TERMS OF USE

VAC Technologies Private Limited (hereinafter referred to as "MyVac") is engaged in the business of providing modern innovative technologies for improving the quality and accessibility of healthcare facilities and operates this online platform (the "eCommerce Platform") for the purpose of providing information, access to medical practitioners including the facility to fix appointments with medical practitioners listed on the eCommerce Platform ("Services"). The associated medical practitioners listed on the eCommerce Platform ("Associated Medical Practitioner") provide their professional medical services such as medical consultation, advising/ prescribing the course of action and implementation/ administration of the necessary course of action ("Medical Services"). Medical Services shall be deemed to include prescription and administration of vaccines. Any person visiting the eCommerce Platform through MyVac's website known as www.myvac.in ("Website") or MyVac's application for mobile devices ("Application") may avail the Medical Services for himself/ herself or any other person shall be considered as the user of the Services ("User(s)").

The following Terms of Use govern the use of the Services provided by MyVac. These Terms of Use constitute a legal agreement between the User and MyVac. The terms "you" and "your" shall mean the User and the terms "we" and "us" shall mean MyVac in these Terms of Use.

Your use of the Website and/or Application is an acknowledgement that you have reviewed the Terms of Use and understand and accept them and agree to comply with and be legally bound thereby. These Terms of Use govern your access to and use of the Website and/or Application including the Services and constitute a binding legal agreement between you and MyVac. If you do not agree to these Terms of Use, you must refrain from using the Website and/or Application and Services. Your acceptance or agreement of these Terms of Use and the Privacy Policy would be considered a legally binding agreement between you and MyVac.

MyVac reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time without prior notice. Please check these Terms of Use periodically for changes. All changes will become effective immediately unless otherwise stated and you should check these Terms of Use for changes from time to time. Your act or omission in complying with these Terms of Use or the Privacy Policy would be considered as material breach of this agreement and may subject you to civil and criminal action.

THE WEBSITE AND/OR APPLICATION IS AN ECOMMERCE PLATFORM, WHICH PROVIDES A MARKETPLACE WHEREIN THE ASSOCIATED MEDICAL PRACTITIONERS HAVE BEEN LISTED FOR THE CONVINIENCE OF THE USERS. MYVAC HAS NO CONTROL OVER THE CONDUCT OF ASSOCITED MEDICAL PRACTITIONERS OR THEIR CLINICAL STAFF AND DISCLAIMS ANY OR ALL LIABILITY THAT MAY ARISE IN CONNECTION WITH THE INTERACTION YOU MAY HAVE BY THE USE OF THIS ECOMMERCE PLATFORM.

This Terms of Use is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This Terms of Use is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of the Services.

YOUR CONTINUANCE IN USING THE WEBSITE AND/OR APPLICATION SHALL BE CONSIDERED AS AN ACKNOWLEDGEMENT FOR ACCEPTANCE OF THE WEBSITE AND/OR APPLICATION AND THE SERVICES TOGETHER WITH THE ACCEPTANCE OF THE TERMS OF USE, PRIVACY POLICY, DISCLAIMER, ETC.

Eligibility for Using Website and Application

The use of the Website and/or Application is available only to User(s) that can form legally binding contracts under the applicable law and have the requisite qualification. You undertake and acknowledge that you as a User are an individual and 18 years of age and above and not barred by law for availing the Services and/or the Medical Services, which and will be availed by you in your individual capacity or on behalf of other person. By accessing or using the Website and/or Application you represent and warrant that you are legally eligible to enter into a contract with MyVac through the Website/ Application. The Website and/or Application provided by MyVac, is for informational purposes only, with the understanding that we are by the provision of these materials not engaged in the rendering of professional Medical Services.

The information contained in or through the Website and/or Application is based upon sources believed to be accurate and reliable and we have exercised reasonable care to assure the accuracy or completeness of the information. We make no representation or warranty as to such accuracy or completeness. We do not guarantee that the Website and/or Application will operate continuously or without interruption or be error free.

Amendment to the Website and/or Application

MyVac reserves the right, at its sole discretion, to amend/ modify the Website and/or Application (including but not limited to the Services and content present therein) or to amend these Terms of Use, at any time and without prior notice. MyVac also reserve the right to suspend or discontinue any aspects of the Website and/or Application and/or Service at any time without prior information and without being liable for any direct or indirect loss as a result of such action. Your continuance in using the Website and/or Application would be considered as an acknowledgement for acceptance of the modified Website and/or Application and the Services including these Terms of Use, Privacy Policy and any other terms & conditions mentioned elsewhere on the Website/ Application.

