Last Updated - September 2024
In accordance with the Information Technology Act of 2000, its rules, and the revised sections of several legislation pertaining to electronic records as amended by the Act, this document is an electronic record. A computer system created this electronic document; no digital or physical signatures are needed.
The information in this document complies with Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011, which mandates the publication of the terms of use, privacy statement, and rules and regulations for using the www.medtotes.com website and its mobile applications.
Medtotes Pvt Ltd. (hereinafter referred to as "Medtotes"), a company incorporated under the provisions of the Companies Act, 2013, which operates www.medtotes.com , an Internet-based portal Website and "Medtotes" a mobile application (hence collectively referred to as the "Platform").
Access to the Platform is granted to the User upon acceptance of all terms, conditions, and notices outlined in this document, including relevant policies referenced herein. Medtotes reserves the right to make amendments or modifications at its discretion, which will be updated on the Platform. This may include imposing additional charges for access to or use of specific services.
In these Terms of Use, the term "User" pertains to any individual who, by furnishing Account Information during the registration process on the Platform, has consented to act as a buyer. The term "User" also encompasses individuals who are merely viewing the Platform.
In these Terms of Use, "Service Provider" refers to a entity involved in offering various services, including but not limited to connecting users with qualified healthcare professionals, nurses, physiotherapists, trained attendants, licensed retail pharmacies, diagnostics, and similar services.
Medtotes will notify registered users of any changes to the Terms and Conditions, with the updated terms available on the Platform. Users must adhere to the most recent Terms when using the Platform and Services. Users are encouraged to regularly check for updates. Medtotes may require user consent to the updated Terms before further use. If no separate consent is sought, the user's continued use of the Platform, following changes to the Terms, indicates acceptance of those changes. By using the Platform or browsing it, users agree to be bound by these Terms, the Platform's Privacy Policy, and other relevant rules, guidelines, and conditions under applicable law.
The User agrees to utilize the services provided by the Service Provider. Medtotes and its Platform serve as a facilitator, connecting the User with the Service Provider through technology.
Medtotes is not responsible for delivering products purchased by the User or providing services outside of India.
Medtotes does not practice medicine or provide medical consultations. We offer a technology platform and digital infrastructure for Users to connect with Service Providers.
The Platform enables users to request home healthcare services provided by Medtotes' registered third parties, including diagnostic centres, Licenced retail pharmacies, and hospitals but not limited to (referred to as Service Providers). Transactions between the User and Service Provider, initiated through the user's requisition on the Platform, are governed by these Terms. Medtotes is not responsible for any transactions between the User and the Service Provider.
Medtotes may, at its discretion, change or modify these Terms of Use, Platform policies, including the Privacy Policy, at any time. Such changes will be effective immediately upon posting on the Platform, and users waive any right to receive specific notice. Continued use of the Platform confirms the User's acceptance of these changes or modifications.
Medtotes acts as a healthcare services facilitator, providing a technology platform for Users to connect with Service Providers. The healthcare professionals (referred to as CREW) on the Platform, including Doctors, Nurses, Physiotherapists, and Attendants, are under the responsibility of the Service Provider. Service Providers, not employees of Medtotes, offer clinical consultation services with the User's consent. Users acknowledge that Service Providers are independent contractors, and Medtotes is not directly or vicariously liable for any advice, medical consultation, or losses arising from the Service Provider.
The Service Provider bears sole responsibility for prescriptions and their content provided to the patient. They are also accountable for all outcomes of the services rendered to the User, adhering to Indian laws. Users acknowledge that availing services from the Service Provider is solely at their own risk and responsibility.
Medtotes does not endorse specific registered medical practitioners, tests, products, opinions, or any information mentioned on the Platform. Users rely on Platform information at their own risk.
The Services are not intended for medical emergencies or critical health situations. Medtotes advises against delaying seeking advice from a doctor based on information from the Platform. Users are solely responsible for promptly connecting with the nearest doctor, hospital, or related helpline in case of a medical emergency.
Users are responsible for ensuring the accuracy of submitted information. Medtotes does not attempt to validate any content provided by users for using the Services.
Opinions, statements, and consultations from the Service Provider do not represent the views of Medtotes and its affiliates. Medtotes does not guarantee that the Services will meet User's requirements or be uninterrupted, timely, secure, or error-free.
The Service Provider must promptly inform the User if the assigned Crew is unavailable due to an emergency. It is the Service Provider's responsibility to arrange a substitute Crew and inform the User promptly.
