How soon are deliveries made?

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.medleymed.com and medleymedicalsolutions.com websites.

INTRODUCTION

“MedleyMed” is an online platform providing healthcare services to its users. The domain name medleymed.com & medleymedicalsolutions.com and the Mobile Application MedleyMed is owned by MEDLEY MEDICAL SOLUTIONS Private Ltd having its registered office situated at Western Wing, 3rd Floor NCC House, Madhapur, Hyderbad 500 081, Telangana.

Wherever the context so requires in these terms and conditions the term ‘You’ or ‘User’ shall mean any person accessing this website for the purpose of availing the Services provided by “MedleyMed”; the term, “MedleyMed”, App, Websites, We, Us, Our, shall mean the Plaform/Application making available healthcare services under the name MedleyMed owned by MEDLEY MEDICAL SOLUTIONS Private Ltd and the term, “Service Providers” shall mean and include Pharmacies, Medical Practitioners and Diagnostic Centres who offer healthcare services as and when registered and made available under MedleyMed.

Your use of MedleyMed and the services provided are governed by the following terms and conditions provided herein and also subject to other policies that are intimated by MedleyMed from time to time. Please read these Terms before you download or use the services. By installing, downloading or using MedleyMed, you shall enter into a legally binding contract with MEDLEY MEDICAL SOLUTIONS Private Ltd and shall be bound by its terms and conditions as provided hereunder. You shall not download or install or make us of the services, in case any/all the terms provided hereunder are not agreeable or acceptable to you.

Your right to access or use of the website and the services shall be solely at the discretion of MEDLEY MEDICAL SOLUTIONS Private Ltd and we reserve the right to terminate or block your access or use of the website at any time.

The features / services of MedleyMed are available only in India. However Non-Registered Users outside India may browse through the information provided in the Website.

DISCLAIMER: MedleyMed intends to offer its Plaform and Applications to make available comprehensive online healthcare services to its users and has chalked out a Phase wise launch of its services commencing with Pharmacy related services including uploading e-prescriptions and enabling sale and delivery of medicines to subsequent expansion and launch of other services including but not limited to Video and Home Consultations, Booking Clinic appointments, Collection of samples and delivery of lab reports. Keeping in view the overall services MedleyMed provides comprehensive Terms and Conditions for the various services to be provided and these Terms and Conditions shall be applicable as and when with the launch of a new service. MedleyMed reserves the right to add/amend/modify the terms and conditions with the subsequent addition/deletion of services.

Eligibility

Use of MEDLEYmed is only to persons who are above 18 years of age and can form legally binding contracts under the Indian Contract Act, 1872. If it is found or discovered or brought to the notice of MedleyMed that you are an incompetent person as specified under the Indian Contract Act, 1872, we reserve the right to terminate or block your access or use to the services.

Account Registration obligations

You may access or avail our services by registering and creating an account by providing requisite personal and other information as required and you agree to provide accurate and correct details for such registration. In case of inaccurate/untrue/ incomplete information provided by you, we reserve the right to suspend/ terminate your account at any time without any prior notice.

You shall be responsible for maintaining confidentiality regarding your User ID and password and shall be responsible for all the activities that occur under your User ID, whether or not authorized by you. In case of any breach/unauthorized activity, you are required to forthwith notify us about such breach.

User Conduct

Online Platform, App and website of MedleyMed is considered as Intermediary as per The Information Technology (Intermediary Guidelines) Rules, 2011; and users while accessing, using online Platform, website and App and posting or publishing any content online are subjected to certain rules and guidelines as notified under the Information Technology Act and Rules made thereunder including the following terms and conditions.

User must not use the Platform, App and/or website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way user understand that user, and not MedleyMed, is responsible for all electronic communications and content sent from your computer to MedleyMed and user must use the Platform, App and/or website for lawful purposes only.

User must not use the Platform, App or website to host, display, upload, modify, publish, transmit, update or share any information that

  1. Belongs to another person and to which you do not have any right to;
  2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  3. Harms any person in any way;
  4. Infringes any patent, trademark, copyright or other proprietary rights;
  5. Violate any applicable law for the time being in force;
  6. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. Impersonate another person; send, circulate or perpetrate any information or data which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  8. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

User you shall not:

  1. Make any representation which is misleading in any way;
  2. Engage in commercial activities through Platform, App or Website without the prior consent of MedleyMed; or
  3. Engage in any action that imposes an unreasonable or disproportionately large load on MedleyMed infrastructure or interferes with its functioning.

