Terms and Conditions

GENERAL TERMS

This Terms of Use (“Agreement”) is drafted in conformity with the Information Technology (Intermediaries Guidelines) Rules, 2011 specified under the Information Technology Act, 2000 in order to regulate the terms and conditions of usage and access to Website (defined hereinafter); Application (defined hereinafter) and the Services (defined hereinafter). No physical or digital signature is necessitated in order to validate this Agreement.

In this Agreement, the Website and all other social media, google, GMB and all other digital assets and Application shall be collectively referred to as “Medizon Home care”.

Whereas M/S Medizon Home care (“Medizon Home Care ”, “we”, “us” or “our”) is a Digital technology powered intermediary for healthcare services provider search with a unique model enabling display of the various home healthcare services provider utilizing its virtual platform and/or the mobility platform. The various health and wellness service providers offered through Medizon Home care Platform facilitating connecting with a Doctors / Nurses / Physiotherapists for home visit; and such other services as may be provided from time to time (“Services”). You may use our website www.medizonhomecare.com (“Website”) to avail our Services.

The Services offered through medizon Home Care Platform are subject to the following terms and conditions:

INTRODUCTION AND ACCEPTANCE

1. Medizon Home Care provides details of various health and wellness services providers who are willing to provide services at the doorstep of the customers and convenience through multiple platforms including the internet, mobile and telephone (“Third Party Service Providers”). Services offered through Medizon Home Care Platform are subject to the terms of our Website /Application, policies [i.e. Terms of Use, Privacy Policy, Cancellation and Refund Policy etc.] (“Policies”) available at our Website and Application. By contacting Medizon Home Care for the Services or availing the Services or by registering with us, now or in the future, you (“you”, “your”, “yourself” or “user”) signify that you will be subject to the rules, guidelines, policies, terms and conditions applicable to such Service, and they shall be deemed to be incorporated into this Agreement and shall be considered as part of this Agreement.

2. This Agreement applies to every user who uses or accesses the Services of Medizon Home Care. It also applies to any legal entity which may be represented by you under actual or apparent authority.
3. This Agreement applies to all Services offered by Medizon Home Care, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by you. In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
4. The Policies are subject to modifications, at the sole and absolute discretion of Medizon Home Care. Further, Medizon Home Care may from time to time formulate new policies for availing all or any of the Services. The most current version of the Policies will supersede all previous versions. Changes to the Policies or addition of new policies shall be notified on the Website / Application. Medizon Home Care may also intimate the changes to the Policies, through e-mail, messages and / or post, as per the details provided by you. Please make sure that you provide a valid email-id, mobile number and contact information and you update it as and when there is a change. Medizon Home Care does not intend to transfer Personal Information (defined hereinafter) without your consent to third parties who are not bound to act on Medizon Home Care behalf unless such transfer is legally required. Similarly, it is against Medizon Home Care policy to sell Personal Information collected online without consent. You understand that your use of the Services after any changes to the Policies or addition of new policies constitutes your acceptance to be bound by the most recent version of the Policies. If the Policies (including changes and additions thereto) are not acceptable to you, you have the absolute right to terminate your Account by writing to us info@medizonhomecare  or by reaching us at our address. For the purpose of this Term, “Personal Information” means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home.

GENERAL REGISTRATION REQUIREMENTS

5. We believe in providing simple and easy access to our Services. There may be few generic Services that you may use without registering and creating an account on the Website / Application for availing the Services provided by Medizon Home Care. However, there are other features and Services which will require you as a user to register and create an Account on the Website / Application (“Account”) by providing certain required information.
6. Medizon Home Care may share all or part of user’s information, including but not limited to, Personal Information in good faith and belief that access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as court order, or a request by law enforcement or governmental authorities.
7. You, hereby, expressly consent to receive communications and newsletters from Medizon Home Care through text messages and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from Medizon Home Care at any time by following the procedure set forth in the Website / Application. Any feedback you provide to this Website /Application shall be considered to be non-confidential. Medizon Home Care shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that:

• Your feedback does not contain any confidential or proprietary information of you or of any other third party.
• Medizon Home Care is not under any obligation of confidentiality, express or implied, with respect to the feedback; and
• You are not entitled to any compensation or reimbursement of any kind from Medizon Home Care for the feedback under any circumstances.