Medtotes is a technology platform offering services, including diagnostics provided by third-party labs (referred to as Service Providers). Medtotes is not accountable for samples, tests, or reports from Service Providers. Users agree to use the Platform and its features in compliance with these Terms of Use and applicable laws or guidelines.
Users are solely responsible for their interactions with Service Providers on the Platform, and Medtotes has no liability in this regard. The accuracy of information provided by Users, Service Providers on the Platform is not guaranteed by Medtotes. Medtotes may suspend Service Providers or Users' access to the Platform at its discretion for violations of these Terms of Use or other reasons.
Medtotes shall conduct a due-diligence of its Service Provider with the best of its capabilities and knowledge. It is Service Provider’s responsibility to ensure that the information submitted on the Platform is correct with respect to content and services. Medtotes is not liable in this regard.
To improve the quality and suitability of the treatment, the Service Provider may ask Users to submit clinical reports for review. This essential information enables the Service Provider to develop a thorough understanding of the patient's health history, facilitating the delivery of optimal care.
Medtotes is a technology platform allowing Users to purchase pharmaceutical products from licensed retail pharmacies, known as Service Providers. Users upload prescriptions, which are verified by the platform for clarity and authenticity. Accepted prescriptions are then forwarded to the Service Provider for verification before issuing a quote. After the user places an order, the Service Provider handles medicine delivery. The Service Providers are responsible for product quality, and Medtotes is not liable for the authenticity of Pharmaceutical Goods and Services on the Platform.
Medtotes does not guarantee the legal title of Pharmaceutical Goods and Services sold by licensed Retail Pharmacies on the Platform. Medtotes does not acquire any right, title, claim, or interest in the products sold, and bears no obligations or liabilities for transactions on the Platform.
Medtotes is not responsible for delays, non-performance, of Service Providers to the User on the Platform. We do not guarantee the transaction performance of Service Providers. Additionally, Medtotes is not liable for Pharmaceutical Goods and Services that are out of stock or unavailable, even if the product is listed as available at the time of quotation and order placement.
To buy prescription drugs and pharmaceutical products, a valid prescription must be uploaded by the User on the Platform. The Service Provider will verify the prescription, and if any discrepancies are found, the Service Provider will promptly cancel the order. Additionally, the User must have the original prescription available upon receiving the order. The User should permit the delivery agent to stamp the original prescription during the medicine delivery process; otherwise, the medicines will not be delivered.
The User affirms and assures that they will submit to the platform, for order placement, either the original prescription or an electronic copy issued by a medical practitioner. The User further assures that if the prescription indicates it is for a one-time dispensation, it will not be provided to any other pharmacist. Additionally, if the prescription specifies a limited number of dispensations or intervals, the User commits not to exceed these limits when submitting the original or electronic copy to Medtotes for order placement.
Service Providers on the Platform may sell drugs listed in Schedule X of the Drugs and Cosmetics Act, 1940, only if accompanied by a valid prescription from a Doctor/ Medical Practitioner. In cases where the prescription includes uncommon quantities of medicines or Schedule X Drugs, Medtotes and/or the Service Provider, i.e., licensed retail pharmacy, reserve the right to reject the order.
In case the prescribed medication is unavailable at the licenced retail pharmacies i.e. Service Provider, they may offer or deliver drugs with the same prescribed composition (branded/generic) to the user Upon the confirmation by the user. The substitute medicine or drugs may be delivered to the user. It is the user's responsibility to consult their prescribing doctor/medical practitioner before consuming the substitute drugs.
The licensed retail pharmacy, referred as the service provider, will issue the invoice for pharmaceutical drugs and services. The relevant service provider, responsible for processing and fulfilling the order for these pharmaceutical drugs and services intended for delivery to the user, will generate the corresponding invoice. The user is obligated to remit the payment directly to the service provider for the specified amount.
The Service Provider or its contractors will deliver Pharmaceutical Drugs and Services. Users understand that the courier or delivery personnel, engaged by the Service Provider, act as agents for delivering the items to the User's notified address. They have no control over the drugs' condition and no extra responsibilities beyond standard delivery duties and care, especially for home delivery. The delivery agent may or may not guide on dosage. Users can choose to pick up the drugs directly from the store based on their selected options on the platform.
Users are prohibited from uploading, distributing, or publishing the following content on the Platform, known as Prohibited Content. This includes any material that:
User also understand and acknowledge that if user fail to adhere to the above, Medtotes have the right to remove such information and/or immediately terminate User’s access to the Services and/or to the Platform.
Users should have the legal capacity to enter into contracts in accordance with Indian laws
Users must be of the legal age to use the medical app. If under eighteen (18) years old, services may be accessed through a legal guardian in compliance with applicable laws.
Individuals must possess the necessary contractual competence as defined by the Indian Contract Act, 1872. This includes being competent to contract and not falling under the category of those deemed "incompetent to contract," such as minors or un-discharged insolvents.
The services are not available to users who have been suspended or removed from the Platform for any reason by the Medtotes
Adhering to the above eligibility criteria is essential for users to access and use the Platform.
Users are restricted from maintaining more than one active account on the Platform. Furthermore, the sale, trade, or transfer of user accounts to third parties is prohibited. Irrelevant information unrelated to the services on the platform is not encouraged.
Medtotes reserves the right to deny access to the services provided on the Platform for new Users or terminate access for existing Users at any time without prior notice. The decision of Medtotes is conclusive and binding.
To access Medtotes services through the Platform, users must provide essential information and create an account. This includes details such as name, user ID, email address, address, gender, age, phone number, OTP and more.
Users are required to register on the Platform to access services. They are responsible for maintaining account confidentiality and promptly reporting any unauthorized use or security breaches. Medtotes is not liable for losses due to user negligence in keeping account information secure. Medtotes is not liable for any mental distress, inconvenience, or financial loss arising from the misuse of user ID/account details and unauthorized access to the Platform.
Access to the platform is limited for unregistered users.
User shall ensure that the Account Information provided by the User in the Platform's registration form is true, complete, accurate and up-to-date. If any information is found to be untrue, inaccurate, or incomplete, or if Medtotes has reasonable grounds to suspect, then Medtotes reserves the right to suspend or terminate the User's Account. This action may result in the loss of data, and access to the Platform may be refused for both current and future use.
User is only the responsible person for the booking, cancellations and availing service for self/ or someone else.
Medtotes is not liable for data protection or activity of the account that is uploaded by multiple devices. The User shall be solely responsible and liable for any the outcome(s) in this regard.
The Platform uses temporary cookies to store certain non-sensitive information for things like managing the website, doing research, and keeping track of users. When Platform show ads or make services better for you, other trusted companies might also put a special cookie on user’s internet browser. Note that Medtotes doesn't save any personal information/ sensitive information in these cookies.
Medtotes strives to provide User with the best prices possible on the Services that the User requires from the Platform.
The user acknowledges that by placing an order on the Platform, they are entering into a legally binding contract with the Service Provider for the payment and provision of services. It is recommended for the user to retain a copy of their payment proof to the service provider. Users can request a copy of the payment proof from the service provider, and the service provider is obligated to share the bill copy with the user.
For the services provided to the user, payment must be made to the service provider as specified in the invoice issued by the service provider.
The user acknowledges that Medtotes will not be held liable for any damages, interests, or claims arising from the non-processing or delayed processing of a transaction and transaction price beyond the control of Medtotes.
By complying with these Terms, Medtotes provides users with a personal, non-exclusive, non-transferable, and limited privilege to access and utilize this Platform along with its services. Users also agree to observe all restrictions on sharing, using, and reproducing any materials, such as product catalogs, accessed on the Platform, in accordance with these terms and conditions.
The user agrees to use the services, Platform, and the materials provided only for purposes allowed by the Terms and any applicable laws or guidelines. In the event of a legal dispute between the Service Provider and the User, the jurisdiction will be determined by the city where the service was obtained.
User shall ensure to refrain from storing, sharing and uploading any confidential data on this platform to prevent unauthorized access or hacking. Medtotes is neither responsible nor liable for any unforeseen/inappropriate outcomes resulting from data loss, data theft occurring due to unauthorized access
Users agree not to access the Platform or its materials and services through any method other than the provided interface by Medtotes. This means refraining from using automated tools like robots or spiders to copy or monitor any part of the Platform or its content. Users should not attempt to obtain information in ways not expressly provided by the Platform.
Users may need to upload clinical reports as requested by the service provider to help doctors understand the patient's health record. This assists the service provider in delivering high-quality and suitable treatment.
Medtotes strongly recommends Users to have a caretaker or family member present throughout the entire service period at the user's premises.
The consultation fee for the patient does not include the cost of supplies necessary for the treatment. These additional charges for supplies will be determined by the Service Provider assigned to the patient on a case-by-case basis. The user is responsible for paying these charges, and they must be accompanied by a valid invoice/bill from the Service Provider. Medtotes plays no role and holds no responsibility in this regard.
Each appointment allows the user to avail services for one person only.
In emergencies, it is important not to depend solely on the services booked through the Platform, even after the service provider or their crew arrives at the user's premises. Medtotes strongly advises users to prioritize one’s health and safety by seeking immediate medical attention at a hospital in case of any emergency.
If users experience any issues with the services provided by the service provider during treatment, it is crucial to address concerns either through email or by calling Medtotes within 24 hours of the services. Any complaints or issues raised after this period may be deemed invalid.
If the Platform permits users to post and upload any material, users must ensure that such material is not offensive and complies with applicable laws and the Medtotes Terms.
User agrees to be solely responsible to Medtotes and to any Service Provider for any breach of User’s obligations under the Terms and for the consequences (including any loss or damage which Medtotes or its affiliates or its vendors may suffer) for any such breach.
The user agrees that Medtotes has the right to, at any time, make changes or cease all or part of the platform, adjust, modify, which is related to the platform usage.
Users must agree not to use the platform for illegal purposes. The information and services provided should not be utilized for any illegal activities. Users are prohibited from accessing networks, computers, or the information and services in a way that could harm or disrupt them or interfere with others' usage. Unauthorized access attempts, including using someone else's login credentials, are strictly forbidden. Any attempt to solicit login information or access another user's account is a direct violation of the Terms of Use and applicable laws, including privacy and security regulations, as well as laws against unfair or unethical business practices.
The user agrees and acknowledges that the interactions between registered Service Providers and the user, including prescriptions, on the platform will be accessible to Medtotes. This access is for the purpose of monitoring the quality of consultations.
Any services obtained from the platform are strictly for the personal use of the user. The user acknowledges that the services received are not transferable to others for profit
The user is solely responsible for maintaining the necessary computer equipment and Internet connections required for accessing, using, and transacting on the platform. Ensure a continuous internet connection until the transaction is completed.
The user is obligated to use the platform for reasonable and lawful purposes only and shall refrain from engaging in any activity not intended through the platform.
The user should use this platform, as well as any vouchers/coupons purchased through it, for personal, non-commercial purposes only. Reselling to others is not allowed unless specified otherwise.
The Content on the Platform, including text, graphics, user interfaces, sounds, music, artwork, and computer code, is the exclusive property of Medtotes. The design, structure, coordination, expression, look and feel, and arrangement of this Content are safeguarded by copyright, patent, trademark laws, and other intellectual property rights.
The User acknowledges and agrees not to copy, republish, post, display, translate, transmit, reproduce, or distribute any Content through any medium without obtaining the necessary authorization from Medtotes for such Content.
The trademarks, logos, and service marks displayed on the Platform ("Marks") are the property of Medtotes or their respective Service Provider. The User is not permitted to use the Marks without the prior consent of Medtotes or the relevant Service Provider that may own the Marks.
Unless otherwise specified or stated to the contrary, and unless it pertains to proprietary material owned by a third party as expressly mentioned, Medtotes holds all intellectual property rights to the trademark 'Medtotes' and the Platform. This includes but is not limited to copyrights, patents, designs, trade secrets, and all other related rights.
User agree to indemnify, defend, and hold harmless Medtotes, including its affiliate vendors, agents, and employees, from any and all losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements, with applicable interest). This indemnification is applicable to assertions against or incurred by Medtotes resulting from any breach or non-performance of representations, warranties, covenants, or agreements made by User in accordance with these Terms of Use. Furthermore, User undertake to keep Medtotes free from any claims made by third parties related to use of the Platform, Allegations that caused harm to a third party, violated the Terms of Use, or infringed on rights of another, including intellectual property rights, should be addressed and resolved as per the Terms of Use.
Medtotes, its officers, directors, employees, partners, or suppliers will not be held responsible for any special, incidental, indirect, consequential, or punitive damages that may arise from User’s use of the platform. This includes situations where User might lose data, experience disruptions, or face financial losses. Regardless of whether these damages were foreseeable or if Medtotes was aware of the possibility, the platform disclaims liability. This disclaimer applies to various legal scenarios, such as breaches of contract, warranty issues, negligence, or other wrongful actions i.e. tortious actions, all related to your use of the platform, its services or materials.
Medtotes is not liable for any breach of contracts between the User and Service Providers. The platform cannot guarantee the performance of the Service Providers. Medtotes is not obligated to intervene or settle disputes between Users and Service Providers.
