Terms and conditions of medifixit
 

 

TERMS OF USE

A.               GENERAL

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE WEBSITE

1. The domain www.Medifixit.com, which is an internet based portal, and Medifixit, a mobile application, are owned and operated by Healthcare Multimedia Infomatics Private Ltd, a duly incorporated company under the provisions of the Companies Act, 1956 (India), ), having CIN - U74140HR2015PTC056343, hereinafter referred to as “Medifixit” or “We” or “Us” or “Company”, any of the terms being used interchangeably for the purpose of the terms of use,  and which are also collectively referred to as “Website” for the purpose of these terms and conditions

2. Your access or use of the Website, transaction on the Website and use of Services hosted or managed remotely through the Website, are governed by the following terms and conditions (“Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitute a legal and binding contract between You - the User on one part and Medifixit on the other Part

3. The Agreement applies to you if you are a user of the website or mobile application, whether you are a health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including but not limited to designated, authorised associates of such healthcare service providers or institutions, or a patient, his/her representatives or affiliates, searching for healthcare services

4. By accessing, browsing or in any way transacting on the Website, or availing any Services, You irrevocably accept all the conditions stipulated in this Agreement and agree to abide by them. Further, by impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Medifixit’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.

5. 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

6. The Website is a platform that facilitates providing of healthcare related services, including but not limited to consultations, diagnostics, pharmaceutical products offered  by various healthcare service providers, such as Physicians, Hospitals, Diagnostic Centres, Pharmacies (hereinafter referred to as “ Services”, with the relevant service providers  referred to as “Sellers”). The arrangement between the Sellers and Medifixit shall also be governed in accordance with this Terms of Use. The Services would be made available to such natural persons who have agreed to become  users on the Website after registration, in line with the procedure as determined by Medifixit, from time to time (referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include natural persons who are accessing the Website merely as visitors).

7. You agree and acknowledge that the Website is a platform that Users and Sellers utilize to meet and interact with another for their transactions. Medifixit is not and cannot be a party to or save as except as may be provided in this document control in any manner, any transaction between the Users and Sellers

8. The Company reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website, and you waive any right you may have to receive specific notice of such changes or modifications. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as part of the Agreement. Your continued use of the Website will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of the Website.

9. This Terms of Use is published in compliance of, and is governed by the provisions of Indian law, including but limited to:

a.                the Indian Contract Act, 1872 (“Contract Act”);

b.                the (Indian) Information Technology Act, 2000 and 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");

c.                 The Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);

d.                The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954; and Consumer Protection Act, 1986.

10. Medifixit 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, “Medifixit Content”), are the property of Medifixit and are protected under copyright, trademark and other laws. User shall not modify the Medifixit Content or reproduce, display, publicly perform, distribute, or otherwise use the Medifixit Content in any way for any public or commercial purpose or for personal gain

11. Compliance with the Terms of Use would entitle the User to a personal, non-exclusive, non-transferable, limited privilege to access, search and transact on the Website

12. 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

13. For the purposes of transacting with Sellers through the Website, the Users are required to obtain registration, in accordance with the procedure established by Medifixit in this regard. As part of the registration process, Medifixit may collect the following personal information from the Users:

a.                Name;

b.                User ID;

c.                 Address (including country and ZIP/ postal code);

d.                Gender;

e.                 Date of Birth;

f.                  Email address

g.                Phone number;

h.                Password chosen by the User;

i.                   Valid financial account information; and

j.                   Other details as the User may volunteer.

 

14. 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. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner.

15. By registering, accessing or using the Website, you accept the terms of this Terms of Use and represent and warrant to Medifixit that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by its Terms of Use

16. A registered id can only be utilized by the person whose details have been provided and Medifixit does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of purchasing drugs or other pharmaceutical products or services, on behalf of such persons

17. You agree and acknowledge that You would

a.                create only one account;

b.                provide accurate, truthful, current and complete information when creating Your account and in all their dealings through the Website;

c.                 maintain and promptly update Your account information;

d.                maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer;

e.                 promptly notify Medifixit if You discover or otherwise suspect any security breaches relating to the Website; and

f.                  take responsibility for all activities that occur under Your account and accept all risk of unauthorized access.

 


B.               APPOINTMENT BOOKING AND INTERACTION WITH HEALTHCARE SERVICE PROVIDERS

1. The booking system is automated using the Website, and is confirmed by the software immediately or confirmed by the healthcare service provider later, depending on the payment option chosen by the user. While Medifixit will try to ensure a confirmed appointment for User who requested an appointment on Website, Medifixit does not guarantee that a patient will get a confirmed appointment, as that will depend on honouring of the appointment by the listed Healthcare Service Provider. Further, Medifixit has no liability if such appointment is confirmed but later cancelled by the Healthcare Service Providers, or the Healthcare Service Providers are not available as per the given appointment time

2. Medifixit is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Healthcare Service Provider you interact with, pursuant to any interactions on the Website. If you decide to engage with a Healthcare Service Provider to provide any form of healthcare services to you, you do so at your own risk. The results of any search you perform on the Website for Healthcare Service Providers should not be construed as an endorsement by Medifixit of any such particular Healthcare Service Provider. Medifixit shall not be responsible for any breach of service or service deficiency by any Healthcare Service Provider. We cannot assure nor guarantee the ability or intent of the Healthcare Service Provider(s) to fulfil their obligations towards you. We advise you to perform your own investigation prior to selecting a Healthcare Service Provider.

3. Without prejudice to the generality of the above, Medifixit will not be liable for:

a.                any wrong medication or treatment quality being given by the Healthcare Service Provider(s), or any medical negligence on part of the Healthcare Service Provider(s);

b.                any type of inconvenience suffered by the User due to a failure on the part of the Healthcare Service Provider to provide agreed services or to make himself/herself available at the appointed time, no show by the Healthcare Service Provider, inappropriate treatment, or similar difficulties;

c.                 any misconduct or inappropriate behavior by the Healthcare Service Provider or the Healthcare Service Provider’s staff;

d.                cancellation or rescheduling of booked appointment or any variance in the fees charged;

e.                 any medical eventualities that might occur subsequent to using the services of a Healthcare Service Provider, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.

4. Further, Medifixit shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided using the Website. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Medifixit’s sole discretion and may be modified or withdrawn at its sole discretion. Medifixit may moderate such feedback at any time. Medifixit shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Healthcare Service Provider from the Website.

5. Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Medifixit and You and at no point can it be construed to constitute an opinion, medical advice, or diagnosis or treatment of any particular condition.

6. It is hereby stated that, the Information that you obtain or receive from Medifixit, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. We shall not be liable to You or anyone else for any decision made or action taken by You in reliance on such information.

7. If you are a User facing a medical emergency (either on your or a another person’s behalf), please contact a Healthcare Service Provider directly, as Services provided on the Website are not intended to be a substitute for getting in touch with emergency healthcare.

8. Medifixit also enables Users to post health related queries to Healthcare Service Providers.

9. The User hereby grants consent to Medifixit to transfer the health related queries posted by the User to Healthcare Service Providers and agrees that any such information provided by the User will be subject to our Privacy Policy.

