TERMS OF SERVICE AGREEMENT

 

Medbay India Private Limited, under the brand “LetsMD” is the author and publisher of the domain name www.letsmd.com (“Website”) and LetsMD mobile application (“App”). Please read this terms of service carefully. By using this website/App you agree to be bound by all of the terms and conditions of this agreement.

1. LEGAL CONTRACT

This Terms of Service Agreement (the “Agreement”) governs your use of the Website and App, This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. We reserve the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. LetsMD will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. We encourage you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with us for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website or App.

 

2. ELIGIBILITY AND RESTRICTION ON USE

The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by LetsMD for any reason. Further, you represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by the terms or conditions of the Agreement. You shall not access and use the Website or App if you are not competent to contract under the applicable laws, rules and regulations.

If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the Website/App and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity and further, if you have fulfilled such additional eligibility requirements as the Company may require in connection therewith.

This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website/App to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

i. the Indian Contract Act, 1872,

ii. the Information Technology Act, 2000, and

iii. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the Information Technology (Intermediaries Guidelines) Rules, 2011.

 

3. DEFINITIONS

The following terms, when used in these Terms, shall have the meaning as set out hereunder unless the context otherwise requires:

“Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, order, decree, by-law, approval from the concerned authority, government resolution, direction, guideline, policy, requirement, or other governmental restriction or any similar form of decision of, or determination by, or any interpretation or adjudication having the force of law of any of the foregoing, by any concerned authority having jurisdiction over the matter in question.

“We”, “Our”, and “Us” shall mean and refer to Medbay India Private Limited.

“You”, “Your”, “Yourself” and “User” shall mean and refer to natural and legal individuals who uses the Services of LetsMD or who uses the Website and/or App;

“Services” shall collectively mean the services of facilitating of Medical Loans to the Borrower through Partner Lender by using Website and/or App of LetsMD.

“Medical Loan” or “Loan” shall mean the loan facility extended to the User by Partner Lender through LetsMD in relation to the healthcare services availed/to be availed by the user from empaneled hospital.

“Partner Lender” shall mean an entity engaged in the business of providing credit facilities, such as Non-Banking Financial Companies, Banks, lending institutions etc., with which LetsMD has partnered with to extend the Medical Loans to the User.

 

4. SERVICES

LetsMD is engaged in the services of facilitating medical loan and bridges the gap between lender and a borrower. By using the Services, you may apply for the Medical Loan, subject to the fulfilment of the eligibility criteria laid down in the Website/App. You understand that LetsMD has been appointed by Partner Lender to collect, authenticate, track your location, verify and confirm the User Data, documents and details as may be required by Partner Lender to sanction the Loan. Partner Lender authorizes LetsMD to collect and store the User Data through the mobile application form (“Mobile Application Form”) available on App. During the Application process, you shall be required to share and upload the User Data on the Mobile Application Form. User Data shall include personal information including but not limited to your name, e-mail address, gender, date of birth, mobile number, passwords, photograph, mobile phone information including contact numbers, SMS and browsing history, data and login-in credentials, financial information such as bank documents, salary slips, bank statements, PAN card, bank account no., data from Credit Information Companies, data required for Know Your Customer compliances, requirement and other relevant details (“Personal Information”). You agree that the Personal Information shall always be accurate, correct and complete. As part of the Services, you authorize us to import your details and Personal Information dispersed over Third Party Websites or Apps. You understand and acknowledge that we may periodically request for updates on such Personal Information and we may receive such updated information from Third Party service provider.

All transactions undertaken on your behalf by LetsMD will be on the basis of your express instructions/consent and will be strictly on a non-discretionary basis. You also authorize LetsMD to get your credit information report from one or more Credit Information Companies as decided by the Us from time to time.

You understand and acknowledge that We reserve the right to track your location (“Track”) during the provision of Services, and also in the event that you stop, cease, discontinue to use or avail the Services, through deletion or uninstallation of App or otherwise, till the event that your obligations to pay the Outstanding Amount(s) to Partner Lender exist. Deletion, uninstallation, discontinuation of our Services, shall not release you from the responsibility, obligation and liability to repay the Outstanding Amount(s).

You understand and acknowledge that you shall be solely responsible for all the activities that occur under your User Account while availing the Services. You undertake that LetsMD shall not be responsible and liable for any claims, damages, disputes arising out of use or misuse of the Services. By usage of the Services, you shall be solely responsible for maintaining the confidentiality of the User Account and for all other related activities under your User Account. We reserve the right to accept or reject your registration for the Services without obligation of explanation.

You understand and acknowledge that, you are solely responsible for the capability of the electronic devices and the internet connection, you chose to run the Website or App. The App or the Services on your electronic device is subject to availability of hardware, software specifications, internet connection and other features and specifications, required from time to time.

 

5. PROCESS FOR AVAILING LOAN

In order to avail the Services, you are required to register with LetsMD by logging in through your App (“User Account”). You need to fill or upload your data on Mobile Application Form. Once you verify and upload the User Data and/or other documents and details in the Mobile Application Form, LetsMD shall process the same. Upon the completion of the document verification, the Loan may be sanctioned by Partner Lender to you, subject to fitting eligibility criteria and other conditions set forth by Partner Lender for sanctioning the Loan. Thereafter, you are required to fill and upload the ECS/NACH mandate form/Cheque or any other document as may be required by Partner Lender. We may also collect the physical documents including signatures on those documents required for sanctioning and processing the Loan. Upon the collection of documents, Partner Lender shall disburse the Loan subject to the terms and conditions of the Loan Agreement.

