TERMS AND CONDITIONS – MEDIELAJ

Last Updated : August 2024

The legal document named as ‘Terms and Conditions’ by ‘Us’ (MediElaj or Medpredict Pvt Ltd.) is a record containing terms as per the Information Technology Act, 2000, and conditions under this, as applicable, and the revised provisions referring to the electronic document in different laws, as modified by the Information Technology Act, 2000 infrequently. This record is an auto-generated electronic document, physical and digital signatures are not mandatory.

This electronic record proclaimed the access or usage of the website or mobile application of our company (Medpredict Pvt Ltd or MediElaj or ‘medielaj.com’) in agreement with the provisions of Rule 3 (1) of the Information Technology Rules, 2001 to pertain to the Rules and regulations, privacy policies and terms and conditions of the company.

Our website (www.medielaj.com) accompanied by the mobile application named (MediElaj) is regulated and operated under the name of (‘Our’, ‘Us’, ‘We’) MediElaj, under the Companies Act, 2013. Our company facilitates services to all the individuals who are accessing our legal website and mobile application or our licensed retail store. By being in the and browsing our website or mobile application. You are expressing your agreement on terms and conditions and privacy policy of the company and for any reason you disagree with any point of Terms & Conditions (mentioned below) of the company you may refrain from the use of our platform (MediElaj).

To access our platform, you need to follow the basic eligibility criteria, mentioned as below:

1. You must be at least 18 years old to have access to our app, if below 18 years platform must be used under the supervision of a parent or guardian and if not, will be regarded as the end user of the services (as defined in the terms and conditions).
2. You must be legally efficient to contract, or in other respects legally competent to avail the services of our platform (MediElaj) (as defined in these Terms and Conditions). Individuals who are ‘incompetent to contract’ and are charged as ‘undischarged insolvent’, under the Indian Contract Act 1872, remain refrained from using our platform.
3. You have not been suspended or restricted or disqualified by us in the past for any other reason to use our platform.
4. We are allowed to terminate your memberships and any rights of access to our platform, if we discover that you are below 18 years.

Our platform offers you below listed services (‘’Services’’)

1. MediElaj is a tech driven self-diagnosis platform that helps its users in finding the possible cause of health issues by using a tech driven expert medical knowledge based system that identifies your symptoms and provides potential disease diagnosis (referred to as “Assessment Report” in a subsequent part of this document).
2. On our platform you can assess endless multiple symptoms and get diagnosis assessment reports, free of cost.
3. The MediElaj platform is solely for information purposes, we are not a medical consultant or we don’t provide a substitute for medical advice that you get from your medical practitioners and health service advisors.
4. At MediElaj platform we only provide information about the possible disease diagnosis based on the input symptoms but that does not confirm about the disease diagnosis and nor do we prescribe any medical treatments for the health issues you may have. You need to consult a medical professional for this.
5. Eventually, if you are diagnosed with any medical issue as per the symptoms that you entered into the MediElaj platform you are solely responsible for whether or not to consult a medical professional. We are not liable if you don’t consult with any medical professional.

1. If you are using our platform, you are indicating agreement to the Terms and conditions of our platform. If you are not agreeing on the terms and conditions of the platform then you are not bound to use our platform. You are instinctively agreeing upon the Terms and conditions, policies, guidelines applicable at that moment of access of the platform by accessing, browsing or using our platform.
2. The mentioned ‘Terms and Conditions’ is an electronic record as per the Information Act 2000, the rules and regulations made there beneath as may be applicable, and the revised provisions dealing with electronic records in various statutes as reformed by the Information Technology Act, 2000.
3. While using our platform and being a recipient of services or an end-user you are agreeing to the following conditions of use:
   1. Due diligence conditions:
      1. You are requested to provide information such as medical, health and personal information under your discretion and you are solely responsible for the use of your conscience and provide such information.
      2. You will deliver precise and accurate information on our platform to avail the specific services of our platform.
      3. You will be entirely responsible for keeping the confidentiality of your password and identification assigned to you, anyone using password and identification eventually assigned to you to use or access our platform whether or not is originally authorized by you will be your sole responsibility, inclusive of without limitations, all communications and transmissions.
      4. We have all the rights to terminate or restrict your accounts or refuse services at our discretion, if we discover our terms and conditions or applicable law is being violated by you.
      5. In case you want to rectify and/or change any shared details on our platform to purchase any goods and services, you can request for the same to our Grievance officer at support@medielaj.com. We would attempt to rectify and/or change the information as requested by you as soon as possible.
   2. Prohibitions:
      1. As per the terms and conditions you may explore and have access to content of the platform only to avail the Services. You may not translate, copy, dispense, sell, transmit, lease, display, make copy of, modify, decompile, deconstruct, decode, translate or exploit our platform in any way or any part of it without our consent in writing.
      2. You may not assign, transfer, or subcontract any of your rights or obligations under these Terms or any related order for Products to any third party, unless agreed upon in writing by us.
      3. You may not be allowed to make any commercial use of any information provided on our platform.
      4. You may not give a false account of your identity, age or affiliation or impersonate with any person or entity.
      5. You may not upload any prohibited content under comply law, or designated as ‘Prohibited Law’ under section 5 below; and;

1. You shall not publish through our platform, distribute or upload any Prohibited content such as material, information or content that.
2. You don't own and have no rights upon or belongs to some other person.
3. Is harmful, harassing, privacy invasive of another person, racist, disrespectful, pornographic, blasphemous, pedophilic, obscene, ethically wrong, obligated to law or enforcement, gender harassing or defamatory.
4. Is abominable, racist, unethical, downgrading of any person.
5. Seems to encourage gambling or money laundering.
6. Violate any trademark, copyright, patent or other proprietary rights, or harmful to minors in any way.
7. Breach or violate any law in India for the time being in force.
8. Threatening or offensive information in nature shall not be communicated.
9. Impersonates another person.
10. Menacing the sovereignty of India, law and order, unity, integrity, security or foreign relations of India.
11. Is published or written in any form with the intent to harass or mislead an entity, person or agency to cause any injury or for financial gain or is patently untrue and false.
12. Encourage any offence or prevents investigation of any unlawful act or insults any other person.
13. Miscommunicate any patently false information which may be perceived a fact or deceives or misleads the addressee about the origin of your message.
14. Is inappropriate and offensive to the consultants or technicians of MediElaj while conducting your medical consultations; and;
15. Is not associating to any of the Services you avail from us or is resting to the medical consultations.

We ‘MediElaj’ has all the rights to remove such information and/or immediately terminate your access to the Services to our platform if found guilty or fail to adhere the above.

1. By accessing our Platform and/or the Service, you agree, to be thoroughly lawfully, to indemnify and keep indemnified and hold MediElaj, its affiliates, and its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims, losses, costs, charges and expenses including reasonable attorney fees that the concerned indemnified persons may suffer on account of your breach of these Terms.
2. Your access or use of our platform and/or the Services.
3. False or inaccurate credit/debit card details given by you.
4. Using a debit/credit card not own by you.
5. You providing access or permission to use a third party your password, account or other means of our platform.
6. Your non-compliance with applicable law or regulations in the jurisdiction in which you are accessing our Platform and/or the Service.
7. You providing inaccurate, false, forged or unauthorized prescription.
8. In case any violation of the terms has occurred, an investigation of suspected violation as an action will be taken to find the reason or to make a decision.

By having access of our services, you confirm that understand and agree to the following:

1. To the extent permitted by applicable law, MediElaj will not be liable to you for any particular, incidental, consequential, disciplinary, reliance, or exemplary damages arising out of or relating to :
   1. These Terms and Conditions and Privacy Policy.
   2. Your use or inability to use our Platform; and
   3. Use of any third party services you contacted through our platform.
2. We do not guarantee our service or any products available through it will be free from errors or continuous. There may be some error, omissions, inaccuracies or interruptions in the products or Services available on our platform.
3. Even though we make sure to keep our platform bug free by preventing it from viruses or malicious code, we do not warrant that our platform, services or products are restrained from these catastrophic features. We are not liable to for any harm and damages accountable to such characteristics or appearing directly or indirectly from such features.
4. To the extent permitted by law, we shall not be liable to you or to any third party for any direct, incidental, indirect, special or consequential losses, damages whatsoever (including, but not limited to, lost profits, revenue, contracts, anticipated savings, goodwill or wasted expenditure, business interruption, loss of programs or other data on your information system or any other indirect or consequential loss), even if we have been advised, knew, or should have known of the possibility of such damages, emerging out of or related to:
   1. Your use or confidence in our platform, any information, hyperlink, content contained therein, our Services made available to you on through our platform.
   2. Your providing of information, personal or otherwise, to us
   3. The provision of Services by us
   4. Negligence or act on the part of us, its agents, employees; and
5. To the fullest extent permitted by law, we disclaim and prohibits all assurances and portrayal, indicate, implied or constitutional, with respect to our platform or our services, or with respect to the accuracy, currency or entirety of the information provided by us, including the implied warranties of merchantability or fitness for a particular purpose and non-infringement of a patent, trademark or other intellectual property right. Our platform, including, without limitation, all content, information and links contained therein, is provided “as-is” without any warranty that it will be uninterrupted or error free. You expressly agree that your use of our platform is at your sole risk.
6. We have retained rights to deny Services, terminate accounts, remove or edit content or cancel orders anytime at their sole choice.
7. No action or claims will be taken for occurring out of or related to the use of our platform or these Terms and Conditions, brought up by you after more than an (1) year of causing of action relating to such claim or action.

We keep your privacy in priority and make sure to respect and not disclose the information provided by you to access our platform or avail the services through our platform and keep it secure and protected. To know more about how we collect and use your personal information, please visit “https://medielaj.com/privacy-and-policy”.

You acknowledge and agree that all the copyright, registered trademarks and other intellectual property rights on all Services or contents or products provided as part of our Platform belong to us at all times or to those who grant us the license for their use. You are authorized to use or access the Services, products and/or content only if allowed by our licensors or us. No use of the Services, products or content available on our platform without the prior written authorization of us. All Product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g., all capital letters), (collectively, “Marks”) are trademarks owned by or licensed to us, unless otherwise noted. The Marks on our Platform are variously protected by the laws of India. Use of any of these Marks may not be made without the prior written consent of us, except for the sole purpose of identifying the Products or Services originating from us. You acknowledge and agree that the material and content shown at our Platform is made available for your personal non-commercial use only and that you may download such material and content only for the purpose of using our Platform. You further acknowledge that any other use of the material and content of our Platform is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. Our Platform may provide the opportunity for Registered Users to post reviews and other comments, questions, suggestions, or other information (“User Content”) on our Platform. You warrant that any such User Content submitted by you to our Platform is original (and does not infringe the copyright of others), and you hereby grant us a perpetual, irrevocable, non-exclusive, royalty free license to use such User Content so submitted, without any further recourse to you, and you hereby waive all rights in such User Content. We have the right but not the obligation to monitor and edit or remove any activity or User Content, and takes no responsibility and assumes no liability for any User Content posted by you or content posted by any third party.

By availing our services, you are assuring or confirming to understand and agree to the following:

1. While using our platform you will adhere to all applicable laws and regulations to avail the services provided by us, its affiliates, consultants and contracted companies for lawful purpose only.
2. You will provide the accurate, true and latest information in all cases, wherever asked on our platform. We have all the rights and reserves to validate your details and confirm it thereafter if found untrue (wholly or partly) at any point of time your registrations will be rejected, account will be terminated and restrained from availing services of us or other affiliated websites, by us at our sole discretion without prior notification or whatsoever.
3. You are using your full consent and best and wise judgment while accessing or transacting through our platform at your own risk.

Note: The report generated electronically based on your conversation with the medical AI bot. It should not be regarded as a medical diagnosis. Please consult your doctor before making any decisions.

Our platform contains links to other websites and resources provided by third parties, including the social media sharing plug-ins, for your knowledge and convenience. We have no control over the content or information provided on those websites and resources credit no responsibility for any loss or damage occurred to you due to usage of that website or resource. We do not promote or endorse any brand , product or services represented by the website described on those internet links, usage of such internet links or sites are done at your own risk and cost. After leaving our website you will be bound by the privacy policy or terms and conditions of the other website that you are using at that time.

The terms and conditions and Privacy Policies of our website are revised time-to-time. Please ensure to check the relevant terms and conditions privacy policy of the platform on every visit of yours on the site.

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract including any delay or failure to deliver Products when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, following:

1. Protests like strike, lockouts or others.
2. Civil disorder, invasion, revolt, war declaration, terrorist attacks, bomb blasts or threat.
3. Natural disasters such as Storm, flood, fire, explosion, earthquake, epidemic or collapse.
4. Unable to use public or private transportation or telecommunication systems; and
5. Decrees, acts, restrictions or regulations, legislations of any government or public authority including judicial resolution.

Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfill these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.

1. We restrain the rights to deny the access or use of the platform right away in case your conduct is deemed by us to be in violation of applicable laws, acts, rules or regulations of these Terms and Conditions; and
2. We have rights to suspend our obligations under any contract indefinitely, and/or provide services under these Terms and Conditions.

The use of our Platform and the contract between you and us shall be governed by the laws applicable in India, without regard to the conflict of law rules. Any dispute relating to the use of our Services will be only resolved exclusively in the Courts at Faridabad, Haryana, India but not in any other Court.

If you have any comments, queries, or grievances regarding the Services, Terms and Conditions, and Privacy Policy, you may contact (“Devendar Agarwal”), our Grievance Officer at “support@medielaj.com” or +91-9773793090. Please note that upon lodging of a complaint, a ticket number shall be given to you by which you may track the status of your complaint.