These terms and conditions of use (“Terms of Use”) of the Website (The domain name https://medintu.in and the mobile application are collectively referred to as “Website”) between   Health Solutions Private Limited   (hereinafter referred to as “Medintu” or “We” or “Our” or “Us” or “Company”) and the users/ registrants of the Website (“Y/you” or “Y/your” or “Y/yourself” or “U/user” which terms shall also include natural persons who are accessing the Website merely as visitors) describe the terms on which Medintu offers You access to the Website and the Services (as defined below) through the Website.   

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. 

YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF USE.  

1. Conditions Precedent    

1. https://medintu.in (“Website”) is an Internet based portal owned and operated by Medintu Health Solutions Private Limited  , a company incorporated under the under the provisions of the Companies Act, 2013, with its registered office at Plot No.470,471 Northeast Avenue, First Floor, Madhapur, Hyderabad-500081 Telangana State, India. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Medintu at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service. 
2. Medintu shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page http:medintu.in to view the most current Terms of Use. You can determine when Medintu last modified the Terms of Use by referring to the “Last Updated” legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. Medintu may require You to provide Your consent to the updated Terms of Use in a specified manner before prior to any further use of the Website and the Services is provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes. 
3. By (i) using this Website or any facility or Service provided by this Website in any way; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Website’s Privacy Policy available at the homepage, https://medintu.in. Further, by impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Medintu’s policies, including its Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are applicable for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of this Terms of Use. However, if you navigate away from the Website to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site. 
4. The Website is a platform that facilitates the purchase of pharmaceutical products, Health and Fitness products, medical services for sale by various relevant pharmacies, Health and fitness equipment, medical professionals (hereinafter referred to as “ Services”, with the relevant pharmacies / medical professionals referred to as “Sellers”). The arrangement between the Sellers and Medintu shall be governed in accordance with this Terms of Use. The Services would be made available to such natural persons who have agreed to become buyers on the Website after obtaining due registration, in accordance with the procedure as determined by Medintu, from time to time. The Services are offered to the Users through various modes which shall include Medical Appointment services, Fitness and Medical health devices, alternative medicines, health and related products, and Pharmaceutical products. The Website is only a platform through which Users may meet and interact with Sellers for their transactions. Medintu is not and cannot be a party to or control in any manner any transaction between the Users of the Website and the Sellers. 
5. The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Reliance on any information appearing on the Website, whether provided by Medintu, its content providers, visitors to the Website or others, is solely at Your own risk. Medintu advises the Users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from Your doctor or other qualified health care provider because of something You have read on the Website. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. You must have a prescription from a registered medical practitioner a scanned copy whereof shall be uploaded at the time of placing an order or be provided at the time of delivery of pharmaceutical products. Prescription medicines are delivered only after a prescription given by a registered medical practitioner has been received. Medintu maintains a record of all the prescriptions uploaded by the User which can be accessed by such User at any time in his account section and subject to applicable laws may also be used to re-order the prescribed medicines.
6. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
   1. the Indian Contract Act, 1872,
   2. the (Indian) Information Technology Act, 2000, and
   3. the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
   4. The Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
   5. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954; and Consumer Protection Act, 1986  
7. Users shall at all times ensure full compliance with the applicable provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and rules thereunder as applicable and as amended from time to time and also all applicable laws, rules and regulations (including, but not limited to sales tax/ VAT, income tax, octroi, service tax, central excise, custom duty, local levies etc.) regarding your use of Service and purchase, solicitation of offers to purchase, and sale of items or services on the Website. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 or regulations for the time being in force. 
8. Medintu agrees to deliver the merchandise ordered by you only at such locations as per the Order Confirmation Form. Medintu shall not be liable to deliver any merchandize or Services purchased by Users for delivery in locations outside India shall not be entertained.  
9. Medintu authorizes the User to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, ordering, receiving, delivering and communicating only as per the Terms of Use. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “Medintu Content”), are the property of Medintu and are protected under copyright, trademark and other laws. User shall not modify the Medintu Content or reproduce, display, publicly perform, distribute, or otherwise use the Medintu Content in any way for any public or commercial purpose or for personal gain. 
10. Compliance with the Terms of Use would entitle the User to a personal, non- exclusive, non-transferable, limited privilege to access and transact on the Website. 
11. These Terms of Use constitute an electronic record in terms of the Information Technology Act, 2000 and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures. 

1. Eligibility to Use 

1. You must be 18 years of age or older to register, use this computer resource, or visit or use the Website in any manner. By registering, visiting the Website or accepting this Agreement, you represent and warrant to Medintu’s that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and agree to and abide by this Agreement. The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act.. 
2. Medintu reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. 
3. You shall not have more than one active Account on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another party. You further agree and acknowledge that you would
   1. Provide accurate, truthful, current and complete information when creating your account and in all their dealings through the Website; 
   2. Maintain and promptly update your account information; 
   3. Maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; 
   4. Promptly notify Medintu if you discover or otherwise suspect any security breaches relating to the Website; and
   5. take responsibility for all activities that occur under Your account and accept all risk of unauthorized access.  
4. For the purposes of transacting with Sellers through the Website, the Users are required to obtain registration, in accordance with the procedure established by Medintu in this regard. As part of the registration process, Medintu may collect the following personal information from the Users: 

1. Name;
2. User ID;
3. Email address
4. Address (including country and ZIP/ postal code);
5. Gender;
6. Age;
7. Phone number;
8. Password chosen by the User;
9. Valid financial account information; and
10. Other details as the User may volunteer. 

1. User Account, Password, and Security 

1. The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the privacy policy. The privacy policy sets out:

1. the type of information collected from Users, including sensitive personal data or information;
2. The purpose, means and modes of usage of such information; and
3. How and to whom Medintu will disclose such information. 

1. Medintu 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 Medintu or any Seller. The use of this computer resource involves every User’s registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the privacy policy. The other information collected by Medintu from Users as part of the registration process is described in the privacy policy. The consent and revocation procedures in relation to the same are set out in the privacy policy. The User is responsible for maintaining the confidentiality of the User’s account access information and password. The User shall be responsible for all uses of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Medintu of any actual or suspected unauthorized use of the User’s account or password. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Medintu has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Medintu has the right to suspend or terminate such account at its sole discretion. 

1. Services and Use of Website

1. Medintu reiterates that the Website is a platform that facilitates the purchase of pharmaceutical products/medical services for sale by various relevant pharmacies/medical professionals/ sellers.  All items offered for sale on the Website, and the content made available by the Sellers/ manufacturers of drugs and other pharmaceutical products, are third party user generated contents. Medintu has no control over such third party user generated contents and does not – originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. 
2. The Users understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the drugs and other medical/pharmaceutical products or services are offered by and agreed to between Users and Sellers and the contract for purchase of any of the drugs or other medical/ pharmaceutical products, or services, offered for sale on the Website by the Sellers shall strictly be a bipartite contract between the Seller and the User. 
3. The commercial / contractual terms include without limitation – price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to the goods and services offered for sale by the Sellers, and after sales services related to such goods and services. Medintu does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between Users and Sellers.  
4. Medintu does not make any representation or warranty as to legal title of the goods and services offered for sale by the individual Sellers on the Website. At no time shall any right, title, claim or interest in the products sold through or displayed on the Website vest with Medintu nor shall Medintu have any obligations or liabilities in respect of any transactions on the website. The Users agree and acknowledge that the ownership of the inventory of such goods and services shall always vest with the Sellers, who are advertising or offering them for sale on the Website and are the ultimate sellers.  
5. The Users agree and acknowledge that the Seller shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Seller does not have the sole and exclusive legal ownership over the goods and services that have been offered for sale on the Website by such Seller, or did not have the absolute right, title and authority to deal in and offer for sale such goods and services on the Website.  
6. Medintu does not, at any point of time, take possession of, or stock any of the goods or services offered for sale by the Seller on the Website. 
7. The User accepts and acknowledges the following: 

1. Medintu is not responsible for any unsatisfactory, delayed, non- performance or breach of the contract entered into between the User and Seller for purchase and sale of goods or services offered by such Sellers on the Website;
2. Medintu cannot and does not guarantee that the concerned Seller will perform any transaction concluded on the Website;
3. Seller is solely responsible for ensuring that the goods or services offered for sale on the Website are kept in stock for successful fulfilment of orders received. Consequently, Medintu is not responsible if the Seller does not satisfy the contract for sale of goods or services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by the User; 
4. Medintu shall not and is not required to mediate or resolve any dispute or disagreement between Users and Sellers. In particular, Medintu does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website; 
5. Medintu may, at its sole discretion, suspend User’s ability to use or access the Website at any time while Medintu investigates any complaints or alleged violation of the Terms of Use or for any other reason. In the event, Users find any wrong information on the Website in relation to such User, they can correct it themselves or contact Medintu immediately for such corrections. Medintu shall have no liability or responsibility in this regard.  

1. The Users agree and acknowledge that the respective Sellers are exhibiting their catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website. 
2. The contents provided on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Sellers on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind. 
3. The Users acknowledge and agree that such Service Providers/Sellers shall be solely responsible for ensuring that such third party generated information made available regarding the goods offered for sale on the Website, are not misleading and describe the actual condition of the product. In this connection, it is solely the responsibility of the concerned Service Providers / Seller to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such goods or services so as to mislead the Users in any manner. The Users acknowledge and understand that Medintu provides no warranty or representation with respect to the authenticity/ veracity of the information provided in the Website and the Users must run their own independent check. The Users agree and acknowledge that Medintu has not played any role in the ascertainment of the actual impact/ effect of any drug being offered for sale by the Sellers on the Website. The Users agree and acknowledge that it shall not hold Medintu responsible or liable for any damages arising out of such reliance on third party user generated content by the User. 
4. The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. 
5. You must always consult a Registered Medical Practitioner with any questions or concerns you may have regarding the suitability of any drug offered for sale by the Sellers on the Website, in light of your individual needs and medical conditions. Reliance on any information appearing on the Website, whether provided by Medintu, its content providers, visitors to the Website or others, is solely at Your own risk, and Medintu shall not bear any liability for any loss/ injury that may arise due to Your reliance on any information published on the Website. You further acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by You on any information published on the Website, the manufacturers/ Sellers from whom said content is obtained and made available on the Website shall be solely responsible for any claim/ damage/ liability arising as a result of any reliance being placed by the User on said content, and Medintu shall have no liability in relation to the same. 
6. Users must never avoid or cause any delay in obtaining medical advice from a Registered Medical Practitioner or disregard any such medical advice duly obtained, because of any information provided on the Website. If you have or suspect that you have a medical problem or condition, please contact a Registered Medical Practitioner immediately.  
7. The Website is a platform that can be used by the Users to purchase various drugs and pharmaceutical products [including drugs which cannot be sold without a valid prescription duly issued by a Registered Medical Practitioner (“Prescription Drugs”)], offered for sale on the Website by Sellers. In order to purchase Prescription Drugs from Sellers through the Website, the Users are required to upload a scanned copy of the prescription on the Website or email the same to Medintu. The order would not be internally processed and forwarded to the concerned Sellers by Medintu until it receives a copy of a valid prescription. The Users are also required to make the prescription available at the time of receipt of delivery of Prescription Drugs.  
8. Medintu shall maintain a record of all the prescriptions uploaded by the User which can be accessed by such User at any time in his account section and, subject to applicable laws, may also be used to re-order the prescribed medicines. 
9. The Users acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the Registered Medical Practitioner has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the prescribed drug or if the prescription solely lists the salt names instead of a specific brand name.
10. The User further acknowledges and accepts that, in the absence of the above, the concerned pharmacist would only dispense a substitute drug in place of the prescribed drugs after obtaining suitable permission from the prescribing Registered Medical Practitioner.
11. Notwithstanding anything else contained in any other part of Terms of Use, the listing of drugs and other pharmaceutical products on the Website by the Sellers is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by User shall constitute an offer by such User to enter into an agreement with the Seller (“Offer”). Post the Offer, Medintu shall send an email to the User with the information on the Offer along with the details of the concerned Seller(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the pharmacist after the validation/ verification of the prescription by such pharmacist (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant pharmacy (in the case of Prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to the User.
12. For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/ offered for sale by the Seller’, as appearing in the Terms of Use, shall be construed solely as an ‘invitation to offer for sale’ by any such Seller.  
13. Upon acceptance of the Offer by the concerned Seller (being the pharmacist), the drugs/ pharmaceutical products or services would be dispensed at the pharmacy, in accordance with the terms of the order placed by the User. Such dispensation shall also take place under the direct/ personal supervision of the Pharmacist, wherever required under the applicable law.
14. The User acknowledges and agrees that the property in the drugs/ pharmaceutical products or services ordered by the User shall stand immediately transferred to the User upon the dispensation of drugs  and the raising of the invoice at the concerned pharmacy. Accordingly, the sale of drugs/ pharmaceutical products is concluded at the concerned pharmacy itself. 
15. The invoice in relation to the drugs/ pharmaceutical products, and services that are required to be delivered to the User shall be issued by the concerned Seller (being the pharmacy) who is to process and satisfy the order for such drugs/ pharmaceutical products, and services.
16. The goods shall be delivered by the Seller or independent contractors. The User accepts and acknowledges that the Seller or such other transporter/ courier/ delivery personnel, engaged by the Seller or Medintu, shall be independent contractors in-charge of the delivery the goods from the concerned pharmacy to the address notified by the User, with no control over the goods and no additional obligation apart from standard delivery obligations and duty of care.
17. The User further accepts and acknowledges that Medintu does not engage in the distribution of the concerned drugs or other pharmaceutical products, and may provide the services of a third party transporter/ courier delivery personnel for the purposes of delivery of drugs or pharmaceutical products from the concerned pharmacy to the address notified by the User.
18. While communicating/ transacting with Sellers through the Website, the Users shall at all times ensure full compliance with the applicable provisions of the Drugs Act read with the Drugs Rules, as well as all other laws for the time being in force, and ensure due payment of applicable taxes. They must specifically ensure that they are in no way purchasing drugs or pharmaceutical products or services or Prescription Drugs without a valid prescription, which are prohibited under the Drugs Act (read with the Drugs Rules) as well as the other applicable laws for the time being in force. 
19. The Users must also ensure that the prescription uploaded on the Website or emailed to Medintu for processing the order for Prescription Drugs is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Sellers or to Medintu, as a result of any dispensation of Prescription Drugs by the Seller owing to the non-compliance by the User in this regard.

1. Pricing Information  

1. Medintu strives to provide you with the best prices possible on products and services you buy or avail of from the Website. You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Medintu expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card. 
2. Medintu shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Medintu with our acquiring bank from time to time.   

1. User Obligations  

1. If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
   • Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
   • Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
   • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
   • Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
   • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
   • Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
   • Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Medintu’s computer system/ server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
   • Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
   • You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Medintu, including any Medintu Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
   • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
   • Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
   • Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
   • Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Medintu or other third parties;
   • Conduct or forward surveys, contests, pyramid schemes or chain letters;
   • Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
   • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
   • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
   • Violate any applicable laws or regulations for the time being in force within or outside India;
   • Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
   • Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
   • Carry out acts and deed as prohibited under applicable law for the time being in force including but not limited to Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860 as amended from time to time and rules made there under 
2. Medintu, 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 in F(1) above, shall be entitled to disable such information that is in contravention of F(1) above. Medintu shall be entitled to preserve such information and associated records for at least 120 days for production to governmental authorities for investigation purposes. 
3. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the privacy policy) by a User, Medintu has the right to immediately terminate the access or usage rights of the User to the Services and to remove noncompliant information. 
4. Medintu may disclose or transfer User Information (as defined in the privacy policy) to its affiliates in other countries, and you hereby consent to such transfer. The SPI Rules only permit Medintu 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 Medintu as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Medintu or any person on its behalf and the user or where the User has consented to data transfer. 

1. Intellectual Property Rights 

1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Website is owned and controlled by Medintu and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. 
2. The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Medintu or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Medintu, the vendor or the third party that may own the Marks. 
3. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Medintu Health Solutions Private Limited owns all intellectual property rights to and into the trademark ” Medintu “, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. 
4. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Medintu or thirty party owner of such Content. 
5. The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources (“Third Party Content”). Similar Third Party Content would also be available to You on the email received by You from Medintu. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Medintu does not provide any guarantee with respect to any the Third Party Content and Medintu shall not be held liable for any loss suffered by You based on Your reliance on or use of such data. 

1. Disclaimer of Warranties & Liability 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: 

1. THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY MEDINTU ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MEDINTU MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE, SERVICES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDINTU OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. 
2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDINTU WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. MEDINTU ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT. 
3. MEDINTU WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. MEDINTU HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT MEDINTU NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. MEDINTU SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, MEDINTU SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND MEDINTU ‘S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. MEDINTU IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. MEDINTU ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES. 
4. MEDINTU SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.  

1. Indemnification and Limitation of Liability 

1. You agree to indemnify, defend and hold harmless Medintu including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Medintu that arise out of, result from, or may be payable by virtue of, any breach or non- performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold Medintu harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights. 
2. Notwithstanding anything to contrary, Medintu ‘s entire liability to You under this Terms of Use or otherwise shall be the refund of the money charged from You for any specific product or service, under which the unlikely liability arises.  
3. In no event shall Medintu, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Medintu has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials. 
4. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.  

1. Termination 

1. The Terms of Use will continue to apply until terminated by either You or Medintu as set forth below. If You want to terminate Your agreement with Medintu, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the Services that You use, where Medintu has made this option available to You.  
2. Medintu may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:
   • You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
   • Medintu is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);
   • The provision of the Services to You by Medintu is, in Medintu ‘s opinion, no longer commercially viable;
   • Medintu has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or 
3. Medintu may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services. 
4. You agree that all terminations shall be made in Medintu ‘s sole discretion and that Medintu shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services. 
5. Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until Medintu chooses to terminate them. 
6. If You or Medintu terminates Your use of the Website, Medintu may delete any content or other materials relating to Your use of the Website and Medintu will have no liability to You or any third party for doing so. 

1. Governing Law 

1. These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Medintu shall be governed in accordance with the laws of India without reference to conflict of laws principles. 
2. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and Medintu shall be subject to the exclusive jurisdiction of the courts at Hyderabad, India and You hereby accede to and accept the jurisdiction of such courts.  

1. Survival 

Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination. 

• Patients understand that Medintu is a Digital Health company.
• Patients have signed up with Medintu to receive B2C Telehealth services, including Telemedicine consultations with a Doctor, on-demand as required.
• Corporates may sign up with Medintu to provide Telehealth services to their employees, including Telemedicine consultations with a Doctor on-demand as required.
• Patients understand that payments made for consultations completed will not be refunded.
• Patients acknowledge that Medintu’s services are meant for urgent, non-emergency services, and are not suitable for any emergencies that are best handled by a visit to a Hospital; please decide what’s best for your situation.
• Patients understand that our Doctors are not employees of Medintu. They are independent medical service providers contracted by Medintu to provide Telemedicine services to Patients.
• Patients understand that our Partners (Pharmacies, Diagnostic) are independent medical service providers contracted by Medintu to provide expanded services to Patients.   

1. Contact Information  

If any User has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at  9100907036,9100907622.and email address:-info@medintu.in