Terms & Conditions

Medanta - The Medicity Hospital ("Medanta") is offering the facility of clinical consultation using video conferencing facility and booking of other clinical and care services ("Services") through its mobile application (App) with the name – Medanta App, website https://www.medanta.org & website telemedicine link - https://www.care.medanta.org. The following terms and conditions govern all your transactions with respect to the Services including online appointment booking, payment and refunds and/or any and all other transactions through the application and website or through its authorized third party websites.

The Services available on the application and website does not in any way constitute an invitation or recommendation to avail the Services. The Services provided through the Application and Website are not intended in any way to be a substitute for face to face consultation with a health practitioner. Medanta advises the users to make independent determination in respect of its accuracy or usefulness and suitability prior to making any decision in reliance hereof.

1. Availability, Appointment, Rescheduling and/or Cancellation:

• Services shall be available for various specialties & investigations and as per the fees as listed in the schedule on the Website.
• The Services with respect to a specific doctor/physician or any investigations shall be available subject to his/her availability or the machine. Confirmation of your appointment with a specific doctor/physician as per his/her availability, or for investigations, shall be sent to you via SMS and/or e-mail. Medanta reserves the right to reschedule or cancel an appointment without any prior notice.
• The appointment time provided to you is indicative and actual time may vary.
• Your appointment shall be deemed as cancelled in case of your absence at the appointed time.

2. User Submissions/Disclosures:

• You are required to submit/upload relevant personal and clinical information on the Application and Website for seeking appropriate advice related to the condition of the patient. This information shall include patient's details including demographic details like name, age, gender, address, clinical history, investigations results, reports, earlier prescriptions, contact details, card holder's name and other relevant details.
• You are advised to submit/upload all relevant, complete and accurate information on the application and website for availing the Services. If the information provided by you is found to be incomplete/false/deceptive/inaccurate or misleading, Medanta reserves the right to cancel your appointment without assuming any liability whatsoever.
• Medanta may use your information for the purpose of providing the Services including analysis, research, training and disclosure (where required) to its affiliates, agents and government authorities.
• Medanta or its on-board service provider may contact you for any of the services requested including post consult or post diagnosis follow-up.
• You shall receive an OTP from Medanta for the purpose of login into the app and availing the Services and the said OTP shall also enable you to access and/or download your medical records from the application and Website. You agree to keep the OTP as confidential and not to share the same with third party. You understand that in case you share/disclose your OTP with any third party or allow a third party to link you as a member in his/her portfolio by sharing the OTP, then, all your clinical/medical information would be accessible to and could be downloaded by the said third party. Medanta shall not be responsible and/or liable in any manner in the event of disclosure of your medical/clinical information in the above circumstances.
• You also understand that your login credentials must also remain confidential and you should not share/disclose the same with anyone else. Further, in case you share/disclose your login credentials with any third party, then, all your clinical/medical information would be accessible to and could be downloaded by the said third party. Medanta shall not be responsible and/or liable in any manner in the event of disclosure of your medical/clinical information in the above circumstances.
• Medanta reserves the right to remove the files uploaded by you after 3 months of your appointment with doctor or availing any services.
• Medanta reserves the right to remove the prescription uploaded by the doctor against your appointment after 3 years of uploading.

3. Mode of Communication:

• The Services available on the application and website shall be provided to you via (i) video conferencing (applicable for consult), (ii) in-person. Please ensure that you are equipped with proper video conferencing equipment and internet connectivity while availing the video conferencing services. In case of inadequate video conferencing equipment, technical error or defective internet connectivity, your appointment shall be rescheduled or cancelled by Medanta.
• You understand and acknowledge that the video conferencing services shall be provided remotely therefore there shall be no physical examination, direct access/contact or face-to-face consultation with the patient. The opinion delivered by the doctor/physician during/post a video conferencing shall solely be based on the verbal communication between the concerned doctor/physician and the patient and the information provided/uploaded by you on the application and website.
• Any consultation, advice or prescription given by the health practitioner during the video conference consultation must be clinically correlated with the findings of the physical examination of the patient.
• Medanta shall not be liable for misdiagnosis/faulty judgment/interpretation error/perception error resulting from (i) your failure to provide correct and/or complete clinical information/history about the patient in timely and clinically appropriate manner; or (ii) suppression of material facts; or (iii) your failure to provide relevant clinical information about the patient; or (iv) misinterpretation of the advice/prescription/diagnosis by you; or (v) failure to follow doctor's advice/prescription by you.
• Please note that the Services are not meant in any way for emergency and life-threatening conditions. It is advised to take the patient to the nearest hospital in such cases.

