Terms of Service

Welcome to KIDNEY MITRA (“the Service”) owned and developed by Ramamed Healthcare Solutions Private Limited. These Terms of Service (“Terms”) govern your access to and use of our website and mobile application (collectively, “the Platform”) hosted at www.kidneymitra.com. Our Platform enables users to book dialysis and doctor appointments, purchase medical products related to nephrology, manage dialysis centres, and facilitate connections between users, healthcare providers, and dialysis centres. By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

Acceptance of Terms

By using the Service, you affirm that you are at least 18 years old, or that you are using the Service with the consent of a parent or guardian. You represent and warrant that you will comply with these Terms and any applicable laws or regulations.

Services Offered

The Platform provides various services, including but not limited to:

1. Appointment Booking: Users can schedule dialysis and doctor appointments through the Platform.
2. Medical Product Sales: Users can purchase nephrology-related medical products.
3. Dialysis Centre Management: Dialysis canters can manage operations and patient information via the Platform.
4. Healthcare Connectivity: The Platform facilitates communication between users, doctors, and dialysis canters.
5. Data Management: Users’ medical data is securely stored and managed in compliance with applicable laws and regulations.

Use of Service

1. Account Creation

To use certain features of the Service, you may need to create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security of your password and account.
• Notify us immediately of any unauthorized use of your account or any other breach of security.

2. User Responsibilities

You are responsible for all activities that occur under your account. You agree to:

• Use the Service only for lawful purposes.
• Not impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Not use the Service to interfere with or disrupt the security, integrity, or performance of the Service.

Also, you agree not to host, display, upload, modify, publish, transmit, update or share any information that:

• Belongs to another person and to which you do not have any right to.
• Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
• Harm minors in any way.
• Infringes any patent, trademark, copyright or other proprietary rights.
• Violates any law for the time being in force.
• Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
• Impersonates another person.
• Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
• Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

You are solely responsible for all information you transmit or share using the Communication Tools and we are not obliged to monitor the same. However, we reserve the right to review any information or materials you share using the Communication Tools and to remove (without notice to you) any information or materials that we find, in our sole discretion, violates any applicable law or these Terms. To this extent, you hereby waive doctor-patient confidentiality and expressly authorise us to review all information you transmit or share using the Communication Tools. In the event of non-compliance with the Terms, we may (without notice to you), immediately terminate your registration with us and/or prevent your access or use of the Service.

Medical Disclaimer

The Platform provides access to healthcare providers and medical information but we do not practice medicine and do not provide medical consultation. We merely provide a technology platform and infrastructure that enables you to connect with participating medical practitioners listed on the Service and to use the messaging or communication facilities of the Service that are designed to enable you to communicate with others (‘Communication Tools”) to consult with a medical practitioner recommended to you. You should not disregard or delay seeking medical advice from your healthcare provider based on information you obtain through the Platform. Always consult a qualified healthcare professional regarding medical questions or concerns.

The use of the Service does not create a doctor/patient relationship between you and us. All medical consultation shall be provided to you by the concerned medical practitioner directly and as such, the medical practitioner you consult with shall be solely responsible for compliance with all requirements applicable to his or her professional services provided to you and liable to you for all medical consultation, medical advice, diagnosis or treatment recommended or provided to you. We shall not be responsible or liable for any defect or deficiency in the medical consultation, diagnosis or treatment recommended to you by any medical practitioner.

The Service we provide is not for use for medical emergencies, for life threatening conditions or for when you need acute care. You should not disregard or delay to seek medical advice from your physician based on anything that appears or is provided to you by or through the Service.

Any diet plans or advice or information that may be provided on or through the Service is for information only, does not constitute a medical opinion or advice or a diagnosis or treatment and is not a substitute for professional medical advice, diagnosis or treatment.

The Mobile app and Website shall not undertake warranty for any loss/damage/injury caused to the User or to any other person for whom such services were availed, in the course of care and treatment provided by the Healthcare Professional.

The Mobile app/Website shall not be liable for any acts or omissions of the HCP which amount to medical negligence/ professional misconduct/ deficiency in service/ violation of any law in force.

Payment Terms

1. Payment Processing

All payments made through the Platform are processed through a third-party payment processor. By using the Service, you agree to the terms and conditions of that payment processor. We are not responsible for any issues that arise in connection with payment processing.