No implied Warranty

MyVac makes no express or implied representations or warranties about its Services and disclaims any implied warranties. MyVac does not authorize anyone to make a warranty on MyVac's behalf and you may not rely on any statement of warranty as a warranty by MyVac.

General Terms

You hereby represent and warrant that:

Use of Services of MyVAC

You may use the Services of MyVac through registration with MyVac on the Website/ Application for the purpose of connecting with the Associated Medical Practitioners for receiving the Medical Services.

MyVac does not warrant that its Services will always function without disruptions, delay or errors. A number of factors may impact the use of the Services on the Website or Application including but not limited to failure of your local network, firewall, your internet service provider, the public internet, your power supply and telephony services. MyVac takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which MyVac has no control.

In the event the Website/ Application are not available or are rendered unusable due to apparent default at MyVac's end, MyVac may not be held liable for such default on its part.

The Services may be subject to certain limitations. Hence, you are hereby informed to understand these Terms of Use and Privacy Policy.

You alone shall be liable for your dealings and interaction with the Associated Medical Practitioners, his/her clinical/managerial staff. MyVac does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by Associated Medical Practitioners through use of the Services.

MyVac may, at its sole discretion, suspend your use or access the Services at any time while MyVac investigates complaints or alleged violations of these Terms of Use or the Privacy Policy or any other terms and conditions provided by MyVac on the Website/ Application.

MyVac reserves the right to use all information captured through use of the Services for the purpose of improvement of the Services and providing analytics and businesses intelligence to third parties.

Appointements

MyVac accepts online appointment requests by the User(s) for all Associated Medical Practitioners listed and displayed on its Website/ Application. MyVac intends to take all reasonable steps to duly inform Associated Medical Practitioner via phone, SMS and email for appointment requests made by the User(s). In case appointment requests do not reach the Associated Medical Practitioners at all or in a timely manner due to technical or operational reasons including but not limited to cases when Associated Medical Practitioner does not respond to messages sent electronically or to the phone calls made by MyVac for confirming the appointment of the User(s), MyVac shall have no liability or responsibility in this regard to you.

Online Appointment Confirmation Charges

MyVac upon successful confirmation of an appointment with the selected Associated Medical Practitioner shall send a confirmation message on your registered mobile number via SMS and email confirming such appointment along with such details as would assist you to reach out to the Associated Medical Practitioner.

Consultation Fee

You are required to pay the Consultation Fee directly to the Associated Medical Practitioner. For further details on fee payment security details, kindly refer to our Privacy Policy.

Medicine and Vaccination Charges

You will be required to pay the Medicine and/or the Vaccination Charges on actual price mentioned on the Medicine and/or the Vaccine consumed by the User or under the guardianship of the User.

Cancellation & Refunds

Cancellation by You:

A confirmed appointment can always be cancelled by you with prior notice of up to three (3) hours to MyVac before the scheduled time of appointment with the Associated Medical Practitioner.

Cancellation by the Associated Medical Practitioner:

The Associated Medical Practitioner can cancel the appointment anytime and a communication through push messages and email will be sent to you.

Rescheduling of Appointments and Change of Location:

We offer you the convenience of rescheduling and change of Associated Medical Practitioner or change of preferred location subject to the availability of the same or alternate Associated Medical Practitioner. You may also be suggested alternate Associated Medical Practitioner in case of non-availability of the Associated Medical Practitioner you may have chosen in case of rescheduling or change in the preferred location. MyVac also provide flexibility in pick and choose the Associated Medical Practitioner even after confirmation of appointment. Any reschedule of the confirmed appointment and/or change of location is permitted to be done only prior to three (3) hours of time of appointment.

MyVac will make every feasible effort to ensure a confirmed appointment for the User(s) who request an appointment on the Website/Application however, MyVac does not guarantee that the appointments will be confirmed or rescheduled in all cases. MyVac shall not be held liable in case your "Do Not Disturb" service provided by your telecom operator blocks MyVac's appointment confirmation messages, calls or emails. MyVac assumes no liability in case a confirmed appointment is later cancelled by the Associated Medical Practitioner or that the Associated Medical Practitioner is not available at the appointment time.

MyVac may restrict, suspend or terminate your account on the misuse of the Services. Misuse includes creating multiple or false profiles, infringing any intellectual property rights, breaching confidentiality obligations, violating any of the terms and conditions of these Terms of Use, or any other behaviour that MyVac, in its sole discretion, deems contrary to its purpose.

Registration with MyVac

By registering, or accepting these Terms of Use, you represent and warrant to MyVac that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services available through the eCommerce Platform and agree to and abide by them.