10. In the event the User has posted a specific query, the Healthcare Service Provider may indicate the pre-consultation fee payable for the advice solicited and in such case Medifixit shall provide the User an option to directly remit the amount to the Healthcare Service Provider. Upon receipt of the payment, the Healthcare Service Provider shall provide his response to the query. The amount paid to the Healthcare Service Provider is non-refundable and Medifixit is not responsible for the nature of advice provided by the Healthcare Service Provider. However, in the event, the User does not receive advice from the Healthcare Service Provider, the same may be communicated to Medifixit and Medifixit shall make efforts to resolve the matter and refund of the fees in this specific case from the Healthcare Service Provider

11. The User understands and agrees that any interactions and associated issues with the Healthcare Service Provider on Medifixit including but not limited to the User’s health issues and the User’s experiences is strictly between the User and the Healthcare Service Provider. The User shall not hold Medifixit responsible for any such interactions and associated issues. Medifixit is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between the User and the Healthcare Service Provider, the User interacts with. If you decide to engage with a Healthcare Service Provider to provide medical services to you, you do so at your own risk. Medifixit shall not be responsible for any breach of service or service deficiency by any healthcare service provider

12. The drug information provided in the Medifixit website is for informative purposes only and this Website is not intended to provide diagnosis, treatment or medical advice. We are not liable for any adverse effects or harm to you as a result of your reliance on the information in the Website. 

13. By using Medifixit website for ordering medicines,  the User confirms he/she is completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines he/she is ordering using the Medifixit website.

14. Refunds for medicines ordered from the pharmacies listed on Medifixit will be done by the pharmacies, facilitated by Medifixit, and are only Possible If the Item(s) You Received:

a.                is different from the ones you ordered;

b.                are lost or damaged during transit;

c.                 is past its expiry date;

d.                is a defective item.

15. Returns NOT Eligible If the Item(s) You Ordered:

a.                is without original packing/accessories.

b.                falls under the following product categories: Oral care (toothbrushes, toothpastes), Women care (sanitary napkins, breast relievers) and other Personal hygiene products;

c.                 is used or tampered with.

 
 

C.                ADDITIONAL TERMS OF USE FOR HEALTHCARE SERVICE PROVIDERS

1. You as a Healthcare Service Provider hereby represent and warrant that You will use the Services in accordance with applicable law. Any contravention of applicable law as a result of Your use of these Services is Your sole responsibility, and Medifixit accepts no liability for the same

2. Medifixit shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Healthcare Service Providers are added to the Website.

3. Medifixit, directly and indirectly, collects information regarding the Healthcare Service Providers’ profiles, contact details, and other publically available information, and publishes these details on the Website. On a Healthcare Service Provider’s request, Medifixit may take down any part of such Healthcare Service Provider’s profile on the Website, provided, however, that Medifixit shall at no time be under any obligation to take down publicly available information about a Healthcare Service Provider, his/her profile, contact details and/or practice.

4. All information regarding the Healthcare Service Providers’ profiles, contact details, and practice is collected for the purpose of facilitation of search of the services by the Users. If any information displayed on the Website in connection with You is found to be incorrect, you are required to inform Medifixit to enable Us to make the necessary amendments immediately.

5. Medifixit allows the Healthcare Service Providers updating profile information by providing direct access to update it through direct authorised login. Medifixit reserves the right of ownership of all the Healthcare Service Provider’s profile and photographs and to moderate the changes or updates requested by Healthcare Service Providers. However, Medifixit takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that You are fully entitled under law to upload all content uploaded by You as part of Your profile or otherwise while using Medifixit’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Medifixit may modify or delete parts of Your profile information at its sole discretion with or without notice to You

6. Medifixit shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Medifixit, where the User has expressly or implicitly consented to the making of disclosures or publications by Medifixit. If the User had revoked such consent under the terms of the Privacy Policy, then Medifixit shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Medifixit prior to its actual acknowledgement of receipt of such revocation.

7. Medifixit reserves the right to publish the User information to a third party, subject to prior explicit informed consent from the User.

8. All Critical Content is content created by the Users of www.Medifixit.com  (“Website”) and the Healthcare Service Providers, and Medifixit being a platform, does not take responsibility for or be liable for Critical Content. Medifixit’s role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000.

9. Medifixit reserves the right to collect feedback and Critical Content for all the Healthcare Service Providers listed on the Website, and has no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law. Medifixit shall not be liable for any effect on Healthcare Service Provider’s business due to Critical Content of a negative nature.

10. You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable.  In these respects, you may use the Service at your own risk. Medifixit, as an ‘intermediary, shall take steps as required to comply with applicable law as regards to the publication of Critical Content, as and when it is informed about the same.

11. For any third party content, the applicable principles will remain the same in relation to the Critical Content posted on the Website, despite changes made to the details in the Critical Content or other data posted on the Website.

12. Medifixit reserves the right to moderate the suggestions made by the Healthcare Service Providers through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website.

13. If Medifixit determines that You have provided inaccurate information or enabled fraudulent feedback, Medifixit reserves the right to immediately suspend any of Your accounts with Medifixit and makes such declaration on the website alongside Your name/Your clinics name as determined by Medifixit for the protection of its business and in the interests of Users. You shall be liable to indemnify Medifixit for any losses incurred as a result of Your misrepresentations or fraudulent feedback that has adversely affected Medifixit or its Users

14. Medifixit shall not be liable and responsible for the ranking of the Healthcare Service Providers on external websites and search engines

15. Medifixit has an agreement with Online Payment Gateway Provider to allow payments to be made by the Users for the services provided by the Healthcare Service Providers, besides having payment on consultation facilities wherein the user can directly pay the required fee to the Healthcare Service Provider. The terms and conditions of use and policies of the Payment Gateway Providers will be applicable to those utilising the facility provided.

16. Whilst the Online Payment Gateway Provider will charge a discounted pre-negotiated fee in terms of percentage of the transaction value for utilising its facilities of accepting an online payment, Medifixit will charge a handling fee per transaction, not exceeding Rs 5/- by rounding up the deducted amount to the nearest 5, for handling and forwarding the payment received to the Healthcare Service Provider for whose services the payment has been made by the user, aggregated on a monthly basis, by the 10th of the following calendar month.

17. The Pharmacies using Medifixit software will not dispense any prescription medication without a valid prescription from a licensed physician. This prescription will be subject to scrutiny and approval by the pharmacist affiliated to the dispensing pharmacy, who is licensed to do so in the territory of sale, in compliance with the law of the land.

18. Medifixit is merely a platform connecting the users to the healthcare service providers, and as such all medicines are directly supplied by the pharmacies using Medifixit software.

19. All liabilities related to the sale and supply of medicines lies with the pharmacies

 


D.               USAGE OF VARIOUS NON-SUBSCRIPTION SERVICES

1. Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Medifixit.

