Terms of Service
(Last updated 23 FEBRUARY 2018)) These Terms of Service together with the applicable policies which are incorporated herein by way of reference (“these Terms”) govern the access or use of the website www.meme.care (“the Website”), the application known as ‘MeMe Care’ and ‘MeMe Doctor’ available for download on your communication device (“Application” or “App”) and MeMe Edge Clinic together with all the content, tools, facilities and services made available through the Website or the App or the Clinic (collectively “the Service”). Therefore, please read these Terms very carefully. By agreeing to the Terms & Conditions, you are indicating that you have read and understood these Terms and agree that these Terms constitute a legal and binding agreement between you and MeMe Information Technology Private Limited, Head Office: A3/203, Sunway, Megapolis, Rajiv Gandhi Infotech Park, Phase 3, Hinjewadi, Pune – 411057, and Delivery Centre: Module - 104, 106 Webel IT Park, Barjora, Bankura, West Bengal - 722168, India, (“we”, “us” or “our”). If you do not understand the Terms or if these Terms or any part of these Terms is not acceptable to you, please do not access or use the Service or any part thereof. In these Terms, “you” / “yours” / “yourself” denotes the natural person who accesses/uses the Service or any part thereof. We reserve the right to update or modify these Terms at any time in our sole discretion without any prior notice to you. If we update or modify these Terms, we will post the revised version of these Terms on the Website / App and such revision shall become effective immediately on such posting. It is your responsibility to review these Terms periodically for updates / modifications. Your continued access or use of any of the Service after any revision becomes effective shall be deemed to constitute your acceptance and agreement to be bound by the revised Terms.
Eligibility & Registration
No Doctor-Patient Relationship between Us
We do not practice medicine and do not provide medical consultation. We merely provide a technology platform and infrastructure that enables you to connect with participating medical practitioners listed on the Service and to use the messaging or communication facilities of the Service that are designed to enable you to communicate with others (‘Communication Tools”) to consult with a medical practitioner recommended to you. Medical practitioners listed on the Service have signed / accepted contracts with us and represented to us that they are duly qualified to practice medicine in India and are enrolled on the Medical Register in one of the States in India or Medical council of India. While we make reasonable enquiries to confirm the veracity of this representation made to us by the medical practitioners, we shall not be responsible for any misrepresentation or fraud in this regard. We do not recommend or endorse any medical practitioners or make any representations or warranties with respect to the quality of the medical services a medical practitioner may provide to you. The use of the Service does not create a doctor/patient relationship between you and us. All medical consultation shall be provided to you by the concerned medical practitioner directly and as such, the medical practitioner you consult with shall be solely responsible for compliance with all requirements applicable to his or her professional services provided to you and liable to you for all medical consultation, medical advice, diagnosis or treatment recommended or provided to you. We shall not be responsible or liable for any defect or deficiency in the medical consultation, diagnosis or treatment recommended to you by any medical practitioner. Any diet plans or advice or information that may be provided on or through the Service is for information only, does not constitute a medical opinion or advice or a diagnosis or treatment and is not a substitute for professional medical advice, diagnosis or treatment. We are not responsible for the accuracy of the results of any test done through our ‘Anytime Health Checkup Machine’ (AHCM). These tests are solely for information purposes to suggest probable risks to users having a particular health issue and the results of the tests do not constitute a medical opinion or diagnosis. You should consult a medical professional before acting on the results of any such tests.
Not for Medical Emergencies.