4. Device Permissions

We ask for the following device permissions on installation of the Medanta App:

(a) Receive and Read SMS: To automatically detect and process OTPs for secure logins;

(b) Send SMS: To send invites for attending video consultations or other important notifications to your invitees/contacts.

Microphone and Camera: We require access to your microphone and camera to provide the following features: (a) Voice Commands: To allow you to interact with the app using voice commands for a hands-free experience; (b) Audio/Video Calls: To facilitate audio and video consultations with healthcare professionals; and (c) Video Consultations: Enable video calls with healthcare professionals.

Notification: We require permission to send notifications to provide the following features: (a) Appointment Reminders: To receive timely reminders; (b) Health Alerts: To get notifications about important health updates and medication reminders; and (c) App Updates and Promotions: To stay informed about new features, updates, and special offers.

Files and Images: We require access to files and images to facilitate upload of documents or images for sharing them with Medanta team.

SSID/BSSID: We require this access for checking the status and strength of Wi-Fi signals and to determine the best possible way to connect so you can avail your services.

GPS location: We require access to GPS location for fetching your address to identify nearby Medanta healthcare facilities, personalize availability of services and enable check-in feature on day of consultation.

5. Cookies:

• For the purpose of storing your preferences, previous activities, browsing activities, profiling and tracking behavior on this application and website, Medanta may use "Cookies". Cookies are small data files that the application and Website store on your web browser. By visiting this Website or using this application you acknowledge, accept and expressly authorize Medanta for the placement of Cookies on your web browser.

6. Service Fees & Prescription Letter:

• You may avail the Services subject to payment, in the manner prescribed by Medanta, of applicable consultation fees (“Service Fees”). Other than in case of in-person consultation, the prescription letter shall be made available on the application and Website after receipt of the requisite Service Fees.

7. Electronic Payments/ Refunds:

• Medanta offers online mode of payment, hence, you may use internet banking or debit/credit card for making payment of the Service Fees. You shall be directed to our trusted payment gateway partners once you proceed to make payment of Service Fees.
• Medanta shall not be liable in any manner whatsoever, if incorrect or inaccurate credit/debit card details are provided by you for making the payment of the Service Fees or you use a credit/debit card which is not lawfully owned by you or if you permit a third party to use your password or other means to access your account.
• Medanta shall keep the aforesaid information confidential at all times and shall not utilize and share the same with any of the third parties unless it is an authorized third party website and/or required by law, regulation or court order.
• Refunds may be made on your request in case (i) an appointment is cancelled either by Medanta and/ or by you; (ii) legible recommendation/ prescription is not made available on the application and website. Refunds may be processed within 15 working days from the receipt of a request from you.

8. Use of Content; Copyright

• Medanta owns the application and website as well as the intellectual property contained thereon including all programs, processes, designs, software, technologies, trademark, trade names, inventions and materials therein and all the services offered by the doctors/physicians or others on the application and website. If you allow other person to use/ access your debit/ credit card or internet banking account then you will be responsible for any transaction they authorize.

9. Privacy and Security:

• Medanta uses secure encryption technology to keep your information safe and secured at all times. Medanta is committed towards maintaining the privacy of the information uploaded by you on the application and website and complies with the industry standards security safeguards for the purpose of securing the application and website and the information provided/uploaded by you.
• Medanta uses all reasonable endeavours to ensure the integrity of the online payment facility's security. Despite our endeavours, breaches of security and confidentiality could occur. You acknowledge that we are not liable for any loss suffered by you as a result of any breaches in security.