8. If the user provides any false information or Medizon Home Care has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, Medizon Home Care shall have full rights to suspend or terminate user’s Account and deny any and all current or future use of the Services.
   

USER INFORMATION

9. Medizon Home Care’s unique business model provides you with location based service providers in a short span of time. To facilitate this, you hereby authorize Medizon Home Care to use the location based information provided by any of the telecommunication companies when you use the Application to avail the Service. The location based information will be used only to facilitate and improve the Services for you.
10. We may record your telephone calls to our call centers or to us.

MEDIZON HOME CARE AND THIRD PARTIES

11. You acknowledge and agree that Medizon Home Care is only an intermediary between you and the Third Party Service Provider and that Medizon Home Care is neither a medical practitioner nor a pharmaceutical company or medicine provider and do not provide direct medical services. Medizon Home Care cannot in any manner be held responsible for any behaviour, negligence, conduct, actions or inactions on the part of the Third Party Service Provider that you may use through the Services. If you have any complaint in relation to the Service provided then that dispute must be taken up with the Third Party Service Provider directly.
12. Medizon Home Care will provide you with the Services through subcontracts with the third party (“Medizon Home Care Associates”),who may be verified by Medizon Home Care. In the process of delivering the Services, Medizon Home Care shall remain indemnified from any actions of the Medizon Home Care Associates.
13. Medizon Home Care is only into providing details of people looking for services, to the service providers looking for customers. You unconditionally agree and confirm to indemnify Medizon Home Care against Vicarious Liability, and further state that in any situation arising out of services provided by Third Party, if you go to police, court, or any other government authorities, you will not make Medizon Home Care party and liable for any loss /damage and claim compensation along with Third Party or independently to the Medizon Home Care. You indemnify Medizon Home  Care against vicarious liability.
14. The Services may entail links to third party websites / applications that are neither controlled nor owned by Medizon Home Care. Medizon Home Care has no control over the content on such websites and therefore devolves itself of all the responsibilities for the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and miscellaneous materials you may come across / access through, or contribute to the service and the privacy policies, terms of service or practices of any third party websites / applications. Further, Medizon Home Care is not authorized to edit any third party’s content. By using the Services, you expressly devolve Medizon Home Care of all its liability arising from your usage of any third-party website / application.
15. In order to provide Services to you, Medizon Home Care may use third-party software. If you try to separate the third party software from the Website / Application and then further use it any manner, which is inconsistent with the manner as enumerated in the third party software’s terms of use, is illegal or against public policy then you will be liable for the same according to the governing law and jurisdiction as mentioned in their respective terms of use and privacy policy. You also agree to indemnify Medizon Home Care to full extent for the said acts subject to the applicable laws.

AVAILABILITY OF SERVICES PROVIDED

16. The Services are available only to persons located in India. All or any of the Services offered through Medizon Home Care may be temporarily unavailable or may not be offered to you, for various reasons which could include but not limited to your medical conditions, age, geographic limitations, or prohibition / restrictions under applicable laws or Policies or due to any technical faults or interruptions. Further, you should be aware that the Medizon Home Care Associate has the right to reject provision of the Services to you at any point of time as laid down in this Agreement.

FEES OF SERVICES PROVIDED

17. Medizon Home Care or its Associate, as the case may be, has the right to charge fees for the Services and the fees charged may differ from time to time. Please ascertain the fee prior to availing any Service. By availing the Services, you will have consented to pay the applicable fees for the Service availed by you.
18. In case, Medizon Home Care, at any time under any circumstances feels, even after confirming fees that the fees shall be revised, Medizon Home Care reserves the right to revise the fees accordingly.