Medtotes does not possess any right, title, or interest in the services offered by the Service Provider, and it assumes no obligations or liabilities for contracts between Users and Service Providers. Medtotes is not accountable for unsatisfactory or delayed service performance or damages caused by products that are out of stock, unavailable, or on backorder.
Medtotes is not liable for legal matter arising from user-generated content, such as intellectual property disputes or privacy issues. Medtotes is not liability for misuse, loss, alteration, or unavailability of user content on the platform. Users are primarily responsible for their posted content.
Medtotes is not liable for any loss resulting from unauthorized use of User's Account. While Medtotes aim for accurate information, and Medtotes don't warrant its quality, accuracy, or completeness. We're not responsible for delays or disruptions on the Platform, and any material downloaded is at the User's risk. Medtotes is not liable for errors or omissions in the information provided by itself or its Service Providers.
Medtotes is not liable for delays or disruptions in the Platform's functionalities or the provision of information, software, products, or related graphics, whether due to contract, tort, negligence, strict liability, or other reasons.
Medtotes is not liable for the unavailability of the Platform during scheduled maintenance or any unforeseen suspension of access due to technical reasons or circumstances beyond Medtotes's control.
User expressly agrees that use of the Platform is at User’s own risk
Medtotes aims to partner with service providers who are committed to deliver services of the highest quality standards. The Service Provider is liable for maintaining quality treatment standards and the outcomes of the services rendered to the patient. Medtotes does not provide a warranty for any loss, damage, or injury incurred by the User or any other individual receiving the services from the Service Provider.
Medtotes does not provide a warranty that:
Medtotes reserves the right to terminate User's access to the Platform without notice if there is a violation of these Terms. User acknowledges that such violation may cause irreparable harm to Medtotes, and Medtotes may seek injunctive relief in addition to other available remedies.
If Medtotes takes legal action against the User due to a violation of these Terms, the User agrees to pay all reasonable attorneys' fees and costs incurred by Medtotes in addition to any other granted relief.
Termination
The Terms will remain in effect until either the User or Medtotes terminates the agreement. If the User wishes to terminate the agreement with Medtotes, they can do so by refraining from accessing the Platform.
Medtotes can terminate the Terms (or part of them, like specific Additional Terms) with the User at any time, with or without notice, if:
The User violates any provisions of the Terms, Privacy Policy, or other applicable terms.
Medtotes is legally required to terminate the services to the User.
Medtotes deems the provision of services to the User no longer commercially viable.
Medtotes decides to discontinue access to the Platform or services, with or without reason.
Medtotes can terminate or suspend User's account or access to services with or without reason. This may involve:
User acknowledges that Medtotes has the authority to terminate User's account or access to the Platform at its discretion. Medtotes is not liable to User or any third party for such termination, including the deletion of User's Account Information.
These Terms, all transactions on the Platform, and the relationship between the User and Medtotes are governed by Indian law. Any claims or disputes related to the Platform, the Terms, transactions, or the User-Medtotes relationship shall exclusively fall under the jurisdiction of Hyderabad courts, India. In the event of a legal dispute between the Service Provider and User, the jurisdiction will be determined by the city where the service was availed.
If you encounter any abuse or violation of these Terms or become aware of objectionable content on the Platform, please report it to Medtotes's customer support.
The user expressly agrees to receive communications regarding the products and services offered through the platform via email, Medtotes app notifications, SMS, and phone calls.
All notices from Medtotes will be provided through email or general notifications on the platform. If the user needs to send any notice to Medtotes as per the terms, it should be directed legal@medtotes.com for any legal notice to Medtotes and/or the service provider, it must be sent through registered post.
The user is not permitted to assign or transfer the Terms, or any rights provided herein, to any third party. Medtotes has the right to freely transfer its rights under the Terms to any third parties without requiring the user's consent.
Medtotes will not overlook or absolve any breach of these Terms of Use without a written agreement or consent that is signed by Medtotes. Such consent or waiver for a breach by Other Parties applies only to that specific breach and does not extend to any other subsequent breaches.
Applicable Law refers to any national, state, local, or other laws, regulations, rules, ordinances, constitutions, and principles of common law. It includes notifications, guidelines, policies, directives, judgments, decrees, and orders from governmental authorities, statutory bodies, courts, tribunals, or recognized stock exchanges, having the force of law.
If a particular provision is deemed invalid, unenforceable, or contrary to the law, the doctrine of severability allows that specific provision to be separated or "severed" from the rest of the document. The remaining valid provisions can still be upheld, ensuring that the overall agreement remains in force to the extent possible.
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