10. Privacy Policy:

• Generally some of the Services require us to know who you are so that we can best meet your needs. When you access the Services, we may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you. Without prejudice to the generality of the above, information collected by us from you may include (but is not limited to) the following:
• Contact data (such as your email address and phone number);
• Demographic data (such as your gender, your date of birth and your pin code);
• Data regarding your usage of the services and history of the appointments and other transactions made by or with you through the use of Services;
• Health or medical data (such as your past medical history and conditions, diagnostic reports, prescriptions and medication history)
• Other information that you voluntarily choose to provide to us (such as information shared by you with us through emails or letters, your work details, your family details)
• User image in the profile section
• The information collected from you by Medanta may constitute ‘personal information’ or ‘sensitive personal data or information’. Personal information means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
• The “sensitive personal data or information” of a person to mean personal information about that person relating to:
• physical, physiological and mental health condition;
• medical records and history;
• biometric information;
• visitor details as provided at the time of registration or thereafter; and
• Information that is freely available in the public domain or accessible under the Right to Information Act, 2005 or any other law will not be regarded as personal information or sensitive personal data or information.
• All the information provided to us by a User, including sensitive personal information, is voluntary. You understand that Medanta, either itself or with its Partners, may use certain information of yours, which has been designated as ‘sensitive personal data or information’, (a) for the purpose of providing you the Services, (b) for commercial purposes and in an aggregated or non- personally identifiable form for research, statistical analysis and business intelligence purposes, for (c) for sale or transfer of such research, statistical or intelligence data in an aggregated or non-personally identifiable form to our Partners. Medanta also reserves the right to use information provided by or about the User for the following purposes:
• Contacting Users for offering new products or services.
• Contacting Users for taking product and Service feedback.
• Analysing software usage patterns for improving product design and utility.
• Analysing anonymized information for commercial use.

11. Indemnity

• You agree and undertake to indemnify and keep indemnified Medanta, the concerned doctor/ physician and Medanta for any losses, costs, charges and expenses including reasonable attorney fees that the concerned doctor/ physician and Medanta may suffer on account of (a) misdiagnosis/faulty judgment/interpretation error/perception error arising from (i) your failure to provide correct and/ or complete clinical information/ history about the patient in timely and clinically appropriate manner; or (ii) suppression of material facts; or (iii) your failure to provide relevant clinical information about the patient; or (iv) misinterpretation of the advice/ prescription/ diagnosis by you; or (v) failure to follow doctor's advice/ prescription by you; or (b) incorrect or inaccurate credit/ debit card details provided by you; or (c) using a credit/ debit card which is not lawfully owned by you; or (d) if you permit a third party to use your password or other means to access your account.

12. Disclaimer

• Medanta provides the Services on "as is" basis and expressly disclaims all representations, warranties or conditions of any kind, either expressed or implied, as to the operation of the application and website, the information, content, services provided through or in connection with the application and website or regarding the merchantability or fitness for purpose of the Services.
• In no event shall Medanta be responsible for any third party misuse for the data and for any acts, deeds and circumstances beyond the control of the management of Medanta.
• You agree and acknowledge that you are solely responsible for your conduct.
• Medanta would never ask for payments into individual account. We urge to use our payment gateway to make payment through the link shared through SMS after the appointment is confirmed. Or please call our helpline number +91-880-000-1068 for assistance.

13. Limitation of Liability:

• In no event shall Medanta be liable for any direct, indirect, punitive, incidental, special or consequential damages or any damages whatsoever including without limitations, damages for loss of use, data or profits, arising out of or in any way connected with the use of Medanta Services.
• Medanta reserves the right to refuse the use of Services immediately in case your conduct is deemed by Medanta to be in contravention of applicable acts, laws, rules and regulations or considered to be unethical/ immoral.

14. Modification of Terms and Conditions of Service:

• Medanta may at any time, without any prior notification to you, modify these terms and conditions.
• Please review the latest version of the terms and conditions before proceeding to avail the Services.
• If you continue to use the Service, it shall be deemed that you agree to accept and abide by the modified terms and conditions.

15. General Terms and Conditions:

• This agreement shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of the courts at New Delhi/ Gurgaon.
• Medanta makes no representations that the Services are appropriate for patients in any other location except India as Medanta operates and controls this application and website from India.
• If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law then the said provision will be superseded by a valid, enforceable provision and the remainder of the agreement shall continue in effect.
• You acknowledge that the relationship created through your use of this application and website shall be of principal to principal. You shall not represent yourself as a representative, agent or employee of Medanta.
• You represent and warrant that you are not a minor (i.e. above 18 years of age) and that you are competent and eligible to enter into legally binding agreement.
• No Complimentary follow-up consult is applicable for “Instant General Physician consult”.

The terms and conditions herein form an agreement. Please read this agreement carefully and if you are not agreeable to any terms and conditions, please do not proceed further. By clicking on "I Agree" and proceeding further you signify that you have read through, understood and accepted the aforementioned terms and conditions of use of Services. You must agree to the above terms and conditions in order to avail the Services through the application and website.

If you have any queries or need any clarification or assistance, please contact us at: +91-880-000-1068 or support@medanta.org