Mediquince Terms and Conditions:

These terms and conditions (commonly known as TOS or ToS, ToU, or T&C) are the legal agreement for using the website and mobile application of Mediquince. When you visit this website or mobile app, we assume that you have already read and accepted all the terms and conditions. If not, then read the full Terms and Conditions and access the website and mobile app again. However, if you do not accept all our terms and conditions, please leave the website and close the app.

Here at Mediquince, we use the following terminology that applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and other agreements. In these Terms and Conditions, "User", "You" and "Your" refers to you, who are using this website / application / portal, have accepted the Company's terms and conditions. And the company is been described as "Ourselves", "We", "Our" and "Us". When we are using "Party", "Parties", or "Us", that means it's both the company and the user. The terms and conditions should be read along with our privacy policy, available here. This platform is owned by Mediquince and falls under the provisions of the Companies Act, 2013. All the terms were made, keeping the well-being of the company and the user in mind. The usage of the above terminology or other words such as "he"; "she" or "they" are also other terms to represent the users and the company, hence they refer to the same thing.

The Mediquince Application is operated by Mediquince Health Tech Private Limited (“MQPVT”), having its registered office at 1643, P.K.N Road, Ist Floor, Solai colony, Sivakasi, Tamilnadu 626189. When we use “Application” or "App" , that means its includes of all application under Mediquince platforms named like (Mediquince for Patients, Mediquince+ For Doctors, Mediquince for Auto Riders, Mediquince Pro for doctors)

Nature:

This agreement is only applicable to those who are using this platform. However, there are some primary criteria that you need to have. The terms and conditions of this website is applicable to all who use this website. Users of this website are divided into different groups such as:

User agrees and consent to receive all communications at the mobile number provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, he further authorize the Company to share/disclose the information to any third party service provider or any affiliates, group companies, their authorized agents or third party service providers.

1. GENERAL CONDITIONS

1.1 SERVICES:

Through the Application, We facilitate the purchase of Services offered for sale by providers. You understand and agree that MQPVT merely provide hosting services to you. All Services offered for sale on the Application are owned by Providers. MQPVT has no control over Provider Services and does not originate or initiate the transmission or select the sender/recipient of the transmission. The authenticity and genuineness of the Services made available by providers through the Application shall be the sole responsibility of provider. You understand and agree that Application shall have no liability with respect to the authenticity of the Services being facilitated through the Application

Use of Services

The Application may be used to access a variety of healthcare and related services. Depending on the status of your registration and subject to the limitations and restrictions imposed by the Agreement or by MQPVT , You may avail following services through the Application:

The aforesaid list of services is jointly referred to as “Services.”

You agree and acknowledge that the property and title in the drugs ordered by You shall stand immediately transferred to You upon the dispensation of drugs and the raising of the invoice at the concerned provider. Accordingly, the sale of drugs is concluded at the concerned provider itself. Post your acceptance of the medicines, drugs, the related Services would not be eligible for any exchange or refund.

1.2 Online Consultation

You are advised not to use the our online consultation services in case of any medical emergencies like accidents, bleeding injuries, burns, sexual abuse/assault, medicolegal cases or if You are in a critical condition. If you are a Registered User but do not satisfy the above pre-conditions, please do not avail the online consultation services. We will not be responsible or liable for any harm or loss that you may suffer if You elect to access those Services.

1.3 Rights

All intellectual property in and to the Application and all software, techniques and processes used in connection with the aforesaid, belongs exclusively to MQPVT or its licensors. As a User, You are granted a limited, non-exclusive, non-transferable license to access and use the Application as per the terms of the Agreement. Through Your use of the Application, by no means are any intellectual property rights impliedly or expressly granted by MQPVT to You in respect of such work

2. CONDITIONS OF USE

To access, register, and use our services through this website and app, you must be 18 years of age or older. Once you register and use our website after accepting this agreement, you confirm that you are 18 years of age or older and that you are an adult and have the right to access our website and mobile application.

3. TERMS of USERS:

3.1. TERMS OF USE APPLICABLE TO ALL USERS (PATIENTS)

This portion of the agreement is for all users, which are patients. In our policy, we shall collect all the necessary information and details regarding the patients. Users can add their family, give their personal details, book an appointment, take bed admission, book lab tests, track virtual queue, and see medical history.

Terms:

    1. After booking a bed, patients can not cancel that booking.

    2. When you are booking any consulting appointment, you can not cancel the consulting booking as per the time, a prior set of your chosen provider. The minimum time requirement is 30 mins.

    3. If you want to book a consulting slot as per the time a prior set of your chosen provider, you need to book it a minimum of 15 minutes prior.

    4. If you booked an appointment and were unavailable to visit the hospital at the time and your phone was unreachable, we still could not cancel your booking.

    5. If you cancel any appointments, we will pay the hospital on your behalf since they have already registered your appointment. You will receive your refund money after (Transaction Fee + Service Fee) gets deducted, and the rest of the amount will get credited to your wallet only.

    6. When you book a meeting, you must visit the hospital a minimum of 15 minutes before your scheduled meeting time.

    7. Once you have submitted your booking cancellation request, the amount will be refunded within 48 hours (2 days) in your wallet. The amount will only be available in your wallet.

    8. You can book a video call on Webex. However, then you must install the Webex application on your mobile phone.

    9. When you're deleting or deactivating your account, you will lose all the access to your personal and any of your family member's profiles.

    10. After you deactivate your account, make sure that there are no pending or open bookings for you and your family members.

    11. If your account is under review status (or) Inactive status, you will no longer be capable of updating any data on your profile.

    12. If you want to downgrade a parent account to a child account, then make sure that there is zero balance on the parent's wallet and no other family profiles underneath.

    13. If you delete one of your relative profiles, then make sure that to OutPatient(OP), and there should not be any upcoming booking at any hospital.

    14. When looking for a video meeting, you must add your email address to your profile.

    15. If you are already InPatient, you can not book another appointment unless you get discharged.

    16. When you're booking a bed, the only amount that will be applicable for pay is your bed admission only. However, there shall be some additional charges added to your bill when you visit the hospital.

    17. Patients can not book for any slots that have already expired. You can only book one slot at any one hospital.

    18. When you book a slot in the hospital, the doctors can sometimes postpone your booking slot. You have the full right to decide whether you want to accept this postponed slot or not. If you do not accept this postponed slot, your total amount of booking will be credited to your MEDIQUINCE Wallet within 48 hours.

    19. If your bed admission is in progress, you can not create any more new bookings until the bed booking gets canceled or approval from the hospital.

    20. To help you keep your account more secure against any device loss or recover your account, you must answer a few Mediquince security questions (recommended).

    21. If any hospital does not give any response regarding the bed booking in more than 3 hours, it will automatically decline the bed booking, and your total amount of booking will be credited to your MEDIQUINCE Wallet within 48 hours.

    22. You are allowed to send invite links to up to 5 people only. If any invitee user signup to mediquince with your referral code, then you get some amazing rewards, and the reward amount will be credited to your wallet.

    23. In Mediquince, you can only have one parent account in the unique phone number. If other accounts are found with the same phone number, the accounts go to the review status. Once your account goes to the review status, you have to raise tickets to the support team.

 

3.2 TERMS OF USE APPLICABLE TO ALL Doctors (PROVIDERS)

    1. When looking for a slot in the hospital, you must enroll in the Razorpay account to connect mediquince. Once your Bank account is verified by mediquince, you can use the enable (or) disable mode for the online booking, Bed booking, and Video meet booking.

    2. In a video meeting, you need to set up a Webex (or) zoom account to enable and connect the video call feature and create a slot for video call booking in consulting calendar.

    3. There are different billing & plan subscriptions. So if your billing & plan subscription includes call consulting and video meet consulting, you can only create a slot for call consulting.

    4. When you're creating or booking a slot for either a physical visit, Phone call, or video meeting, they will show in the bookings schedule slot.

    5. You must set the booking before your profile. It uses for patients before booking your consulting time.

    6. You must also set the cancel booking before your profile. The patient uses it before canceling a booking on your consulting time.

    7. If you want to postpone the pre-schedule consulting slots, you should do it at your own risk. Other patients may just accept your postponed schedule slots. If any patients do not accept your postponed schedule, the booking will get canceled, and after deducting the Transaction Fee + Service Fee, the remaining amount will be credited to your bank account.

    8. Hospitals can accept or decline any patient bed booking. If you decline the bed booking, it will deduct (The transaction Fee + Service Fee) from your account.

    9. Once a patient makes a booking, then you need to give a response of that patient's bed booking in not more than 3 hours. If so, then the booking will be canceled, and we shall deduct (The transaction Fee + Service Fee) from your account.

    10. You need to set the visibility range in the profile. The visibility range is based on the accessibility of your hospital in Mediquince app.

    11. You must set the starting card number in your profile. These patient card numbers are unique in each hospital.

    12. You must set the reminder booking in your profile. It uses to patient remind to their booking on your consult.

    13. You should set your working hours set in each day of your profile. It uses to show the hospital's working hours in mediquince app.

    14. If you have completed any consulting bookings, then the total amount of all consulting bookings of the day will be credited to your account within 24 to 48 hours.

    15. If your consulting slot is assigned to another doctor of your organization, you may connect with Mediquince Doctor's helpdesk.

 

3.3. TERMS OF USE APPLICABLE TO ALL Nurses (STAFFS)

Nurses can use the website to check which doctor has taken, how many appointments, and how many beds are available or not. They can keep track of all the patients and can view their medical hospital data.

1.    If the hospital nurse is responsible for any data deletion or misused information, then we won't be responsible.

2.    Staff can have access to create provider content. This is only when the provider has actually given permission.

3.    They shall not act as providers.

4.    We are not responsible for any treatment or other important hospital services provided by staff.

4. Information collected:

In this provision of the agreement, we shall collect all the hospital info, personal info, doctor certification copy, and bank information for online transactions, the video meet account, and all the requirements for zoom, Webex, and google meet.  The information stored on the Application may be entered by You or by a provider in the course of services provided by us. The information collected as part of the Services may be stored on Your mobile device as well as on any third-party cloud platform (“Cloud Service Provider”) or server (“Storage Service Provider”). All User or Provider data  shall be recorded, saved and stored electronically on a secure cloud database/server managed by the Cloud Service Provider / Storage Service Provider. MQPVT will however not be responsible for any cyber data theft from its Application or the Cloud Service Provider’s/ Storage Service Provider’s databases. We reserves the right to permanently delete User Content in case the User does not avail a Service for a period of 1 year

5. CONSULT (Domestic - India) :

Mediquince provides you with consultation, a service of ours that lets users and doctors communicate. This service is a paid mode service. Additionally, users can also have permission to access this same service via online mode (on our Website/ platform) and offline mode (at the hospitals). The purpose of such consultation is for users to find the best doctors in their specialized fields and where users can book appointments with them. Hence the scope of this service is given in full detail and has been referred to as "Consult".

The following terms and conditions expressed herein should be understood, acknowledged and agreed upon by the users beforehand.

1)    Users are free to select the doctors through certain events like Q&A offerings. If, in any case, you can not select the doctor, then our system will use an algorithm/software program to select the best suitable doctor for you.

2)    If the doctor gives the same prescription as the prescription provided in the online consultation, although examination of patients varies among individual doctors, in no cases shall the users rely upon the prescription provided by the doctors as the final solution.

3)    The user should only agree to take the advices from the doctor via the website in accordance to:

a)    If the treatment is ongoing with their doctors.

b)    If you have a condition that doesn't require emergency treatment, any physical examination or serious medical attention.

c)    If you have past medical history with them as reference.  

d)    If the doctor has taken a physical examination of you before and has the report with them. Or if you have one via your local medical doctor.

e)    If you want to consult with their medical doctors before changing their ongoing treatment.


4) When the user is using consult, he/she agrees that the doctor for the consultation shall not conduct any physical examination of them. Therefore, they will not be able to get any important information that is usually obtained via a physical examination. He/she has to acknowledge and agree with it and that they are willing to agree and able to assume certain risks involved in this limitation.

5) When you are using consult, you need to understand that this is not a proper substitute for treatment that otherwise requires physical examination/immediate consultation. Additionally, you also need to fully comprehend that all the advice given by the doctor on this website is based on general medical conditions and their own knowledge and practices prevalent in India. Some conditions are different outside India; doctors may or may not be able to comprehend such conditions.

6. TERMS OF THE PRODUCT SERVICE

We provide you with the following services through this Platform. These services are available only to the doctors.

For providers only:

    1. We offer different plans. In case of a plan upgrade and downgrade may impact the doctor. Thereby they should read the full plan details well and then accept it if they are satisfied with it.

    2. Plans are only available for upgrading. You can not downgrade any plans.

    3. Payment for online consultation will be settled to your business bank account only after every 48 hours.

    4. If there are any online booking cancellations, the amount deducted will be calculated and reduced on your settlement date.

    5. The Commission amount will be given to the first 100 signup providers only. The amount may be agreed upon with every provider on the signup verification after they make the deal.

    6. The default commission amount starts from Rs 5 for every booking. It may vary to every organization depends up on their initial plan choose and terms agreed with us. The total amount of your commission money will be given on your settlement date only.

