VMEDO Terms & Conditions

Arera Healthcare and Technologies Private Limited (“us”, “we”,” company”, or “VMEDO”, which also includes its affiliates) is the author and publisher of the internet resource www.vmedo.com (“Website”) on the worldwide web as well as the software and applications provided by VMEDO, including but not limited to the mobile application ‘VMEDO’, and the software and applications of the brand names ‘VMEDO store’, ‘VMEDO academy’ (together with the Website, referred to as the “Services”).

This document (“Terms and conditions”) is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that requires publishing of the rules and regulations, privacy policy and Terms for access or usage of VMEDO products

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://vmedo.com/vmedo-privacy.html (“Privacy Policy”) before you decide to access the Website or avail of the services made available on the Website by VMEDO. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and VMEDO 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 -

i.   An Emergency medical service provider 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 (“Provider”, “you” or “User”); or

ii.   A patient, his/her representatives or affiliates, searching/booking Products and services on the Website (“End-User”, “you” or “User”);

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”).

General Terms

1.   By accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement. 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.

2.  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.

3.   You acknowledge that you will be bound by this Agreement for availing of 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 of any Services.

4.  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 VMEDO 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.

5.   Our Website is operated, and services are provided in compliance with the laws in India and Company shall not be liable to deliver any Products or provide any Services purchased by You in locations outside India. If you access our services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws. The User agrees to use the service to authorize an individual and get the products from the third party on his/her behalf. Where you use any third-party website or the products or services of any third party, You may be subject to alternative or additional terms and conditions of use and privacy policies.

6.  VMEDO 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 VMEDO or to any other person acting on behalf of VMEDO. Please read our privacy policy document carefully before engaging with VMEDO

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

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

9.  The Website may be linked to the website of third parties, affiliates and business partners. VMEDO has no control over and is not liable or responsible for the content, accuracy, validity, reliability, or quality of such websites or made available by/through our Website. The inclusion of any link on the Website does not imply that VMEDO endorses the linked site. Users may use the links and these services at User’s own risk.

10.   VMEDO 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, the User’s sole remedy is to discontinue using the Website.

11.   VMEDO cannot be held responsible or liable for lack of access to any of our services due to technical or human error at the user end or at VMEDO end.

12.   All communication with VMEDO including telephone calls, Emails, messages and/or any other medium will be recorded and stored for various business applications including training, legal requirements, product development and marketing.

User Interaction with VMEDO

VMEDO allows users to book various Emergency Medical Services, Healthcare services and products on Platform ( Website, App, Helpline) by partnering with valid service providers. The service provider includes doctors, nurses, paramedics, ambulance pilots, hospitals, Ambulances, medical equipment and other healthcare service providers

1.   VMEDO reserves the right to collect the required information about the patient or their guardian including name, phone number, location, age, medical condition and other sensitive healthcare information required to process the service requirement

2.   VMEDO could share the details with its registered service providers and partners during the care delivery to promote the better patient outcome

3.   We cannot guarantee the availability of the service provider and the for the quality of service delivered by the service provider

4.   VMEDO never recommends a service provider, it will always be the information about the service provider shared with the user during booking. Users will have to confirm the booking with the service provider at their own risk.

5.   We cannot be held responsible or liable for any loss or damage including disabilities and death due to lack of service or poor service outcome from the service provider including wrong treatment and delayed/No treatment

6.   We can deny or abort the service booked through VMEDO for various business needs and challenges.

7.   VMEDO can not be held responsible or liable for loss or damages including death and disabilities caused by the products listed on VMEDO. Users are requested to cover the risk with the help of insurance or under manufacturer warranty.

8.   The user should not engage in any commercial transaction with the service provider booked through VMEDO. And We are not responsible for any financial transaction between the service provider and the user.

Providers' Interaction with VMEDO

Providers are the individuals/businesses registered with VMEDO to serve our users

1.   Providers should ensure they are legally valid and capable to serve our users under all applicable laws. And ensure all their licenses and approvals are applicable during the service deliver

2.  All the data submitted during registration or during service delivery will be applicable under the VMEDO privacy policy clause

3.   Providers accept the condition that VMEDO is just facilitating the booking for them and the entire service delivery the under any circumstances will be the sole responsibility of the service provider

4.  Providers accept that VMEDO will not be liable for any loss or damages including death or disabilities to the patient or user during service delivery. And provider accepts to take the whole responsibility and liability for the losses and damages.

5.  Providers accept that VMEDO will not be liable for any financial transaction with the user and will not be liable for any losses and damages to the business of any nature.

VMEDO Subscription

1.   The user subscribing to the vmedo platform take responsibility of all the information of Family members, health data and other details.

2.   The subscription is applicable only to the members registered on the platform and who are active right now only. Subscription benefits are not applicable immediately after the validity

3.   The subscription only ensures Emergency assistance service to your family and VMEDO does not guarantee the service delivery or cannot guarantee the quality of service delivered from the registered service providers. And hence VMEDO will not be liable for the loss or damages including deaths and disabilities from the services booked from VMEDO

4.  The free ambulance is applicable only during Medical Emergencies ( from spot to Hospital Emergency bed) and will not be applicable for any other ambulance booking including regular hospital visits, hospital discharge, hospital to hospital transports.

5.   The ambulance cover reimbursement is applicable only for the Emergency ambulance(from spot to Hospital Emergency bed) cases where VMEDO was not able to arrange an ambulance and only after confirmation from VMEDO team, with the ambulance cover approval reference number. And will be processed upon submission of the ambulance bill and hospital summary report only. The reimbursement will be processed within 30 days from the date of reimbursement approval

6.   VMEDO cannot guarantee discounts on all transactions, Discount will be passed only if it is applicable for the booking and VMEDO cannot guarantee the discount amount or percentage.

Cancellation and refund policy

Users can cancel the services and products booked through VMEDO under the following conditions by writing an email to contact@vmedo.com

1.   VMEDO subscription can be cancelled within 5 days of buying the premium

2.   Ambulance booking can be cancelled before the vehicle reaches the pickup point. If the vehicle arrived to pick up point the user can cancel the booking by paying the booking charges not exceeding 20% of the booking amount. However, booking cannot be cancelled during the ongoing trip.

3.   Doctor consultation booking can be cancelled only before taking the consultation. No cancellation or refund is applicable once the consultation is taken. And the same is applicable even if the user missed the scheduled appointment

4.  Products booked from VMEDO can be cancelled within 5 days from the date of delivery, by bearing the logistics cost of the order as cancellation charges. This is not applicable for the product which is not applicable for return, or for the product where the packaging/ product is damaged by the user.

5.   Training programs ( online or offline) booked on the platform can not be cancelled under any condition

6.   Health checkups and other services booked on the platform can only be cancelled before taking the service and in each case cancellation charges may be applicable

For refund of the advances or payment made to VMEDO please write to contact@vmedo.com , And the refund will be verified and processed after all applicable deductions and charges within 30 days from the date of the email. And refund for the payments made to our service partner under any nature of service will not be liable on VMEDO and a refund is not applicable

Disclaimer of warranties and liabilities

You expressly understand and agree that, to the maximum extent permitted by applicable law the Website, services and other materials are provided by Company on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Company makes no warranty that

(i). the Website or the services will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free;

(ii). the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable;

(iii). the quality of the Website, services or other materials will meet your expectations; or that

(iv). any errors or defects in the Website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from Company or through or from use of the services shall create any warranty not expressly stated in the Terms.

To the maximum extent permitted by applicable law, Company will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.

Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account Information in connection with the Website or any services or materials, either with or without your knowledge. Company has endeavoured to ensure that all the information on the Website is correct, but Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Company shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Company's control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website, is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Company is not responsible for any typographical error leading to an invalid coupon. Company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

Company shall not be liable for any third-party product or services. The advertisement available on e-mail or Website with respect to the third-party website or the Products are for information purpose only. You expressly agree that Your use of the Website is at Your risk.

Indemnification and limitation of liabilities

You agree to indemnify, defend and hold harmless Company including but not limited to its affiliates, vendors, representatives, directors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Further, You agree to hold Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights. Notwithstanding anything to contrary, Company's entire liability to You under this Terms or otherwise shall be to the extent of refund of the money charged from You for any specific voucher or Product or service, under which the unlikely liability arises. In no event shall Company, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or materials. Company is not responsible for any non-performance or breach of any contract entered into between Users and third party service providers. Company cannot and does not guarantee that the concerned Users and/or third party service providers will perform any transactions that are entered into on the Website. Company shall not and is not required to mediate or resolve any dispute or disagreement between Users and third party service providers. Company does not, at any point of time during any transaction between Users and third party service providers on the Website come into or take possession of any of the Products or Services offered by third party service providers nor does it at any point gain title to or have any rights or claims over the Products or Services offered by third party service providers to Users.

At no time shall Company hold any right, title or interest over the products, nor shall Company have any obligations or liabilities in respect of such contract entered into between Users and third party service providers. Company is not responsible for any unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

Violation of terms

You agree that Company may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website, if Company determines that You have violated these Terms or Additional Terms. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and You consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity. You agree that Company may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to):

(1)   requests by law enforcement or other government agencies;

(2)   a request by You (self-initiated account deletions);

(3)  discontinuance or material modification of the Website or any service offered on or through the Website; or unexpected technical issues or problems. If Company does take any legal action against You as a result of Your violation of these Terms, Company will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Company.

Violation of terms

The Terms will continue to apply until terminated by either You or Company as set forth below. If You want to terminate Your agreement with Company, You may do so by

(i)   not accessing the Website; or

(ii)   closing Your accounts for all of the services that You use, where Company has made this option available to You.

Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:

•   You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);

•   Company is required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful);

•   The provision of the services to You, by Company is, in Company's opinion, no longer commercially viable;

•   Company has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or

•   Companies may also terminate or suspend all or a portion of Your account or access to the services with or without reason.

Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your Account may include:

(i).   removal of access to all offerings within the Website or with respect to the services;

(ii).   deletion of Your materials and Account Information, including Your personal information, login ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and

(iii).   barring of further use of the Services. You agree that all terminations shall be made in Company's sole discretion and that Company shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and the services offered thereunder.

Notwithstanding the foregoing, these Terms will survive indefinitely unless and until Company chooses to terminate them. If You or Company terminates Your use of the Website, Company may delete any content or any other materials relating to Your use of the Website and Company will have no liability to You or any third party for doing so.

Intellectual property rights

The Website, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

The trademarks, logos and service marks displayed on the Website ("Marks") are the property of the Company or their third party partners or respective third parties. You are not permitted to use the Marks without the prior consent of the Company and/or the relevant third parties that may own the Marks. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights in and to the trademark “VMEDO”, domain name “www.vmedo.com”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Company or third-party owner of such Content.

Governing law

These Terms and all transactions entered into on or through the Website and the relationship between You and Company shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto, the Website, the Terms or any transactions entered into on or through the Website or the relationship between You and Company shall be subject to the exclusive jurisdiction of the courts at Bangalore, India and You hereby accede to and accept the jurisdiction of such courts.

Privacy Policy

Company collects, processes and shares data with third parties, in accordance with its Privacy Policy, in order to provide, manage and complete delivery of products and services requested by You . The company views the protection of Your privacy and information as a very important principle. Please view Our Privacy Policy, available at https://vmedo.com/vmedo-privacy.html , to understand how the Company collects, processes, shares Your information and maintains data security practices in relation to Your information.