2. Medifixit reserves the rights to display sponsored ads on the Website and/or App. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, Medifixit will not be liable for the accuracy of information or the claims made in the Sponsored Listings. Medifixit does not encourage the Users to specifically visit the Sponsored Listings page or to avail any services from them. Medifixit will not be liable for the services of the providers of the Sponsored Listings.

3. You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Medifixit accepts no liability for the same

4. Healthcare Service Provider agrees that, when providing any written response to a User’s query that constitutes a performance of his/her services, the Healthcare Service Provider shall not post language that may be considered abusive, objectionable or demeaning to the User or in general.

5. In the event, the Healthcare Service Provider indicates as part of his response the pre-consultation fee payable for the advice solicited through the private query, Medifixit shall provide the User an option to pay the amount to the Healthcare Service Provider.

6. Medifixit shall remit the fees to the Healthcare Service Provider in accordance with these terms and conditions as agreed between the Healthcare Service Providers and Medifixit, on a monthly basis.

7. Medifixit reserves the right to revise the fee terms at any time at their discretion. The Healthcare Service Provider’s continued use of the services and software provided by Medifixit shall constitute his/her consent to such revision.

8. Healthcare Service Provider hereby agrees that it shall use the software provided for the purpose specified in these Terms of Use and shall not use the software for any unauthorized and unlawful purpose, including impersonating another person.

9. Healthcare Service Provider hereby represents and warrants that he/she/they

a.                are qualified to provide the healthcare services within the territory of where they are registered;

b.                 has obtained all licenses as required by law to provide healthcare services and has not committed any act or omission that might prejudice its continuance or renewal; and

c.                  has provided Medifixit true, accurate, complete and up to date details about their qualification and credentials.

10. Healthcare Service Provider agrees that he/she shall at all times abide by the applicable medical regulations including the code of professional ethics as prescribed under applicable laws.

11. Healthcare Service Providers shall promptly renew their licenses required to provide medical services and notify Medifixit about the same.

12. Medifixit reserves the right to terminate any account of the Healthcare Service Provider in case:

a.                 the Healthcare Service Provider breaches any terms and conditions of this terms of use or privacy policy or applicable laws;

b.                Medifixit is unable to verify or authenticate any information provided to it by a Healthcare Service Provider; or

c.                 Medifixit in its sole and absolute discretion believes that actions of the Healthcare Service Provider may cause legal liability for Medifixit or other Users and / or may adversely affect the services rendered by Medifixit.

13. Healthcare Service Provider hereby agrees that, for any User that contacts the Healthcare Service Provider using Medifixit, only he/she shall be allowed to perform the services for the User and that the Healthcare Service Provider may under no circumstances be permitted to transfer the performance of Your Services to any other person, unless the Healthcare Service Provider is registered on Medifixit as an organisation/compnay wherein the services are provided by the employees of the service provider, and all the terms and conditions are subsequently equally applicable on those employees without an liability to Medifixit. The Healthcare Service Provider accepts all responsibility and liability for the use of Medifixit, including the performance of its services, by any other party claiming to be the Healthcare Service Provider and hereby agrees to indemnify Medifixit against any claim or loss that may be faced by Medifixit consequent to such use.

14. Healthcare Service Provider hereby agrees to hold in strictest confidence all information provided by a User to him/her under all circumstances. Healthcare Service Provider agrees that he/she shall not disclose any information or documentation provided by a User to any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person.

15. Healthcare Service Provider agrees to render his/her services and fulfill their obligations towards their patients using their best efforts, skill and ability.

16. Healthcare Service Provider agrees and understands that some or all his/her services and qualifications may be made available to the general public through the software or otherwise by the Company and that he/she has no objection to the same.

17. Healthcare Service Provider hereby agrees to assign to Medifixit in perpetuity all intellectual property rights residing in the responses provided by him/her for use by Medifixit worldwide.

18. Healthcare Service Provider hereby agrees not to seek the contact details of any User or to contact any User directly except through Medifixit.

19. Any communication sent by or through Medifixit to the Healthcare Service Provider is based solely on information uploaded by the Users. Medifixit shall not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.

20. Healthcare Service Provider shall be liable to indemnify and hold Medifixit harmless from and against all actions, claims, damages, losses and expenses, including court costs and reasonable attorneys’ fees, arising out of or resulting from any breach, default, contravention, non-observance, non-performance, improper performance of any of its obligations or the terms, conditions, covenants and provisions contained in this Terms of Use


 

E.                TERMS OF USE FOR HEALTHCARE SERVICE PROVIDERS FOR THE USE OF SERVICES PROVIDED BY MEDIFIXIT

1. Medifixit  (“​Medifixit​” or “​Us​” or “​We​” or “​Company​”, which also includes its affiliates) is the owner of the website www.Medifixit.com  (the “​Website​”) and the mobile application ‘Medifixit’ (the “​App​”). Medifixit owns and operates the services provided through the Website as well as the software and applications including but not limited to those of the brand names “Medifixit”.

2. These Terms of Use constitute the agreement (the “​Agreement​” or “​Terms of Use​”) between Medifixit and the User of Medifixit’s Services. Your use of Medifixit’s Subscription Services, accessible at www.Medifixit.com  ​for which a subscription amount is payable for usage ​(hereinafter individually referred to as the “​Subscription ​Service​” and collectively referred to as the “​Subscription ​Services​”) is subject additionally to the terms and conditions of this section.

3. This Agreement, among other things, provides the terms and conditions for use of Subscription Services, hosted and managed remotely through the Website and the App as described in this Agreement.

4. This Agreement 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 Agreement 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 Subscription Services.

 

Your Agreement with Medifixit

5. You acknowledge that you will be bound by this Agreement for availing any of the Subscription Services offered by Us, which will be solely at the discretion of Medifixit.

6. We reserve the right to modify the Terms of Use at any time without giving you any prior notice. Your use of the Subscription Services following any such modification constitutes Your agreement to follow and be bound by the Terms of Use as modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and/or specific areas of any or all of these Subscription Services are also considered as Terms of Use. By agreeing to these terms, you also agree to the Terms of Use of the Service

Terms of Use for Subscription Services

7. By using the Subscription Services, you agree that you have read and understood these Terms of Use and you agree to be bound by these Terms of Use and use these Subscription Services in compliance with these Terms of Use. If you do not agree to be bound by (or cannot comply with) any of the terms below, do not click the "I Agree" box, do not complete the registration process, and do not attempt to use the service. You expressly represent and warrant that you will not use these Subscription Services if you do not understand, agree to become a party to, and abide by all of the terms and conditions specified below. Any violation of these Terms of Use may result in legal liability upon you. Nothing in these Terms of Use should be construed to confer any rights to any third party or any other person. Your use of Subscription Services provided by Medifixit means you are consenting to this agreement.

8. You must be 18 years of age or older to register and use these Subscription Services in any manner. By registering, or accepting this Agreement, you represent and warrant to Medifixit that you are 18 years of age or older, and that you have the right, authority and capacity to use the Subscription Services available through the Medifixit and agree to and abide by this Agreement. You also represent and warrant that you are not a person barred from receiving the Subscription Services under the laws of India or other countries including the country in which you are resident or from which you use the Subscription Services.

9. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:

a.                The Indian Contract Act, 1872,

b.                 The (Indian) Information Technology Act, 2000, and

c.                 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​”).

10. A condition of the User’s use of and access to the Subscription Services available provided by Medifixit to Users is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this computer resource/the Subscription Services immediately and immediately discontinue use of all Subscription Services available at the Medifixit.

11. Medifixit authorizes the User to view and access the content available on the Subscription Services solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Subscription Services, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Subscription Services (collectively, "​Medifixit Content​"), are the property of Medifixit and are protected under copyright, trademark and other laws. User shall not modify the Medifixit Content or reproduce, display, publicly perform, distribute, or otherwise use the Medifixit Content in any way for any public or commercial purpose or for personal gain.

12. Multiple Users are not permitted to share the same/single log­in for using the Subscription Service unless You are an employee, associate or are in any way associated to the Healthcare Service Provider that has subscribed to the Subscription Services and the subscribing Healthcare Service Provider has authorized You, explicitly or implicitly, to use the Subscription Services on their behalf, wherein then this Agreement is a three­ way agreement between You, the Healthcare Service Provider and Medifixit. Both the Healthcare Service Provider and Medifixit may seek recourse against You for any violation of the terms of this Agreement.

13. Users are not allowed by Medifixit to transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their log­in or right to use the Subscription Services to any third party. You, the User, are solely responsible for the way anyone You have authorized to use the Subscription Services and for ensuring that all of such Users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such User shall be deemed to be a violation thereof by You.

14. These Terms of Use will also be applicable to Users who access the various features using the App published by Medifixit for running on various software platforms. Additional terms of use may be applicable to Users while using the App.

15. You agree that any registration information you give to Medifixit will always be true, accurate, correct, complete and up to date, to the best of our knowledge. Any phone number used to register with the Subscription Services be registered in your name and you might be asked to provide supporting documents to prove the same.

16. You agree that you will not use the Subscription Services provided by Medifixit for any unauthorized and unlawful purpose. You will not impersonate another person, including, without limitation, a Healthcare Service Provider or User.

17. You agree to use the Subscription Services only for purposes that are permitted by

a.                The Terms of Use and

b.                any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).

18. You agree not to access (or attempt to access) any of the Subscription Services by any means other than through the interface that is provided by Medifixit, unless you have been specifically allowed to do so in a separate agreement with Medifixit.

19. You agree that you will not engage in any activity that interferes with or disrupts the Subscription Services (or the servers and networks which are connected to the Subscription Services).

20. You agree that you will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell the Software or any other Subscription Services for any purpose whatsoever.

21. You agree that You are solely responsible for (and that Medifixit has no responsibility to You or to any third party for) any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which Medifixit may suffer) of any such breach.

22. You shall indemnify Medifixit for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by Medifixit as a result of Your breach under any applicable law.

23. You expressly acknowledge and agree that Your use of the Subscription Services is at Your sole risk and that the Subscription Services are provided "as is" and "as available”.

24. You agree that You will not make any unsolicited calls or use any information displayed on the Medifixit, to breach any applicable rules and guidelines related to unsolicited commercial communications, including but not limited to regulations & guidelines such as TRAI guidelines for telemarketers, or otherwise violate applicable law while using the Subscription Services.

25. You agree that this Agreement and the Subscription Services of Medifixit are subject to any modification, or may be removed by Medifixit, as a result of change in government regulations, policies and local laws as applicable.

26. You agree and understand that You are responsible for maintaining the confidentiality of passwords associated with any log­in You use to access the Software.

27. Your use of each Subscription Service confers upon You only the rights and obligations relating to such Subscription Service, and not to any other Subscription Service or service that may be provided by Medifixit.

28. Medifixit provides Software through its website, as a Software as a Service (SaaS) model. Medifixit is not responsible for and does not deal with any of patient managed by User through the website or native mobile applications and only provides Software to User through the website and native mobile applications. To the extent User uses such software or downloads such software from the various stores for the Apps, the software, will be deemed to be licensed to User by Medifixit, for providing Subscription Services to User and enabling User to use the Software only. Medifixit does not transfer either the title or the intellectual property rights to the Software and other Subscription Services, and Medifixit (or its licensors) retain full and complete title to the Software as well as all intellectual property rights therein. Information provided by a User to Medifixit may be used, stored or re­published by Medifixit or its affiliates even after the termination of these terms of Service.

29. Medifixit may offer at its discretion, a free trial of its Subscription Services for a specified time period. Users of the Software during the trial period are bound by the terms of this Agreement and any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions. Any data User enters into the Software, and any customizations made by or for the User, during User’s free trial will be permanently lost at the expiry of the specified time period unless the User upgrades his/her/its subscription to one of the Subscription Plans. Medifixit does not provide any warranty during the trial period.

30. Medifixit offers its Subscription Services on as ­is basis and has the sole right to modify any feature or customize them at its discretion and there shall be no obligation to honour customization requests of any User. The subscription fee hence charged is exclusive of any customisation costs.

31. User shall not access the Subscription Services of Medifixit if the User or the Organisation that he/she/it represents is Medifixit’s direct or indirect competitor, except with Medifixit’s prior written consent. In addition, the User shall not access the Subscription Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

32. Medifixit provides, at its discretion basic support for the Subscription Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Subscription Services available 24 hours a day, 7 days a week, except for-

a.                planned downtime (of which Medifixit shall give at least 12 hours’ notice to Users via the Subscription Services and which Medifixit shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Indian Standard Time (IST) Friday to 6:00 a.m. Indian Standard Time (IST) Monday), or

b.                any unavailability caused by circumstances beyond Medifixit’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider failures or delays.

33. Notwithstanding anything to the contrary contained herein, Medifixit does not warrant that its Subscription Services will always function without disruptions, delay or errors. A number of factors may impact the use of the Subscription Services (depending on the Subscription Services used) and the App and may result in the failure of your communications including but not limited to your local network, firewall, your internet service provider, the public internet, your power supply and telephony services. Medifixit 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 we have no control.

34. In the event the Subscription Services are not available due to apparent default at Medifixit’s end or are rendered unusable, Medifixit may at its discretion extend the subscription period of the Healthcare Service Provider only by such number of calendar days when the Subscription Services were not available. However, you shall agree that Medifixit is not responsible and will not be held liable for the any failure of the intermediary services such as, internet connectivity failure or telephonic disconnections.

35. The Subscription Services may be subject to certain limitations, such as, limits on storage space, and, other limitations dependent on the ‘Plan’, for example, number of SMS, number of users or accounts, validity of subscription and any other limitations. Any such limitations are specified in the Specific Plans. The Subscription Services have been designed to provide real­time information to enable User to monitor compliance with such limitations.