Online Registration:

As and when you would want to avail the Services of MyVac, you would be required to register with MyVac through online Website and/or mobile Application. You would also be communicated most important terms and conditions upon your successful registration. The Online Registration would require your particulars, personal details, name, age, sex, medical history, medical requirements and any other information that may be required. MyVac holds the right to make changes to its Online Registration procedure at its sole discretion without prior notice. Once you agree to the Terms of Use and Privacy Policy proposed by MyVac by executing the document, your registration process will be complete.

Login ID and Password:

Upon Online Registration with the Website/ Application of MyVac, you will be allowed to Login with your Login ID and Password. You are requested to keep your Login ID and Password confidential. You are not permitted to share the login ID and Password with any third party.

You are not permitted to transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) the Login ID and Password or right to use the Services to any third party. You shall be solely responsible for any disclosure of Login ID and Password to any third party for providing assistance in rendering the Medical Services and such person shall at all times abide by these Terms of Use. Any violation of these Terms of Use or any other terms and/or conditions provided on the Website/ Application shall be deemed to be a breach thereof by you.

You agree that any information you give to MyVac will always be true, accurate, correct, complete and up to date, to the best of our knowledge. Any phone number and email ID used for Online Registration purposes with MyVac shall be registered in your name for future communications with you.

You agree that you will not use the Services provided by MyVac for any unauthorized or unlawful purpose and will not impersonate any another person.

Termination of Registration with MyVac

Terms of Use including any amendments thereto shall remain in full force and effect while you remain associated for using the Services in any form or capacity.

You can terminate your Online Registration by contacting our user support services center. MyVac shall not be liable to you or any third party regarding any termination of your access to the Website/ Application.

MyVac, in its sole discretion, reserves the right to terminate your registration with it in case:

Upon termination, you cannot continue to use the Services and your Login ID will be blocked by MyVac and you shall no longer have access to data, messages, files and other content on the Website/ Application. You shall not maintain backup of any such content, data or information of the Website/ Application whether in electronic or physical form. Violation of this will be considered as breach of the Terms of Use and the Privacy Policy. Nothing contained in these Terms of Use shall restrict MyVac's use of the data or right to publish information made available by the Associated Medical Practitioner in the public domain through the Services after the termination or expiry of the association or cessation of operation of these Terms of Use.

MyVac reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your content from the Website/ Application in case of termination. You shall not hold MyVac or any of its Associated Medical Practitioners or any of its directors, shareholders, employees, independent contractors, agents, successors, affiliates and assigns liable for termination of the Online Registration.

Cancellation Procedure

For cancellation of the confirmed appointments, please login with your ID and Password and request cancellation on the Cancel Appointment tab. All cancellation of appointment should be preferably made prior to three (3) hours before the scheduled time of appointment. All cancellations shall be subject to Cancellation and Refunds policy mentioned in these Terms of Use or elsewhere on the Website/ Application. You will be intimated about the cancellation of appointment on the Website/ Application as well as through email and SMS.

Confidentiality

MyVac confirms that any personal or sensitive information (the "Confidential Information") collected from you shall be kept confidential at all times and shall not be disclosed without your prior permission as the case may be. Confidential Information shall remain the exclusive property of MyVac and the Associated Medical Practitioner shall maintain, and shall use prudent methods to cause his/ her employees, assistants, representatives and agents to maintain, the confidentiality and secrecy of such Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it.

In case you receive any information regarding any unauthorized disclosure of Confidential Information, you should immediately and without delay inform MyVac about the same. For more information, kindly refer to the Privacy Policy.

Links from Third Party Websites

MyVac does not review or monitor third party websites which provide link to the Website and/or Application and is not responsible for the content of any such websites. MyVac neither endorses nor is responsible for the contents of such websites that provide links to the Website and/or Application. We reserve the right to disable any and all links from third party websites to the Website and/or Application at any time. These other websites may collect data including solicit personal information from you, or contain information that you may find inappropriate or offensive. MyVac does not make or give any representation or warranty (express or implied) of any kind to assure that the data or information provided by you on such third party websites shall be secure and not misused.

Links to Third Party Websites

The Website and/or Application may contain links to third-party websites or resources. You acknowledge and agree that MyVac is not responsible or liable for correctness or accuracy of information available on such websites. Any links to such websites or resources would be for information purpose only. MyVac shall not be responsible for any risk arising from your use of any such websites or resources or the content, products or services available on such websites or resources. You are requested to verify the accuracy of all information on your own before relying on information of such websites or resources.

