Terms & Conditions

Maa.. Virtual Care Private Limited, on behalf of itself and its affiliates/group companies under the brand "Maa.." (“Maa..”), is the author and publisher of the internet resource www.maakichaya.com and the mobile application ‘Maa..’ (together, “Website”).
 

1.NATURE AND APPLICABILITY OF TERMS
Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.maakichaya.com/company/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Maa.. . These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Maa.. in connection with your visit to the Website and your use of the Services (as defined below).

The Agreement applies to you whether you are -

A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
Otherwise a user of the Website (“you” or “User”).

This Agreement applies to those services made available by Maa.. on the Website, which are offered free of charge to the Users (“Services”), including the following:

For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Maa.., and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of Ma.., and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at connect@maakichaya.com.

By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

Your access to use of the Website and the Services will be solely at the discretion of Maa.. .

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 (Indian) 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 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
 

2.CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Maa.. that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

3.TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS
The terms in this Clause 3 are applicable only to Users other than Practitioners.
 

3.1 END-USER ACCOUNT AND DATA PRIVACY

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

3.1.2 Maa..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 Maa..'s services and to build new services.

3.1.3 The Website allows Maa.. 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 Practitioners and their practice.

3.1.4 The Privacy Policy sets out, inter-alia:
i. The type of information collected from Users, including sensitive personal data or information;
ii. The purpose, means and modes of usage of such information;
iii. How and to whom Maa.. will disclose such information; and,
iv. Other information mandated by the SPI Rules.

3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
i. the fact that certain information is being collected;
ii. the purpose for which the information is being collected;
iii. the intended recipients of the information;
iv. the nature of collection and retention of the information; and
v. the name and address of the agency that is collecting the information and the agency that will retain the information; and
vi. the various rights available to such Users in respect of such information.

3.1.6 Maa.. 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 Maa.. or to any other person acting on behalf of Maa...

3.1.7 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 Maa.. of any actual or suspected unauthorized use of the User’s account or password. Although Maa.. will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Maa.. or such other parties as the case may be, due to any unauthorized use of your account.

 

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

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

3.1.10 Against every Practitioner associated and listed with maakichaya.com, all voice calls and video calls are recorded and stored in Maa..'s & software provider's servers. Such call will have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by Maa.. for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such voice or video call facility provided to you by Maa.. should be used only for appointment and booking purposes, and also for consultation on health-related issues. Maa..accepts no liability if the call facility is not used in accordance with the foregoing. Maa.. may also choose to not use this facility and show the practitioner's direct number. In case you choose to not provide your consent to recording your calls that may have personal information required for appointment and booking purposes, Maa.. reserves the right to not provide the Services for which such personal information is sought.

3.2 RELEVANCE ALGORITHM
Maa..'s relevance algorithm for the users to appoint Practitioners is a fully automated system that selects the Practitioners, their profile and information regarding their Practice based on the current user profile. These selections of Practitioners do not represent any fixed objective ranking or endorsement by Maa.. . Maa.. will not be liable for any change in the relevance of the Practitioners selection for users, which may take place from time to time. The selection of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their current health and feedback online, offline and over the sales call or during the sales process. Such factors may change from time to time, in order to improve the listing algorithm. Maa.. in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.

3.3 LISTING CONTENT AND DISSEMINATING INFORMATION

3.3.1 Maa.. collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Maa.. takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Maa.. screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

3.3.2 The Services provided by Maa.. or any of its licensors or service providers are provided on an "as is" and “as available’ basis, 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). Maa.. does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Maa..  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, Maa.. disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Maa.. or any User in relation to any User or services provided by such User.

3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. Maa.. 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 Maa.. endorses the linked site. User may use the links and these services at User’s own risk.

3.3.4 Maa.. 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 the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

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

3.4 BOOK APPOINTMENT AND CALL FACILITY
Maa.. enables Users to connect with Practitioners, delivery person, account managers through two methods: a) Book facility that allows Users book an appointment through the Website or by calling our account managers; b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Website or during the sales process. 

3.4.1 Maa.. will ensure Users are provided confirmed appointment on the Book facility, delivery facility and maintaining health records. However, Maa.. has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment, delivery person unable to reach you due to location, unable to contact or any situation which Maa.. does not have control over.

3.4.2 If a User has utilized the telephonic services, Maa.. reserves the right to share the information provided by the User with the Practitioner, Maa.. and store such information and/or conversation of the User with the Practitioner, in accordance with our Privacy Policy.