PAYMENT OF FEES OF SERVICES PROVIDED

19. Online payment of fees can be made by credit, debit card and net banking facility. These payments are not collected by Medizon Home Care directly but by the bank. The online payment system is provided by Medizon Home Care and its third party supplier/s. All prices quoted are in INR. Medizon Home Care reserves the right to change the fees at anytime. Your payment will be through merchant gateway facility of various Banks and intermediaries. We cannot accept liability for a payment not reaching Medizon Home Care account due to you quoting an incorrect account number or incorrect personal details. Neither can we accept liability if payment is refused or declined by the credit/debit card supplier for any reason. If amount is deducted from your account but not reflecting in Medizon Bank Account than it will considered as a payment not received, Services will not be provided in such a situation.
20. If the card supplier declines payment, Medizon Home Care has the right but no obligation to bring the fact to your attention. You should check with your bank / credit / debit card supplier that payment has been deducted from your account. All payment details which are entered through this payment gateway are encrypted when the user making the payment, enters them. Communications to and from the service provider’s application are encrypted.
21. Medizon Home Care shall not be liable for any failure by the user making payment of fees to properly protect data from being seen on their screen by other persons or otherwise, obtained by such persons, during the online payment process or in respect of any omission to provide accurate information in the course of the online payment process.
22. Medizon Home Care does not store or keep credit card / debit card data. Only Transaction Id, / Reference Id / No. is stored after completion of the online transaction to ensure the maximum security. Medizon Home Care uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands.
23. Medizon Home Care shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user’s account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

CANCELLATION AND REFUND POLICY

24. There is no cancellation, or refund for any payment from the customer as customer has agreed to utilize the services, and third party has already booked there time slots, and made arrangements to provide the service. In rare cases due to death refund may be provided within fifteen days of receiving sufficient proofs, and to the customer Bank account only.
25. Cancellation of services due to Force Majeure: Medizon Home care, and it’s third party associates will not be responsible for cancellation of service, deficiency of service, incomplete services due to Force Majeure eg. Heavy rain fall, and water logging, Train / Metro / Bus etc. public and private transportation disruption due to Rains, technical fault, Bandh, Strike etc. and any such reason.

CONSENT OF CUSTOMERS

26. Certain Services may require physical examination or contact with you. By availing such Services, it is deemed that you have provided your consent to the agent, employee, consultants or staff of Medizon Home Care and / or Medizon Home Care Associate to visit your premises and undertake necessary actions to perform the Service.
27. This consent provided by you shall be valid for all the Services availed from Medizon Home Care at present or in the future. You have the right to withhold or withdraw your consent for any of the Services at any point of time and inform us of such withdrawal through e-mail or by contacting the customer care. Irrespective of such withdrawal of your consent, all dues outstanding for the Services availed shall be settled by / to you.
28. You, hereby, represent and warrant that you have all necessary rights in and to all information you submit to Medizon Home Care and enter into Agreement and all of the information provided by you to Medizon Home Care to avail the Services is correct and updated. In addition, you also agree that any information you post in public areas of the Website / Application shall not:
    1. be fraudulent;
    2. infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
    3. violate any law, statute, ordinance or regulation;
    4. be defamatory, libelous, abusive, threatening or harassing;
    5. be obscene, vulgar, profane, indecent or contain pornography, child pornography, or photographs of unclothed person(s);
    6. transmit content that encourages or provides instructional activities about illegal activities, in particular hacking or phishing;
    7. solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
    8. attempt to resell, redistribute, broadcast or transfer the information or use the information derived from the website in a searchable, machine-readable database;
    9. use the website to collect personal information about users of the website in violation of our privacy policy;
    10. use the website to collect personal information about users of the website in violation of our privacy policy;
    11. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
    12. link directly or indirectly to any materials to which you do not have a right to link to or include.
29. Medizon Home Care reserves the right (but not the obligation) to monitor all user postings and to remove any postings, which Medizon Home Care considers in our absolute discretion to be offensive or otherwise in breach of these terms and conditions or any applicable law or regulation.

