TERMS AND CONDITIONS OF USE OF BAATMANNKI.COM WEBSITE, BAATMANNKI.COM
ANDROID APP, BAATMANNKI.COM iOS APP AND ALL BAATMANNKI.COM SERVICES
(COLLECTIVELY REFERRED TO AS THE INTERNET BASED PLATFORM OR SERVICES)
PLEASE READ THESE TERMS OF USE CAREFULLY BY ACCESSING
OR USING THIS INTERNET BASED PLATFORM AND THE SERVICES PROVIDED THROUGH THIS
INTERNET BASED PLATFORM, 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 THIS INTERNET BASED PLATFORM OR AVAIL ANY SERVICES PROVIDED
THROUGH THIS INTERNET BASED PLATFORM.
GENERAL TERMS OF USE:
The domain name www.Baatmannki.com, an internet
based portal, the Baatmannki.com android app and iOS app, are owned and
operated by BannaG Private Limited, a company duly incorporated under the
provisions of the Companies Act, 1956 (hereinafter referred to as
“Baatmannki.com” or “We” or “Our” or “Us” or “Company”). The domain name and
the mobile application are collectively referred to as the “Website”.
Your access or use of the Website, transacting on
the Website and use of Services (as defined herein below) hosted or managed
remotely through the Website, are governed by the following terms and
conditions (hereinafter referred to as the 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 (hereinafter
referred to as “You” or “Your” or “Customer” or the “User”) on one part and
Baatmannki.com on the other Part.
By accessing, browsing or in any way transacting
on the Website, or availing any Services, You signify Your agreement to be
bound by these Terms of Use. Further, by impliedly or expressly accepting these
Terms of Use, you also accept and agree to be bound by Our policies, including
the Privacy Policy (as set out in Part B herein below), and such other rules,
guidelines, policies, terms and conditions as are relevant under the applicable
law(s) in India and other jurisdictions 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 these Terms of Use. However, if You
navigate away from the Website to a third-party website, You may be subject to
alternative terms and conditions of use and privacy policy, as may be specified
on such website. In such event, the terms and conditions of use and privacy
policy applicable to that website will govern Your use of that website.
The Website is a platform that facilitates (i)
online purchase of pharmaceutical products sold by various Third-Party Medicine
Vendor and manufactures (“Third- Party Medicine Vendor”); (ii) diagnostic
services being offered by various Third- Party diagnostic centres (“Third-Party
Labs”); (iii) online medical consultancy services/ second opinion / family
doctor being offered by Third-Party independent doctors (“Medical Experts”); (iv)
Nursing services provided by Third-Party independent nursing professionals at
your home (“Nursing Professionals”); (v) Medical facilitation services provided
by BannaG Private Limited (“Medical Facilitation”); (vi) Wellness Services such
as yoga, physiotherapy, diet consultation, Zumba etc. provided by Third-Party
independent professionals (“Wellness Professionals”); (vii) Electronic health
record services provided by BannaG Private Limited (“EHR Services”); (viii)
Health insurance buying advise through IRDA registered intermediaries
(Third-Party Broking Services) and (ix) online advertisements, including for
insurance services, of various sponsors advertising and marketing their own
good and services (“Third-Party Advertising Entities”). The Third-Party Medicine
Vendor, Third-Party Labs, Medical Experts, Nursing Professionals, Wellness
Professionals, Third-Party Broking Services and the Third-Party Advertising
Entities are collectively referred to as the “Third-Party Service Providers”.
Further the Website also serves as an information platform providing health and
wellness related information to the Users accessing the Website (The services
of Third-Party Services Provider, Medical Facilitation, EHR Services and the
information services are collectively referred to as the “Services”).
The arrangement between the Third-Party Service
Providers, You and Baatmannki.com shall be governed in accordance with these
Terms of Use. The Services would be made available to such natural persons who
have agreed to use the Website after obtaining due registration, in accordance
with the procedure as determined by Us, from time to time. The Services are
offered to You through various modes which shall include issue of CH Wallet,
discount coupons and vouchers that can be redeemed for the Services offered for
sale on the Website. To facilitate the relation between You and the Third-Party
Service Providers through the Website, Baatmannki.com shall send to You
promotional content including but not limited to emailers, notifications and
messages and may share your contact data with the Third-Party Service Providers.