3.4.3 The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Maa.. of any such particular Practitioner. If the User decides to engage with a Practitioner directly to seek medical services, the User shall be doing so at his/her own risk.

3.4.4 Without prejudice to the generality of the above, Maa.. is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Maa.. will not be liable for:
i. User interactions and associated issues User has with the Practitioner;
ii. the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
iii. any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);delivery of wrong medicine; alergies from food served; wrong vital reporting from the device shared.
iv. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
v. any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
vi. cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to Maa.. within 1 hour of consultation.

3.4.5 Users are allowed to provide feedback about their experiences with the Practitioner,delivery person, account managers however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Maa. shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website or Maa..'s panel.

3.4.6 In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the concerned Practitioner’s appointment:
User’s account will be temporarily disabled from booking further online appointments on maakichaya.com for next four (4) months, will be considered as all visits used under the subscription plan.

3.4.7 Cancellation and Refund Policy

i. In the event that, the Practitioner with whom User has booked a paid appointment via the Website or through account manager on a call, has not been able to meet the User, User will need to write to us at connect@maakichaya.com within five (5) days from the occurrence of such event; in which case, the consultation as mentioned under the subscription plan will be refunded to the User within the next five (5) to six (6) business days for further use within the subscription. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the consultation will not be refunded, and treated as under Clause 3.4.6. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete consultation refund even if you have cancelled beforehand.

ii. Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner. 

iii. Users will not be entitled to any extra meals promissed under subscription in the event of food is cold, not tasting good, however user can call the account manager and report the same and maa.. shall take care of the meals going forward.

iv. In the event of mismatch of the brands from prescription of medicines no replacements or refunds are provided as it solely depends on the availibility of medicines with the licensed partner. 

v. Incase of watch or health band not working or showing wrong vitals due to any reason, there is no warranty or replacement gaurantee on the same, User must treat the watch as a precautionary method of an alarm towards your health, incase of irregularities user shall contact the family doctor or if an emergency user shall go to emergency care available nearby for further treatment.

3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

3.5.1 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 Maa.. and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.

3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from Maa.., 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 or over the call. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

3.5.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.

3.6 CONSULT

The Users expressly understand, acknowledge and agree to the following set forth herein below:

i. Maa.. assigns its Practitioners through the system’s algorithm/software-program, which identifies the most relevant Practitioner. In some cases, the Users can choose the Practitioner of choice through the search options made available on the Website / platform / phone.

ii. In case any prescription is being provided to the User by the Practitioner, the same is being provided basis the online consultation, however it may vary when examined in person, hence, in no event shall the prescription provided by Practitioners be relied upon as a final and conclusive solution.

iii. The Users agree to use the advice from Practitioner on the Website subject to:

a. an ongoing treatment with their medical practitioner;
b. a condition which does not require emergency treatment, physical examination or medical attention;
c. medical history available as records with them for reference;
d. a record of physical examination and report thereof with them, generated through their local medical practitioner;
e. consultation with their medical practitioner before abandoning or modifying their ongoing treatment.

iv. The User agrees that by using Consult, the Practitioners will not be conducting physical examination of the Users, hence, they may not have or be able to gain important information that is usually obtained through a physical examination. User acknowledges and agrees that he/she is aware of this limitation and agrees to assume the complete risk of this limitation.

v. The User understands that Consult shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the advice provided by the Practitioner is based on general medical conditions and practices prevalent in India, and to the best of his knowledge and ability, and not for conditions which are territory specific i.e., for regions other than India, irrespective of location where the User is procuring medical services or engaging in communication with the Practitioner.

vi. During the consultation and thereafter, the Practitioner may upload the prescription/health records of the User on the account of the User on the Website for access by the User. However, it is expressly clarified that for Users who are not located within India and using Consult, the Practitioner may or may not issue a prescription, at his sole discretion.

vii. The User hereby agrees to Maa.'s medical team carrying out an audit of his/her consultations with the Practitioner for the purpose of improving treatment quality, user experience, and other related processes. The User acknowledges that the subject matter of audit may include texts, messages, photographs, reports, audio or video recordings or any other material exchanged between the User and the Practitioner which could inter alia include User's personal information, including sensitive personal information. This personal information will be processed in accordance with Privacy Policy.

viii. User shall refrain from raising any personal queries or seeking advice from Practitioner which are not related to a specific disease / medicine/medical condition.