36. Notwithstanding anything to the contrary contained herein, Healthcare Service Provider alone shall be liable for Healthcare Service Provider’s dealings and interaction with patient, his/her representatives or affiliates, searching for Healthcare Service Providers through the Website, contacted through the Software, and Medifixit shall have no liability or responsibility in this regard. Medifixit does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by ­Users or any third party through the Subscription Services.

37. Medifixit may, at its sole discretion, suspend User’s ability to use or access the Subscription Services at any time while Medifixit investigates complaints or alleged violations of this Agreement, or for any other reason.

38. Medifixit reserves the right to use all information captured in its Subscription Services in anonymised form for the purpose of its Subscription Services improvements, and providing analytics and businesses intelligence to the third parties. On the basis of such information, Medifixit tries to make its Subscription Services more useful in following way:

a.                Promotion of new Services,

b.                Analysing software usage patterns for improving Services design and utility;

c.                 Analysing anonymised patients’ information for research and development of new Technology, Software and Services;

39. Medifixit reserves the right to use the following types of information stored in our software:

a.                Healthcare Service Provider information;

b.                Users’ demographic information as anonymised form

c.                 Users’ information in relation to his health and history (anonymised form);

 

40. Medifixit automatically lists Healthcare Service Provider information on its Subscription Services as per information added to a Healthcare service provider using its Software. The information listed is displayed when End­ Users search for Healthcare Service Providers on the Medifixit, and this information listed on the Subscription Services may be used by End ­Users to request for appointments. Such information on the Subscription Services may continue to appear even after the Healthcare service provider removes the information from its Software or the Healthcare service provider ceases to be a paying subscriber or the Healthcare service provider terminates its subscription or in any other way discontinues its relationship with Medifixit. Medifixit, on its own, does not list any Personally Sensitive Information of such Healthcare Service Providers. Medifixit do not provide any ranking algorithm in relation to the listing made on its Website. Medifixit reserves the right to list Healthcare Service Providers who are not party to this Agreement and the Healthcare Service Providers who have subscribed to this Terms of Use are listed along with them. Thereon, Medifixit reserves the right to modify the listing of Healthcare Service Providers on its Website. In case Healthcare Service Provider wishes to change or remove information as listed and displayed omits online platform, or disable appointment requests ,the Healthcare Service Providers can do so by using options available on its online platform or its Subscription Services or by contacting Medifixit at support.medifixit@healthcaremultimediainfomatics.com.

41. Certain Subscription Services may be subject to additional limitations, restrictions, terms and/or conditions specific to such Software (“​Specific Terms​”), and your access to and use of the relevant Subscription Service/s will be contingent upon your acceptance of and compliance with such Specific Terms.

42. Medifixit reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Subscription Services as and when it deems fit, and make any such changes available in newer versions of its Subscription Services or App or all of these at its discretion. All Users of its Subscription Services will be duly notified upon release of such newer versions and Medifixit reserves the right to automatically upgrade all Users to the latest version of its Software as and when it deems fit, without any change to the Subscription fees for the remaining period of the plan.

43. User shall agree that you will indemnify and keep indemnified Medifixit for all the costs, damages and losses any in case of any breach of security procedures by the User(s), User’s employees or its vendors.

44. Any communication sent by or through Medifixit to the clients or customers (whether or not ­Users) of a particular Healthcare Service Provider is based solely on information uploaded by such Healthcare Service Provider on the Medifixit software. The accuracy and completeness of such information (including but not limited to contact details of the client or customer) is the sole responsibility of the Healthcare Service Provider. Medifixit will not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient

45. Medifixit has a subscription plan which enables Healthcare Service Providers to appear at a superior position among the search results of a ­User in a particular area/locality. Medifixit reserves the right to alter the limits of any pre­defined locality at its own discretion on a subscription basis, based on applicable filters. Your use of Medifixit does not constitute an explicit or implicit warranty or guarantee by Medifixit that you will receive any particular number of bookings, appointments, or enquiries from ­Users of Medifixit or otherwise. Medifixit merely enables listing of your information (should you choose to subscribe to it) on a priority basis, with a ‘Sponsored Listing’, and is provided on an as­ is basis.

46. The Subscription Services are not intended for and must not be used for emergency purposes such as emergency appointments, emergency healthcare procedures or any other emergency situations.

Payments, Fees and Taxes​

47. Medifixit may add new Services for additional fees and charges or may proactively amend fees and charges for existing Subscription Services, at any time in its sole discretion. Fees stated prior to the Subscription Services being provided, as amended at Medifixit’s sole discretion from time to time, shall apply.

48. If you purchase any subscription based paid Service, you authorize Medifixit to charge you applicable fees at the beginning of every subscription period or at such intervals as applicable to the said Service, and you authorise Medifixit make such modification to the fee structure as required during the subsistence of a subscription period and also agree to abide by such modified fee structure.

49. You agree that the billing credentials provided by you for any purchases from Medifixit will be accurate and you shall not use billing credentials that are not lawfully owned by you.

50. The User agrees to pay all subscription fees, consulting fees and other fees applicable to User’s use of Subscription Services and the User shall not circumvent the fee structure. The fee is dependent on the User Plan that User purchases and on any additional usage beyond limitations of the User plans but not on actual usage of the Subscription Services. The subscription fee is non­refundable.

51. Each User is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. Medifixit is in no way responsible for any of the User’s taxes or legal or statutory compliances, except for its own due diligence.

52. Medifixit may make available an offline fee payment facility, supported by a third party vendor. Medifixit is not responsible for any loss or damage caused to the User using this payment facility provided by such third party vendor.

53. The fees could also be paid by cheque payable at Gurgaon, either collected personally from the User or required to be mailed to Medifixit at the following address: Medifixit, Ground Floor, Tower B2, Spaze IT Park, Sohna Road, Gurgaon.

54. All fees are exclusive of taxes. Service Tax and other statutory taxes as applicable are levied on every purchase.

55. The payment process would be considered to be complete only on receipt of the fees into Medifixit's designated bank account.

56. Fees not received within the specified due dates attract late charges of 18% per annum from the due­ date of payment for continuation of the services beyond the due date till the receipt of the fees, and any such charges may be levied at Medifixit's sole discretion.

57. Medifixit reserves the right to modify the fee structure by providing a 30 (thirty) days’ prior notice, either by notice on the Subscription Services or through email to the authorized User, which shall be considered as valid and agreed communication. Upon the User not communicating any response to Medifixit to such notice, Medifixit shall apply the modified fee structure effective from the expiry of the said notice period.

58. In order to process the fee payments, Medifixit might require details of User’s bank account, credit card number and other such financial information. Users are directed to check our privacy policy on how Medifixit uses the confidential information provided by Users.

59. Notwithstanding anything to the contrary contained herein, in case the payments are made by a User through credit card, an invoice for subsequent subscription period/renewals shall be generated 15 (fifteen) days prior to the expiry of the existing subscription period and an email will be sent to such User registered with Medifixit intimating such User about expiration of the current subscription period and that the credit card of such User registered with Medifixit will be charged automatically against payment of subscription fee for subsequent subscription period, along with a copy of the invoice for the subsequent subscription period/renewal.

60. Subject to the provisions of section below, if a User is not willing to continue or renew the subscription of Subscription Services, the same shall be communicated to Medifixit by the User within 5 (five) days of receipt of such intimation from Medifixit. In the absence of such intimation to discontinue the subscription, Medifixit shall be entitled to charge the credit card of the User registered with Medifixit on the day the current subscription period expires.

61. Medifixit shall send an intimation of receipt of fee from the Users through an email within 7 (seven) working days of receipt of fee into Medifixit’s designated bank account.

62. In case of non­payment of any fee beyond the date a payment becomes overdue (overdue date), Medifixit reserves the right to take any or all of the following actions as it deems appropriate

a.                reduce all Subscription Service credits in Users’ Subscription Services account to 0 (zero) anytime after 3 (three) days from the overdue date, including but not limited to SMS.

b.                discontinue the Subscription Services to the User anytime after 10 (ten) days from the overdue date.

c.                 delete all information in User’s account anytime after 30 (ninety) days from the overdue date.

63. Fees and charges shall be calculated solely based on records maintained by Medifixit or its third party billing provider. No other information of any kind shall be acceptable by us or have any effect under this agreement. Decision of Medifixit shall be final and binding in relation to any fees payable by Users.

64. You can cancel your access to the Subscription Services using any of the cancellation methods listed in the Terms of Use or by contacting our customer support by email. The one time set­up fees shall not be refunded to the User.

65. Medifixit will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Subscription Services, or parts thereof, except that you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees, paid deposits or payments for Subscription Services other than the non-­refundable one time set­up fees as due prior to permanent discontinuation the Subscription Services or upon the expiry of 45 (forty five) days from the date of your written notice to Medifixit. Medifixit shall have the right to deduct any taxes that are due in relation to the refund amount (if any).

66. The subscription fees are non­transferable and the payment made by the User for a particular Subscription Service cannot be transferred or carried over to another Service.

Collection, Use, Storage and Transfer of Personal Information

67. The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:

a.                the fact that the information is being collected;

b.                the purpose for which the information is being collected;

c.                 the intended recipients of the information;

d.                the name and address of the agency that is collecting the information and the agency that will retain the information; and

e.                 the various rights available to such Users in respect of such information.

68. Each Healthcare service provider and its users of Software will be responsible for obtaining explicit consent from their ­Users before storing any ­User information in Software.

69. Medifixit 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 Medifixit or any other person acting on behalf of Medifixit.

70. The use of the Subscription Services 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 Medifixit 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.

71. The User is responsible for maintaining the confidentiality of the User’s log­in account access information and password. The User shall be responsible for all usage of the User’s log­in or password, whether or not authorized by the User. The User shall immediately notify Medifixit of any actual or suspected unauthorized use of the User’s log­in or password. Although Medifixit will not be liable for your losses caused by any unauthorized use of your account such as stolen or hacked passwords, you may be liable for the losses to Medifixit or any others parties due to such unauthorized use.

72. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Medifixit has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Medifixit has the right to discontinue the Subscription Services to the User at its sole discretion.

73. Medifixit may, at its discretion, use information stored in its Subscription Services from time to time for the purposes of debugging customer support related issues.

74. Medifixit collects and uses Users personal and demographics information in ways as stated in Privacy Policy. Medifixit intends to seek User’s permission if it wishes to use any User’s personal data for any purpose not specified herein or in the Privacy Policy. Any information provided by the User may be retained by Medifixit and used at its discretion after termination of this Agreement or expiry of a subscription by the User, and thereupon the Agreement and Privacy Policy of the Website shall be applicable to such information

Covenants

75. As mandated by Regulation 3(2) of the IG Rules, Medifixit hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

a.                belongs to another person and to which the User does not have any right to;

b.                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;

c.                 harm minors in any way;

d.                infringes any patent, trademark, copyright or other proprietary rights;

e.                 violates any law for the time being in force;

f.                  deceives or misleads the addressee (or End­User or User) about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

g.                impersonate another person;

h.                contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

i.                   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.

76. The User is also prohibited from:

a.                violating or attempting to violate the integrity or security of the Subscription Services or any Medifixit Software;

b.                transmitting any information (including job posts, messages and hyperlinks) on or through the Subscription Services that is disruptive or competitive to the provision of Subscription Services by Medifixit;

c.                 intentionally submitting on the Subscription Services any incomplete, false or inaccurate information;

d.                making any unsolicited communications to other Users;

e.                 using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Service;

f.                  attempting to decipher, decompile, disassemble or reverse engineer any part of the Subscription Services unless explicitly permitted by Medifixit;

g.                copying or duplicating in any manner any of the Medifixit content or other information available from the Service;

h.                framing or hotlinking or deeplinking any Medifixit content

i.                   circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

77. Medifixit, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of the above mentioned. Medifixit shall be entitled to preserve such information and associated records for at least 90 (ninety) days for service on to governmental or investigative authorities for investigation purposes.

78. In case of non­compliance with any applicable laws, rules or regulations, or the Agreement (including the privacy policy) by a User, Medifixit has the right to immediately terminate the access or usage rights of the User to the Subscription Services and to remove non compliant information.

79. Medifixit may disclose or transfer User Information (as defined in the privacy policy) to its affiliates, and you hereby consent to such transfer. The SPI Rules only permit Medifixit 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 Medifixit as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Medifixit or any person on its behalf and the user or where the User has consented to data transfer.

80. Medifixit respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

Spamming

81. Medifixit has a zero ­tolerance spam policy. Medifixit employs controls on user permission to receive Content from Medifixit’s Subscription Services and has easily accessible ways for users to block or not receive content if they chose to. However, Medifixit’s policy on spam is clearly stated below:

a.                Spamming is defined as the practice of

i.                        sending unsolicited messages, likely with commercial content

ii.                        in large quantities

iii.                         to an indiscriminate set of recipients

b.                The sender of any message deemed to be "spam" is liable for Rs. 25,000/­ for each User that receives each unauthorized message. The sender of ‘Spam’ will pay all fees owed to Medifixit within thirty (30) days of such transmission.

Theft or Fraudulent Use of Subscription Services

82. You agree to notify Medifixit immediately, in writing or by mail to support.medifixit@healthcaremultimediainfomatics.com or by calling Medifixit customer care on +91 8010 846 846, if your content is stolen or if you become aware at any time that your account with any Subscription Service is being misused or being used fraudulently. When you call or write, you must provide your account details and a detailed description of the circumstances of the theft or fraudulent use of the Subscription Services. Failure to do so promptly or within a reasonably prompt time period after discovery of the improper use may result in the termination of your Subscription Services and additional charges to you.

83. You will be liable for all use of the Subscription Services if your account is misused and also for any and all stolen Subscription Services or fraudulent use of the Service. Notwithstanding anything herein to the contrary, Medifixit shall not be liable to extend the subscription period or waive­off any fees on account of such theft or fraudulent use. This includes, but is not limited to, modem hijacking, wireless hijacking, or other fraud arising out of a failure of your internal or corporate security procedures. Medifixit will not issue refunds for fraudulent use resulting from your negligent or wilful acts or those of an authorized user of your Subscription Services.