Services

MEDLEYmed is a platform providing a number of healthcare services to its users through registered service providers including but not limited to:

  1. Sale and Purchase of Medicines;
  2. Home delivery of Medicines;
  3. Booking of Appointments (Currently Not Available);
  4. Video Consultation with Medical Practitioners (Currently Not Available);
  5. Collection of samples for Medical tests and delivery of the Lab reports from the Diagnostic Centres (Currently Not Available) ;
  6. Maintaining electronic records of the Medical records including Diagnosis, Medical Prescriptions and test reports. (Currently Not Available);

The details/information including contact numbers of the Service Providers registered under MedleyMed and as displayed are as provided by them during the registration process and MedleyMed’s knowledge is restricted and limited only to the information provided and respective credentials provided at the time of registration.

Charges

Membership for the users of MedleyMed is free and MedleyMed does not charge its users for accessing and availing its Platform, websites and Applications of MedleyMed. Notwithstanding the above, MedleyMed reserves the right to change its fee policy from time to time and in such an event, the same shall be intimated to you and the users shall be bound to comply with any such fee imposed over and above the fee charged by the Service providers.

However, the users shall pay the prescribed fees to the Service Providers for availing their services.

Booking/ Payment/ Cancellation of Services

Users can avail the services under MedleyMed by registering and creating an account with a User ID and Password. Once logged in, users will be able to select the required Service from the array of services as and when made available. On clicking on the required service, the user will be directed to series of Service Providers as registered and the user on the basis of information provided thereunder including pricing and other factors can make an informed decision.

On selecting a service, the Service Provider has to confirm the availability of the service, and once its confirmed, the user and the Service provider are bound by the terms of such service including but not limited to pricing, payment method, time of delivery etc. The fee and payment method, mode of delivery and other terms for such service are fixed by the Service providers and MedleyMed neither participates nor has any control over the same.

In case of Medical Practitioners, the user will be directed to the specialization based search and on selecting the required specialization, MedleyMed will show a complete listing of Medical practitioners registered under that particular Specialization along with the requisite contact information and consultation fee. User can on the basis of the information and profile provided therein and on the basis of his/her own verification of the information provided can make an informed decision.

In case of Diagnostic Centres, the user will be directed to a list of different service providers as registered and the user on the basis of information provided thereunder including pricing and other factors can make an informed decision. In case of Pharmacies, the User can search for a required Pharmaceutical drug/product or select a particular Pharmacy from a list of Pharmacies registered under MedleyMed. Once an order is placed and confirmed by the respective Pharmacy, the same will be delivered by our logistics partner depending upon the selected delivery time. A User can start placing Orders from 11:00 a.m every day and the delivery of the same shall be initiated from 11:30 a.m onwards. The Orders placed by a User shall be picked up & delivered depending upon the Delivery time opted by the User from the following:

04 HOURS:-

  • The Pickup & Delivery shall be completed in 04 working hours.
  • In the event, the execution of order is required on the same day, the Cut off time for placing such order shall be 6.00pm
  • However, the orders placed after 6.00pm may be executed by the Service Provider on the same day or on the next day during the above mentioned working hours at the convenience of the Service Provider

Payment to Service Providers:

For the purpose of payment for the services availed, a User can either select ‘Cash on Delivery’ or ‘Payment Gateway’ method and the user may be required to provide the location/ address of the place of delivery along with other requisite details/information. In case of Cash on Delivery, the User is required to make the payment only on the delivery of services whereas in Gateway Payment, the User makes the payment through Debit/Credit card/ Internet/ mobile banking at the time of selecting the service and before the delivery of such service.

Cancellation:

Services booked by the Users can be cancelled for any reason whatsoever and payment if any made for such services through the Gateway Method shall be refunded to the User within 20 days from the date of cancellation depending upon the mode of payment selected by the user.

In case of Purchase of Pharmaceutical products, the User may cancel an order once placed depending on the delivery time selected. In case of 12 Hour delivery, a User may cancel the order within 3 hours from the time of placing such order and in case 04 Hour delivery, a User may cancel the order within 1 hour from the time of placing such order. In the event of cancellation of an order after 3 or 1 Hour respectively from the time of placing the order, a cancellation charge of Rs.50 or 50% of the delivery charges whichever is higher shall be applicable. Order placed for delivery of Pharmaceutical products within 30 minutes cannot be cancelled and in the event of any such cancellation, a cancellation charge of Rs.50/- or 50 % of delivery charges whichever is higher shall be applicable.