You agree and acknowledge that the Website is a
platform that You and Third- Party Service Providers utilize to meet and
interact with another for their transactions. Baatmannki.com is not and cannot
be a party to or save as except as may be provided in these Terms of Use,
control in any manner, any transaction between You and the Third-Party Service
Providers.
Baatmannki.com 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. 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.
As a condition to Your use of the Website, You
must be 18 (eighteen) years of age or older to use or visit the Website in any
manner. By visiting the Website or accepting these Terms of Use, You represent
and warrant to Baatmannki.com that You are 18 (eighteen) years of age or older,
and that You have the right, authority and capacity to use the Website and
agree to and abide by these Terms of Use.
These Terms of Use is published in compliance of,
and is governed by the provisions of Indian laws, including but limited to:
the Indian Contract Act, 1872 (“Contract Act”);
the (Indian) Information Technology Act, 2000 (“IT
Act”) 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, and the
(Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG
Guidelines”);
the Drugs and Cosmetic Act, 1940 (“Drugs Act”),
read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
the Drugs and Magic Remedies (Objectionable
Advertisements) Act, 1954 (“Drugs and Magic Act”); The Indian Medical Council
Act, 1956 read with the Indian Medical Council Rules, 1957; Pharmacy Act, 1948
(“Pharmacy Act”) and the Consumer Protection Act, 1986. Baatmannki.com
authorizes You to view and access the content available on the Website solely
for the purposes of availing the Services, such as visiting, using, ordering,
receiving, delivering and communicating only as per these Terms of Use. The
contents on the Website including information, text, graphics, images, logos,
button icons, software code, design, and the collection, arrangement and assembly
of content, contains Third-Party Service Providers’ content (“Third-Party
Content”) as well as in-house content provided by Baatmannki.com including
without limitation, text, copy, audio, video, photographs, illustrations,
graphics and other visuals (“Baatmannki.com Content”) (collectively,
“Content”). The Content is the property of Baatmannki.com, or Third-Parties as
applicable and is protected under copyright, trademark and other applicable
law(s). You shall not modify the Content or reproduce, display, publicly
perform, distribute, or otherwise use the Content in any way for any public or
commercial purpose or for personal gain. Compliance with these Terms of Use
would entitle You to a personal, non- exclusive, non-transferable, limited
privilege to access and transact on the Website. These Terms of Use constitute
an electronic record in terms of the IT Act 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.
ELIGIBILITY FOR USE OF WEBSITE AND / OR SERVICES For the purposes of availing
the Services and/or transacting with the Third-Party Service Providers through
the Website, You are required to obtain registration, in accordance with the
procedure established by Baatmannki.com in this regard. As part of the
registration process, Baatmannki.com may collect the following personal
information from You: Name; User ID; Email address; Address (including country
and ZIP/ postal code); Gender; Age; Phone number; Password chosen by the User;
Valid financial account information; and Other details as You may volunteer.
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. By registering, accessing
or using the Website, You accept the terms of these Terms of Use and represent
and warrant to Baatmannki.com that you are ‘competent to contract’ under the
Contract Act and have the right, authority and capacity to use the Website and
agree to and abide by these Terms of Use. A registered id can only be utilized
by the person whose details have been provided and Baatmannki.com does not
permit multiple persons to share a single log in/ registration id. However, a
registered user, being either the parent or legal guardian of a person
‘incompetent to contract’ such as minors or persons with unsound mind or being
authorised by another natural person, would be permitted to access and use the
Website for the purposes of procuring the Services, on behalf of such persons.
Organizations, companies, and businesses may not become registered members on
the Website, unless authorised to do the same by Us or use the Website through
individual members. You agree and acknowledge that You would (i) create only 1
(one) account; (ii) provide accurate, truthful, current and complete information
when creating Your account and in all Your dealings through the Website; (iii)
maintain and promptly update Your account information; (iv) maintain the
security of Your account by not sharing Your password with others and
restricting access to Your account and Your computer; (v) promptly notify
Baatmannki.com if You discover or otherwise suspect any security breaches
relating to the Website; and (vi) take responsibility for all the activities
that occur under Your account and accept all risk of unauthorized access. The
Website uses temporary cookies to store certain data (that is not sensitive
personal data or information) that is used by Baatmannki.com for the technical
administration of the Website, research and development, and for User administration.
In the course of serving advertisements or optimizing services to You,
Baatmannki.com may allow authorized third parties to place or recognize a
unique cookie on the Your browser. Baatmannki.com does not store personally
identifiable information in the cookies. TERMS AND CONDITIONS FOR SALE AND
DELIVERY OF MEDICINES Platform to facilitate transaction of business: Through
the Website, Baatmannki.com facilitates the purchase of drugs and other
pharmaceutical products, medical equipment, and services offered for sale by
Third-Party Medicine Vendor or authorised sellers (“Pharmaceutical Goods and
Services”). You understand and agree that Baatmannki.com and the Website merely
provide hosting services to You and persons browsing / visiting the Website. All
items offered for sale on the Website, and the content made available by the
Third-Party Medicine Vendor, are Third-Party user generated content and
Third-Party products. Baatmannki.com has no control over such Third-Party user
generated content and/ Third-Party products and does not - originate or
initiate the transmission, or select the sender/recipient of the transmission,
or the information contained in such transmission. The authenticity and
genuineness of the Pharmaceutical Goods and Services made available by the
Third-Party Medicine Vendor through the Website shall be the sole
responsibility of the Third-Party Medicine Vendor. You understand and agree
that Baatmannki.com shall have no liability with respect to the authenticity of
the Pharmaceutical Goods and Services being facilitated through the Website.
You understand and agree that all commercial / contractual terms, with respect
to the sale/ purchase/ delivery and consumption of the Pharmaceutical Goods and
Services are offered by and agreed to between You and the Third-Party Medicine
Vendor and the contract for purchase of any of the Pharmaceutical Goods and
Services, offered for sale on the Website by the Third-Party Medicine Vendor
shall strictly be a bipartite contract between the Third-Party Medicine Vendor
and You. The commercial / contractual terms include without limitation - price,
shipping costs, payment methods, payment terms, date, period and mode of
delivery, warranties related to Pharmaceutical Goods and Services offered for
sale by the Third-Party Medicine Vendor, and after sales services related to
such Pharmaceutical Goods and Services. Baatmannki.com does not have any
control over, and does not determine or advise or in any way involve itself in
the offering or acceptance of, such commercial / contractual terms offered by
and agreed to, between You and the Third-Party Medicine Vendor. Representation
as to legal title Baatmannki.com does not make any representation or warranty
as to legal title of the Pharmaceutical Goods and Services offered for sale by
the Third-Party Medicine Vendor on the Website. At no time shall any right,
title, claim or interest in the products sold through or displayed on the
Website vest with Baatmannki.com nor shall Baatmannki.com have any obligations
or liabilities in respect of any transactions on the Website. You agree and
acknowledge that the ownership of the inventory of such Pharmaceutical Goods
and Services shall always vest with the Third-Party Medicine Vendor, who are
advertising or offering them for sale on the Website and are the ultimate
sellers. You agree and acknowledge that the Third-Party Medicine Vendor shall
be solely responsible for any claim/ liability/ damages that may arise in the
event it is discovered that such Third-Party Medicine Vendor do not have the
sole and exclusive legal ownership over the Pharmaceutical Goods and Services
that have been offered for sale on the Website by such Third-Party Medicine
Vendor, or did not have the absolute right, title and authority to deal in and offer
for sale such Pharmaceutical Goods and Services on the Website. Non-Performance
of Contract You accept and acknowledge the following: Baatmannki.com is not
responsible for any unsatisfactory, delayed, non- performance or breach of the
contract entered into between You and the Third- Party Medicine Vendor for
purchase and sale of goods or services offered by such Third-Party Medicine
Vendor on the Website; Baatmannki.com cannot and does not guarantee that the
concerned Third- Party Medicine Vendor will perform any transaction concluded
on the Website; The Third-Party Medicine Vendor(s) are solely responsible for
ensuring that the Pharmaceutical Goods and Services offered for sale on the
Website are kept in stock for successful fulfilment of orders received.