We offer medical software with a well-connected cloud service. Our medical software is a robust program that allows hospitals to create an exceptional patient experience. Once you have subscribed to our product service, you will be immediately eligible to avail the benefits covered under the  Product Service as under:

Please refer our plans and pricing here   https://mediquince.com/pricing.

The Application and Services may be subject to certain limitations, such as, limits on storage space, limit on OP, limit on users, limit on lab & scans,limit on bandwidth, unexpected downtime, unavailability of hospitals  due to unforeseen circumstances, etc. MQPVT reserves the right to schedule/reschedule/cancel appointments and swap hospitals at any time without prior intimation if any consent received from providers / patients. MQPVT shall maintain a detailed transaction & purchase history of Users online.MQPVT reserves the right to change subscription plans anytime without prior intimation. Any modification, development, maintenance or updating of the Application and any modification, transfer, license or assignment of the rights in the Application shall be done by NTHS as per its sole judgment and in its sole discretion.

 

7. USAGE TERMS:

This section of terms and conditions provides information sources on medicines and/or medicinal products and offers other critical details for your understanding. Such information is included but not limited to different components or elements used in the manufacturing of such medicines and/or medicinal products.

7.1 Usage of medicines

We do not supply or sell any medicines, book or any surgery, do not offer lab, do not scan, do not anything related to scanning issues, and do not deal with medicine allergy or surgery fail.

    1. If there is any loss due to fire or accidents on corresponding medical providers, and hospitals, then mediquince will not be held responsible.

    2. We are not drug licensors. Therefore we are not responsible for any medicine prescribed by the providers.

    3. We are also not responsible for any health issues that arise after the treatment. In any case, patients should consult with the corresponding hospital and providers.

    4. We can only book appointments. After that, all the fees regarding treatment and medicine are for the indicative purpose of the hospitals only.

7.2 APP USAGE:

MQPVT is the author and publisher of the Application, which shall mean the mobile application, website,  queries answered by Our team over email, phone or any other medium and all variants, tools, editions, add-ons, and ancillary products or services of the Application (including all files and images contained therein or generated by the software, and accompanying data, herein referred to individually or collectively as “Application”). The Application may be used by Users (defined below) to avail Services and/or to find, access, manage and organize information including but not limited to personal or non-personal information, doctor/consultant information, appointments, prescriptions, laboratory and diagnostic tests, drug delivery, electronic medical records, billing, inventory, accounting details and other relevant information.

If you want to access all the benefits of our app, you can do so. You can avail one or more of the following benefits when you're booking appointments through our website or app:

The benefit also includes an enhanced listing card with a Prime badge for the doctors. They are committed to offering the above-mentioned benefits to you, the users of our application.

For patients:

    1. You can check for the verified doctors by seeing the NMC verified seal.

    2. You can check the clinic's address and view the total distance from your location.

    3. Find the best rating doctors, and learn about their educational qualifications.

    4. You can choose specialized doctors for your particular health problems.

    5. You can also choose and check the availability of the dates that you've chosen.

    6. You can choose a suitable payment method for your online payment process. For example, you can use cards, UPI, or net banking and Wallet.

    7. Mediquince offers wallet money for only to patient to book appointment with in the app. User can recharge wallet money by paying thru our online patient app.

    8. We collect only a 2.83% transaction fee + service charge of Rs 50 for every online booking.

For doctors:

    1. Doctors can check whether the patients are verified or not.

    2. You can check their credibility by calling them or getting to read all information shown in the application about the patients.

    3. You can also update any patient's profile and medical data in the portal.

    4. You can view all your booking slots in your consulting calendar for open bookings.

    5. You can change or edit the valid bank account details and details of the account for the online transaction.

    6. You can even check the status of any payment, whether it has been approved or failed.

    7. You can connect your video meet providers with the mediquince app for video calls. All calls will be recorded for avoid any misuse and malfunctioning.

    8. User can do call consulting thru our mediquince+ app and all calls will be recorded for avoid any misuse and malfunctioning.

    9. You can check the status of your internet connection. It should not be less than 20Mb speed.

    10. You can create backups of your data on your own.

    11. You can check all the reports and stats to analyze your graphs of activity for earnings, expenses, consulting, and revenues.

    12. It is user wish to use our integrated AI mechanism for medicine prescripe. Mediquince won't responsible for any expired or illegal medicine provided by clinic.

    13. There shall be no fee payment for your offline appointments. Credits will be reduced for your OP Entry, OP Completion,  and patient entries.

    14. Any incomplete OP entries will be auto cancelled by our AI system and credits will be reduced from provider account.

    15. Mediquince provides 2 factor authendication for security purpose also strongly generated password is recommended. MQPVT is not responsible against any data leakage by using in secured password or any unauthorised person.