Third Party (MEDIZON HOME CARE ASSOCIATES)’ LIABILITY

30. The Services shall be provided by the available representative of Medizon Home Care or the Medizon Home Care Associate, as the case may be.
31. Medizon Home Care does not exercise any ownership, control or supervision over the Medizon Home Care Associates or their services. Medizon Home Care makes no representation or provides no warranty (express or implied) for the services offered through the Medizon Home Care Associate. Any claims, actions or inactions relating to the services availed from the Medizon Home Care Associate should be settled inter-se between you and the Medizon Home Care Associate. No consultations booked using Application is regulated or evaluated by Medizon Home Care administration. Medizon Home Care only acts as an aggregator and does due diligence check on the qualification of the Medizon Home Care Associate to the best of its ability before on boarding. The consultations conducted express the views and opinions of the Medizon Home Care Associate with respect to their patients. The consultations have nothing to do with the technology administrators, call center staff, or management staff and hence Medizon Home Care and its principals will accept no liabilities or responsibilities for the consultations made by Medizon Home Care Associate.
32. Under no circumstances will Medizon Home Care be liable to you or your representative for any direct, indirect, incidental, special, punitive or consequential damages of any character that arise from your use of any of the Services provided by Medizon Home Care or Medizon Home Care Associate or any agent, employee, physician, consultant or partner of Medizon Home Care or Medizon Home Care Associate. The liability of Medizon Home Care, in any event, shall not exceed the total fees paid by you for availing the Services. By availing our Services, you acknowledge and agree to solely assume the risk of these limitations.
33. To the fullest extent permitted by applicable law, in no event shall Medizon Home Care be liable to you for any damages resulting from any:
    • errors, mistakes, or inaccuracies of content,
    • personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services including Website / Application ,
    • any unauthorized access to or use of our servers and/or any and all personal information stored therein,
    • any interruption or cessation of transmission to or from our servers,
    • any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party,
    • any loss of your data or content from the Services
    • any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Medizon Home Care are advised of the possibility of such damages,
    • your failure to keep your Account details secure and confidential,
    • loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services. In no event shall Medizon Home Care be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

VIOLATION OF THIRD PARTY RIGHTS

34. You acknowledge that Medizon Home Care makes no express or implied warranty regarding the Services provided by Medizon Home Care / Medizon Home Care Associate / Third Party Service Provider. Medizon Home Care does not authorize anyone to make a warranty of any kind on its behalf.
35. Any content on the Website / Application regarding the Services is general in nature, particularly any such content relating to medical conditions, wellness and their treatment, and shall not operate nor be construed to be, and is no substitute for the advice provided by a qualified and practicing expert / professional. There is no guarantee of completeness, accuracy, timeliness of such Content. You hereby acknowledge that any reliance upon any content shall be at your sole risk. Medizon Home Care does not guarantee that the Application is well-suited to your mobile device or that the contents of the Application and the Website are accurate, correct and free of viruses.
36. All programs, services, processes, designs, software, technologies, trademark, trade names, inventions and materials comprising Medizon Home Care, and all Services offered by experts or others on Medizon Home Care Platform are wholly owned by Medizon Home Care. The copyright to Medizon Home Care as well as the intellectual property contained thereon vests wholly and completely in Medizon Home Care. Upon acceptance of this Agreement, Medizon Home Care authorises you to view or download a single copy of the material available on the Website / Application solely for your personal and non-commercial use.
37. Medizon Home Care cannot and does not guarantee or warrant that files available for downloading through the Website / Application will be free of infection by software viruses or other harmful computer code, files or programs.
38. The contents of the Medizon Home Care Website / Application , such as text, graphics, images and other material including software licensed by Medizon Home Care to permit users to access the Medizon Home Care Website / Copyright (“Content”) are protected by copyright under Indian laws, and title to the Content shall not pass to you or any other user. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed.

TERMINATION

39. The user has the right to delete his Account and to de-register himself from the Website / Application. In order to do so you will have to notify us via email from the email id which you submitted during the registration process. Further, if the user is in violation with the terms & conditions of this Agreement, privacy policy or is found to be misusing the Services, then Medizon Home Care, may at any time, without any prior notice terminate a user’s access to the Website / Application. Medizon Home Care also reserves the right to terminate the Account of any user at any time at its sole discretion or if required by law.