The sanctioned Loan shall be disbursed as per the mode provided in the Mobile Application Form. You are required to repay the Outstanding Amount(s) to Partner Lender, on the respective due date(s) mentioned in the Mobile Application Form.

The User Data provided during the registration is stored by Us for your convenience. You are not required to log-in to your User Account, every time, to use or access the Website/App. You understand and acknowledge that by accepting these Terms, you authorize us to Track, fetch and use the User Data, including but not limited to your Personal Information, for the purpose of authentication and any updates with regards to your credentials.

 

6. TERMINATION

We reserve the right to suspend or terminate a User’s access to the Website or App with or without notice and to exercise any other remedy available under law, in cases where,

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

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

iii.  We have reasonable grounds for suspecting any illegal, fraudulent or  abusive activity on part of such User; or

iv.  We believe in its sole discretion that User’s actions may cause legal  liability for such User, other Users or for LetsMD or are contrary to the  interests of the Website or App.

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website/App 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 or App by such User.

 

7. INTELLECTUAL PROPERTY RIGHTS

The Website and App contains information, materials, including text, images, graphics, videos and sound (“Materials”), which is protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights in these Materials are owned by LetsMD.

You shall not (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any Materials contained in the Website and App. These restrictions apply in relation to all or part of the Materials on the Website and App; (b) copy and distribute this information on any other server, or modify or re-use text or graphics on this system or another system. No reproduction of any part of the Website content may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (c) remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the website; link to this Website without our express written consent.

 

8. DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES

The Website/App includes links to other websites whose privacy practices may differ from those of LetsMD. The inclusion of a link does not imply any endorsement by LetsMD of the third party website, the website’s provider, or the information on the third party website. If the Users submit personal information to any of those websites, such information is governed by the privacy policies of such third party websites and We disclaims all responsibility or liability with respect to these policies or the websites. The Users are encouraged to carefully read the privacy policy of any website that they visit.

We gather up data such as personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for other marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. We may use third-party advertising companies to serve advertisement on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.

9. DISCLAIMER OF WARRANTIES

Your Use of this website and/or service are at your sole risk. The website and services are offered on an “as is” and “as available” basis. LetsMD expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the service or website content, or any reliance upon or use of the website content or services without limiting the generality of the foregoing, LetsMD makes no warranty that the information provided on this Website or App is accurate, reliable, complete or timely that the links to third-party websites are to information that is accurate, reliable, complete, or timely, no advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein as to the results that may be obtained from the use of the services or that defects in service will be corrected regarding any services through the website. some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

 

10. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and Conditions (along with the Privacy Policy) shall be governed by, subject to and construed in accordance with the laws of India. LetsMD and User shall submit themselves to the exclusive jurisdiction of the Courts in the State of Delhi.

Any dispute, difference and/or claims arising out of in connection with or in relation to this Agreement, shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as may be amended or replaced from time to time, by a sole arbitrator, to be appointed by us.

Any arbitration award granted by the arbitrator shall be final and binding on the parties. The venue and seat of the arbitration shall be at New Delhi. The language of the arbitration shall be English. Judgment upon the arbitration award may be rendered in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The Parties shall be entitled to seek interim relief from the courts of New Delhi, India.

The parties shall bear their respective arbitration cost. However, the cost of the arbitrator and the arbitration proceedings shall be shared by the parties in equal proportion. The arbitrator shall have the right to grant any reasonable legal and other cost to the party in whose favour the arbitration order has been passed.

11. INDEMNIFICATION

You agree to indemnify and keep us fully indemnified against all claims, demands, actions and proceedings which may be made against us and in respect of any and all damages, liabilities, losses, costs and expenses (including legal costs on a full indemnity basis) which may be incurred, sustained or suffered by us, directly or indirectly, due to the use or misuse, negligence, misconduct or breach of any of these Terms and Conditions on your part and/or any other act, thing or matter arising out of or in connection with this Agreement.

 

12. LIMITATIONS OF LIABILITY

You expressly understand and agree that LetsMD, including its directors, officers, employees, representatives or the service provider, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if LetsMD has been advised of the possibility of such damages), resulting from; (a) use or the inability to avail the Services (b) inability to use the Website or App (c) failure or delay in providing the Services or access to the Website or App (d) any performance or non-performance by us (e) any damages to or viruses that may infect your electronic devices or other property as the result of your access to the Website or App or your downloading of any content from the Website or App and (f) server failure or otherwise or in any way relating to the Services.

13. SEVERABILITY

In the event that any provision of this Agreement shall be deemed by any court having jurisdiction thereon to be illegal, invalid or unenforceable, it shall in no way affect or prejudice the legality, validity or enforceability of any other term or condition of this Agreement. If any provision of this Agreement shall be deemed by such court to be unenforceable because such provision is too broad in scope, such provision shall be construed to be limited in scope to the extent such shall deem necessary to make it enforceable, and if any provision shall be deemed inapplicable by any such court to any person or circumstances, it shall nevertheless be construed to apply to all other persons and circumstances

14. CONTACT INFO

Please report any violations or grievances with relation to these Terms to Us at care@LetsMD.com.