Consequently, Baatmannki.com is not responsible if the Third-Party Medicine
Vendor(s) does not satisfy the contract for sale of Pharmaceutical Goods and
Services which are out of stock, back ordered or otherwise unavailable, but
were shown as available on the Website at the time of placement of order by
You; and Baatmannki.com shall not and is not required to mediate or resolve any
dispute or disagreement between You and Third-Party Medicine Vendor. In
particular, Baatmannki.com does not implicitly or explicitly support or endorse
the sale or purchase of any items or services on the Website. Any liability of
Baatmannki.com for any failure of any Third-Party Service Provider shall be
restricted to the amount paid by you towards availing and your sole recourse
for any failure to provide any Service by any Third-Party Service Provider
shall be for a refund of any amounts already paid by you for such Service
Exhibition of drugs and publication of Third-Party Medicine Vendor content on
the Website You agree and acknowledge that the respective Third-Party Medicine
Vendor are exhibiting Third-Party Content which includes catalogue of drugs/
pharmaceutical products or services, and information in relation to such drugs/
pharmaceutical products or services, on the Website. The Third-Party Content
available on the Website, including without limitation, text, copy, audio,
video, photographs, illustrations, graphics and other visuals, is for general
information purposes only and does not constitute either an advertisement/
promotion of any drug being offered for sale by the Third-Party Medicine Vendor
on the Website or any professional medical advice, diagnosis, treatment or
recommendations of any kind. You acknowledge and agree that such Third-Party
Medicine Vendor shall be solely responsible for ensuring that such Third-Party
Content made available regarding the Pharmaceutical Goods and Services offered
for sale on the Website, are not misleading and describe the actual condition
of the Pharmaceutical Goods and Services. In this connection, it is solely the
responsibility of the concerned Third- Party Medicine Vendor(s) to ensure that
all such information is accurate in all respects and there is no exaggeration
or over emphasis on the specifics of such Pharmaceutical Goods and Services so
as to mislead the Users in any manner. You acknowledge and understand that
Baatmannki.com provides no warranty or representation with respect to the
authenticity/ veracity of the information provided on the Website and You must
run Your own independent check. You agree and acknowledge that Baatmannki.com
has not played any role in the ascertainment of the actual impact/ effect of
any Pharmaceutical Goods and Services being offered for sale by the Third-Party
Medicine Vendor on the Website. Further, it is hereby clarified that the
Third-Party Medicine Vendor are offering the Pharmaceutical Goods and Services
for sale to You and they are responsible for procuring the appropriate licenses
for the same under the Drugs Act read with the Drug rules and the Pharmacy Act.
You agree and acknowledge that You shall not hold Baatmannki.com responsible or
liable for any damages arising out of such reliance on Third-Party user
generated content by You. Prescription Drugs The Website is a platform that can
be used by the Users to purchase various drugs and pharmaceutical products that
requires a valid medical prescription issued by a medical expert/ doctor to be
provided to a registered pharmacist for the purpose of dispensing such medicine
(“Prescription Drugs”), offered for sale on the Website by Third-Party Medicine
Vendor. In order to purchase Prescription Drugs from Third-Party Medicine
Vendor through the Website, You are required to upload a scanned copy of a
valid prescription on the Website or email the same to Baatmannki.com. The
order would not be processed and forwarded to the concerned Third-Party
Medicine Vendor(s) by Baatmannki.com until it receives a copy of a valid
prescription. Third-Party Medicine Vendor will verify the prescription forwarded
by You and in case the Third-Party Medicine Vendor(s) observe any discrepancy
in the prescription uploaded by You, the Third-Party Medicine Vendor(s) will
cancel the order immediately. You are also required to make the original
prescription available at the time of receipt of delivery of Prescription
Drugs. If required by lawYou shall allow the delivery agent to stamp the
original prescription at the time of medicine delivery failing which medicines
will not be delivered. You authorise Baatmannki.com to maintain a record of all
the prescriptions uploaded by You and to also include it in the EHR Services.
Substitution of Prescribed Drugs You acknowledge and accept that the order for
a substitute of a Prescription Drug would only be processed if the medical
expert/ doctor has himself/ herself permitted for any other equivalent generic
drug to be dispensed in place of the Prescription Drug and this fact is
explicitly mentioned in the prescription or if the prescription solely lists
the salt names instead of a specific brand name. You further acknowledge and
accept that, in the absence of the above, the concerned Third-Party Medicine
Vendor would not dispense a substitute drug in place of the Prescription Drug.
Invitation to offer for sale Notwithstanding anything else contained in any
other part of these Terms of Use, the listing of drugs and other pharmaceutical
products on the Website by the Third-Party Medicine Vendor is merely an
‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of
an order by You shall constitute an offer by You to enter into an agreement
with the Third-Party Medicine Vendor (“Offer”). Post the Offer from the
Third-Party Medicine Vendor, Baatmannki.com shall send an email to You with the
information on the Offer along with the details of the concerned Third-Party
Medicine Vendor(s) who may undertake the sale, and such an email shall not be
considered as an acceptance of the Offer. The acceptance of the Offer would
only be undertaken by the Third-Party Medicine Vendor(s) after the validation/
verification of the prescription by such Third-Party Medicine Vendor (in case
of Prescription Drugs) and the ascertainment of the available stock in the
relevant Third-Party Medicine Vendor(s) (in the case of prescription as well as
other drugs/ pharmaceutical products), by way of a confirmatory email to be
sent to You. For the avoidance of any doubt, it is hereby clarified that any
reference of the term ‘offer/ offered for sale by the Third-Party Medicine
Vendor’, as appearing in these Terms of Use, shall be construed solely as an
‘invitation to offer for sale’ by any such Third-Party Medicine Vendor.
Transfer of Property and Completion of Sale Upon acceptance of the Offer by the
concerned Third-Party Medicine Vendor, the Pharmaceutical Drugs and Services
would be dispensed at the pharmacy, in accordance with the terms of the order
placed by You. Such dispensation shall also take place under the direct/
personal supervision of the pharmacist of the Third- Party Medicine Vendor, wherever
required under the applicable law(s). You agree and acknowledge that the
property and title in the Pharmaceutical Drugs and Services ordered by You
shall stand immediately transferred to You upon the dispensation of
Pharmaceutical Drugs and Services and the raising of the invoice at the
concerned Third-Party Medicine Vendor. Accordingly, the sale of Pharmaceutical
Drugs and Services is done by the concerned Third-Party Medicine Vendor itself.
The invoice in relation to the Pharmaceutical Drugs and Services, that are
required to be delivered to You shall be issued by the Third-Party Medicine
Vendor which is to process and satisfy the order for such Pharmaceutical Drugs
and Services. Delivery of Drugs The Pharmaceutical Drugs and Services shall be
delivered by the Third-Party Medicine Vendor or independent contractors. You
accept and acknowledges that the Third-Party Medicine Vendor or such other
transporter/ courier/ delivery personnel, engaged by the Third-Party Medicine
Vendor or Baatmannki.com, shall be independent contractors in-charge of the
delivery of the Pharmaceutical Drugs and Services from the concerned
Third-Party Medicine Vendor to the address notified by You, with no control
over the Pharmaceutical Drugs and Services and no additional obligation apart
from standard delivery obligations and duty of care. ADVERTISING GUIDELINES FOR
THE WEBSITE As part of the Services provided by Us; We facilitate and allow
Third-Party Advertising Entities to place advertisements on the Website.
Accordingly, there are guidelines (as listed herein below) which the
Third-Party Advertising Entities have to follow for placing such advertisements
(the “Advertising Policy”). General Rules: All the advertisements must comply
with the Advertising Policy, the terms of these Terms of Use and the Privacy
Policy. Baatmannki.com may, at any time and without having to serve any prior
notice to the Third-Party Advertising Entities, (i) upgrade, update, change,
modify, or improve the Website or a part thereof in a manner it may deem fit,
and (ii) change the content of the Advertising Policy and/ or these Terms of
Use and/ or the Privacy Policy. It is the responsibility of the Third-Party
Advertising Entities, in such cases, to review the terms of the Advertising
Policy and/ or these Terms of Use and/ or the Privacy Policy, from time to
time. Such change shall be made applicable when they are posted. Baatmannki.com
may also alter or remove any content from the Website without notice and
without liability. The Third-Party Advertising Entities are also responsible
for ensuring that their advertisements comply with all applicable law(s) in
India and any other jurisdiction that such Third-Party Advertiser(s) are based
out of, industry codes, rules and regulations in each geographic area where the
advertisements will run. All disclosures in the advertisements must be clear
and conspicuous. Review: All the advertisements are subject to the review and
approval of Baatmannki.com. Baatmannki.com reserves the right to reject or
remove any advertisement in its sole discretion for any reason. Further,
Baatmannki.com also reserves the right to reject an advertisement or to request
modifications to any advertisement, and to require factual substantiation for
any claim made in an advertisement. Editorial Policy for the Website As part of
the Services, Baatmannki.com provides Baatmannki.com Content on the Website
targeted at general public for informational purposes only and does not
constitute professional medical advice, diagnosis, treatment or recommendations
of any kind. Baatmannki.com Content is subject to the following: DIAGNOSTICS
SERVICES PROVIDED BY THIRD-PARTY DIAGNOSTIC LABS AND RADIOLOGY CENTRES As a
condition of Your use of and access to the diagnostic services provided through
the Website and Your acceptance of these Terms of Use, You are subject to the
following rules/ guidelines: Platform to facilitate transaction of business:
Baatmannki.com provides Services through the Website as a marketplace and
facilitates the Users to avail diagnostic test/ packages facilities offered by
Third- Party Diagnostic Labs and Radiology Clinics through the Website.
Baatmannki.com is not and shall not be responsible for any sample collected,
tests conducted and reports generated by the Third-Party Diagnostic Labs and
Radiology Clinics and does not deal with any of Third-Party Labs’ client or
patient managed by Third- Party Diagnostic Labs and Radiology Clinics through
the Website and only provides facilitation Services to the Users through the
Website. Use of the Website may require the Third-Party Diagnostic Labs and
Radiology Clinics to use software and the Third-Party Diagnostic Labs and
Radiology Clinics have to ensure the procurement of such software from the
concerned providers. User and the Third- Party Diagnostic Labs and Radiology
Clinics agree to use the Website and the materials provided therein only for
purposes that are permitted by: (a) these Terms of Use; and (b) any applicable
law(s), regulation or generally accepted practices or guidelines in the
relevant jurisdictions. The Third-Party Diagnostic Labs and Radiology Clinics
may not access the Services if the Third-Party Diagnostic Labs and Radiology
Clinics are Baatmannki.com’s direct competitor, except with Baatmannki.com’s
prior written consent. In addition, the Third-Party Diagnostic Labs and
Radiology Clinics may not access the Services for purposes of monitoring their
availability, performance or functionality, or for any other benchmarking or
competitive purposes. Baatmannki.com will use commercially reasonable efforts
to make the Services available 24 (twenty-four) hours a day, 7 (seven) days a
week, except for (i) planned downtime or (ii) any unavailability caused by
circumstances beyond Baatmannki.com’s reasonable control, including without
limitation Force Majeure Events (as defined herein below). Baatmannki.com will
provide the Services only in accordance with applicable law(s) and government
regulations. Notwithstanding anything to the contrary contained herein,
Third-Party Diagnostic Labs and Radiology Clinics alone shall be liable for
their dealings and interaction with the Users who avail the Services and
Baatmannki.com shall have no liability or responsibility in this regard.
Baatmannki.com does not guarantee or make any representation with respect to
the correctness, completeness or accuracy of the information or details
provided by such User, Third-Party Diagnostic Labs and Radiology Clinics or any
diagnostic centre or any Third-Party through the Website. The Services should
not be used for emergency appointment purposes. Notwithstanding anything to the
contrary contained herein, Third-Party Diagnostic Labs and Radiology Clinics
alone shall be liable for dealings and interaction with Users contacted or
managed through the Website and Baatmannki.com shall have no liability or
responsibility in this regard. Baatmannki.com does not guarantee or make any
representation with respect to the correctness, completeness or accuracy of the
tests conducted and reports generated by the Third-Party Labs. Baatmannki.com
may, at its sole discretion, suspend Third-Party Diagnostic Labs and Radiology
Clinics or Users ability to use or access the Website at any time.
Baatmannki.com shall have no liability or responsibility in this regard. TERMS
FOR USE OF THE ONLINE DOCTOR CONSULTANCY SERVICES Baatmannki.com is an online
health platform that provides a variety of online and online-linked health
products and services to the Users for health related information and
resources. Whenever We use the words "Your physician" or "Your
doctor" or "healthcare provider" or similar words on the
Website, including in these Terms of Use, We mean Your personal doctor with
whom You have an actual, mutually acknowledged, doctor-patient relationship.
Baatmannki.com’s Medical Experts are not "Your" physician or
healthcare provider. You acknowledge that the Medical Experts empaneled with Us
are independent contractors and thereby Baatmannki.com has an independent
contractor relationship with such Medical Experts and therefore in no event
Baatmannki.com will be directly or vicariously liable for any advice or medical
consultancy or any loss arising therefrom that the Medical Experts may provide
to You or You may avail as part of the Services. You acknowledge that although
some of the content, text, data, graphics, images, information, suggestions,
guidance, and other material (collectively, “Information”) that is provided to
You 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 doctor/medical
professional-patient relationship, but is provided to inform You on various
medical conditions, medical diagnosis and treatment and it does not constitute
a direct medical diagnosis, treatment or prescription. Everything on the
Website should be used for information purposes only. Baatmannki.com is
designed to support the health decisions and choices that You make. These
decisions and choices are Yours, and We believe that You, in connection with
the advice You receive from Your doctor or other professional healthcare
provider, are the best decision maker about Your health. We cannot make
decisions for you. However, what We can do is help You find good health
information and connect with doctors for in-person information. On
Baatmannki.com You can ask and find informational questions and related
educational answers by Medical Experts. We do not recommend or endorse any
specific Medical Expert(s), tests, products, procedures, opinions, or other
information that may be mentioned on the Website. Reliance on any information
provided on the Website is solely at Your own risk. In case of any medical
emergency, kindly contact Your nearest doctor/hospital or any related helpline.
The Services are not for use in medical emergencies or for critical health
situations requiring prompt medical attention. You take full responsibility for
ensuring that the information submitted is accurate and Baatmannki.com shall
not make any effort to validate any information provided by You for using the
Services with respect to content, correctness or usability. We, with an
intention to provide the best services possible could ask You to share more
information as and when needed. The opinions, statements, answers (collectively
“Consultation”) provided by the Medical Experts through the Website are solely
the individual and independent opinions and statements of such Medical Experts
and do not reflect the opinions of Baatmannki.com, its affiliates or any other
organizations or institutions to which such Medical Expert or such specialist
or professional is affiliated or provides services. Baatmannki.com does not
recommend or endorse any specific tests, physicians, products, procedures,
opinions, or other information that may be mentioned on the Website or by a
licensee of Baatmannki.com. The inclusion of professionals, specialists and/ or
Medical Experts on the Website or in any professional directory on the Website
does not imply recommendation or endorsement and is provided on an ‘as-is’
basis and Baatmannki.com disclaims all warranties, either express or implied,
including but not limited to the implied warranties of merchantability and
fitness for particular purpose. Baatmannki.com (the owners and the employee
staff of Baatmannki.com accept no responsibility for any medical, legal or
financial events or outcomes related to the Services availed through the use of
the Website. Baatmannki.com makes no warranty that the Services will meet Your
requirements, or that the Service(s) will be uninterrupted, timely, secure, or
error free. This includes loss of data or any service interruption caused by
Baatmannki.com employees. Baatmannki.com is not responsible for transmission
errors, corruption of data. Baatmannki.com is for personal use and the Services
are for individuals to use for supporting their personal health decisions. You
may use the Website for personal, but not for commercial, purposes. The Website
may not be used for illegal purposes. You may not access our networks,
computers, or the Information and Services in any manner that could damage,
disable, overburden, or impair them, or interfere with any other person's use
and enjoyment. You may not attempt to gain unauthorized access to any
Information or Services, other accounts, computer systems, or networks
connected with the Website, the Information, or Services. You may not use any
automated means to access the Website, the Information, or Services for any
purpose. You may not use another person’s login credentials to access his or
her Baatmannki.com profile/ account unless expressly permitted to do so by
Baatmannki.com. Any attempt by any individual or entity to solicit login
information of any other user or Medical Expert or to access any such account
is an express and direct violation of these Terms of Use and of applicable
law(s), including relevant privacy and security laws and laws prohibiting
unfair or unethical business practices. Your right to use the Services is not transferable.
Notwithstanding anything to the contrary contained herein, You alone shall be
liable for Your dealings and interaction with patients or Medical Experts (as
the case may be) contacted or managed through the Website and Baatmannki.com
shall have no liability or responsibility in this regard. Baatmannki.com does
not guarantee or make any representation with respect to the correctness,
completeness or accuracy of the Information or detail provided by such client,
patient, User, Medical Experts or any Third-Party through the Website. The
Services should not be used for emergency appointment purposes. Baatmannki.com
may, at its sole discretion, suspend User’s or Medical Expert’s ability to use
or access the Website at any time. Baatmannki.com can edit profiles of Medical
Experts to make them more suitable for patient/ Users searches on the Website
E-Consultation Services: User agrees that E-Consultation is not a substitute
for physical consultation and the Services are meant for general consultation only.
If after the E-consultation, the Physician recommends any diagnostic tests to
be undertaken or issues a Prescription, the same are provided based on the
information and preliminary examination by the Physician, hence the same shall
not be treated as accurate, final and conclusive. Physician reserves their
rights to modify the prescription or recommended diagnostic tests if the User
provides any additional information in future consultation. While rendering
E-Consultation, Physician will require to know the age, sex, previous and
existing health conditions, symptoms, past medical history, physical
examination (if directed by the Physician) etc. All the information with
respect to the User History, consultation records, medical record and
prescriptions issued by the Physician will be saved with Baatmannki.com and the
same may be used for rendering Services as may be required by the User for time
to time. Services offered by Baatmannki.com are intended for direct use of the
User or their family members, but the same cannot be used for rendering
Services to third parties. Baatmannki.com disclaims all liabilities arising
from use of the Services by the User and the maximum liability of
Baatmannki.com to the User shall be limited to the Service Fees paid by the
User to Baatmannki.com. Consent to Participate in Telemedicine Consultation: -
User consent to, agree to and understand the following with regards to usage of
Baatmannki.com website and/or mobile applications to participate in a
telemedicine / video consultation: Ø video conferencing technology will be used
to affect consultation and this consultation will not be the same as a direct
patient/healthcare provider visit due to the fact that user will not be in the
same room as healthcare provider. Ø there are potential risks to this
technology, including interruptions, unauthorized access and technical
difficulties. Ø healthcare provider or user can discontinue the telemedicine
consult/visit if it is felt that the videoconferencing connection is not
adequate for the situation. Ø User healthcare information may be shared with
other individuals for scheduling and billing purposes. Ø Others may be present
during the consultation other than healthcare provider in order to enable them
to provide effective services. All such personnel will maintain confidentiality
of the information obtained. Ø E-consultations shall be available for family
physician & multi specialties E- consultation from a specific
doctor/physician shall be available subject to his/her availability/willingness/discretion.
Confirmation of your appointment with a specific doctor/physician, as per
his/her availability, shall be sent to you via SMS and/or E-mail.
Baatmannki.com reserves the right to reschedule or cancel an appointment
without any prior notice. The time provided for consultation to you is
indicative and actual consultation time may change depending on the consulting
doctor's discretion. Your consulted physician reserves the right to provide
post consultation free review consultations can be booked, rescheduled or
cancelled only within the stipulate time limits. Ø Please note that
E-Consultation services are provided at the express consent by the User and the
same shall not be construed as a replacement for physical consultation. User is
warned not to use E-Consultation Services in times of emergency and any medical
Services that require further diagnostics and physical inspection.