INDEMNITY

40. You, hereby, agree to indemnify and hold harmless Medizon Home Care from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by Medizon Home Care directly or indirectly by reason of:-
    • your use/misuse of or access to the website;
    • your violation of these terms and conditions;
    • any activity related to your Account (including negligent or wrongful conduct) by you or any other person accessing the Website / Application using your Account;
    • from any transaction you conduct as a result of the contact facilitated by the Website / Application;
    • from your property posted on the Website / Application; or
    • from your infringement of any intellectual property rights in any posting to or transmission via the Website / Application.
41. from your infringement of any intellectual property rights in any posting to or transmission via the Website / Application.
    • any wrong medication or treatment quality being given by the practitioner(s), or any medical negligence on part of the practitioner(s);
    • any type of inconvenience suffered by the user due to a failure on the part of the practitioner to provide agreed Services or to make himself/herself available at the appointed time, no show by the practitioner, inappropriate treatment, or similar difficulties;
    • any type of inconvenience suffered by the user due to a failure on the part of the practitioner to provide agreed Services or to make himself/herself available at the appointed time, no show by the practitioner, inappropriate treatment, or similar difficulties;
    • cancellation or rescheduling of booked appointment or any variance in the fees charged;
    • any medical eventualities that might occur subsequent to using the Services of a practitioner, whom the User has selected on the basis of the information available on the Website / Application or with whom the user has booked an appointment through the Website / Application.

CONFIDENTIALITY OF INFORMATION

42. You shall not, either during the period of use of the Website / Application or thereafter, except, in the proper course of your duties, divulge to any person whomsoever and shall use your best endeavors to prevent the unauthorized use, dissemination, publication or disclosure of any confidential information. You shall not either during the period of use of Website / Application or thereafter use the confidential information for your own benefit, or for the benefit of a third party, and will not permit such use, except with the prior, express written consent of Medizon Home Care.

FORCE MAJEURE

43. Medizon Home Care shall not be liable for any failure to perform any obligations under this Agreement, if the performance is barred or deferred by any event arising due to any cause beyond the reasonable control of Medizon Home Care and in such case our obligations under these this Agreement shall be suspended for so long as such event continues.

MISCELLANEOUS

44. Devices of Third Party Service Providers may be installed with location tracking software or technology. You acknowledge and agree that the location tracking feature is not free from defects and the information provided by it may not be precise. Your use of the location tracking feature is solely at your own risk and Medizon Home Care shall accept no responsibility or liability in connection with any such use of and/or reliance on such location tracking information by you.
45. Any violation of this Agreement or any indecent action towards Third Party Service Provider will not be tolerated and shall attract prompt and punitive disciplinary action as per applicable laws enforced in India and including but not limited to termination of usage rights as well as legal action. In the event of termination, users will not receive any credit or payment or refund from Medizon Home Care. Without limiting Medizon Home Care of other remedies, you must pay Medizon Home Care for all fees owed to us and reimburse Medizon Home Care for all losses and costs (including any and all Medizon Home Care Associate time) and reasonable expenses (including but not limited to legal fees) related to investigating such breach and collecting such fees. In the event of termination, you will have no claim whatsoever against Medizon Home Care in respect of any such suspension or termination of your membership but you shall settle all dues owed to Medizon Home Care upon the termination
46. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Medizon Home Care, as a result of your use of Medizon Home Care platform. You agree not to hold yourself out as a representative, agent or employee of Medizon Home Care.
47. Medizon Home Care ’s performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of Medizon Home Care ‘s right to comply with law enforcement requests or requirements relating to a member’s use of Medizon Home Care or information provided to or gathered by Medizon Home Care with respect to such use.
48. The content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Medizon Home Care, therefore, reserves the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice. Medizon Home Care does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
49. In case you are the guardian representing a minor, please ensure you sign on the below clearly mentioning your relation to the patient and your signature binds you to taking full responsibility to acceptance of the terms and conditions of this Agreement mentioned on behalf of the minor.
50. Any claim or controversy that arises out of or relates to this Agreement, or the breach of it, the same shall be referred to a person nominated by Medizon Home Care whose decision shall be final and binding upon the parties hereto. Such references shall be deemed to be a submission to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
51. This Agreement shall be governed by the laws of India and in case of any dispute between you and Medizon Home Care, in relation to the Services, the Courts of Hyderabad shall have exclusive jurisdiction.
52. In accordance with Information Technology Act 2000 and Information Technology (Intermediaries Guidelines) Rules, 2011 made there under, the contact details of the Grievance Officer are provided below in order to contact him when you have some problem or grievance with respect to the Services of the Website: