This document is an electronic record in terms of information technology act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I Accept” button on this electronic contract, you are consenting to be bound by this terms & conditions. Please ensure that you read and understand all the provisions of this document before you start using the portal, as you shall be bound by all the terms herein upon clicking on the “Accept & Continue” button on this electronic contract. If you do not accept any of the terms contained herein, then please do not use the portal or avail any of the services being provided therein. Your agreement to the terms and conditions shall operate as a binding agreement between you and Mira Centre For Innovation in respect of the services of the portal.

Mira Centre For Innovation, on behalf of itself and its affiliates/group companies under the brand “Mira Centre For Innovation” (“Mira Centre For Innovation”), is the author and publisher of the internet resource www.mcikolkata.com and the mobile application ‘Mira Centre For Innovation’ (together, “Website”). Mira Centre For Innovation owns and operates the services provided through the Website and application.

1. TERMS OF USAGE

1.1 Services

You may use the Mira Centre For Innovation Platform to avail all kinds of Telemedicine services offered by the Mira Centre For Innovation (“Services”), which may include without limitation:

1. E-Consultation You may use the Mira Centre For Innovation Platform to avail online medical consultancy services from-
1. Various Registered Medical Practitioners via live chat and phone call made available by Mira Centre For Innovation;
2. Various Registered Medical Practitioners via video conferencing made available by Mira Centre For Innovation;
3. By way of individualised/personalised video conferencing session with a Registered Medical Practitioner, wherein a Health Worker shall be appointed for a home visit carrying telemedicine kit or medical supplies kit comprising of all essential and basic devices used for vitals monitoring and readings of a patient.
2. Prescription Orders You may purchase prescription medicines, over the counter medicines and other health products (“Products”) through the Mira Centre For Innovation Platform (based on doctor’s e-prescription) and
3. Diagnostic Services You may place request for health check-up and home-based tests on the Mira Centre For Innovation Platform. These Diagnostic Services are provided either by Mira Centre For Innovation through diagnostics labs operated and maintained by Mira Centre For Innovation or third-party diagnostic labs engaged by Mira Centre For Innovation for the purpose of Diagnostic Services. 

Your use of any of the Services specified above shall be subject to such Service specific terms as further prescribed under these Terms and Conditions. 

You acknowledge and agree that Mira Centre For Innovation retains the right to constantly update and improve its Services, including adding or removing functions, features, requirements, suspension or stopping a Service all together.  

1.2 User Account

The User shall enter all basic information required by the website/application to have access to video consultation/live conversations with Registered Medical Practitioners. In order to make a User account, the user shall enter basic details and validate their authenticity. Such details shall also include personal or sensitive information that shall be used by the application for a more personalised experience.

2. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.mcikolkata.com/company/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Mira Centre For Innovation. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Mira Centre For Innovation in connection with your visit to the Website and your use of the Services (as defined below).

The Agreement applies to you whether you are –

1. A patient, his/her representatives or affiliates, searching for Registered Medical Practitioners through the Website (“End-User”, “you” or “User”); or
2. Otherwise a user of the Website (“you” or “User”).

This Agreement applies to those services made available by Mira Centre For Innovation on the Website, which are offered free of charge to the Users (“Services”), including the following:

• For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Registered Medical Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Mira Centre For Innovation, and (iii) to make appointments with Registered Medical Practitioners.

The Services may change from time to time, at the sole discretion of Mira Centre For Innovation, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at info@mcikolkata.com.

By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Terms & conditions and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you via e-mail. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please reach out to us at info@mcikolkata.com.

Your access to use of the Website and the Services will be solely at the discretion of Mira Centre For Innovation.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not 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”), Indian Medical Council Act, 1956, the Indian Medical Council (Professional Conduct, Etiquette and Ethics Regulation 2002), Drugs &Cosmetics Act, 1940 and Rules 1945, Clinical Establishment (Registration and Regulation) Act, 2010, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”), in conjunction with The Telemedicine Health Guidelines of India.

2. CONDITIONS OF USE

For Patients: You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Mira Centre For Innovation that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

3.1. Definitions:

i) Telehealth – ‘The delivery and facilitation of health and health-related services including medical care, provider and patient education, health information services, and self-care via telecommunications and digital communication technologies.’

ii)Telemedicine – ‘The delivery of health care services, where distance is a critical factor, by all health care professionals using information and communication technologies for the exchange of valid information for diagnosis, treatment and prevention of disease and injuries, research and evaluation, andfor the continuing education of health care providers, all in the interests of advancing the health of individuals and their communities.’

Telemedicine includes all channels of communication with the patient that leverage Information Technology platforms, including Voice, Audio, Text & Digital Data exchange.

iii) Registered Medical Practitioner – ‘A Registered Medical Practitioner [RMP] is a person who is enrolled in the State Medical Register or the Indian Medical Register under the Indian Medical Council Act 1956.’ 

iv) Health Worker – “Health worker” could be a Nurse, Allied Health Professional, Mid-Level Health Practitioner, ANM or any other health worker designated by an appropriate authority.A Health Worker can facilitate a consultation session for a patient with a Registered Medical Practitioner. In doing so, the former can help take history, examine the patient and convey the findings. They can also explain/reinforce the advice given by the Registered Medical Practitioner to the patient.

3. TERMS OF SERVICE

A. E-CONSULTATION

E-Consultation with the Registered Medical Practitioner.

User can book appointment with a qualified Registered Medical Practitioner registered with Medical Council of India (“Registered Medical Practitioner”) available on Mira Centre For Innovation Platform and discuss their health-related issues, opinion on the diagnostic reports, obtain e-prescription for their medical needs and avail other healthcare services. E-Consultation can be provided by teleconsultation, video conferencing and health worker driven video conferencing. Mira Centre For Innovation may at its sole discretion provide additional options to the User based on the availability of the Registered Medical Practitioners. 

E-Consultation Services.

User agrees that E-Consultation is not a substitute for physical consultation and the Services are meant for general consultation only. User shall not use E-Consultation Services in times of emergency. If after the E-consultation, the Registered Medical Practitioner recommends any diagnostic tests to be undertaken or issues a prescription, the same are provided based on the information and preliminary examination by the Registered Medical Practitioner, hence the same shall not be treated as accurate, final and conclusive. Registered Medical Practitioner reserves their rights to modify the prescription or recommended diagnostic tests if the User provides any additional information in future consultation. While rendering E-Consultation, Registered Medical Practitioner will require to know the age, sex, previous and existing health conditions, symptoms, past medical history, physical examination (if directed by the Registered Medical Practitioner) etc. User shall be responsible for providing accurate information to the Registered Medical Practitioner. Registered Medical Practitioner and/or Mira Centre For Innovation will not be responsible for any deficiency in Services for reasons attributable to incorrect information provided by the User. All the information with respect to the User History, consultation records, medical record and prescriptions issued by the Registered Medical Practitioner may be saved by Mira Centre For Innovation (without any obligation to do so) and the same may be used for rendering Services as may be required by the User for time to time.

Booking an Appointment.

Before booking a consultation, User shall ensure that the language in which the User prefer the consultation is available in the Services. User does not have the ability to choose a Registered Medical Practitioner of his/her choice for chat and phone consultations. For video and health-worker driven video consultation, option will be provided to the users to choose the Registered Medical Practitioner. Mira Centre For Innovation will direct the request for E-consultation to the Registered Medical Practitioner available in the specialized subject. Mira Centre For Innovation does not endorse or promote any Registered Medical Practitioner for E-consultation, during the process User has the choice to either proceed with the Consultation or contact info@mcikolkata.com

Re-scheduling, Cancellation and Refund Policy for E-Consultation:

In any event if the User is unable to avail the E-Consultation Services from the Registered Medical Practitioner or if the User wishes to cancel the appointment, User shall be entitled to do so by choosing the respective option on the Mira Centre For Innovation Platform. If User does not avail the Services or cancels the E-Consultation, the Services Fees will be refunded to the User as per the Refund Policy in the same manner of payment in which the User has paid the Service Fees. However, if the User refuses to take the call when the Registered Medical Practitioner calls the User or cancels the appointment one hour before the scheduled time, the User will not be entitled for any refund. Any issues regarding payments made, refunds claimed or otherwise error in the transactions shall be reported to Mira Centre For Innovation at the customer care specified on the Mira Centre For Innovation Platform.

Service Fee.

Provision of E-Consultation Services shall be subject to payment of service fees as may be specified on the Mira Centre For Innovation Platform. The Service fee may vary as per the fees charged by the respective Registered Medical Practitioner. Upon receipt of the payment from the User, Mira Centre For Innovation will schedule the appointment with such Registered Medical Practitioner and send a confirmation to the User. The payment terms and conditions applicable to Prescription Orders (as specified above) shall be applicable for payment of service fees for E-Consultation Services.  

Disclaimer.

The User understands and agrees Mira Centre For Innovation is a technology service provider and acts as an intermediary to connect Users with the Registered Medical Practitioners available on the Platform. All the services are provided to the User directly by the Registered Medical Practitioner Mira Centre For Innovation shall not be responsible in any manner for any health issues, consultation, validation, unsatisfactory services etc. availed by the User. Further, notwithstanding anything contained herein, Mira Centre For Innovation shall not be liable for:

1. Any medical negligence, prescription of any wrong medication or treatment on part of the Registered Medical Practitioner;
2. Any type of inconvenience suffered by the User due to a failure on the part of the Registered Medical Practitioner in providing the agreed services or to make himself/herself available at the appointed time, inappropriate treatment, or similar difficulties;
3. Any misconduct or inappropriate behaviour by the Registered Medical Practitioner;
4. Cancellation or rescheduling of booked appointment;
5. Any medical eventualities that might occur subsequent to using the services of the Registered Medical Practitioner.

B. PRESCRIPTION ORDER

Eligibility.

We accept orders from and dispatch orders to addresses in selected locations in India as mentioned on the Mira Centre For Innovation Platform. We only accept orders from customers who are above 18 (eighteen) years old although they may place orders for persons who are under 18 (eighteen) years of age. In case of a Prescription Order, if the prescription is of a person other than yourself, you will need to have the authority of the person whose prescription it is to have it dispensed by us. By placing an order to dispense another person’s prescription, you confirm that you have their authority to do so. 

Products.

You may purchase various Products made available by us on the Mira Centre For Innovation Platform. However, certain Products may be purchased only upon submission of valid prescription on the Mira Centre For Innovation Platform (“Prescription Orders”). Further, The Products available on the Mira Centre For Innovation Platform may include Products manufactured by third parties and made available for purchase on the Mira Centre For Innovation Platform and the Products manufactured and sold by Mira Centre For Innovation. All Products available on the Mira Centre For Innovation Platform are subject to availability of stock and Mira Centre For Innovation may cancel any order if the Product becomes unavailable after an order placed.

All images of the Products displayed on Mira Centre For Innovation Platform are for graphic and illustrative purposes, the actual Products delivered may vary from the images displayed on the Platform.

Order Confirmation.

No order placed by you will be binding on us until we have confirmed the order to you by phone, email or in writing. We reserve the right to reject any order.  In the event any Product ordered by you is not available, we will try and contact you on the contact information provided by you in your Account. 

Prescription Orders.

Verifications of Prescription. We do not accept orders for Prescription Orders, unless the same is prescribed by the Registered Medical Practitioner licensed by the Medical Council of India. We do not verify the authenticity of the orders placed by you, where the prescriptions are received directly from a Registered Medical Practitioner licensed by the Medical Council of India, who has placed the order on your behalf after your authorization. When we receive an original prescription from you, our pharmacist will verify it against the information provided to us at the time the order was placed. In the event that the information does not match with your original order as per the prescription, we may try to contact you using the information provided in your Account. If we cannot contact you and we are unable to dispense the item(s) on your Prescription Order we reserve the right to cancel such order.

Non-Receipt of Prescription. If you place a Prescription Order and we do not receive the relevant original prescription, we will not have any liability to dispense the Prescription Order to you and it will be your responsibility to contact us within 7 days regarding your prescription order.

Validation of Prescription. Validation of prescription services through our partner Registered Medical Practitioner shall be made available, free of cost, to the User only upon request of the User and in the following situations:

1. The existing prescription has expired and the User is unable to get an appointment with his Registered Medical Practitioner; or
2. The prescription is not legible and the prescribing Registered Medical Practitioner is unavailable to validate the prescription; or
3. The prescription is not as per the standards defined by Medical Council of India, including, missing Doctor details, patient details etc.; or
4. If the prescription contains drugs specified under Schedule X of The Drugs and Cosmetics Rules, 1945 or unusual quantities of drugs.

The User understands and agrees that the validation of prescription services provided herein are only on request and are intended for general purpose only and should not be used in case of medical emergencies and serious illness issue where physical consultation is recommended and at no point these services are intended to replace the physical consultation. The User also agrees and understands that for providing the validation of prescription service Mira Centre For Innovation will have to share the prescription with its partner Registered Medical Practitioner and by requesting the services the User confirms its consent to share his/her prescription with Mira Centre For Innovation’s partner Registered Medical Practitioner. Upon the request of the User, the prescription of the User shall be shared with Mira Centre For Innovation’s partner Registered Medical Practitioner and post consultation or review of the prescription, if the Registered Medical Practitioner deems fit, he/she may validate the prescription shared with him/her of the User. However, at all time the Registered Medical Practitioner has the discretion to refuse consultation or validation of the prescription if the Registered Medical Practitioner is of the opinion that a physical consultation is required before a prescription is validated.

User agrees that the Registered Medical Practitioner will use the technology of Mira Centre For Innovation for rendering the above services and they share the information with Mira Centre For Innovation of its affiliated partners for rendering the services.

The terms and conditions for E-Consultation shall also be applicable for validation of prescription to the extent relevant for scope of verification. 

Delivery of Products. 

All Products will be delivered at the address provided by you in your Account or any other alternate address as specified by you at the time of placing the Order. The delivery may be made by the personnel appointed by Mira Centre For Innovation or by any third-party service provider engaged by Mira Centre For Innovation for such purpose. Mira Centre For Innovation shares your personal information with the delivery executive on a ‘need to know’ basis as may be relevant for completing the delivery of the Product. 

Any timelines for delivery specified by Mira Centre For Innovation is a genuine pre-estimate of time required by Mira Centre For Innovation for completing the delivery of the Product. You acknowledge and agree that actual delivery may be delayed and take longer than the delivery timeline. However, Mira Centre For Innovation will keep you informed of your order status as may be appropriate from time to time. 

You acknowledge and accept that all Products delivered shall be verified by you for accuracy and apparent damage at the time of delivery. You (or your authorized representative) will be required to sign a delivery confirmation on receipt of the Order. You may reject the receipt of Products in the event the Products delivered are not in accordance with the order placed by you or are damaged at the time of delivery. 

In the event that the packaging of Products is opened after delivery, we will have no liability to you for lost or damaged items.

Returns.

You may place a request for return of Product as per the Returns Policy which is displayed on the Mira Centre For Innovation Platform (www.mcikolkata.com)

Pricing and Payments.

All prices for Products and services offered by Registered Medical Practitioners displayed on the Platform are indicative in nature. The actual/exact price of the Product and Services will depend upon Product’s batch number and revisions in professional fees. This will be mentioned in the invoice dispatched to you along with your order. In case a pre-payment has been made by you on the basis of the price estimate at the time of placing the order, you undertake to pay the shortfall and any excess payment will be refunded back to you in your bank account, credit card, debit card or wallet , as the case may be. Further, all prices are exclusive of applicable taxes which will be invoiced to you in addition to applicable taxes at the time of placing the order. Further, there may be instances where the price of a Product is updated after receipt of the order or order confirmation. In such cases, we will refund any excess amount paid by you or you shall pay any shortfall to us, as the case may be.

You may make the payments for your orders using various payment methods made available on the Mira Centre For Innovation Platform which may include, credit card, debit cards, third party wallets and Mira Centre For Innovation wallets. The payments on Mira Centre For Innovation Platform are facilitated by a third-party payment gateway and the terms and conditions of such third party payment gateway shall be applicable to the payments made on the Mira Centre For Innovation Platform. Mira Centre For Innovation shall not be responsible for any errors, delay or failure of payments which are attributable to the third-party payment gateway.

Discounts. All discounts offered on the Mira Centre For Innovation Platform are provided on selected Products and Services and at the discretion of Mira Centre For Innovation. Mira Centre For Innovation reserves the right to withdraw any offer or discount made available on the Mira Centre For Innovation Platform. 

Delivery and Packaging Costs:

All orders with minimum order value as provided on the Mira Centre For Innovation Platform from time to time (referred as “Minimum Order Value”), or exceeding such Minimum Order Value will be delivered free of cost and no delivery charges shall be applicable on such orders provided that the delivery is within Mira Centre For Innovation serviceable areas. All orders with order value below the Minimum Order Value will attract delivery charges as provided on the Mira Centre For Innovation Platform, from time to time. Value of any order that is equal to or greater than the Minimum Order Value at the time of placing the order that is later modified, will not attract any delivery charges. Any delivery charges paid by the User for any modified/cancelled/un-delivered order shall be eligible for full refund of the delivery changes provided the User has made advance payment for the said order. The User shall be required to check the Mira Centre For Innovation Platform from time to time to ascertain and understand the Minimum Order Value for optimum use of the Mira Centre For Innovation Platform.

Any delivery charges paid by the User shall not be eligible for refund if the order is modified or replaced by the User due to change in prescription or otherwise. 

Product Liability.

Mira Centre For Innovation Platform offers for purchase various Products which are manufactured by various third parties (“Third Party Products”). Mira Centre For Innovation provides such Third-Party Products on an ‘as is’ basis and does not make any representation or warranty with respect to such Third-Party Products. Mira Centre For Innovation shall not be liable in any manner whatsoever for any manufacturing defects in the Third-Party Products.

Certain Third-Party Products such as electronic equipment, diagnostic tools etc. are provided by the manufacturer with limited warranty associated with such Third-Party Product. The User shall directly claim such warranty from the manufacturer of the Third-Party Products and Mira Centre For Innovation shall not be responsible for such warranty in any manner. 

Subscription:

• For Mira Centre For Innovation services:

Under the subscription model, Users, Institution, and Enterprises can subscribe for select number of consultations by choosing a subscription plan that best suit the User’s need and the User can customize the same according to the User’s requirement. All orders under the subscription plan shall be automatically placed in accordance with the chosen subscription plan. All orders under the subscription model shall be subject to all the other applicable terms and conditions mentioned herein. 

Any ongoing offer or promotional scheme cannot be clubbed with the orders placed under the subscription plan. All orders under the subscription plan shall be processed based on the standard discount and promotional scheme available at the time of processing any order under the subscription plan. Mira Centre For Innovation shall have the sole discretion to decide with regard to the offers or scheme that shall be applicable to the orders placed under the subscription plans.

• For Mira Centre For Innovation products:

Under the subscription model, User can subscribe for his medicine requirement by choosing a subscription plan that best suit the User’s need and the User can customize the same according to the User’s requirement. All orders under the subscription plan shall be automatically placed in accordance with the chosen subscription plan. All orders under the subscription model shall be subject to all the other applicable terms and conditions mentioned herein. 

Any ongoing offer or promotional scheme cannot be clubbed with the orders placed under the subscription plan. All orders under the subscription plan shall be processed based on the standard discount and promotional scheme available at the time of processing any order under the subscription plan. Mira Centre For Innovation shall have the sole discretion to decide with regard to the offers or scheme that shall be applicable to the orders placed under the subscription plans.

C. DIAGNOSTIC SERVICES

Diagnostic Services.

Users may avail Diagnostic Services available on Mira Centre For Innovation Platform. The Diagnostic Services are provided by Mira Centre For Innovation in collaboration with state-of-the-art third-party diagnostic labs or diagnostic labs operated and maintained by Mira Centre For Innovation. 

By placing a request for Diagnostic Services, you hereby consent to provide samples for Diagnostic Services (as may be required for the relevant tests) and acknowledge that such samples will be used by third party labs or labs operated by Mira Centre For Innovation to perform necessary tests. 

Mira Centre For Innovation offers to Users the facility of collection of specimen collection from User’s home for the purpose of Diagnostic Services. Once a request for Diagnostic Services is placed by a User, a qualified professional of Mira Centre For Innovation will visit the address specified by User for collection of samples for diagnostics. The test results provided as part of Diagnostic Services will only be related to the specimens so collected. 

Incorrect Samples or Contamination of Samples.

For any specimens collected from User’s home, the relevant lab will presume that the specimen belongs to the patient named or identified at the time of placing the request. 

You acknowledge and agree that there may be instances where the samples collected from User’s home may get contaminated or become unfit for testing during transit. In such instances, the samples may have to be recollected for performance of necessary tests at no additional cost. Alternatively, the relevant lab may test such samples and provide partial results based upon the fitness of samples. If such contamination or deficiency is caused due to delay or reasons directly attributable to Mira Centre For Innovation, Mira Centre For Innovation will recollect the sample without any additional costs. 

You acknowledge that test may not be conducted and Diagnostic Services will not be provided in the event (a) specimen quantity is insufficient; (b) specimen quality is unacceptable (e.g. haemolyzed or clotted); or (c) incorrect sample submitted.

Mira Centre For Innovation shall not be responsible for any of the above or any contamination of sample which is attributable to the User or not attributable to Mira Centre For Innovation. Mira Centre For Innovation shall not be in any manner be liable for any damages which the User may suffer in relation to such home sample collection.

Appointment and Cancellation.

Upon receipt of request for Diagnostic Services, Mira Centre For Innovation will schedule an appointment for home sample collection in accordance with available time slots specified by you. Once an appointment is scheduled, a representative of Mira Centre For Innovation will visit the address specified by you within the agreed time. You shall make yourself available at such time for the purpose of sample collection. Mira Centre For Innovation will not be under any obligation to any refund of service fees in the event you are not available for sample collection at the scheduled time.

Cancellation.You may cancel or reschedule any appointment at least 24 (twenty-four) hours prior to the scheduled appointment or within such minimum or maximum timeline as provided on the Mira Centre For Innovation Platform. In the event you cancel an appointment after the aforementioned specified timelines, Mira Centre For Innovation will not be under any obligation to provide you any refund for the service fees already paid by you.

Service Fees.

Diagnostic Services are made available upon receipt of service fees as specified on Mira Centre For Innovation Platform. The payment related terms and conditions as specified for Prescription Orders above shall be applicable to payment of service fees for Diagnostic Services. 

D. ADDITIONAL TERMS

Express Delivery Services (EDS).

In order to provide better Services, Mira Centre For Innovation offers express delivery services (referred as “EDS”) to its Users, wherein the User selects specified time for express delivery of the order. User can also have the order delivered at his convenience by choosing the fixed time for delivery. User will be charged a convenience fees as provided on the Mira Centre For Innovation Platform (which may be revised from time to time) for delivering the order at their convenience. User shall select the option at the time of placing the order or request for EDS by contacting the customer care. To avail the EDS, the User shall agree to pay additional delivery charges as provided on the Mira Centre For Innovation Platform (which may be revised from time to time) on a per order basis. The service fees for EDS shall vary from city to city based on the date, time and area of delivery and Users are required to check information in respect of such fees/ charges as provided on the Mira Centre For Innovation Platform. Users shall check the availability of the services in the area where the User intends to take the delivery of medicines before availing the services. EDS services are available only in selected areas for deliveries during 0800 hours to 2000 hours on all working days in the area, subject to payment of additional delivery charges. Any deliveries scheduled on holiday and non-working hours shall be at additional charges at the sole discretion of Mira Centre For Innovation, which will be provided on the Mira Centre For Innovation Platform. Mira Centre For Innovation may at its sole discretion accept EDS in few areas on Sundays and national holidays. User cannot modify or alter the delivery time and area after acceptance of the order. Service fees paid shall not be refundable after the order is dispatched for delivery. Mira Centre For Innovation reserve the right to discontinue or suspend the EDS at any time without any notice. Mira Centre For Innovation shall not be liable for any delay or default in not delivering the orders within the specified time, and the sole remedy for the Users shall be limited to seeking refund of the service fees, if any, paid by the User and aggregate liability of Mira Centre For Innovation for any damages shall be limited to Rs. 500 (Rupees Five Hundred Only).

Share and Earn.

The referred User should be a new User and not an existing User of Mira Centre For Innovation. The referred User must place a valid order using the referral code to avail referral discount on their 1st order and the order should be successfully delivered and not be cancelled or returned. Referral reward coupon shall be credited to the User’s account after successful delivery of the referred User’s order. Referral reward discount as applicable to the value of order placed and as indicated on the Mira Centre For Innovation Platform (which may be revised from time to time) will be automatically redeemed on the User’s next orders with Mira Centre For Innovation within such time as Mira Centre For Innovation may deem fit. Notwithstanding anything contained herein, these terms are in addition to and not in derogation to any other terms as stipulated by Mira Centre For Innovation from time to time. Mira Centre For Innovation reserves the right in its sole discretion at any time, without any prior notice to suspend / cancel this program or amend these terms.

4. TERMS OF USE APPLICABLE TO ALL USERS OF Mira Centre For Innovation PLATFORM

The terms in this Clause 4 are applicable only to Users.

4.1 END-USER ACCOUNT AND DATA PRIVACY

4.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.

4.1.2 Mira Centre For Innovation may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Mira Centre For Innovation’s services and to build new services.

4.1.3 The Privacy Policy sets out, inter-alia:

• The type of information collected from Users, including sensitive personal data or information;
• The purpose, means and modes of usage of such information;
• How and to whom Mira Centre For Innovation will disclose such information; and,
• Other information mandated by the SPI Rules.

4.1.4 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:

• The fact that certain information is being collected;
• The purpose for which the information is being collected;
• The intended recipients of the information;
• The nature of collection and retention of the information; and
• 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.

4.1.5 Mira Centre For Innovation 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 Mira Centre For Innovation or to any other person acting on behalf of Mira Centre For Innovation.

4.1.6 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Mira Centre For Innovation of any actual or suspected unauthorized use of the User’s account or password. Although Mira Centre For Innovation will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Mira Centre For Innovation or such other parties as the case may be, due to any unauthorized use of your account.

4.1.7 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Mira Centre For Innovation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mira Centre For Innovation has the right to discontinue the Services to the User at its sole discretion.

4.1.8 Mira Centre For Innovation may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

4.1.9 Against every Registered Medical Practitioner listed in www.mcikolkata.com, you may see an option to contact the Registered Medical Practitioner through the Mira Centre For Innovation Application. When you choose this option, you choose to call the number through a free telephonic service provided by Mira Centre For Innovation, and the records of such calls are recorded and stored in Mira Centre For Innovation servers. Such call will have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by Mira Centre For Innovation for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by Mira Centre For Innovation should be used only for appointment and booking purposes, and not for consultation on health-related issues. Mira Centre For Innovation accepts no liability if the call facility is not used in accordance with the foregoing. Mira Centre For Innovation shall at under no circumstances show the Registered Medical Practitioner’s direct number. In case you choose to not provide your consent to recording your calls that may have personal information required for appointment and booking purposes, Mira Centre For Innovation reserves the right to not provide the Services for which such personal information is sought.

4.1.10 It is to be noted that all consultations shall be recorded for monitoring purposes and that same shall not be accessible to patients.

4.2 LISTING CONTENT AND DISSEMINATING INFORMATION

4.2.1 Mira Centre For Innovation collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Registered Medical Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Mira Centre For Innovation takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Mira Centre For Innovation screens and vets the information and photos submitted by the Registered Medical Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

4.2.2 The Services provided by Mira Centre For Innovation or any of its licensors or service providers are provided on an “as is” and “as available’ basis, 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). Mira Centre For Innovation does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Mira Centre For Innovation does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Mira Centre For Innovation disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Mira Centre For Innovation or any User in relation to any User or services provided by such User.

4.2.3 The Website may be linked to the website of third parties, affiliates and business partners. Mira Centre For Innovation has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Mira Centre For Innovation endorses the linked site. User may use the links and these services at User’s own risk.

4.2.4 Mira Centre For Innovation 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 Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, the User can reach out to us at info@mcikolkata.com for any suggestions for improvement.

4.2.5 If Mira Centre For Innovation determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Mira Centre For Innovation reserves the right to immediately suspend your access to the Website or any of your accounts with Mira Centre For Innovation and makes such declaration on the website alongside your name/your clinic’s name as determined by Mira Centre For Innovation for the protection of its business and in the interests of Users. You shall be liable to indemnify Mira Centre For Innovation for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Mira Centre For Innovation or its Users.

4.2.6 The information published in the website is derived from a benchmarking group that is determined to be relevant by Mira Centre For Innovation in the relevant city. Mira Centre For Innovation has published this information for guidance purpose and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. Mira Centre For Innovation is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.

4.3 BOOK APPOINTMENT AND CALL FACILITY

Mira Centre For Innovation enables Users to connect with Registered Medical Practitioners through the following methods:

Book consultation facility that allows Users book an appointment through the Website or application via:

• Live chat;
• Phone call;
• Video conferencing with the Registered Medical Practitioner directly;
• Video conferencing with the Registered Medical Practitioner via Health Worker

Note: The User has the option to choose the same sex/gender of the health Worker in case of any difficulty that might arise during an on-going diagnosis of such User.

4.3.1 Mira Centre For Innovation will ensure Users are provided confirmed appointment on the Book facility. However, Mira Centre For Innovation has no liability if such an appointment is later cancelled by the Registered Medical Practitioner, or the same Registered Medical Practitioner is not available for appointment.

4.3.2 If a User utilizes the telephonic services, Mira Centre For Innovation reserves the right to share the information provided by the User with the Registered Medical Practitioner and store such information and/or conversation of the User with the Registered Medical Practitioner, in accordance with our Privacy Policy;

4.3.3 The results of any search Users perform on the Website for Registered Medical Practitioners should not be construed as an endorsement by Mira Centre For Innovation of any such particular Registered Medical Practitioner. If the User decides to engage with a Registered Medical Practitioner to seek medical services, the User shall be doing so at his/her own discretion.

4.3.4 Without prejudice to the generality of the above, Mira Centre For Innovation is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User, Health Worker and the Registered Medical Practitioner. User understands and agrees that Mira Centre For Innovation will not be liable for:

• User interactions and associated issues User has with the Registered Medical Practitioner;
• The ability or intent of the Health Worker/Registered Medical Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
• Any wrong medication or quality of treatment being given by the Registered Medical Practitioner(s), or any medical negligence on part of the Registered Medical Practitioner(s);
• Inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Registered Medical Practitioner to provide agreed Services;
• Any misconduct or inappropriate behaviour by the Registered Medical Practitioner or the Registered Medical Practitioner’s staff;
• Cancellation or no show by the Registered Medical Practitioner or rescheduling of booked appointment or any variation in the fees charged;

4.3.5 Users are expected to provide feedback about their experiences with the Registered Medical Practitioner and Health Worker, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Mira Centre For Innovation shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Registered Medical Practitioner from the Website.

4.4 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

4.4.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Mira Centre For Innovation and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified Registered Medical Practitioner.

4.4.2 It is hereby expressly clarified that, the Information that you obtain or receive from Mira Centre For Innovation, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

4.4.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital directly.

4.5 REVIEWS AND FEEDBACK

4.5.1 By using this Website, you agree that any information shared by you with Mira Centre For Innovation will be subject to our Privacy Policy.

4.5.2 You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Registered Medical Practitioners or other healthcare professionals. The role of Mira Centre For Innovation in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Mira Centre For Innovation disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Mira Centre For Innovation shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.

4.5.3 Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Mira Centre For Innovation, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Mira Centre For Innovation may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

• Obtaining feedback in relation to Website or Mira Centre For Innovation’s services; and/or
• Obtaining feedback in relation to any Registered Medical Practitioners listed on the Website; and/or
• Resolving any complaints, information, or queries by Registered Medical Practitioners regarding your Critical Content;
• You agree to provide your fullest co-operation further to such communication by Mira Centre For Innovation.

4.6 RECORDS

Mira Centre For Innovation may provide End-Users with a free facility for maintaining health records in its mobile application and website ‘Mira Centre For Innovation’. Information available in your Records is of:

User-created: Information uploaded by you or information generated during your interaction with Mira Centre For Innovation ecosystem, e.g.: appointment, historical health records, prescriptions uploaded, medicine order placed by you.

The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

4.6.1 Your Records is only created after you have signed up and explicitly accepted these Terms.

4.6.2 Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Registered Medical Practitioner and Mira Centre For Innovation does not validate the said information and makes no representation in connection therewith. You should contact the us at info@mcikolkata.com in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.

4.6.3 The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Mira Centre For Innovation is not liable for any interruption that may be caused to your access of the Services.

4.6.4 The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Registered Medical Practitioner. In the event of any medicine reminders provided by Mira Centre For Innovation, you should refer to your prescription before taking any medicines. Mira Centre For Innovation is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can turn off notifications using the Mira Centre For Innovation app.

4.6.5 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Mira Centre For Innovation is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Mira Centre For Innovation.

4.6.6 Mira Centre For Innovation uses industry–level security and encryption to maintain your Health Records. However, Mira Centre For Innovation does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Mira Centre For Innovation of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to info@mcikolkata.com

4.6.7 If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Mira Centre For Innovation assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Mira Centre For Innovation and its officers against any such claim or liability arising out of unauthorized use of such information.

4.6.8 In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted.

4.6.9 You may lose your “User created” record, if the data is not synced with the server.

4.6.10 If the Health Record is unassessed for a stipulated time of more than 2 years, you may not be able to access your Health Records due to security reasons.

4.6.11 Mira Centre For Innovation is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.

4.6.12 Mira Centre For Innovation is not responsible or liable for any content (e.g., Health Records, medical deduction or the language used in your Health Records) whatsoever. Your Registered Medical Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.

4.6.13 Mira Centre For Innovation has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.

4.6.14 Mira Centre For Innovation will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.

4.6.15 You agree and acknowledge that Mira Centre For Innovation may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.

4.6.16 You acknowledge that the Registered Medical Practitioners you are visiting may engage Mira Centre For Innovation’s software or third party software for the purposes of the functioning of the Registered Medical Practitioner’s business and Mira Centre For Innovation’s services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws.

4.6.17 To the extent that your Records have been shared with Mira Centre For Innovation or stored on any of the Mira Centre For Innovation products used by Registered Medical Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Mira Centre For Innovation pertaining to such previously visited clinics and hospitals who have tie ups with Mira Centre For Innovation for the purposes of their business and for Mira Centre For Innovation’s services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Mira Centre For Innovation, to the mapping of such Records as may be available in Mira Centre For Innovation’s database to your User account.

4.7 Mira Centre For Innovation WALLET

4.7.1 Mira Centre For Innovation Wallet is the digital payment instrument where you can transfer money from your bank account or credit card to use for transactions on the platform. You need to set up an account using your mobile phone number and email ID to setup a User account and transfer cash to the wallet. Such money shall be construed to be Credit points in the wallet.

4.7.2 Mira Centre For Innovation wallet credits can be redeemed by the User only to pay online for the following services on the Website:

• Ordering medicines online;
• Consulting a doctor online;
• Booking diagnostic tests and health check-ups;
• Pre-paying for doctor appointment bookings; and
• Subscribing to Healthcare plans.

(The above services on the Website are collectively referred to as “Permitted Services”.)

4.7.3 Every time a User using (i) Android version 4.31 or above; or (ii) iOS version 4.24 or above of the Mira Centre For Innovation mobile application; or (iii) the Mira Centre For Innovation website (www.mcikolkata.com), to pay online for any of the Permitted Services availed by him/her, only such percentage of the total amount to be paid for the availed Permitted Services, as may be prescribed by Mira Centre For Innovation from time to time on the respective Mira Centre For Innovation mobile application or website ( www.mcikolkata.com ), can be redeemed by such User.

4.7.4 Mira Centre For Innovation Wallet neither can be converted to actual money nor can be transferred to any bank accounts.

4.7.5 The Mira Centre For Innovation Credit points received by each User may or may not have an expiry date associated with it and the said expiry date is subject to the following:

• The expiry date associated with Mira Centre For Innovation Wallet may vary from time to time. However, the same cannot exceed beyond 2 (Two) years
• The expiry date of Mira Centre For Innovation Wallet may be intimated to each User by way of SMS or e-mail or in-App notification on the Website.
• The User acknowledges that Mira Centre For Innovation has agreed to offer Mira Centre For Innovation Credit Points/Wallet in its sole discretion. Nothing in these Terms shall be interpreted to restrict Mira Centre For Innovation’s right to withdraw the Mira Centre For Innovation Credit Points before the expiry date.

4.7.6 Mira Centre For Innovation reserves its discretion to deny Mira Centre For Innovation HealthCash to any User in its sole discretion, notwithstanding compliance by such User of the requirements set out in the Terms, applicable law or otherwise.

5. Health Workers

Health Workers for the purpose of this Agreement shall mean a medical assistant, who is an allied health professional, who perform routine tasks and procedures. The Health Worker/Medical assistants shall become a certified professional through the accredited program provided by Mira Centre For Innovation. A Health Worker shall perform the following duties:

5.1 Health Worker should obtain the patient’s informed consent;

5.2 He/she should also confirm patient identity by asking patient’s name, age, address, email ID, phone number or any other identification that may be reasonable;

5.3 Health Worker shall be appointed for a home visit carrying telemedicine kit or medical supplies kit comprising of all necessary and basic devices, used for various readings of a patient. Health worker may explain potential use and limitations of a telemedicine consultation;

5.4 Health Worker shall reach the address of the User in need of a medical consultation 15 minutes in advance and inform the concerned Registered Medical Practitioner of his arrival;

5.5 Health Worker shall make sure that the User has signed the online requisition form pertaining to the Video Consultation;

5.6 The Health Worker shall relay the information to Registered Medical Practitioner and facilitate diagnosing of the problem of the Patient/User;

5.7 The Health Worker shall make sure to follow up the delivery of medicines or help in ordering a medical test on behalf of the User;

5.8 The Health Worker shall ensure of all his finding about any special/ differently abled existing conditions of the User and accordingly inform or communicate with the Registered Medical Practitioner.

Note: The User understands that option for an e-consultation through a health worker shall be chargeable as per the payment policy of Mira Centre For Innovation.

6. CONSULT (International)

Definition:

Consult (International) is a service provided by Mira Centre For Innovation that allows international Users & Practitioners to communicate, on paid mode. Further, such Users may access this feature on Website/ platform to get assigned, for the purposes of a chat and video with a Practitioner whereby such Practitioners are inter alia assigned through the system’s algorithm/software-program that finds the most available and accepting Practitioner. The scope of this feature as detailed herein is collectively referred to as “Consult (International)”.

6.1 Terms for Users:

The Users expressly understand, acknowledge and agree to the following set forth herein below:

6.1.1 Users can choose the Practitioner in certain events (like through Q&A offering). In cases where Users cannot choose a Practitioner (due to system setup), the system uses an algorithm/software-program to find the most available and accepting Practitioner.

6.1.3 The Users agree to use the advice from Practitioner on the Website pursuant to:

6.1.3.1 An ongoing treatment with their medical practitioner;

6.1.3.2 A condition which does not require emergency treatment, physical examination or medical attention;

6.1.3.3 Medical history available as records with them for reference;

6.1.3.4 A record of physical examination and report thereof with them, generated through their local medical practitioner;

6.1.3.5 Consultation with their medical practitioner before abandoning or modifying their ongoing treatment.

6.1.4 The User agrees that by using Consult (International), the Practitioners on Consult (International) will not be providing a medical consultation, conducting physical examination of the Users, hence, they may not have or be able to derive important information that is usually obtained through a physical examination. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation.