8. TERMINATION

For users:

Deactivate users- When a user has deactivated his/her account, the user information will remain, and they can return to the website and activate their account within 1 year. However, if he/she does not activate their account within 1 year, their complete user information will be erased from the servers permanently.

For Providers:

If a doctor wants to cancel his/her subscription to the Health Plan Services during the period, we will deduct a maximum amount of Rs. 5,000 (Five  Thousand) or the actual value of the usage, whichever is higher, and that amount will be taken from his/her bank account. All the information related to the doctor, such as his/her profile and his/her booking schedule, will be deleted from the cloud server. If they have any backups, then they can download them from our portal, or we will email them with the file.

9. LIMITATION OF LIABILITY

In any case, shall MEDIQUINCE or any of its directors, agents, officers, employees or service providers be held responsible for any special, incidental, direct, indirect,  collateral, or exemplary damages which have arisen from or else are directly/indirectly related to the usage of this website, the contents within, services and User’s information via the website, lost business or lost End-Users. These are protected entities, and we shall not be held liable for any of its losses. In the case where these Protected Entities will be liable for:

The total liability of the Protected Entities for any damages, losses, and causes of action directly or indirectly, including, but not limited to, negligence or otherwise, which has risen from this agreement and falls to a User. In such cases, the combined about would be Rs. 1000/- (Rupees One Thousand Only).

10. APPLICABLE LAW AND DISPUTE SETTLEMENT

Using our website and the agreement between you and us shall be governed by the laws applicable in India. It shall be with no regard to the conflict of law rules. In case of a dispute related to the usage of our services and our policies, it shall be resolved in the courts of India.

11. CONTACT INFORMATION SUPPORT OFFICER

If you have any queries, complaints, comments, or information regarding our services, Terms and Conditions, and Privacy Policy, you can contact or seek help at https://mediquince.com/helpdesk, or you can email us at support@mediquince.com. Once you have raised a complaint, a ticket number will be generated and shall be given to you. You can check and see the status of your complaint using that ticket number.

You can also visit our helpdesk directly. Our address is:

MEDIQUINCE HEALTH TECH PRIVATE LTD

1643 p k n road

Solai colony

Sivakasi, TN

India

12. SEVERABILITY

If the law of India deemed any provision of the Agreement invalid, as per the applicable law, or deemed enforceable by the court of competent jurisdiction, then that provision of the agreement shall be removed and will remain inapplicable. The rest of the agreement will be interpreted as though such provision had been excluded and will be enforceable according to its terms. In such an event, the agreement will be interpreted with a purpose to give an effect, to the best extent, consistent and authorized with the aid of using relevant law, which means that the goal of the excluded provision as decided with the aid of using such courtroom of jurisdiction or arbitral tribunal.

13. WAIVER

There shall be no waived and no breach excused to any provision of this agreement. If any such waiver or consent has been written and signed by MEDIQUINCE, only then the waiver or consent shall be deemed. In case of any consent by MEDIQUINCE or a waiver by MEDIQUINCE of any breach by you, even if it's expressed or implied, it will not make any consent to, waiver of, or excuse for any other breach.

14. Refund Cancellation policy:  

For providers:

    1. Upon cancellation of a bed booking, 5% from the bed admission will be deducted.

    2. If you cancel any video/call/direct consulting, 2.83% will get deducted.

    3. We are not responsible for any offline booking cancellations done by hospitals.

For patients:

    1. If you cancel any video/call/direct consulting, it will deduct the service fee + 2.83%

    2. If you deactivate your account with a wallet balance, the money will be refunded to your verified bank a/c after 10 days of account deactivation.

    3. Any refund money will be credited to your wallet account only.

15.  Links to third party sites

The Website may contain links to other websites (Linked Sites). The Linked Sites are not under the control of MQPVT or the Website and MQPVT is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MQPVT is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. MQPVT is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by MQPVT or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns there of.

MQPVT is not responsible for any errors, omissions or representations on any Linked Site. MQPVT does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

16.Governing law

This agreement and each TOS shall be governed by and constructed in accordance with the laws of india without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of chennai.

Prohibition against unlawful use

As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the TOS including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.

17.Opt-Out

Our policy requires that our customers will have an active opt-out option, and we will respect opt-out requests in accordance with applicable laws, regulations, and this policy.

 - By clicking “De-Activate” button on our mediquince ios / android application.

 - By Send customer support to De-Activate the user account