Misuse of the Subscription Services

84. Medifixit may restrict, suspend or terminate the account of any User who abuses or misuses the Subscription Services. Misuse includes creating multiple or false profiles, infringing any intellectual property rights, violating any of the terms and conditions of these Terms of Use, or any other behavior that Medifixit, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Medifixit has adopted a policy of terminating accounts of users who, in Medifixit’s sole discretion, are deemed to be repeat infringers of any Terms of Use even after being warned by Medifixit.

Termination and Disputes

85. This Agreement will remain in full force and effect while the User is a user of any of the Subscription Services in any form or capacity.

86. The User can request for termination of his/her/its membership with Medifixit at any time by providing 30 (thirty) days’ prior written notice to support.medifixit@healthcaremultimediainfomatics.com. During this 30­day period, Medifixit will investigate and ascertain the fulfilment of any ongoing Subscription Services or pending dues related to subscription fees or any other fees by the User. Medifixit may require the User to continue his/her/its subscription until the completion or termination of an on­going Subscription Services or subscription period, should the situation warrant and at Medifixit’s discretion. The User shall be obligated to clear any dues with Medifixit for any of its Subscription Services for which the User has procured. Medifixit shall not be liable to you or any third party for any termination of your access to the Site and/or the Subscription Services.

87. Medifixit reserves the right to terminate any account in cases:

a.                A User breaches any terms and conditions of this terms of use or privacy policy;

b.                Medifixit is unable to verify or authenticate any information provide to Medifixit by a User; or

c.                 Medifixit believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Medifixit or are contrary to the interests of the Service.

88. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Subscription Services under the same account, a different account or re­register under a new account, unless explicitly permitted by Medifixit. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other content kept on the Subscription Services by such User. The User shall ensure that he/she/it maintains has continuous backup of any User­ provided content, data or information on the Service, in order to comply with his/her/its record keeping process and practices. Nothing contained in these Terms of Use shall restrict Medifixit’s use of the data or right to publish information made available by a User in the public domain through the Subscription Services or any other platform managed by Medifixit after the termination or expiry of a subscription or cessation of operation of these Terms in relation to a specific User.

89. Return of User’s Data: Upon request by a User made within 30 (thirty) days after the effective date of termination of a Subscription Services subscription due to non-payment, Medifixit will make available to the User for download a copy of such User’s data in comma separated value (.csv) format or any other format as determined by Medifixit. After such 30 (thirty) days period, Medifixit shall have no obligation to maintain or provide any of such User’s data and shall thereafter, unless legally prohibited, delete all User’s data in its systems or otherwise in its possession or under its control. In cases where User terminates the subscription voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the subscription ­ Users data will not be available after termination of subscription in such cases.

90. Medifixit reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Subscription Services and immediate termination of the User’s account with or without ability to access the Softwares, upon any breach by the User of this Agreement or if Medifixit is unable to verify or authenticate any information the User submits to Medifixit, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for Medifixit to provide the Subscription Services to the User.

91. This Agreement and any contractual obligation between Medifixit and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Gurgaon, India.

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

93. Any amendment in these Terms shall replace all previous versions of the same.


 

F.                CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

1.                The contents listed on the Website are

a.                User generated content, or

b.                Belong to Medifixit. The information that is collected by Medifixit directly or indirectly from the End- Users and the Healthcare Service Providers shall belong to Medifixit.

2.                Copying of the copyrighted content published by Medifixit on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Medifixit reserves its rights under applicable law accordingly.

3.                Medifixit authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. All information, content and material contained in the Website, including but not limited to the information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website, are the property of Medifixit, and are protected under copyright, trademark and other laws. User shall not modify Medifixit or reproduce, display, publicly perform, distribute, or otherwise use Medifixit in any way for any public or commercial purpose or for personal gain.

4.                User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.



G.               RIGHTS AND OBLIGATIONS RELATING TO CONTENT

1.                As mandated by Regulation 3(2) of the IG Rules, Medifixit hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

a.                belongs to another person and to which the User does not have any right to;

b.                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;

c.                 harm minors in any way;

d.                infringes any patent, trademark, copyright or other proprietary rights;

e.                 violates any law for the time being in force;

f.                  deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

g.                impersonate another person;

h.                contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

i.                   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.

2.                Users are also prohibited from:

a.                violating or attempting to violate the integrity or security of the Website or any Medifixit Content;

b.                transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Medifixit;

c.                 intentionally submitting on the Website any incomplete, false or inaccurate information;

d.                making any unsolicited communications to other Users or engage in any form of antisocial, disrupting, or destructive acts, including "flaming" spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet, using Medifixit resources

e.                 using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;

f.                  attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

g.                copying or duplicating in any manner any of the Medifixit Content or other information available from the Website;

h.                framing or hot linking or deep linking any Medifixit Content.

3.                Medifixit, 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 above) generated by Users, or on being notified by the appropriate Government or its agency that the Website is being used by the User to commit any unlawful act and/or is being used in violation of Paragraphs above, shall be entitled to remove or disable access to the material or information that is in contravention of this Paragraph. Medifixit is entitled to act, as required by the IG Rules, within thirty six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. Medifixit shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

4.                In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Medifixit has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.

5.                Medifixit may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. Medifixit will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.

 
 

H.              USER ACCOUNT AND DATA PRIVACY POLICY

1. The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.

2. Medifixit may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Medifixit’s services and to build new services

3. The Website allows Medifixit to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Healthcare Service Providers and their services

4. The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of the fact that certain information is being collected, the purpose for which the information is being collected, the intended recipients of the information, the nature of collection and retention of the information and the various rights available to such Users in respect of such information

5. Medifixit 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 Medifixit or to any other person acting on behalf of Medifixit

6. The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Medifixit of any actual or suspected unauthorized use of the User’s account or password. Although Medifixit will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Medifixit or others due to such unauthorized use

7. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Medifixit has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Medifixit has the right to discontinue the Services to the User at its sole discretion.

8. Medifixit may use such information collected from the Users from time to time for the purposes of debugging customer support related issues

9. Medifixit provides Users with free facility on the Website and its mobile application ‘Medifixit’.

10. The specific terms relating to such account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

a.                Your account is only created after you have signed up and explicitly accepted these Terms.

b.                Information available in your account is of two types:

i.                        Patient-created: Information generated and uploaded by you.

ii.                        Service Provider created: Information generated by your interaction with a healthcare service provider who uses Services enabled under the software.

11. Any Service Provider created information is provided on an as-is basis and Medifixit does not validate the said information and makes no representation in connection therewith. You should contact the relevant Service Provider in case you wish to point out any discrepancies or add, delete, or modify the information in any manner.

12. The account is provided on a best-efforts as-is basis. While We strive to maintain the highest levels of service availability, We are not liable for any interruption that may be caused to your access of the Services.