ix. Users shall not use abusive language with the Practitioner. In the event of an abuse from the User is reported by a Practitioner, Maa.. reserves the right to terminate the Service and shall not provide such Services in future. Maa.. is not responsible for honouring any refund request towards his/her consultation paid to Maa.. .

x. Users may share images or videos of the affected areas of their body parts with the Practitioner only if it is absolutely necessary for diagnosing his/her condition and if he/she is personally comfortable in sharing such images or videos.

xi. Users shall ensure that any interaction/communication with the Practitioners, including sharing images or videos of the body parts, shall be only through the Website. The Users shall not rely on any other external modes of communication for interacting/communicating with the Practitioners.

xii. Users shall be prepared to share all relevant documents or reports to the Practitioner promptly upon request.
For every available consultation, the Users shall not obtain consultation for more than one User. In the event, the Users attempt to obtain consultation for more than one User through a single adult subscription consultation, such consultations will not be addressed by the relevant Practitioner.

xiii. Users shall not persuade Practitioners to prescribe drugs (including higher dose strength) that do not conform to the regulations under the Telemedicine Guidelines. The restricted drugs are as follows:
a. Medication for Medical Termination Pregnancy (MTP)
b. Drugs under the following pharmaceutical classifications such as; sedatives, hypnotics, opioids, schedule X drugs, or fourth generation antibiotics.

xiv. If restricted drugs are indicated for treatment or management of a disease or condition by a Practitioner, the User shall physically visit the Practitioner of their choice to confirm the requirements/necessity for prescribing such restricted drugs.
User understands and agrees to provide accurate information and will not use the Services for any acts that are considered to be illegal in nature.

xv. The User agrees and understands that the transaction with the Practitioner and Maa.. are subject to jurisdiction of Indian laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times. The User further agrees and understands that the Practitioner is a medical practitioner who is licensed to practice medicine in India and the onus is on the User to determine if he/she is eligible to consult with the Practitioners via the Website. It is expressly clarified that at no point in time can it be construed that the Practitioner is practicing medicine in a territory other than India, irrespective of where the User is located and procures medical services or engages in communication with the Practitioner, in any manner whatsoever.

xvi. The User shall indemnify and hold harmless Maa.. and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.

xvii. The User shall make payment using the payment gateway to make payments online, solely at User's discretion. Should there be any issues with regard to the payment not reaching the Maa..'s account, the User may contact Maa.. support team via website or phone number on the website.

xviii. Express Disclaimers:

a. Consult is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the User, to book an appointment for physical examination or/and in-person consultation whether the same is with the Practitioner listed on the Website or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, Maa.. shall not be held liable.

b. Consult is a mode available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with a medical practitioner.

xix. Termination
Maa.. reserves the right to suspend or terminate services provided through the Website and under this Agreement, with or without notice at any time, and to exercise any other remedy available under law.

xx. Limitation Of Liability
In no event, including but not limited to negligence, shall Maa.., or any of its directors, officers, employees, agents or service providers, affiliates and group companies (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, , even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
any unauthorized access to or alteration of your transmissions or data

xxi. Severability
If any provision of the Agreement is invalid as per applicable law, 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.

xxiii. Waiver
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 Maa.. . Any consent by Maa.. to, or a waiver by Maa.. 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.

xxiv. Applicable Law And Dispute Settlement 
The parties agree that this Agreement and any contractual obligation between Maa.. and User will be governed by the laws of India.
The courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, User’s use of the Website or the Services or the information to which it gives access.

3.7 RECORDS
Maa.. may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Maa..’. Information available in your Records is of two types:

User-created: Information uploaded by you or information generated during your interaction with Maa..ecosystem, eg: appointment, medicine order placed by you, meals delivery.
Practice-created: Health Records generated by your interaction with a Practitioner who uses subscription or other Services of Maa..'s software.
The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

3.7.1 Your Records is only created after you have signed up and explicitly accepted these Terms.

3.7.2 Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Maa.. does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.

3.7.3 The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Maa.. is not liable for any interruption that may be caused to your access of the Services.

3.7.4 The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by Maa.., you should refer to your prescription before taking any medicines. Maa.. is not liable if for any reason 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 reminders, you can switch it off through the Maa..'s app.

3.7.5 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Maa.. is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Maa.. .

3.7.6 Maa.. uses industry–level security and encryption to your Health Records. However, Maa..does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Maa.. of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to connect@maakichaya.com.