Intellectual Property Rights

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, MyVac owns all intellectual property rights to and into the Website/ Application and associated software, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website/ Application, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons and hyperlinks (collectively "MyVac Content") and are protected under the aforementioned laws.

MyVac authorizes you only to view and access the MyVac Content available on the Website/ Application. You acknowledge and agree that you shall not use, reproduce or distribute any MyVac Content from the Website and/or Application belonging to MyVac in any way for any public or commercial purpose or for personal gain without obtaining authorization from MyVac.

Access and Interference

You will not use any robot, spider, trojan, other automatic device, or manual process to monitor or copy the Website and/or Application or the content or information contained therein. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and/or Application or any transaction being conducted through the Website and/or Application. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Website and/or Application. The information you provide to us (i) shall not contain any viruses, Trojan horses, worms, online time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

Limitation of Liability

Neither MyVac nor any of our subsidiaries, affiliates, agents, representatives or licensors, licensees shall be responsible for any direct, indirect, special, incidental or consequential loss or damage, punitive or similar damages including without limitation, loss or damage by way of loss of profits, loss of business opportunity, business interruption or loss of information however arising and whether in contract, tort or otherwise, which you or anyone else may suffer in connection with or arising out of your access or use or your inability to access or use the Website and/or Application; or your use of or reliance on MyVac Content or information or any other material accessed through the Website and/or Application including any linked website.

These Terms of Use do not purport to exclude liability arising by any applicable law if, and to the extent, such liability cannot be lawfully excluded, however, to the extent permitted by law, all warranties, terms or conditions which would otherwise be implied into these Terms of Use are hereby excluded.

Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of the application of or the liability of MyVac under, any such warranty, term or condition, then the liability of MyVac shall include liability for that warranty, term or condition but such liability will be limited for a breach of that warranty, term or condition.

We are not responsible for, and shall have no liability for:

Indemnification

You agree to indemnify, defend and hold harmless MyVac and its officers, directors, shareholders, employees, independent contractors, agents, successors, affiliates and assigns (hereinafter collectively referred to as the "Indemnified Parties") from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by MyVac arising out of or resulting from or in any way connected with (a) your access to or use of the Website and/or Application in violation of these Terms of Use; (b) provision of the Medical Services by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind; (c) act or omission on your part resulting in breach of the Terms of Use; (d) your violation of any law or the rights of a third party. You shall be solely and exclusively liable for any breach of any rules and regulations mentioned herein or otherwise and MyVac cannot be held responsible for the same.

Compliance to Law

These Terms of Use are published in compliance of, and are governed by the provisions of Indian law, including but not limited to:

Assignment

The rights and obligations in the Terms of Use cannot be assigned or transferred without prior written consent of MyVac. Any attempt by you to assign or transfer your rights and obligations under these Terms of Use, without such consent would be null and void. MyVac, at its sole discretion, reserves it right to assign or transfer its rights and obligations under these Terms of Use without restriction.

Notices

Any notices or other communications permitted or required hereunder (to the address of MyVac as mentioned in Contact Us, will be in writing and sent (i) via email, and/or (ii) speed post. For notices made by e-mail and speed post, the date of receipt by MyVac will be deemed to be the date of delivery.

Governing Law & Jurisdiction

The Services described in and available through the Website and/or Application may not be available in your city, district, state or country. We make no representation that the Services offered in the Website and/or Application is appropriate or available for use in any particular location. If you choose to access the Website and/or Application, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Website and/or Application and/or viewing or use of any material or content therein or Services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Website and/or Application and must exit immediately.

Any disputes arising out of or related to the Website and/or Application shall be governed by and constructed and enforced in accordance with, the laws of India and you shall submit to the exclusive jurisdiction of the courts of New Delhi (India).

MyVac retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Dispute Resolution

The parties shall endeavour to agree and resolve any issues /matter with differing views through mutual discussions. If the parties fail to arrive at a settlement within thirty (30) days of such issue being raised by a party, all such disputes, controversies or claims arising out of or in connection with these Terms of Use or resulting therefrom, or the breach, termination or invalidity thereof shall be exclusively and finally settled by Arbitration in accordance with the provisions of the (Indian) Arbitration & Conciliation Act, 1996 as amended from time to time. Parties shall appoint a single arbitrator by mutual consent. If the parties fail to appoint the arbitrator or fail to act upon the request for appointment of an arbitrator within thirty (30) days from the date of receipt of notice of arbitration from a party, then such party may approach the court for appointment of the arbitrator. The arbitration proceedings shall be conducted in English and the venue and seat of Arbitration shall be New Delhi. The decision of the arbitrator shall be final and binding on the parties.