2. Fees and Charges

You agree to pay all fees associated with your use of the Service. We reserve the right to modify our fees at any time, provided we notify you in advance.

Privacy Policy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, describes how we collect, use, and protect your personal information. By using the Service, you consent to the data practices outlined in our Privacy Policy.

Intellectual Property

This Mobile app and Website also offer information and marketing materials along with information, both directly and through indirect links to third-party websites. Kidney Mitra does not always create the information offered on this Mobile app and Website. Instead, the information is often gathered from other sources.

1. Ownership

All content, trademarks, and other intellectual property on the Platform, including but not limited to text, graphics, logos, and software, are the property of Kidney Mitra or its licensors. Unauthorized use of the material may violate copyright, trademark, and/or other laws.

2. Restrictions

You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content on the Platform without our express written consent.

Third-Party Services

The Platform may include links to third-party websites or services that are not owned or controlled by Kidney Mitra. We do not endorse or assume any responsibility for any third-party sites or services. You acknowledge and agree that Kidney Mitra shall not be liable for any damage or loss caused by or in connection with the use of any such content, goods, or services available on or through any third-party sites.

When you click on any of these third-party links, you are leaving the Service and will be subject to the terms of use and privacy and security policies of the third-party site. You link to any such third-party website /applications entirely at your own risk.

Limitation of Liability

To the maximum extent permitted by law, Kidney Mitra shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify and hold harmless Kidney Mitra, its affiliates, and their respective officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Platform, your violation of these Terms, or your violation of any rights of another party.

Confidentiality

The Parties acknowledge and agree that any information provided in relation to the User’s sensitive personal information or personally identifiable information shall be confidential. Such confidential information shall not be communicated to a Third Party without the consent of the User unless

• Such information is already accessible in the public domain.
• Such information is mandated to be disclosed by any relevant laws, government mandates or Court orders.
• Such information is required to be disclosed by the Mobile app and Website to its legal counsel who shall, in turn, be bound by the confidentiality clause as envisaged in this agreement.

Termination

We reserve the right to suspend or terminate your access to the Platform at any time, without prior notice, for conduct that we believe violates these Terms or is harmful to other users or the Platform.

The Mobile app and Website further reserve the right to terminate the contract with the User without any further liability for whatsoever reason stated under the Terms of Use and hereunder including but not limited to:

• Violation of the laws in force.
• Complaints of indecent behaviour.
• Providing fraudulent and/or misrepresented information/details.
• Suspicion of any illegal activity being conducted.
• Any other activity which is punishable by law.
• Alleged misconduct or harassment.

The App shall retain the right to terminate this agreement for convenience, with or without giving notice to the User. Upon termination, your right to use the Service will cease immediately.

Force Majeure

The App shall not be liable for any delay caused in performance or non-performance of any part of the Terms of Use arising out of circumstances beyond the control of the Mobile app and Website not due to wilful misconduct, fraud, misrepresentation or negligence of the Mobile app and Website.

The circumstances beyond the control of the Mobile app and Website shall deem to include, but is not limited to, interruptions, difficulties, loss or malfunction of utilities, software or hardware, Acts of God, Civil Unrest, War, etc.

Governing Law

The disputes arising in relation to the subject matter of the Terms of Use shall be first submitted to Mediation in Meerut. If the dispute remains unresolved, it shall be submitted to Arbitration in Meerut to be adjudicated by sole Arbitrator appointed by us. The award by the said Arbitrator shall be final and binding to all the parties herein.

The adjudicating authorities of Meerut shall have exclusive jurisdiction over all disputes arising out of the Terms of Use.

Changes to Terms

We may modify these Terms from time to time. We will notify you of any changes by posting the updated Terms on the Platform. Your continued use of the Service after the changes constitutes your acceptance of the new Terms.

Severability

If any provision of these Terms is held to be invalid or unenforceable due to the law in force or by a decision of any competent Court of law, shall be deemed ineffective and the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Platform, constitute the entire agreement between you and Kidney Mitra regarding your use of the Service.

Contact Us

If you have any questions or concerns about these Terms, please contact us at: 

+919876543210

Mail us at Help.kidneymitra@gmail.com

www.Kidneymitra.com

By using the Platform, you acknowledge that you have read, understood, and agree to these Terms of Service. Thank you for choosing Kidney Mitra.