Listing of Service Providers

Display of profiles and information of Service providers and their sequence on MedleyMed is a fully automated system which is based on numerous factors including the reviews and feedback of the users which is subject to change from time to time. The sequence and their appearance thereof is not controlled by MedleyMed in any manner whatsoever and shall not be deemed to be endorsement or preference by MedleyMed in any manner.

Users are allowed to rate and share comments about the MedleyMed, its Service Providers and services.

Platform for Online Healthcare

  • MedleyMed only provides for an online platform connecting users to different segments of healthcare providers including but not limited to Medical practitioners, Diagnostic Centres and Pharmacies. The contract for providing services/ Sale of products under MedleyMed is strictly between the user and Service providers and MedleyMed is neither a party nor in control, directly or indirectly of any of the transactions between the user and the service provider.
  • MedleyMed shall not participate in any manner in booking services under the App/website and Users alone are responsible for making bookings/ appointments by way of information provided thereunder.
  • MedleyMed shall hold no liability for the authenticity or credibility of the information/ representations made by the Service providers and it’s the sole responsibility of a user to verify /confirm the bona fides of the service providers via its own sources before booking any service with a respective service provider.
  • All/ any services booked under MedleyMed, form a commercial transaction between the user and service provider including but not limited to payment terms, payment method, mode of delivery, period of delivery and other related issues. For any breach/ contravention of terms, MedleyMed shall not be liable for the same, whatsoever.
  • MedleyMed does not warrant the performance, quality or promptness of the services to be provided by the service providers and any non-performance, delay, omissions or inconsistency including but not limited to wrong diagnosis, prescription errors, careless administration of medical tests, delayed delivery of medicines or test reports, cancellation/rebooking shall solely be on account of such Service providers and MedleyMed accepts no liability for any such errors/ omissions.
  • MedleyMed shall not be responsible for the conduct and demeanour of the Medical Practitioners or personnel of the Service providers during home visits and any misconduct/ inappropriate behaviour on part of the medical practitioners or personnel shall solely be on account of Service Providers.
  • MedleyMed at no point of time during which services are rendered or otherwise comes in possession of services to be delivered by the Service providers and holds no title or interest in the services to be provided by the Service providers.
  • Apart from these terms of use of MedleyMed, the user shall abide by all such additional ‘Terms of Use’ of the service providers who offer their services to the user and user is deemed to have given his consent on availing such healthcare services.

User Reports

The term ‘Medical reports’ or reports’ means and includes Video/ online consultations, diagnostic reports, medical prescriptions and any other reports as uploaded from time to time by the Users/Service Providers.

You understand and agree that all/ any services booked by you are automatically recorded by MedleyMed including the video consultations, medical prescriptions, lab reports, if any for the purpose of providing other related services i.e. maintenance of complete health reports, reminders for review consultations/ medicines/ tests.

You understand and agree that the medical reports as recorded in the App/website are displayed only on the respective user’s account and can be viewed and accessed only by the respective Service Providers who provided the services and the respective user, by signing in to the account with the User ID and Password.

You understand and agree that MedleyMed records the reports as it is uploaded by the respective User/service providers and it cannot vary/modify the contents of such reports. MedleyMed is not responsible for the contents of such reports, and discrepancy, if any in the reports, is on the account of the respective service provider and MedleyMed shall hold no liability for the same. For any additions/modification/deletion in the medical reports, the User shall approach the respective Service Provider and MedleyMed shall have no role in the same.

You understand and agree that you are solely responsible for keeping your User ID and password confidential and so as to ensure privacy of your personal and medical information on the App/wesbite, kindly ensure logging out of your account. MedleyMed uses industry recommended security methods to secure your personal information and medical reports on the app/website, however, MedleyMed shall not be liable for exposure of any kind of the medical reports of the users due to any unauthorized usage of the account or otherwise. In case of any unauthorized access or breach of your account, you are requested to forthwith report to us via email or call centre so as to enable us to mitigate the consequences of such breach.

You understand and agree that MedleyMed is not responsible for uploading/updating/delivering the medical reports to you and that these services are rendered on the basis of contact information provided by you and as updated by the Service Providers. MedleyMed shall not be liable for any delay caused by the service providers in providing information or incorrect information provided by you causing non-delivery/ delayed delivery of these medical reports. You understand and agree that you have the facility to delete your medical reports from your account at any time, however the reports are deleted only from your account and remain intact in the account of your respective service provider.

You understand and agree that MedleyMed from time to time may need to access your Account/Medical Reports for fixing/ updating any technical or operational issues.

Privacy Clause

We acknowledge that information recorded in MedleyMed includes sensitive medical information of our users and consider it to be our top priority to protect such information. User information including Personal data, Medical Reports and Financial information if any is stored on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under.