The Service we provide is NOT for medical emergencies, for life threatening conditions or for when you need acute care. You should not disregard or delay to seek medical advice from your physician based on anything that appears or is provided to you by or through the Service. You should seek emergency help or follow-up care when recommended by a medical practitioner or when you are of the opinion that such help or care is prudent in your sole opinion. Limitations of Online Consultation and Informed Consent When you seek consultation with any medical practitioner using the Communication Tools made available through our Service, you understand the limitations and potential risk of online consultations, including but not limited to the inability to carry out a physical examination or other extensive investigations; delays or failure arising from the disruption of communication devices or Communication Tools; the insufficient quality of information transmitted online, lack of access to your medical records or medical history amongst others and the inherent risks of breach of privacy associated with sharing your sensitive personal information or medical information through the Communication Tools. You take full responsibility for ensuring that any information you submit is complete and accurate and understand that the medical practitioner relies solely on information provided by you. We shall not be responsible for any errors in transmission or for the corruption or compromise of any information communicated over telecommunication services. Therefore, before sharing any information or acting on any information or advice offered to you by or through the Service, you should confirm that you have understood and accept the associated limitations and risks and agree that you are not using the Service as a substitute for consultation with your primary care physician. The transmission, storage and/or retrieval of data and information and the provision of the Service through the internet is subject to a variety of factors beyond our reasonable control, including any interruption or unavailability of third-party telecommunication services used to host / provide the Service. In no event will we be liable for any failure or interruption of the Service, including without limitation those failures or interruptions resulting in part or entirely from circumstances beyond our reasonable control. Without prejudice to the above, a medical practitioner may, in his or her sole discretion and professional judgment, determine that the online consultations through the Service are not appropriate for some or all of your needs and, accordingly, may elect not to provide services to you through the Service.
Use of Service
You agree to use the Service (including the Communication Tools) only in accordance with these Terms and all applicable laws. You may not use the Service in any manner that could damage, disable, overburden or impair our computer systems or interfere with any other party’s use and enjoyment of any Service. You should not attempt to gain unauthorized access to any Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. Without prejudice to the above, you agree not to host, display, upload, modify, publish, transmit, update or share any information that: Belongs to another person and to which you do not have any right to; Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; Harm minors in any way; Infringes any patent, trademark, copyright or other proprietary rights; Violates any law for the time being in force; Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; Impersonates another person; Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. You are solely responsible for all information you transmit or share using the Communication Tools and we are not obliged to monitor the same. However, we reserve the right to review any information or materials you share using the Communication Tools and to remove (without notice to you) any information or materials that we find, in our sole discretion, violates any applicable law or these Terms. To this extent, you hereby waive doctor-patient confidentiality and expressly authorize us to review all information you transmit or share using the Communication Tools. In the event of non-compliance with the Terms, we may (without notice to you), immediately terminate your registration with us and/or prevent your access or use of the Service.
Payment for Service
Your Data and Information
Intellectual Property Rights
We/our licensors own all copyright, trademarks, domain names and other intellectual property rights in or related to the Service and all its various components. Except for your personal data and information, all information, content and material contained on the Website, the App, MeMe Edge Clinic and/or Service is our intellectual property. No information, content or material from any part of the Service may be copied, reproduced, republished, uploaded, recorded, posted, transmitted or distributed in any way (including by using any automated programs, software, or any other method of screen scraping), except for your personal and non-commercial use, without our express written permission.
Changes to Service
We reserve the sole and complete discretion with respect to the operation of the Service and we may add, modify, suspend or discontinue any functionality or feature of the Service or any of the services provided by us without any notice to you.
Third Party Links and Advertisements
You acknowledge and agree that your use of the Service is solely at your own risk, and that you assume full responsibility for all risks associated therewith. All information, products or services contained on or provided through the Service are provided “as is”, without any warranty of any kind, express or implied. We do not make any warranty or representation as to the quality, quantity, potency, purity, standard, nature or manner of performance of any of the information, products or services contained on or provided through the Service. We hereby disclaim, to the maximum extent permitted by applicable law, all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for any particular purpose, title, non-infringement, reliability, accuracy, completeness, timeliness or that the availability of the Service will be uninterrupted, timely, secure, or error free.
Limitation & Exclusion of Liability
To the fullest extent permitted by law, in no event will we be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, whether or not we have been warned of the possibility of such damages. In any event, our total aggregate liability to you, if any, will not exceed the charges paid to us by you (if any) for the particular Service.