13. The SMS facility provided is only a supplementary way of reminders and is not obligatory. We are not liable if for any reason SMS Reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the SMS Reminders, you can request your healthcare service provider to not enable it during your consultation or otherwise, or opt out of the service from your account

14. It is your responsibility to keep your correct mobile number and email ID updated in the account. The records will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Medifixit is not responsible for any loss or inconvenience caused due to your non-updation of your contact details for the account.

15. Medifixit uses industry–level security and encryption to your Account. However, Medifixit cannot guarantee prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to support.medifixit@healthcaremultimediainfomatics.com.

16. If you access your dependents’ record through your account by registering your dependents with your own account, you are deemed to be responsible for the records of your dependents and all obligations that your dependants would have had, had they maintained their own separate individual accounts.

17. All information, content and material contained in the Website and / or Services are the Company's intellectual property. All trademarks, services marks and trade names are proprietary to the Company. No information, content or material from the Website and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Company's express written permission.


 

I.                  TERMINATION

1.                Medifixit reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where

a.                Such User breaches any terms and conditions of the Agreement;

b.                A third party reports violation of any of its right as a result of your use of the Services

c.                 Medifixit is unable to verify or authenticate any information provide to Medifixit by a User;

d.                Medifixit has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or

e.                 Medifixit believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Medifixit or are contrary to the interests of the Website.

2.                Once temporarily or indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User.

3.                The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered or received using the Software provided by Medifixit, in order to comply with the User’s record keeping process and practices.


 

J.                  LIMITATION OF LIABILITY

1.                Medifixit shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures made by Medifixit, where the User has consented to the making of disclosures by Medifixit. If the User had revoked such consent under the terms of the privacy policy, then Medifixit shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Medifixit prior to its actual receipt of such revocation.

2.                The Company cannot and will not assure you that other Medifixit Users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

3.                The User shall not hold Medifixit responsible or liable in any way for any disclosures by Medifixit under Regulation 6 of the SPI Rules.

4.                The Software provided by Medifixit is provided "as is”," as available”, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non­-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Medifixit does not provide or make any representation, warranty or guaranty, express or implied about the Website or the Services. Medifixit does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Medifixit disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, the Medifixit Content, representations and warranties made by the Users or the content or information provided by the Users on the Website or any opinion or suggestion given or expressed by Medifixit or any User in relation to any User or Services provided by such User.

5.                Medifixit assumes no responsibility, and shall not be liable for ways in which User data is used by Healthcare Service Providers and other authorized users of the Software. It is the responsibility of the Healthcare Service Provider alone to ensure that the User data either stored in Software or taken out from Software by printing or exporting to PDF, CSV or any other computer file format or data stored offline in mobile devices of users accessing Software through mobile applications published by Medifixit, is used in compliance with the local privacy laws applicable to the Healthcare Service Provider’s business transactions with Users.

6.                The Company does not warrant that the functions contained in content, information and materials on the Website and / or Services, including, without limitation any third party sites or services linked to the Website and / or services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components.

7.                Website may be linked to the website of third parties, affiliates and business partners. Medifixit has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Medifixit endorses the linked site. User may use the links and these services at User’s own risk

8.                Medifixit assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or using the Services or the downloading of any material, data, text, images, video content, or audio content from the Service. If a User is dissatisfied with the Service, User’s sole remedy is to discontinue using Medifixit.

9.                The Services may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized Medifixit representatives or agents, and their opinions or statements do not necessarily reflect those of Medifixit, and they are not authorized to bind Medifixit to any contract. Medifixit hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.

10.          In no event, including but not limited to negligence, shall Medifixit, or any of its directors, officers, employees, agents or content or service providers (collectively, the “​protected entities​”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the  Services or the content, materials and functions related thereto, User’s provision of information via the  Services of the Medifixit, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any Services by Healthcare Service Providers to Users contacted or managed through the Service. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Services. In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Services exceed, in the aggregate Rs.1000.

11.          You expressly understand and agree that the information, content and materials on this Website and / or Services are provided on an "as is" and "as available" basis. The Company and all the protected entities disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement.

12.          In no event shall the protected entities be liable for failure on the part of the Users to provide agreed  Services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the protected entities be liable for any comments or feedback given by any of the Users in relation to the Services provided by Healthcare Service Provider.

13.          Medifixit collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Healthcare Service Providers listed on the Website, such as their specialisation, qualification, fees, location, visiting hours, and similar details. Medifixit takes reasonable efforts to ensure that such information is updated at frequent intervals. Medifixit cannot be held liable for any inaccuracies or incompleteness represented from information and photos submitted by the Healthcare Service Providers.

14.          The listing order of Healthcare Service Providers is based on multiple factors including Users’ comments and feedbacks. Medifixit at its discretion hold the sole right to display the listing order of the Healthcare Service Provider and/ or Healthcare Service Providers.

15.          In no event shall the protected entities and Medifixit be liable or responsible for the listing order of Healthcare Service Providers. Further, Medifixit shall not be responsible for adverse feedback or comments, or ratings on the Services which are a subject matter of automated processes, and Medifixit disclaims any liability for lost business or reputation of a User due to information, data or ratings that’s are available on the Service.

16.          The reviews and the feedbacks are displayed by the Medifixit at its discretion. You agree that Medifixit may contact you through telephone, email, sms, or at your contact details for the limited purpose of:

a.                Obtaining feedback in relation to Medifixit’s Services; and/or

b.                Obtaining feedback in relation to any Healthcare Service Providers listed on the Service.

17.          The protected entities and Medifixit shall not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in Medifixit  Services made to you, or for any unauthorized interception of Customer’s communications or other breaches of privacy attributable in part to the acts or omissions of Customer or third parties, or for damages associated with the Service, or equipment that it does not furnish, or for damages that result from the operation of Customer provided systems, equipment, facilities or services that are interconnected with the Service.In no event, including but not limited to negligence, shall Medifixit, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

a.                provision of or failure to provide all or any service by Healthcare Service Providers to End- Users contacted or managed through the Website;

b.                any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;

c.                 any unauthorized access to or alteration of your transmissions or data; or

d.                any other matter relating to the Website or the Service.

19. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

20. If Medifixit determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Medifixit reserves the right to immediately suspend your access to the Website or any of your accounts with Medifixit and makes such declaration on the website alongside your name/your clinic’s name as determined by Medifixit for the protection of its business and in the interests of Users. You shall be liable to indemnify Medifixit for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Medifixit or its Users


 

K.               INDEMNITY

1.                User agrees to indemnify and hold harmless Medifixit, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. Medifixit will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.


 

L.                APPLICABLE LAW AND DISPUTE SETTLEMENT

1.                You agree that this Agreement and any contractual obligation between Medifixit and User will be governed by the laws of India.

2.                Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Medifixit. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Gurgaon. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

3.                Subject to the above Paragraph, the courts at Gurgaon shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.



M.             SEVERABILITY

1.                If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal


 

N.               WAIVER

1.                No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Medifixit. Any consent by Medifixit to, or a waiver by Medifixit of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.