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.

Q - What is MADYOASIS ?

• The domain name www.madyoasis.in, an Service based Company, is operated by Madyoasis Medical Services Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “Madyoasis” or “We” or “Our” or “Us” or “Company”) having registered Office No-406 , 4th Floor, Bhakti Genesis, Wakad Rd, Shedge Vasti, Shankar Kalate Nagar, Wakad, Pimpri-Chinchwad, Maharashtra 411057, with GSTIN 27AALCM6611R1ZR and AALCM6611R. The domain name and the mobile application are collectively referred to as the “Website”.
• 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 constitutes a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and Madyoasis on the other Part.
• By accessing, browsing or in any way transacting on the Website, or availing 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 for the purposes of accessing, browsing 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 Healthcare Service, Diagnostics, Medical Equipment and 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 the 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 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 relation between You and the Third Party Service Providers through the Website, Madyoasis shall send to You (promotional content including but not limited to emailers, 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 another for their transactions. Madyoasis 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.
• Madyoasis 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 in 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 Madyoasis 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 is published in compliance of, and is 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”)
• the Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020.
• Madyoasis 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 Madyoasis including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“Madyoasis Content”) (collectively, “Content”). The Madyoasis Content is the property of Madyoasis and is protected under copyright, trademark and other applicable law(s). You shall not modify the Madyoasis Content or reproduce, display, publicly perform, distribute, or otherwise use the Madyoasis 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 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 Madyoasis in this regard. As part of the registration process, Madyoasis may collect the following personal information from You:
• Name
• User ID
• Email Address
• Address ( Including country and ZIP / Postal code )
• Gender
• Age
• Phone Number
• Password chosen by the User
• Valid Financial account information
• 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 Madyoasis 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 Madyoasis 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 Madyoasis 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 Madyoasis for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Madyoasis may allow authorized third parties to place or recognize a unique cookie on the Your browser. Madyoasis does not store personally identifiable information in the cookies.
• Madyoasis, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Website and App, at any time while Madyoasis investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason.