1. Who is b2c?
B2C Digital Pvt. Ltd. (“MEDBOXTM”) is the author and publisher of the application MEDBOXTM, and all variants, editions, add-ons, and ancillary products or services of MEDBOXTM (including all files and images contained in or generated by the software, and accompanying data, together the “Software”). MEDBOXTM also operates the internet resource http://www.medbox.mobi (“Application”) on World Wide Web which is used to access MEDBOXTM Software. MEDBOXTM Software is used at healthcare practices (“Practices”) by healthcare providers (“Practitioners”, which term shall also include designated associates of the healthcare providers who would use MEDBOXTM Software), and clients of the healthcare providers (“Patients”, which term shall also include members of public who search for doctors on the Application anonymously or as a registered user of the Application) to find, manage and organize information including but not limited to personal or non-personal information, practice information, appointments, prescriptions and medical records. All users of the MEDBOXTM Software - the Practitioners, Patients, Pharmacists and the visitors of Application are together termed as “Users”.
2.2 You must be 18 years of age or older to register, use this Software, or visit or use the Application in any manner. By registering, visiting the Application or accepting this Agreement, you represent and warrant to MEDBOXTM that you are 18 years of age or older, and that you have the right, authority and capacity to use the Application and the Software available through the Application and agree to and abide by this Agreement.
2.3 The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
- the Indian Contract Act, 1872,
- the (Indian) Information Technology Act, 2000, and
- the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
2.4 A condition of the User’s use of and access to the Application and the Software available through the Application provided by MEDBOXTM to Users (together with the Application, the “Services”) is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this computer resource / the Application immediately and immediately discontinue use of all Services.
2.6 MEDBOXTM authorizes the User to view and access the content available on or from the Application solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Application, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Application (collectively, "MEDBOXTM Content"), are the property of B2C Digital Pvt. Ltd. and are protected under copyright, trademark and other laws. User shall not modify the MEDBOXTM Content or reproduce, display, publicly perform, distribute, or otherwise use the MEDBOXTM Content in any way for any public or commercial purpose or for personal gain.
2.7 Multiple people are not permitted to share the same/single log-in.
2.8 If you are an employee, consultant, intern or are in any way associated to the Practitioner that has subscribed to the Services and the subscribing Practitioner has authorized you to use the Services, this Agreement is a three-way agreement between you, the Practitioner and B2C Digital Pvt. Ltd. Both the Practitioner and B2C Digital Pvt. Ltd. may seek recourse against you for any violation of the terms of this Agreement.
2.9 Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their user name or right to use the Service to any third party. You, the User, are solely responsible for the way anyone you have authorized to use the service uses the Services, and for ensuring that all of your such users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such user shall be deemed to be a violation thereof by you.
3. Services and use of Application
3.1 MEDBOXTM provides Software through the Application, a healthcare management solutions as a Software as a Solution (SaaS) model. B2C Digital Pvt. Ltd. is not responsible for and does not deal with any of Practitioners’ client or patient managed by User through the Application and only provides Services to User through the Application.
3.2 User shall not access the Services if the User is MEDBOX’s direct competitor, except with MEDBOX’s prior written consent. In addition, the User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.3 MEDBOXTM will provide to the User basic support for the Services at no additional charge, with reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for (i) planned downtime, or (ii) any unavailability caused by circumstances beyond MEDBOXTM’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider failures or delays. MEDBOXTM will provide the Services only in accordance with applicable laws and government regulations.
3.4 The Services may be subject to certain limitations, such as, limits on disk storage space, and, other limitations dependent on the User Plan, for example, number of SMS, number of appointments, number of users or accounts, validity of subscription. The Services provide real-time information to enable User to monitor such User’s compliance with such limitations.
3.5 Notwithstanding anything to the contrary contained herein, Practitioner alone shall be liable for Practitioner’s dealings and interaction with Patients contacted or managed through the Services and MEDBOXTM shall have no liability or responsibility in this regard. MEDBOXTM does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by Patients or any third party through the Services. The Services should not be used for emergency appointment purposes.
3.6 MEDBOXTM may, at its sole discretion, suspend User’s ability to use or access the Application at any time while MEDBOXTM investigates complaints or alleged violations of this Agreement, or for any other reason.
3.7 MEDBOXTM reserves the right to curate Practitioner information available in its Application to improve the quality of information and to make them more suitable for Patients who use the Application to search for a Practitioner. In case Users find any wrong information on the Application in relation to themselves, they can rectify it themselves or contact MEDBOXTM immediately for rectifications. MEDBOXTM shall have no liability or responsibility in this regard.
3.8 MEDBOXTM automatically lists Practitioners’ information on its Application for every ‘Doctor’ information added to a Practice using its Software. The Practitioner information listed on Application is displayed when Patients search for doctors on Application, and the Practitioner information listed on Application is used by Patients to request for doctor appointments. The Practitioners’ information on Application continues to appear even after the Practice removes the ‘Doctor’ information from its Practice information as stored in Software or the Practice ceases to be a paying subscriber or the Practice terminates its subscription. MEDBOXTM, on its own, does not list any Personally Sensitive Information of such Practitioners.
3.9 The Application accepts online appointment requests for all practitioners listed and displayed on its Application. MEDBOXTM takes all essential steps to duly inform Practices via phone and email for appointment requests made on Application. However, it is possible that some appointment requests do not reach the Practices at all or in a timely manner due to technical or operational reasons including but not limited to cases when Practices do not respond to phone calls made by MEDBOXTM or when Practices do not read emails sent by MEDBOXTM in timely manner. MEDBOXTM shall have no liability or responsibility in this regard.
3.10 While MEDBOXTM makes every feasible effort to ensure a confirmed appointment for a Patient who requested an appointment on Application, MEDBOXTM does not guarantee that it will get a confirmed appointment. Further, MEDBOXTM has no liability if such appointment is confirmed but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.
3.11 Certain Services (including ancillary products or services) may be subject to additional limitations, restrictions, terms and/or conditions specific to such Services or Software (“Specific Terms”). In such cases, the applicable Specific Terms will be made available to you and your access to and use of the relevant Services or Software will be contingent upon your acceptance of and compliance with such Specific Terms.
3.12 MEDBOXTM reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of its Software or Application or both at its discretion. All Users of its Services will be duly notified upon release of such newer versions and MEDBOXTM reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems fit.
4. Collection, Use, Storage and Transfer of Personal Information
- The type of information collected from Users, including sensitive personal data or information;
- The purpose, means and modes of usage of such information; and
- How and to whom MEDBOXTM will disclose such information.
- the fact that the information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- the name and address of the agency that is collecting the information and the agency that will retain the information; and
- the various rights available to such Users in respect of such information.
4.4 Each Practice and its users of Software will be responsible for obtaining explicit consent from their Patients before storing Patient data in Software.
4.5 MEDBOXTM shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to MEDBOXTM or any other person acting on behalf of MEDBOXTM.
4.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. Although MEDBOXTM will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MEDBOXTM or others due to such unauthorized use.
4.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or MEDBOXTM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MEDBOXTM has the right to discontinue the Services to the User at its sole discretion.
4.9 MEDBOXTM may use information stored in its Services from time to time for the purposes of debugging customer support related issues.
5.1 As mandated by Regulation 3(2) of the IG Rules, MEDBOXTM hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right to;
- 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;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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.
5.2 The User is also prohibited from:
- violating or attempting to violate the integrity or security of the Application or any MEDBOXTM Content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Application that is disruptive or competitive to the provision of Services by MEDBOXTM;
- intentionally submitting on the Application any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Application;
- copying or duplicating in any manner any of the MEDBOXTM Content or other information available from the Application;
- framing or hot linking or deep linking any MEDBOXTM Content.
5.3 MEDBOXTM, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in S. 5.2 above, shall be entitled to disable such information that is in contravention of S. 5.2. MEDBOXTM shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
6. Sharing of Personal Health Record
6.1 PHR that is Personal Health Record that can be shared only after users/patient’s consent or agreement. Whenever there is requirement to share PHR, users will be asked for approval or agreement. By clicking yes/OK/continue on sharing of Personal Health Record screen, user/patient agrees to share his/her personal health information/record to the treating doctors, other doctors or all the persons involved in providing better healthcare. If user agreed to this, then the persons involved or the persons to whom users are sharing their Personal health information/record are allowed to obtain, read and copy the health information in order to coordinate patient’s care. Patient’s health records may have information about illnesses or injuries, test results, x-rays, or blood tests; services and support patient are receiving; and the medicines patients are now taking or have taken before.
By agreeing to this, you give permission to disclose the records: Mental health HIV/AIDS and STD test results, diagnosis, or treatment. A copy of this form provides my permission to share records. Your health information is private and cannot be given to other people without your permission under Indian laws and rules.
6.2 If you are a medical practitioner then you cannot provide any information to other people by any means or intension. Once the personal health record is shared, you will not be able to change, modify or alter any information you have provided or to change mind to and take back consent at any time.
7.2 The User shall not hold MEDBOXTM responsible or liable in any way for any disclosures by MEDBOXTM under Regulation 6 of the SPI Rules.
7.3 The Services provided by MEDBOXTM or any of its licensors or providers are provided "as is," as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). MEDBOXTM does not provide or make any representation, warranty or guaranty, express or implied about the Application or the Services. MEDBOXTM does not verify any content or information provided by Users on the Application and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Application, the Services, the MEDBOXTM Content, representations and warranties made by the Users or the content or information provided by the Users on the Application or any opinion or suggestion given or expressed by MEDBOXTM or any User in relation to any User or services provided by such User.
7.4 MEDBOXTM assumes no responsibility, and shall not be liable for ways in which Patient data is used by Practitioners and other authorized users of Software at a Practice. It is the responsibility of the Practice alone to ensure that the Patient data either stored in Software or taken out from Software by printing or exporting to PDF, CSV or any other computer file format or data stored offline in mobile devices of users accessing Software through mobile applications published by B2C Digital Pvt. Ltd., is used in compliance to local privacy laws applicable to the Practice’s business transactions with Patients.
7.5 The Application may be linked to the Application of third parties, affiliates and business partners. MEDBOXTM has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Applications or made available by/through our Application. Inclusion of any link on the Application does not imply that MEDBOXTM endorses the linked site. User may use the links and these services at User’s own risk.
7.6 MEDBOXTM assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Application or the downloading of any material, data, text, images, video content, or audio content from the Application. If a User is dissatisfied with the Application, User’s sole remedy is to discontinue using the Application.
7.7 The Application may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized MEDBOXTM representatives or agents, and their opinions or statements do not necessarily reflect those of MEDBOXTM, and they are not authorized to bind MEDBOXTM to any contract. MEDBOXTM hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.
7.8 In no event, including but not limited to negligence, shall MEDBOXTM, or any of its directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Application or the content, materials and functions related thereto, User’s provision of information via the Application, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any service by Practitioners to Patients contacted or managed through the Application. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Application.
7.9 In no event shall the protected entities be liable for failure on the part of the Users to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the protected entities be liable for any comments or feedback given by any of the Users in relation to the services provided by a User.
7.10 The listing of Practitioners on the Application is based on numerous factors including Patients’ comments and feedbacks. In no event shall the protected entities be liable or responsible for the listing order of Practitioners on the Application.
8.1 User agrees to indemnify and hold harmless MEDBOXTM, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access to or use of Service, violation of this Agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. MEDBOXTM will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
9. Term, Termination and Disputes
9.1 This Agreement will remain in full force and effect while the User is a user of the Application in any form or capacity.
9.2 The User can terminate his/her/its membership with MEDBOXTM at any time by providing 30 (thirty) days’ prior written notice to firstname.lastname@example.org. We need this period to inactivate User’s account, only after verifying if there are any ongoing or pending Services or payments. MEDBOXTM may want the User to continue until the completion of an on-going Service should the situation warrant. The User shall be obligated to pay MEDBOXTM for any Services for which the User has procured.
9.4 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Application under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Application by such User. The User shall ensure that he/she/it has continuous backup of the Services the User has rendered in order to comply with his/her/its record keeping process and practices.
9.5 In cases where User terminates the subscription voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the subscription - Users data will not be available after termination of subscription in such cases.
9.6 MEDBOXTM reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Service and immediate termination of the User’s account with or without ability to access the Service, upon any breach by the User of this Agreement or if MEDBOXTM is unable to verify or authenticate any information the User submits to MEDBOXTM, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for MEDBOXTM to provide the Services to the User.
9.7 This Agreement and any contractual obligation between MEDBOXTM and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Ahmedabad.
9.8 All disputes will be subject to arbitration in Ahmedabad in English by a single arbitrator appointed by MEDBOXTM under the Arbitration and Conciliation Act, 1996.
9.9 Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
9.10 Any amendment in these Terms shall replace all previous versions of the same.
10. Severability & Waiver Contact Information
11. Contact Information
11.1 If any User has any question, issue, complaint regarding any of our Services, please contact our customer service at email@example.com.
11.2 If a User has any questions concerning MEDBOXTM, the Application, this Agreement, or anything related to any of the foregoing, MEDBOXTM can be reached at the following email address firstname.lastname@example.org or via the contact information available from the following hyperlink: https://www.medbox.mobi