6.1.5 The User understands that Consult (International) shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the consultation provided by the Practitioner on Consult (International) is based on general medical conditions and practices prevalent in India, to the best of his knowledge and ability, and not for conditions which are territory specific for regions other than India, irrespective of where the User is procuring medical services or engaging in communication with the Practitioner.

6.1.6 If Practitioner responds to the User’s query, the system could trigger communications to the User, in the form of notification/text/email/others. The User further understands that Mira Centre For Innovation may send such communications like text messages/email/calls before and/or after Practitioner’s consultation (physical or online) to User’s mobile number, based on the Practitioner’s settings (through the Website). However, and notwithstanding anything to the contrary in this Agreement, Mira Centre For Innovation does not take responsibility for timeliness of such communications.

6.1.6 Consult (International), is merely a medical information providing model, any interactions and associated issues with the Practitioner on Consult (International) including but not limited to the User’s health issues and/or the User’s experiences is not a medical consultation in any manner.

6.1.7 Any conversations that the Users have had with the Practitioner will not be subject to doctor patient confidentiality. It is explicitly provided that any such interaction on Consult (International) does not establish a patient doctor relationship.

6.1.8 User understands and agrees to provide accurate information and will not use the Consult (International) platform for any acts that are considered to be illegal in nature.

6.1.9 If User decides to engage with a Practitioner to procure medical services or engages in communication, exchange of money for services outside of Consult (International) platform, User shall do so at their own risk. Mira Centre For Innovation shall not be responsible in this regard in any manner whatsoever.

6.1.10 The User agrees and understands that the transaction with the Practitioner are subject to jurisdiction of Indian laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times. The User further agrees and understands that the Practitioner is a medical practitioner who is licensed to practice medicine in India and the onus is on the User to determine if he/she is eligible to chat or video consult with the Practitioners via the Website. It is expressly clarified that at no point in time can it be construed that the Practitioner is practicing medicine in a territory other than India, irrespective of where the User is located and procures medical services or engages in communication with the Practitioner, in any manner whatsoever.

6.1.11 The User shall indemnify and hold harmless Mira Centre For Innovation and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Website by the User, by breach of these terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.

6.1.12 The User shall make payment using the payment gateway to make payments online, solely at User’s discretion. Should there be any issues with regard to the payment not reaching the Mira Centre For Innovation account, the User may contact support via info@mcikolkata.com

6.1.13 Consult (International) is intended for general purposes only and is not meant to be a medical consultation, used in emergencies/serious illnesses requiring physical consultation.

6.1.14 Consult (International)is a platform being made available to Users to assist them to obtain information from experts (Practitioners) and does not intend to replace the physical consultation with the Practitioner.

7. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

7.1 As mandated by Regulation 3(2) of the IG Rules, Mira Centre For Innovation hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

7.1.1 Belongs to another person and to which the User does not have any right to;

7.1.2 Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;

7.1.3 Harm minors in any way;

7.1.4 Infringes any patent, trademark, copyright or other proprietary rights;

7.1.5 Violates any law for the time being in force;

7.1.6 Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

7.1.7 Impersonate another person;

7.1.8 Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

7.1.9 Threatens the unity, integrity, defence, 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.

7.2 Users are also prohibited from:

7.2.1 Violating or attempting to violate the integrity or security of the Website or any Mira Centre For Innovation Content;

7.2.2 Transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Mira Centre For Innovation;

7.2.3 Intentionally submitting on the Website any incomplete, false or inaccurate information;

7.2.4 Making any unsolicited communications to other Users;

7.2.5 Using any engine, software, tool or other device or mechanism (such as spiders, robots, avatars or intelligent Health Workers) to navigate or search the Website;

7.2.6 Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

7.2.7 Copying or duplicating in any manner any of the Mira Centre For Innovation Content or other information available from the Website;

7.2.8 Framing or hot linking or deep linking any Mira Centre For Innovation Content.

7.2.9 Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

7.3 Mira Centre For Innovation, 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 above, shall be entitled to disable such information that is in contravention to its Clauses. Mira Centre For Innovation shall also be entitled to preserve such information and associated records for defined number of days for production to governmental authorities for investigation purposes.

7.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Mira Centre For Innovation has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.

7.5 Mira Centre For Innovation may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Mira Centre For Innovation to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Mira Centre For Innovation as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Mira Centre For Innovation or any person on its behalf and the User or where the User has consented to data transfer.

7.6 Mira Centre For Innovation respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

8. RETENTION AND REMOVAL

Mira Centre For Innovation may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs, Consultation Chats and video/audio recordings may be preserved as long as administratively necessary.

9. APPLICABLE LAW AND DISPUTE SETTLEMENT

9.1 You agree that this Agreement and any contractual obligation between Mira Centre For Innovation and User will be governed by the laws of India.

9.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Mira Centre For Innovation. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be West Bengal. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

9.3 Subject to the above Clause 9.2, the courts at West Bengal shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

10. CONTACT INFORMATION GRIEVANCE OFFICER

10.1 If a User has any questions concerning Mira Centre For Innovation, the Website, this Agreement, the Services, or anything related to any of the foregoing, Mira Centre For Innovation customer support can be reached at the following email address: info@mcikolkata.com or via the contact information available from the following hyperlink:www.mcikolkata.com

10.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

Name: Mira Centre For Innovation Pvt Ltd
Shop No 1, GD FR 39,
Rai Bahadur Road, LP 2/5/0
Kolkata – 700 034
Phone: +91 8240294855
Email: info@mcikolkata.com

In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

11. LOG FILES:

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

12. COOKIES:

Like most interactive web sites this Company’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

13. LINKS:

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

14. FORCEMAJEURE:

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

15. GENERAL:

The laws of India govern these terms and conditions. By accessing these terms or using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the Indian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.