3.7.7 If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Maa.. assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Maa.. and its officers against any such claim or liability arising out of unauthorized use of such information.

3.7.8 In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.

3.7.9 You may lose your “User created” record, if the data is not synced with the server.

3.7.10 If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.

3.7.11 Maa.. is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.

3.7.12 The Health Records are shared with the phone numbers that are provided by your Practitioner. Maa.. is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.

3.7.13 Maa.. is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.

3.7.14 Maa.. has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.

3.7.15 Maa.. will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.

3.7.16 You agree and acknowledge that Maa.. may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.

3.7.17 You acknowledge that the Practitioners you are visiting may engage Maa..'s software or third party software for the purposes of the functioning of the Practitioner’s business and Maa..'s services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws.

3.7.18 To the extent that your Records have been shared with Maa.. or stored on any of the Maa.. products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Maa.. pertaining to such previously visited clinics and hospitals who have tie ups with Maa.. for the purposes of their business and for Maa..'s services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Maa.., to the mapping of such Records as may be available in Maa..'s database to your User account.

3.8 Maa.. Medicine Information

This feature is an information source on medicines and/or medicinal products and concentrates on providing information (critical or otherwise) required for understanding such information including but not limited to the: components or elements used in the manufacturing of such medicines and/or medicinal products,

a. the side effects that may be caused or arise owing to the use of the medicines and/or medicinal products,
b. the alternative medicines/medicinal products that may be used for certain type or category of medicines/medicinal products
c. symptoms and associated medicines/medicinal products generally administered in such cases.

3.8.1 For Users:

i. You understand that any information provided under this feature is not intended to serve as a substitute for clinical advice and should not be relied upon while making treatment related decisions. You are hereby notified that the medicines and/or medicinal products related information differs from country to country and varies from region to region and hence the information/content published herein is India specific and neither Maa.. nor the content owner is responsible for the applicability of the content outside India. Maa.. provides information here on an ‘as is’, basis and not with an intention to replace consultation with a qualified medical practitioner.

ii. Maa.. has used commercially reasonable efforts to source the information from reliable databases, however, you understand that the information contained in this feature is brought to you from open source platforms and third party sites/research reports. Maa.. shall not be responsible or in any manner be liable for the accuracy of the information or for any errors, omissions or inaccuracies contained herein irrespective of the reason for the cause of such occurrence, or for any consequences arising therefrom. The inclusion or exclusion of any medicines and/or medicinal products does not mean that Maa.. advocates or rejects the use of a particular medicine and/or medicinal product listed herein.

iii. You understand that the information on medicines and/or medicinal products contained herein does not constitute an offer or invitation or advise to use the same. The information on medicines and/or medicinal products provided hereunder should not be relied upon in connection with any decision to self-medicate. It is suggestible that you always consult a medical practitioner at all times prior to relying upon any information set out herein.

3.8.2 For Practitioners:

i. Practitioners agree and acknowledge that Maa.. does not make any representation or warranty and does not guarantee the accuracy and/or legitimacy of any information or content provided vide the feature mentioned herein.

ii. The feature herein acts as an information source only and not as a database of medical prescription, and thus, does not warrant or confirm the validity, accuracy, completeness, safety, usefulness, reliability, legality, quality and/ or the applicability thereof. The Practitioners understand that any information provided under this feature is therefore not intended to serve as a substitute for clinical judgement and agrees to use his/her discretion while relying upon the same for treatment related advice, decisions or otherwise.

iii. Maa.. does not represent or warrant that the information provided herein will meet with the requirements or expectations of the Practitioner and that any content, material or results that may be obtained from use of information provided under the said feature will be accurate, timely, complete, reliable, genuine and that any errors with regard to the same will be correct at all times.

3.8.3 Disclaimer:

i. The content/information provided herein, regarding medicine and/or medicinal products including but not limited to dietary supplements etc., have not been evaluated or approved by the Drug Controller of India or any other statutory body.

ii. THE INFORMATION PROVIDED UNDER THIS FEATURE IS BROUGHT TO THE VIEWERS ON AN, "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. MAA.. EXPRESSLY DISCLAIMS ALL WARRANTEES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED HEREIN. MAA.. ALSO EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY TO ANY PERSON WHOSOEVER IN RESPECT OF ANY LOSS, DAMAGE, DEATH, PERSONAL INJURY OR OTHER CONSEQUENCES WHATSOEVER, HOWSOEVER CAUSED OR ARISING HEREUNDER, BY THEIR USE OF OR RELIANCE UPON, IN ANY WAY, TO THE INFORMATION CONTAINED HEREIN.

