User Terms and Conditions
Welcome to ProMediMate ("Company," "we," "us," or "our"). These User Terms and Conditions ("Terms") govern your access to and use of our website, mobile application, and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms and by all applicable laws in India. Please read these Terms carefully before using the Services.
Acceptance of Terms
By accessing, registering, or using the Services, you expressly acknowledge and agree to comply with these Terms and all applicable laws, rules, and regulations in India. If you do not agree, you must immediately discontinue use of the Services.
Eligibility
- You must be at least 18 years of age to access and use the Services.
- If you are under 18 years, you may use the Services only with the consent and supervision of a parent or legal guardian, who shall be deemed responsible for your actions.
- By accepting these Terms, you represent that you have the legal capacity and authority to enter into this binding agreement.
Payment Terms
- Fees for Services will be displayed to you prior to confirmation of booking or purchase.
- All payments shall be made in accordance with the payment instructions provided.
- Refunds are permitted in the following circumstances: failed bookings due to technical errors, cancellations made before 24 hours of scheduled service, late or delayed reports beyond the specified timeframe, or as mandated by applicable consumer protection laws.
- All fees include applicable taxes, unless otherwise indicated.
Role of ProMediMate
- ProMediMate is a digital facilitator platform that connects users with independent, licensed healthcare providers including doctors, laboratories, physiotherapists, nurses, and pharmacies ("Service Providers").
- ProMediMate does not directly provide healthcare services and shall not be held liable for the acts, omissions, or negligence of Service Providers.
- We undertake reasonable verification of Service Providers' licenses, certifications, and qualifications in compliance with applicable Indian healthcare regulations.
- Notwithstanding such verification, users are advised to independently satisfy themselves regarding the competence and suitability of Service Providers.
- Service Provider license and registration details are displayed on the platform as per E-commerce Rules and healthcare regulations.
User Obligations
By using our Services, you agree and undertake to:
- Provide true, accurate, current, and complete personal information.
- Use the Services only for lawful and bona fide purposes.
- Refrain from misrepresenting your identity or medical condition.
- Independently verify the credentials of Service Providers before availing services.
- Accept and assume the inherent risks associated with medical and healthcare engagements.
Service Provider Responsibilities
- Service Providers shall maintain valid licenses, registrations, and approvals under applicable healthcare laws.
- They shall provide services that are safe, lawful, and of professional quality.
- They shall indemnify and hold ProMediMate harmless from claims, damages, or losses arising from their negligence, malpractice, or unlawful conduct.
- Service Providers must comply with relevant Indian laws including Clinical Establishments Act, NABL norms (for labs), Telemedicine Practice Guidelines 2020 (for doctors), and Drugs & Cosmetics Act & Pharmacy Rules (for pharmacies).
Limitation of Liability
- ProMediMate's liability is limited to the amount paid for the specific service, except in cases of our own gross negligence or willful misconduct.
- The Company does not provide medical advice; all healthcare-related information is provided by Service Providers. Users must consult qualified professionals for diagnoses and treatments.
- The platform is provided on an "as is" and "as available" basis without warranties of any kind.
- Nothing in this Agreement affects your rights in case of our own gross negligence or willful misconduct.
Service Availability and Coverage
- The Services are available only in certain geographical areas and pincodes as displayed on the platform.
- Users are responsible for verifying whether their location is serviceable.
- ProMediMate disclaims liability for any issues or charges incurred due to non-availability in your area.
Delivery of Medical Reports
- Medical and diagnostic reports will be delivered electronically through the platform or via registered communication channels.
- Timelines for delivery shall range from 6 hours to 7 business days, depending on the nature of the service.
- Users must ensure that accurate contact details are provided to avoid failed or delayed delivery.
- No shipping charges apply for electronic delivery of reports.
- In case of delays, free re-test or refund will be provided as remedies.
Dispute Resolution
- Disputes between users and Service Providers must be resolved directly between the concerned parties.
- ProMediMate bears no liability for such disputes, though it may, at its discretion, provide reasonable assistance for information exchange.
- For B2B disputes (with doctors, labs, pharmacies), arbitration with seat at Hyderabad is available.
- Consumer disputes are generally non-arbitrable and subject to consumer forums.
Data Protection and Privacy
- Use of the Services is governed by our Privacy Policy, which is compliant with the Digital Personal Data Protection Act, 2023 and other applicable laws.
- By using the Services, you consent to the lawful collection, storage, processing, and transfer of your personal data.
- For sensitive personal data like health information, explicit consent is required.
- For under-18 users, verifiable parental consent is mandatory. No profiling, targeted advertising, or marketing using children's data is permitted.
- Your rights, including the right to access, correct, and withdraw consent, shall be respected in accordance with Indian law.
- We will notify the Data Protection Board of India within 72 hours of any data breach and inform affected users.
Intellectual Property
- All content, logos, trademarks, software, and intellectual property associated with the Services are the exclusive property of ProMediMate or its licensors.
- You shall not reproduce, modify, distribute, or use the same without prior written consent.
Compliance with Healthcare Laws
- All Service Providers must comply with relevant Indian laws, including but not limited to:
- The Clinical Establishments (Registration and Regulation) Act, 2010
- The Drugs and Cosmetics Act, 1940
- Telemedicine Practice Guidelines, 2020
- Applicable rules of the Medical Council of India (MCI) / National Medical Commission (NMC)
- ProMediMate also endeavors to operate in compliance with applicable regulations governing digital healthcare and data protection.
Indemnity
You agree to indemnify, defend, and hold harmless ProMediMate, its directors, employees, and affiliates from any claims, damages, losses, or costs arising from:
- Your violation of these Terms;
- Your violation of applicable laws; or
- Your misconduct in relation to the Services.
Changes to Terms
- ProMediMate reserves the right to amend these Terms from time to time.
- Significant changes shall be communicated to users via the platform or email.
- Continued use of Services after such changes shall constitute acceptance of the revised Terms.
Termination
- ProMediMate may suspend, restrict, or terminate your account without prior notice in the event of breach of these Terms, violation of law, or misuse of the Services.
- Upon termination, your right to access or use the Services shall immediately cease.
Grievance Officer
As per Consumer Protection (E-commerce) Rules, 2020, we have appointed a Grievance Officer who will acknowledge grievances within 48 hours and resolve them within 30 days. Contact details are provided in the Contact Information section below.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India. Subject to applicable consumer laws, disputes shall be subject to the jurisdiction of courts at Hyderabad, Telangana.
Contact Information
For queries, concerns, or complaints relating to the Services or these Terms, you may contact us at:
ProMediMate
Email: contact@promedimate.com
Address: Abhinandana Exotic, 304, B Block, Manikonda, Beside Bharat Petroleum, Hyderabad, Telangana – 500089
Important Note
These Terms are available in English and soon will be available in Hindi. Other Indian languages are available on request. For any clarifications or assistance, please contact our customer support team.