All the information/details provided at the time of registration and subsequent to the use of services including personal, financial and medical information automatically gets stored in our database and we may track certain other information depending on your behaviour on our website/ app and such information may include the URL used, browser information and IP address which helps us to better understand the interests of our users.

We may use other data collection devices such as Cookies, which are small files set in your browser by us when you access the website. These cookies are used to assist us in providing you uninterrupted and efficient service.

MedleyMed agrees and undertakes that we shall not disclose your medical reports to any third party at any point of time without prior consent from you, however in case of any unauthorized access of your account/ your account being compromised we shall not be responsible for any exposure/ leak of any of your information.

MedleyMed uses contact information of the users to send special offers based on the previous orders and interests. MedleyMed will occasionally ask users to complete optional online surveys. These surveys may ask users for contact information and demographic information (like pin code, age, or income level). We use this data to tailor your experience at our Platform,Website and APP, providing users with content that we think user might be interested in and to display content according to user’s preferences.

Sharing of Information

We may share your personal information, not including Medical Reports or Financial Information, in order to comply with legal obligations, to enforce these terms and conditions and provide services, to facilitate advertising of our services/products or to prevent or detect fraudulent activities related to our services.

We may also share your personal information not including Medical Reports or Financial Information in reasonable belief that the same is required under law for any legal proceedings including but not limited to respond to any legal notices/ court orders/ violation of rights of third party or to protect the property or personal safety of our users or the general public.

In case we plan to merge or amalgamate or restructure our business or be acquired by another business entity, we will share/ sell your personal information to such business entity. In case of such a transaction, the business entity to which your personal information is sold or shared with will be required to follow this clause of Privacy with respect to your personal, financial and medical information as stored before or after such transaction.

In order to enforce our services, our website/app may be linked to third-party service providers, to whom we may disclose your personal information in order to enable them to complete your transactions. You agree and accept that certain third-party service providers may have their own privacy policy regarding the information disclosed and in that event, you are recommended to read their privacy policy in order to understand the manner in which your personal information is/will be handled by these providers.

Other Sites

Our website/ app may advertise products or services from other Sites. We neither have control over cookies or features that such sites may display or use on our website/app and the information if any collected by these sites on your accessing these sites are not covered by the Privacy clause under these terms and conditions. You agree and acknowledge that inclusion of the information, data, text, graphics, messages or like material posted on our website/app does not imply any endorsement by us of the those Sites or the information provided therein. Any information provided by you to such other sites shall be governed in accordance with the privacy policies of such sites and we recommend you to review the privacy policies prior to accessing such websites.

By accessing/registering/ availing the services under the app/website, you consent to the collection and use of the information as disclosed on the Website/app in accordance with this Privacy Clause, including but not limited to sharing your information as per this Privacy Clause.

Content on App/ Webiste

You understand and agree that some of the content including text, graphics, images, inputs, suggestions collectively known as information provided on the app/website may be posted by the Service providers in order to provide guidance and spread awareness and the same is not to be constituted as medical opinion, diagnosis or treatment of any particular condition. Any information provided or received by you from MedleyMed or its employees, sponsors, advertisers or the likewise is only with a purpose to provide information to you and forms no fiduciary relationship between MedleyMed and the user and MedleyMed shall not be responsible for any action taken by you relying on such information.

You agree that no part of the content on the MedleyMed thereof may be copied, reproduced, republished, publicly displayed, transmitted or distributed in any way to any other website, computer or server and the information provided may be used by you for your personal and non-commercial purposes provided that you do not make any modifications to such information or remove any proprietary information of the app/website.

MedleyMed cannot and does not guarantee or warrant that files (content) available for downloading from the Service are free of viruses, worms, Trojan horses or other code that has contaminating or destructive properties. MedleyMed does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title, non infringement or fitness for a particular purpose) with respect to the files available for downloading from the website/platform. In no event will MedleyMed be liable to user or to anyone else for any decision made or action taken by user or anyone else in reliance on results obtained from use of files downloaded from the website/online platform.

Online Community Rules:

The MedleyMed may include a variety of features, such as discussion forums, blogs, photo and Video Sharing pages, e-mail services and social networking features on its Platform, website and App that allow feedback to us or allow rating of MedleyMed, Service Providers, and allow users to interact with each other on the Site or to post content and materials for display on the Platform, website or App.