3.8.4 Limitation of Liability.
In no event, shall Maa.. be liable to you for any lost or corrupted data, downtime, lost profits, business interruption, replacement service or other special, incidental, consequential, punitive or indirect damages, however caused and regardless of theory of liability, including without limitation negligence and in no event shall the total aggregate liability of Maa.., for all claims arising out of or under these terms and conditions, exceed INR 1000 (Indian Rupees One Thousand only).

3.8.5 Change or modification:
Any reference to any medicines and/or medicinal products thereof, is subject to change/modification depending upon the applicable laws/technical/medical updates. These, changes or improvements to such medicines and/or medicinal products may be made at any time without notice.

3.8.6 Hold harmless:

i. The use of the feature herein and the content is at the viewer’s sole risk and consequence. Maa.. shall not be responsible for the results of viewer’s decisions resulting from the use of this feature.

ii. The viewers/Users/Practitioners hereby release and agree to hold harmless Maa.., its affiliates/group companies, its directors, officers, employees, agents, successors, advisors, consultants, representatives, and assigns from any and all claims, losses, related suits, actions, proceedings, investigations, judgments, deficiencies, damages, settlements, liabilities, reasonable legal fees and expenses incurred, by the viewers/Users/Practitioners arising due to the negligence or misconduct of viewers/Users/Practitioners or due to the access of or decisions taken on the information provided herein.

3.8.7 Third Party Links:
To may provide links to third party websites or external websites/internal servers or resources including advertisements by others. Maa.. has no control over such sites and the information provided in them. Maa.. does not recommend and does not endorse the content on/ofany third party websites including that of advertisers. Maa.. is not responsible or liable for the content of these external sites nor does it endorse, warrant or guarantee the accuracy, genuineness, reliability offered or advertised on the products, services or information provided by such third party websites.

3.8.8 Payment: The prices mentioned with respect to the medicines/drugs are for indicative purposes.

3.8.9 Disclaimer
We’ve made all possible efforts to ensure that the information provided here is accurate, up-to-date and complete, however, it should not be treated as a substitute for professional medical advice, diagnosis or treatment. Maa.. only provides reference source for common information on medicines and does not guarantee its accuracy or exhaustiveness. The absence of a warning for any drug or combination thereof, should not be assumed to indicate that the drug or combination is safe, effective, or appropriate for any given patient. Maa.. does not assume any responsibility for any aspect of healthcare administered with the aid of information provided above. If you have any doubts about your medication then we strongly recommend that you consult with your doctor, nurse or healthcare provider. 

3.9 Maa..'s Diagnostics - Diagnostics Terms and Conditions

 

Maa..A Virtual Care Centre Pvt. Ltd. (“Maa..” or “we”) is the service provider of services mentioned below. Maa.. under the brand name ‘Maa..’ operates the said services through https://www.Maakichaya.com and the mobile application ‘Maa..’ (together, “Website”).

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.Maakichaya.com/privacypolicy (“Privacy Policy”) before you decide to access the Website or avail the services. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Maa.. in relation to the Services (as defined below).

 

Maa.. is inter alia engaged in providing healthcare services, in the form of pathology/diagnostics services. We cater to the needs of patients/Users/Sample Provider where they need to get various tests done. These could be for the purpose of conducting regular tests or the specific test that the hospitals/clinics/medical practitioners recommend. Our phlebotomists/logistics partners will come to your doorstep to procure the samples and reports shall be provided by us online.

 

Information that shall be collected from you may include but does not limit to:

• Your Name,

• Your date of birth,

• Your prescription (if applicable),

• Your test details,

• Your gender,

• Name of the doctor who prescribed the tests (if applicable),

• Your email id,

• Your address,

• Your phone number,

• Your financial information and such other details as may be required from time to time.

 

Other Terms:

You agree to provide the details sought above, for the purposes mentioned herein. We will have access not just to your details but to your reports and health records as well.

 

You understand and agree that your personal information, health records, shall reside with us and may be used for R&D purposes or shared with third parties, to bring better user experience, by sometimes prompting you to take tests regularly if there is a lifestyle disease / such other concern highlighted at the time of booking or otherwise.

