurance risk; the party in an insurance contract undertaking to pay compensation.

TPA: A third-party administrator (TPA) is an organization that processes insurance claims or certain aspects of employee benefit plans for a separate entity. It is also a term used to define organizations within the insurance industry which administer other services such as underwriting, customer service.

Diagnostic Centre: A place that offers diagnostic services to the medical profession or general public.

User: Users means the number of unique visitors to site. Essentially, these are the actual people landing on website, which means that if someone were to visit site 100 times on the same device or browser, they would still only count as one user.

PERMITTED USE OF THE SITE

The information and materials on the site are provided for general informational purposes. You may use the site solely for the purposes of learning about (i) E-Nirmaan products or services & (ii) Information about E-Nirmaan associates whose information is displayed on the website of E-Nirmaan. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the site for any other purpose.

ELIGIBILITY CRITERIA

The user must be at least of 18 (Eighteen) years of age to use our services through this website. If the user is under 18 years of age, he can use our services only under the supervision of his parents or legal guardian who are at least of the age of 18 years. In all such cases, such adult will be considered the user and is responsible for all the activities done on his /her part while using the website. Medibhai in no case shall be held responsible if the user does not follow such eligibility criteria.

NOTICE: ELECTRONIC COMMUNICATIONS
When you visit the site or send emails to E-Nirmaan, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless E-Nirmaan , its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

DISCLAIMER - WARRANTY

THE SITE, ITS CONTENT, MATERIALS AND PRODUCTS ON THE SITE ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, E-NIRMAAN HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
E-Nirmaan does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that the site or the server that makes the site available are free of viruses or other harmful components. E-Nirmaan does not make any warranties or representations regarding the use of the materials in the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. The information presented on our websites is not intended to constitute an offer to sell or a solicitation in connection with any service. If you are interested in any of E-Nirmaan 's services, please contact us for a complete description of the product and its availability.

INFORMATION DISPLAY

While using the services of Medibhai due diligence is taken to limit and organize personal information gathering, usage and disclosure of other relevant information of the respective details of the hospitals which can be taken as provided by the hospital authorities. This means that our website may gather, use and disclose that percent of information for purposes that a reasonable or prudent person would consider fit in the given situations and thus Medibhai cannot be held liable if there occurs any lapse in providing the true and correct information about the hospital and also it can be mentioned that hospital itself is responsible for such negligence in providing any such wrong information. Also, in case of users, Medibhai is taking information from users to provide best of the services but if the information in any way is incorrect or inappropriate then the user is himself liable for facing any kind of inconvenience while using the services.

OWNERSHIP, LICENSE AND RESTRICTIONS ON USE OF MATERIALS

This website is owned and operated by E-Nirmaan ; all material contained in our websites is protected by law. All copyright, service mark and other proprietary notices must be kept intact.
LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL E-NIRMAAN OR ANY OF ITS RELATED, AFFILIATED COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE E-NIRMAAN MATERIAL. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT E-NIRMAAN IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY OF THE E-NIRMAAN MATERIAL, OR WITH ANY OF E-NIRMAAN ’S TERMS OF USE AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, E-Nirmaan may link to sites operated by third parties. However, even if the third party is affiliated with E-Nirmaan , E-Nirmaan has no control over these linked sites, all of which may have separate terms and conditions of use, independent of E-Nirmaan . These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, E-Nirmaan specifically disclaims any responsibility if such sites: (i) infringe any third party's intellectual property rights; (ii) are inaccurate, incomplete or misleading; (iii) are not merchantable or fit for a particular purpose; (iv) do not provide adequate security; (v) contain viruses or other items of a destructive nature; or (vi) are libelous or defamatory. E-Nirmaan does not endorse the content, or any products or services available, on such sites. Nonetheless, E-Nirmaan seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only this site, but for sites it links to as well (including if a specific link does not work).

REFUND POLICY

Any payments made by the user while using the services, once they are paid shall not be refundable nor creditable for any reason whatsoever, unless otherwise expressly provided herein. Medibhai cannot be held liable for any such case and thus no legal consequences can be raised against the website. However, in case of special circumstances like in case of poor service or in case of emergency service refund may be made but only after such special circumstances are proved by the user.

APPOINTMENT CANCELLATION

When the user books an appointment, the user is holding a space in our daily schedule that is no longer available for our other patients. If due to any reason the user cancels the appointment, we require user to call at least in advance so that the advanced cancellation will allow another patient access to that appointment time. However, the cancellation will be considered late when the appointment is cancelled less than (Time period) before the appointed time. If the user misses an appointment without cancelling, in either case we will charge the patient a missed appointment fee.

INSURANCE CLAIM

Medibhai does not hold the liability or responsibility of adjudication of insurance claims filed with the insurance company since Medibhai will be associated in guiding and facilitation of claims process and claims document as the same will be done by the insurance company who has issued the policy . Medibhai cannot be held liable for denial of claims or deductions of claims or any other disputes related to claims. Guidance and support for filing grievances pertaining to claims with legal authorities doesn’t fall under the scope of services offered by Medibhai .

NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE OR ADVICE

The information contained in this site is general in nature and is intended for educational and/or information purposes only. It is not a substitute for the advice of health care professionals. If you have specific health care needs, or for complete health information, please see a doctor or other health care provider in the case of an emergency.

DISPUTE RESOLUTION

These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

JURISDICTION

Any action or proceeding seeking to enforce any provision of or based on any right arising out of this Agreement shall be brought against either of the parties in the courts of Mumbai and each of the parties consents to the jurisdiction of such courts. E-Nirmaan controls and operates this site from its headquarters in India and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable local laws.