By accessing and using any such features in discussion forums, social networking pages and blogs etc., user agrees that he/she will be courteous, stay on topic and post your own content and will not:

  1. Restrict or inhibit any other user from using and enjoying the website.
  2. To impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  3. Do not use the Website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
  4. Use the Website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval from us.
  5. Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Website
  6. Contact anyone who has asked not to be contacted
  7. Engage in personal attacks, harass or threaten, question the motives behind others’ posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other users.
  8. Repeatedly post the same or similar content

MedleyMed reserves the right to deny access to the Platform, App, Website, or any features of the Website to anyone who violates these Community Rules or who, in the opinion and sole judgment of MedleyMed, interferes with the ability of others to enjoy our website or infringes the rights of others.

Termination

These Terms & Conditions shall remain effective unless terminated by you or MedleyMed. When a User ceases to use his/her account for more than 12 months or notifies us of his/her intention to no longer use the services under MedleyMed, such a notice or action shall be deemed to be termination of the agreement with MedleyMed and all the details/information including the Personal data, Financial Information and Medical reports if any, of the user along with the account User ID shall be de-activated.

MedleyMed reserves the right to suspend/terminate/block a user’s access to the app or website at any time with or without notice to such user and further to initiate appropriate legal proceedings against such user. On such suspension/termination, the user shall not have access to the website/app or the services under MedleyMed including his/her medical reports. If it is discovered or brought to the notice of MedleyMed that such terminated user is accessing the website/app under a different name or by re-registering under a different name, MedleyMed shall suspend/terminate such account with or without any notice to the user. It shall be the responsibility of the user to ensure backup at all times of the medical reports and such information regarding services procured under MedleyMed. MedleyMed shall not be under any obligation to provide the medical reports and other recorded information on termination of the account and no claims/ legal proceedings shall lie against MedleyMed for providing such reports.

Limitation of Liability:

MedleyMed does not warrant or guarantee an uninterrupted or secure use of Services on the website/app and reserves the right to suspend or remove a service/services for indefinite period of time without any prior notice to you.

You agree and accept that all the services and products delivered to you are provided ‘as is’ and ‘as available’ for your use by the Service Providers, without any representation, warranties or conditions of any kind, either express or implied including quality, quantity, durability, title, merchantability and non-infringement.

In no event shall MedleyMed or any of its officers, directors, employees, agents or likewise be liable for any injury, loss, claim or any direct, indirect, incidental, consequential, special or punitive damages arising from the direct or indirect use or inability to use the Website, App of MedleyMed and its services and functions provided thereunder including but not limited to any unauthorized access, negligence, exposure/leak of user information or any other matter relating to the Services. In no event shall the total aggregate liability of MedleyMed and its officers, directors, employees, agents or likewise to a User for all damages, losses, and causes of action (whether in contract or tort) arising from this Agreement or a User’s use of the Website or App or the Services exceed, in the aggregate Rs. 2 lakhs.

Entire Agreement

The Terms & Conditions provided hereunder are drafted keeping in view of the overall services MedleyMed intends to provide in a Phasewise manner over a period of time and thereby any inapplicability or failure to enforce any provisions of these Terms & Conditions shall not constitute a waiver of such provision and such provision shall be effective as and when the respective service is launched.

These Terms & Conditions including the Privacy Clause constitutes the entire agreement and understanding between you and MedleyMed and shall supersede any/all prior or contemporaneous agreements, communications and proposals whether oral or written, between you and MedleyMed.

Amendment/Modifications

We reserve the right to amend/add/modify these Terms and Conditions at any time without any prior notice to you and you shall ensure to review these Terms to update yourself of the changes made. Your continued access or use of the services of MedleyMed shall be considered as deemed acceptance to the changes made.

Notices

Any/all notices and communications required or permitted to be given under these Terms & Conditions shall be via email addressed from/to the Email ID of MedleyMed as provided on the Website/App from time to time and addressed to/from the email ID of the User as provided in the User Information. The contents of such notice shall be in English and any notice or communication shall be deemed to have been delivered if the same is addressed to the email ID as provided in the User Information.

Severability

If any provision of these Terms & Conditions is determined to be void, unlawful or unenforceable, then the remainder of Terms & Conditions shall nonetheless be enforceable to the fullest extent permitted by applicable law and such unenforceable provision shall be deemed to be severed from these Terms & Conditions, and such determination shall not affect the validity and enforceability of any other provisions.

Governing Law

These Terms & Conditions shall be governed by and constructed in accordance with the laws of India. Any suit, action, dispute, claim or legal proceedings arising under or relating to the Services provided under this Website/App shall be subject to the jurisdiction of the Courts, situated at Ranga Reddy District, Hyderabad, Telangana, India.