TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) govern the use of www.medi-impact.com (“Website”) and the mobile application Medpass (“Digital HealthApp”) (the Website and App are collectively referred to as “Platform”, which term includes all content, software, services, and products available on the Platform). The Platform is owned and operated by Mediimpact Healthcare Private Limited., (referred to as :”Medpass”). These Terms include Mediimpact Healthcare’s privacy policy, available at www.medi-impact.com/privacy (“Privacy Policy”) and any guidelines, additional terms, policies, or disclaimers made available by or issued by Mediimpact Healthcare from time to time.

By using the Platform, you agree that you have read and understood, and to be bound by these Terms as amended from time to time, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access or use the Platform or any features or content made available on or through the Platform.

PLATFORM:

• The Platform provides users to make payment to Healthcare Providers and get cashback only on Mediimpact Healthcare Empaneled providers who have been listed in the App.


• Unless stated otherwise, all the content available on the Platform, including Third Party Content, text, images, videos, user interfaces, trademarks, logos, applications, designs, layouts, arrangements, or other information available on the Platform (“Content”) is owned by Mediimpact Healthcare or its Co-Branded Partners, and is protected by applicable laws. “Third Party Content” means the content, documents, and information owned by a third party and available on the Platform.


• Your access to the Platform is subject to the creation of the Wallet and upgrade to full KYC.

Use of the Platform:

• To access the Platform, the Customer shall create the Wallet and operate an account on the Platform (“Customer Account”). The Customer Account shall be operated only by the end useron whose name the wallet is created or Authorised person from the end user (care taker). The Customer shall be responsible for maintaining the confidentiality of the Customer Account and User Accounts, The Customer hereby agrees that it shall be responsible for all activities that occur on or through the Customer Account.


• Mediimpact shall have the right to cancel, without prior notice, the Customer Account and User Accounts, and restrict any access to such accounts, if it discovers or suspects that the Customer Account or one or more User Accounts are being accessed by third parties.

RESTRICTIONS:

You shall not use the Platform in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:

• Infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;


• Except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works, rent, or license any Content, the Platform or any portion thereof, or any other products or services offered by Mediimpact Healthcare under these Terms;


• Use any robot, spider, other automated device, or manual process to monitor or copy any Content other than copying or exporting as permitted by the Terms;


• Make any back-up or archival copies of the Platform, the Content, or any part thereof;


• Engage in the systematic retrieval of Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission;


• Use the Platform in (i) any unlawful manner, (ii) for fraudulent or malicious activities, or (iii) in any manner inconsistent with these Terms;


• Violate applicable laws in any manner.

THIRD PARTY CONTENT:

• The Content made available by Mediimpact Healthcare may contain links to Third Party Content. You understand that Third Party Content is the responsibility of the third party that created or provided it and Mediimpact Healthcare excludes all warranties and liabilities pertaining to such Third Party Content available on the Platform through such links. You acknowledge that the use of such Third Party Content through such links is solely at your own risk.


• All intellectual property rights in and to Third Party Content are the property of the respective third parties.


• Mediimpact Healthcare does not control, endorse, sponsor, or adopt any third parties referenced on the Platform, and makes no representations or warranties of any kind regarding such Third Party Content, including, without limitation, its accuracy or completeness.

DISCLAIMERS:

• The Content is intended for use within India only.


• Mediimpact Healthcare will not interfere in the consultation,diagnosis and treatment provided and Medicines delivered to the User and will not in any way beheld responsible for misconduct or inappropriate treatments or medical care by any providers.


• Users agree and acknowledge that practices alluded to or otherwise described on the Platform may vary from territory to territory.


• Mediimpact Healthcare does not warrant that operation of the Platform will be uninterrupted or error-free or that the functions contained in the platform will meet your requirements.


• You hereby accept full responsibility for any consequences that may arise from your use of the Content and the Platform, and expressly agree and acknowledge that Mediimpact Healthcare shall have absolutely no liability with respect to the same.

INTELLECTUAL PROPERTY:

Ownership of the Platform:​

• You acknowledge and agree that Mediimpact Healthcare or its licensors, as the case may be, own all intellectual property rights in the Platform and Content. Except as expressly stated herein, these Terms does not grant you any rights to, or in, any intellectual property rights or any other rights or licences in respect of the Platform or the Content.


• In the event the Customer is of the opinion that the Content, or any part thereof, violates any third party rights, it should promptly inform Mediimpact Healthcare of such opinion.

LIMITATION OF LIABILITY:

• You agree that in no event shall Mediimpact Healthcare or its agents, dealers, distributors, resellers, licensors or suppliers be responsible to you or any other party for loss of profits, loss of business, depletion of goodwill or similar losses or loss or corruption of data or information, or pure economic loss, or for any other direct, indirect, special, incidental or consequential damages arising out of (i) your use or inability to use the Platform and/or (ii) your use of or access to the Platform or the Content, even if Mediimpact Healthcare or one of its agents, dealers, distributors, resellers, licensors or suppliers has been advised of the possibility of such damages or of any claim by any other party.


• Notwithstanding anything contained herein, the maximum liability of Mediimpact Healthcare shall at all times be limited to the pro rata monies received by it in the three months preceding the date of the claim

INDEMNITY:

You agree to indemnify and hold harmless Mediimpact Healthcare, its affiliates, its licensors, and their respective directors, officers, members, managers, employees, and agents from and against any and all claims and expenses arising out of the negligent or unlawful use of the Platform, a breach of any provision of these Terms or the terms of the Customer Agreement by you, or any third-party claim to the extent arising from or connected with an allegation that your use of the Platform in accordance with these Terms or the terms of the Customer Agreement infringes the intellectual property rights of a third party.

