(For Patients/Users of the HealthMediQ Platform)
This document constitutes a legally binding electronic record under the provisions of the Information Technology Act, 2000, the rules made thereunder, and other applicable laws. It is published in accordance with Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These Terms and Conditions (“Terms”) govern your access to and use of the HealthMediQ website, mobile application, and related services (collectively, the “Platform”) operated by HealthMediQ, a partnership firm registered under the Indian Partnership Act, 1932, having its principal place of business at Suraj Chowk, Sawratoli, Subhash Ward, Gondia, Maharashtra-441601, India (hereinafter referred to as the “Firm”, “HealthMediQ”, “We”. “Us”, or “Our”). By accessing or using the Platform, you (“User”,“Patient”, or “You”) agree to be bound by these Terms and the Privacy Policy, Refund & Cancellation Policy, and Telemedicine Consent Policy incorporated herein by reference. If you do not agree to these Terms, please refrain from using the Platform.
1. DEFINITIONS AND INTERPRETATION
1.1 “Healthcare Provider” means any doctor, nurse, physiotherapist, wellness coach, or other healthcare professional who offers healthcare services through the Platform.
1.2 “Services” means the facilitation and coordination by HealthMediQ of appointments, teleconsultations, home healthcare visits, and other healthcare-related services.
1.3 “Platform” means HealthMediQ’s digital ecosystem, including its website, mobile application, APIs, and backend software infrastructure.
1.4 “User” or “Patient” means any person who accesses, registers, or uses the Platform to avail Services.
1.5 “Medical Services” means the clinical, diagnostic, therapeutic, or advisory services delivered directly by a Healthcare Provider.
1.6 “Applicable Laws” means all laws, statutes, rules, regulations, and government notifications in force in India, including but not limited to the Indian Contract Act, 1872; Information Technology Act, 2000; Digital Personal Data Protection Act, 2023; Consumer Protection Act, 2019; Clinical Establishments Act, 2010; Maharashtra Nursing Council Act, 1966; and Telemedicine Practice Guidelines, 2020.
2. ACCEPTANCE OF TERMS
2.1 Your use of the Platform constitutes an acknowledgement that you have read, understood, and agreed to these Terms.
2.2 These Terms form a binding contract between You and HealthMediQ.
2.3 HealthMediQ reserves the right to amend or modify these Terms at its sole discretion. Any changes shall be effective upon publication on the Platform. Continued use constitutes acceptance of such changes.
3. ELIGIBILITY AND ACCOUNT REGISTRATION
3.1 You must be at least 18 years of age and legally competent to enter into a binding contract.
3.2 If you are using the Platform on behalf of a minor or dependent, you represent that you are their legal guardian.
3.3 You shall provide accurate and complete registration details and promptly update any changes.
3.4 You shall maintain the confidentiality of login credentials and shall be responsible for all activity conducted under your account.
4. NATURE AND SCOPE OF SERVICES
4.1 HealthMediQ is a digital intermediary connecting Users with independent Healthcare Providers.
4.2 HealthMediQ does not provide medical, diagnostic, or clinical services.
4.3 All medical opinions or treatments are provided directly by Healthcare Providers.
4.4 HealthMediQ does not guarantee the qualifications or conduct of any Healthcare Provider.
4.5 Users acknowledge that teleconsultations have limitations and are not substitutes for in-person clinical assessments.
5. RELATIONSHIP BETWEEN HEALTHMEDIQ AND HEALTHCARE PROVIDERS
5.1 Healthcare Providers are independent contractors.
5.2 HealthMediQ does not practice medicine or assume liability for provider negligence.
5.3 Responsibility for diagnosis and treatment rests solely with the Healthcare Provider.
6. USER CONDUCT AND OBLIGATIONS
6.1 All information provided shall be true and complete.
6.2 The Platform shall be used only for lawful purposes.
6.3 Users shall not:
a. Upload defamatory, unlawful, or obscene content;
b. Access unauthorized areas;
c. Transmit viruses or malware;
d. Harass any provider or employee.
6.4 HealthMediQ may suspend or terminate access for violations.
7. TELECOMMUNICATION AND HOME HEALTHCARE
7.1 Teleconsultations shall comply with Telemedicine Practice Guidelines 2020.
7.2 User consents to share health information for consultations.
7.3 Providers may recommend in-person visits.
7.4 Home Healthcare Services:
a. User must ensure safe premises.
b. HealthMediQ is not liable for injury or property damage except in cases of gross negligence.
c. Travel or consumable costs shall be payable as applicable.
8. PAYMENTS, CANCELLATIONS AND REFUNDS
8.1 Fees shall be displayed transparently.
8.2 Payments shall be made through approved payment gateways.
8.3 Taxes shall be borne by the User.
8.4 Refunds shall be governed by the Refund & Cancellation Policy.
8.5 HealthMediQ is not liable for failures in third-party gateways.
9. DATA PRIVACY AND PROTECTION
9.1 HealthMediQ processes data as per IT Act 2000, SPDI Rules, and DPDP Act 2023.
9.2 By using the Platform, you consent to data processing as per the Privacy Policy.
9.3 Sensitive data includes medical history and records.
9.4 Users may request deletion of data subject to legal limits.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 All content and trademarks belong to HealthMediQ.
10.2 Unauthorized use is prohibited.
10.3 Users are granted a limited license to use the Platform.
11. THIRD-PARTY LINKS AND SERVICES
The Platform may contain links to third-party websites. HealthMediQ is not responsible for such content.
12. LIMITATION OF LIABILITY
12.1 HealthMediQ shall not be liable for:
a. Indirect or consequential damages;
b. Errors by Healthcare Providers;
c. Data loss or unauthorized access;
d. Service delays or unavailability.
12.2 Total liability shall not exceed the amount paid by the User.
13. INDEMNIFICATION
Users shall indemnify HealthMediQ for losses arising out of:
a. Breach of Terms;
b. Misuse of Platform;
c. Violation of third-party rights.
14. TERMINATION
14.1 HealthMediQ may suspend User access for breach or misuse.
14.2 Post termination, confidentiality and liability provisions survive.
15. DISPUTE RESOLUTION AND GOVERNING LAW
15.1 Governed by Indian law.
15.2 Disputes resolved amicably within 30 days.
15.3 If unresolved, arbitration in Nagpur, Maharashtra.
15.4 Courts in Maharashtra have exclusive jurisdiction.
16. MISCELLANEOUS
16.1 Force Majeure applies.
16.2 Users may not assign rights.
16.3 No waiver is continuing.
16.4 Invalid provisions shall not affect the remainder.
16.5 These Terms constitute the entire agreement.
17. GRIEVANCE REDRESSAL AND CONTACT
Grievance Officer: SANJAYVILAS HARIDAS KHOBRAGADE
Email: info@healthmediq.com
Address: Suraj Chowk, Sawratoli, Subhash Ward, Gondia, Maharashtra – 441601
Phone: +91 9930372225
Complaints shall be acknowledged within 24 hours and resolved within 15 business days.