 

You understand that Maa.. undertakes risk assessment, but this is provided to the best of our knowledge. They are based on reports based on tests undertaken at labs and scientific studies available in public domains (some of which are listed below). This is not meant to be professional advice and you should always consult a physician before making any medical decisions.

You understand that we may sometimes reach out to you or record all your calls with us and/or placed through us to laboratories and/or logistics partner, for investigative purposes.

 

The Sample Provider shall provide the valid prescription, if required and applicable, issued by a doctor which contains the tests that are to be conducted, for which the phlebotomist is required to collect the samples from the Sample Provider.

 

The Sample Providers may be required to provide a valid proof of identification to the phlebotomist.

 

The Sample Provider explicitly provides consent to the phlebotomists /Maa.. for collection of the requisite samples from the Sample Provider.

 

The services provided by Maa.. are for the purpose of enabling diagnostic discovery of patient’s condition for which the relevant test/ procedure is prescribed/ recommended, and for no other purpose.

 

Maa.. shall use the Website to enable booking of appointments for pathology services including but not limited to home collection of samples by phlebotomist, delivery of reports and such related services.

 

The process of home collection shall be conducted by the phlebotomists as per Maa.. standard operating procedures and policies. However, in the event any Sample Provider has a special request, the same may be communicated to Maa.. at the time of booking the appointment so that Maa.. and phlebotomists are enabled appropriately to handle the said request.

The invoice will be provided to the Sample Provider online by Maa.. either before or after the home collection service. Payment towards the said invoice may be made either by electronic mode or cash on delivery (i.e., at the time of collection of samples).

In the event the Sample Provider has any complaints regarding the home service collection, phlebotomists, pathology report, equipment and the like, the same can be reported to connect@maakichaya.com.

 

In case of any deficiency of service by Maa.., where such deficiency is attributable to Maa.., Maa.. shall perform the home collection and pathology service free of cost for the Sample Provider or Maa.. shall provide credits that can be utilized for other services from Maa.. for the amount payable for the service/ test availed, to the Sample Provider. The said determination shall be at Maa..’s sole and absolute discretion and our decision in this regard shall be final and binding on the Sample Provider.

 

In the event the deficiency of service is due to any reason attributable to the Sample Provider and/or his agent/ representative, in such case Maa.. shall not be liable to the Sample Provider in any manner whatsoever. The Sample Provider acknowledges that Maa.. may provide these healthcare diagnostic services, including testing and analysis of samples, either through its own laboratories or through outsourced service providers; Maa.. bears no responsibility for any indirect damage, loss or consequence suffered by the Sample Provider owing to the particulars/results of the report. The liability of Maa.. shall be limited to the value of the consideration paid by the patient/User for any such test availed through Maa...

 

All the information provided by Sample Providers shall be accurate and authentic. It is explicitly clarified that Maa.. does not validate any information provided by the Sample Provider. In the event of any non-compliance, non-adherence, breach of any Terms herein by the Sample Provider, Maa.. reserves the right to refuse providing services to the Sample Provider.

 

All the information provided by Sample Providers shall be dealt with in accordance with these 

Terms and the Privacy Policy.

 

All general Terms shall govern this T&C to the extent applicable. Decision of Maa.. is final and binding on the issues arising under this T&C.

 

We reserve the right to modify or terminate any portion of this T&C for any reason and at any time. You should read this T&C at regular intervals. Your availing of the pathology and home collection services and/or use of the Website following any such modification constitutes your agreement to follow and be bound by this T&C/Agreement so modified.

Diagnostic Test Booking with discount coupon codes

Discount coupon codes and the associated terms/ discounts may vary from scheme to scheme.

Refund Policy/Cancellation:

In case there is a no show from the Phlebotomist / laboratories and/or logistics partner, at your home, then we would indicate the same beforehand, should we fail to do so, you could contact us at: connect@Maakichaya.com

 

If there are instances where you have made payments online and the Phlebotomist / laboratories and/or logistics partner, are unable to book appointment/collect samples from you, we would refund your money completely within ten (10) working days.

If there is a no show from you either at your home for collection of samples or at the laboratories, then we would not reimburse the amount paid to us unless upon further investigation by Maa.. there is a genuine reason for such no show, in which case Maa.. may at its discretion decide to reimburse such amount.

Reach out to us:

Should you intend to request stopping of notifications, you can do so, by sending mail request to connect@Maakichaya.com.

Should you have any recommendations or such other requests, you could reach out to us at connect@Maakichaya.com.