Grievance Redressal

You may also notify the Grievance Officer in case of any complaints against access or usage of Website and/or Application or in relation to the Services.

Grievance Cell: Kumar Anshuman

VAC Technologies Pvt. Ltd.
Address: 24 & 30, Ground Floor, Okhla Industrial Estate, Phase III, New Delhi - 110020
Phone: 011-41949400
Email: anshuman@myvac.in


Feedback

It is MyVac's endeavor to constantly improve our Services, your feedback, comments and suggestions would be essential. MyVac requests you to kindly submit Feedback in the Feedback section or by emailing at feedback@myvac.in or through the Contact Us section of the Website and/or Application. You acknowledge and agree that any Feedback provided shall be part of MyVac Content.

Medical Practitioner and Patients interaction on the MyVAC Website/ Application

The Website/ Application is an online marketplace providing a platform for connecting Patients with Associated Medical Practitioners. Any issue between the Associated Medical Practitioner(s) and Patient(s) is strictly between them and MyVAC shall not be held responsible for the same in any manner whatsoever. MyVAC is not involved in providing any healthcare or medical advice or diagnosis and if the Patient avails the Medical Services of the Associated Medical Practitioner, he/she does so at his own risk. MyVAC shall not be responsible for any deficiency or erroneous Medical Services rendered by any Associated Medical Practitioner.

The search results for an Associated Medical Practitioner are based on a computer algorithm and are not to be construed as an endorsement of their skills/ expertise by the Website/ Application. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of the Associated Medical Practitioner. Most of the information on the Website/ Application is mainly self-submitted by the Associated Medical Practitioner and hence, the Patients are encouraged to independently verify such information.

MyVAC disclaims any representation and/or warranty for the reliability of the credentials of any Associated Medical Practitioner and/ or the quality or accuracy of any diagnosis or consultation.

No Medical Services by MyVAC

Please note that some of the content including text, data, graphics, images, information, suggestions, guidance, and other material that may be available on the Website/ Application (including information provided in direct response to a Patients questions or postings) may be provided by the Associated Medical Practitioner. The provision of such content to the Patients by MyVAC does not constitute rendering of health care or diagnostic services to him by MyVAC.

The content on the Website/ Application should not be construed under any circumstances to be an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist with locating appropriate medical care from a qualified Associated Medical Practitioner. The information on the Website/ Application is for informational and scheduling purposes only.

MyVAC shall not be responsible or treated as a health-care provider on account of collection of consultation fees on behalf of Associated Medical Practitioners.

Support Information

MyVAC may list some general health information to support better decision making such as information and reminders concerning vaccinations, allergies, dosages, as well as general health-care related information and resources. The information and materials available through the Website/ Application are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute professional judgment. We are not responsible for the accuracy or completeness of information available on our Website/ Application. The users assume full risk and responsibility for the use of information they obtain from or through this Website/ Application, and agree that MyVAC is not responsible or liable for any claim, loss, or liability arising from the use of such information. The Patient agrees to review the definitions, functionality, and limitations of the information on the Website, and to make an independent determination of their suitability for his use. We make no guarantees, representations or warranties, whether expressed or implied, with respect to information provided on the Website/ Application.

Non-substitution of Professional Medical Advice

The information provided on the Website/ Application or in any other communication by MyVAC is not intended to substitute or replace professional medical advice, diagnosis, or treatment. Users are advised not to disregard, avoid or delay obtaining medical advice from a qualified health care professional because of advice that they may have obtained through the Website/ Application.

No liability for Technical issues

The Website/ Application is provided on an "as is" and "as available" basis. MyVAC is not liable for any technical or other operational difficulties or problems which may result in loss of data, personalization settings or other interruptions in the features offered on the Website/ Application. MyVAC does not provide any guarantee and shall not be held liable or responsible for the failure to send SMS or email or any other notifications or reminders as a feature of the Website/ Application. MyVAC shall not be held responsible or liable for any breach or loss of data including Personal information caused due to events beyond the control of MyVAC or due to technical reasons or third party actions.

User Acknowledgement

By proceeding further and checking on the "I Agree" button, you acknowledge that you, on your own accord wish to know more about MyVAC for your own information and use. You further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from MyVAC or any of the Associated Medical Practitioners to create a doctor-patient relationship through this Website/ Application. You further acknowledge that you have read and understood the Disclaimer above.

Last Updated: 22nd November, 2016 Copyright © VAC Technologies Pvt. Ltd. 2016. All rights reserved.