ASSIGNMENT
E-Nirmaan may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
SURVIVAL

The provisions of these Terms & Conditions of Use entitled “Disclaimer - Warranty,” “Indemnification,” “Limitation of Liability,” “Dispute Resolution,” “Jurisdiction” and “General Provisions” will survive the termination of this agreement.

GENERAL PROVISIONS

Except as provided in a particular “Legal Notice” on this site, these Terms & Conditions of Use, along with the E-Nirmaan Privacy Policy, constitute the entire agreement and understanding between you and E-Nirmaan with respect to use of the site, superseding all prior or contemporaneous communications with E-Nirmaan . These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of these Terms of Use are displayed for convenience only and have no legal effect. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefit. With respect to any feedback to be given on different sections of the website, only Medibhai is permitted for giving such feedbacks and no such right is available to any user using the services.

SOCIAL MEDIA TERMS AND CONDITIONS

BY ACCESSING, VIEWING, OR USING ANY SOCIAL MEDIA PAGES OPERATED BY E-NIRMAAN , INC., ITS SUBSIDIARIES, OR ITS AFFILIATES, THE USER INDICATES ACCEPTANCE OF THE FOLLOWING SOCIAL MEDIA TERMS AND CONDITIONS AND AGREES TO BE LEGALLY BOUND BY THEM:

1. E-Nirmaan , Inc., its subsidiaries, and affiliates (hereinafter “E-Nirmaan ”) does not validate third party information posted on E-Nirmaan ’s pages on social media sites. Any comments, statements, or opinions on those pages are not endorsed by E-Nirmaan , and do not necessarily reflect the views, policies, or procedures of E-Nirmaan . The information, materials and services on E-Nirmaan ’s social media pages are provided to the user “as is,” without any express or implied representations or warranties of any kind, including any warranties as to merchantability or fitness for a particular purpose or non-infringement of intellectual property. E-Nirmaan makes no representation or warranties as to any material or information posted on any E-Nirmaan social media pages or that the user’s use of content posted on or material otherwise made available through E-Nirmaan ’s social media pages will not infringe the rights of third parties.

2. Users shall not post materials to any of E-Nirmaan ’s social media pages that are unlawful, proprietary, fraudulent, libelous, slanderous, defamatory, obscene, threatening, abusive, harassing, or infringing on the rights of any third-party, including intellectual property, privacy/confidentiality, or publicity rights. E-Nirmaan does not permit any of these practices and reserves the right to immediately remove credit any content within its sole discretion.

3. By submitting content on or through E-Nirmaan ’s social media pages the user grants E-Nirmaan an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material throughout the world in any media. The user further agrees that E-Nirmaan is free to use any ideas, concepts, and knowledge that the user provides to E-Nirmaan on the social media site. The user also grants E-Nirmaan the right to use the name submitted by the user in connection with such material. E-Nirmaan reserves the right to alter the content on its social media sites at any time, but has no obligation to update any information on its social media sites. E-Nirmaan has no intention of collecting personally identifiable information from children under the age of 13.

4. The materials posted to E-Nirmaan ’s social media pages are not advice. By making the content on E-Nirmaan ’s social media pages available to the user, E-Nirmaan is not engaged in rendering any legal, medical, or other professional advice.

5. Users shall not post any personal or private health information, such as policy numbers, claim numbers, phone numbers, personal e-mail addresses, or any unique identifying information on a E-Nirmaan social media page. E-Nirmaan reserves the right to remove any social media posts that contain such information.

6. Users shall not post any links or other content that contain viruses or malicious software or otherwise violate any federal or state laws. Users shall not post advertisements or solicitations of business. Any postings of this nature on E-Nirmaan social media pages may be removed.

7. Content on E-Nirmaan ’s social media pages (including, without limitation, text, design, graphics, logos, images, videos, as well as the selection and arrangement thereof) posted by E-Nirmaan is the property of and owned by E-Nirmaan , our licensors, or third party content providers, and is protected by copyright, trademark, and other applicable laws. Any other use of content on the site, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, transfer, or sale of, or the creation of derivative works from, any material or information obtained from the site, or use of the site for purposes competitive to E-Nirmaan , is expressly prohibited.

8. E-Nirmaan ’s social media pages may contain links to other web sites, some of which are operated by E-Nirmaan and others which are operated by third parties. These links are provided as a convenience to the user and as an additional avenue of access to the information contained therein. E-Nirmaan has not necessarily reviewed all the information on these other web sites and is not responsible for the content of those or any other sites or any products or services that may be offered through those or any other web sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked web sites. Different terms and conditions may apply to the user’s use of any linked web sites.

9. E-Nirmaan reserves the right to block or otherwise prohibit any person from accessing or using E-Nirmaan ’s social media pages for any reason whatsoever.

10. Users are ultimately responsible for the content posted on E-Nirmaan ’s social media pages, including the legality, reliability, appropriateness, originality, and copyright of any such material. E-Nirmaan is not liable for any direct, or indirect, special, incidental, or consequential damages that may arise from the user’s use of E-Nirmaan ’s social media pages. Additionally, the user agrees to defend and indemnify E-Nirmaan and each of our respective officers, agents, directors, shareholders, partners, licensors, service providers, and employees, from any loss, liability, claim, or demand, including reasonable attorneys’ fees, issued by any third party due to or arising out of your use of E-Nirmaan ’s social media pages arising from a breach or alleged breach of these Terms and Conditions by the user (including, without limitation, any breach of the user’s representations and warranties set forth herein).

Effective date- 15/05/2020