CONSENT TO USE DATA:

• You agree that Mediimpact Healthcare may in accordance with its Privacy Policy collect and use your KYC documents like PAN Card copy, Aadhar card copy, that is gathered periodically to facilitate the provision of Platform updates, product support, and other services to you (if any) related to the Medpass App usage.


• Mediimpact Healthcare reserves the right to utilize metadata (for example: usage statistics, access activity, etc.) in accordance with the Privacy Policy for internal purposes such as marketing, research, pricing, and technical or product development.

SERVICE LEVELS:

• Scheduled Maintenance – Mediimpact Healthcare reserves, solely at its discretion, the right to make the Platform unavailable for access for up to 1 (one) hour per week for scheduled maintenance and such downtime shall not be counted against any availability guarantees specified in this Clause 11. Scheduled maintenance operations shall be preceded by no less than 24 (twenty-four) hours notification via email to you or posted to the Platform or your profile on the Platform.


• Unexpected Downtime – Beyond the aforementioned scheduled maintenance, Mediimpact Healthcare warrants that the Platform shall be available with a minimum of 99.5% software uptime.


• The provisions of this Clause shall not apply to any performance issues (i) caused by factors or circumstances outside of Mediimpact Healthcare’s reasonable control; (ii) that result from your equipment or third-party equipment, or both; (iii) that result from internet service providers, telecommunications service providers, or their equipment or services; (iv) caused by the termination of your access to the Platform pursuant to Mediimpact Healthcare’s rights under these Terms or the Customer Agreement; or (v) caused by misuse of the Platform, including use of the Platform in breach of these Terms or the Customer Agreement or other than in accordance with instructions Mediimpact Healthcare may provide from time to time.

TERMINATION:

These Terms and your access to the Platform may be terminated (i) by Mediimpact Healthcare immediately upon the occurrence of any of the following events:

• A breach by the Customer of its obligations under these Terms.


• Inappropriate use of the Platform by the Customer or users authorized by the Customer, as determined by Mediimpact Healthcare at its sole discretion; or Upon the termination hereunder for any reason, the Platform will “time out”, i.e., the Customer shall cease to have any access to the Platform and the Content.


• Incase If Mediimpact Healthcare Private Limited decides to windup the Company, It will inform all the customers through SMS / email 30 days in advance.

MODIFICATION OF SERVICES:

Mediimpact Healthcare reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice or cause. You agree and acknowledge that Mediimpact Healthcare shall not be liable to you or to any third party for any such addition, modification, suspension or discontinuation of the Platform.

UPDATES:

Mediimpact Healthcare reserves the right to provide minor modifications or enhancements, or programme temporary fixes or patches, if any, to the Platform (“Updates”). You agree that the addition of major functions or significant new features to the Platform is not an Update. Mediimpact Healthcare shall, in its sole discretion, have the right to determine what constitutes an Update.

CONFIDENTIALITY:

You acknowledge that the Platform contains trade secrets and confidential information of Mediimpact Healthcare and its licensors. You agree to hold and maintain the Platform in confidence, and not to furnish any other person with a copy of the Platform. You agree to use a reasonable degree of care to protect the confidentiality of the Platform. You further agree not share the Content with any third person. You will not remove or alter any proprietary notices of Mediimpact Healthcare and/or its licensors that are on or in the Content or Platform. Your obligations under this section continue even after these Terms or the Customer Agreement have been terminated. Without limiting the generality of the foregoing, you further agree not to publish or otherwise publicly distribute the results of any benchmark tests related to the Platform that are made available to you by Mediimpact Healthcare, its licensors, distributors, or resellers.

FORCE MAJEURE:

Mediimpact Healthcare shall have no liability to you under these Terms or the Customer Agreement if it is prevented from or delayed in performing its obligations or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Mediimpact Healthcare or any other party), failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or sub-contractors.

COMPLIANCE:

In respect of the use of Platform, you acknowledge and agree that you are aware of applicable laws and regulations governing such use of the Content and/or Platform. You shall be solely responsible to ensure compliance with the various applicable laws.

JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION:

• These Terms and the terms of the Customer Agreement shall be governed by, and construed and enforced in accordance with, the laws of India. Subject to other provisions hereof, the courts in Bangalore shall have exclusive jurisdiction.


• Any controversies, conflicts, disputes, or differences arising out of these Terms or the Customer Agreement shall be resolved by arbitration in Bangalore in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this section. The tribunal shall consist of 1 (one) arbitrator appointed by Mediimpact Healthcare. The language of the arbitration shall be English.


• The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.


• Each party to the arbitration shall bear its own costs with respect to any dispute.

MISCELLANEOUS PROVISIONS:

Modification:

• Mediimpact Healthcare reserves the right at any time to modify these Terms and to add new or additional terms or conditions on your use of the Platform. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms and your licence shall terminate), will be effective immediately and will be incorporated into these Terms. In the event, you refuse to accept such changes, these Terms and licence will terminate.

Severability:

• If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).


• Notices – All notices, requests, demands, and determinations for Mediimpact Healthcare under these Terms (other than routine operational communications) shall be sent to legal@Medi-impact.com

Third Party Rights – No third party shall have any rights to enforce any terms contained here in.