Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE MOBILE APPLICATION AND WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE MOBILE APPLICATION AND WEBSITE.

    1. Welcome to www.mednear.com (“Website”) this is owned and operated by MedNear Pharma India Private Limited, an internet based Mobile Application and web portal. Our company duly incorporated under the provisions of the Companies Act,2013. MedNear owns and operates their services provided through the websites (referred to as “MedNear” or “We” or “Our” or “Us” or “Company”). The User or Medical Practitioner or Health care Practitioner (HCP) are referred as “You” or “Your”.
    2. These Privacy Policy, Terms of Use, the additional Terms of Use for Practitioners are applicable to certain portions of Website and disclaimers that present on the website are referred to as “Agreement”.
    3. This Agreement is applicable to all the services available on MedNear Website. If your access or use of MedNear mobile application, then this Agreement will continue to apply for that also. In addition the terms imposed by mobile application stores are govern the use of mobile application. In that case, the term “Website” is referred to mobile application.
    4. The Services we offered free of charge to Users, including the following:

      For Users

      • You can create “Health Accounts” and maintain it.
      • You can also search for Practitioners by name, geographical location, specialty, experience or any other criteria.
      • You can also book online appointments with Practitioners are made available by MedNear.
      For Practitioners

      • Listing of all registered or non-registered Practitioners.
      • We list with their profiles along with Contact details, so that we made visible to Visitors and other Users of the website.
    5. Our Service or features of our website are only available in India. Moreover User from outside of India may browse through information in the website.
    6. Our Services may change at time to time, at the sole discretion of MedNear. This agreement will applicable to User who visit and use of the website as well as personal information provided by you on the website.
    7. This Term and Conditions under which you are allowed to use our Website. And this agreement describes how we treat your account when you become registered member with us. If you have any clarifications in this agreement, feel free to email us at support@mednear.com.
    8. Once the User access the Website or downloading the mobile application to use our services, you completely accepting all the conditions mentioned in this agreement, Privacy policy available on the Website and agree to acknowledge by them. By accessing any services, you imply your acceptance of this Agreement.
    9. MedNear reserve all rights to change or delete any Portion of the Agreement at any time and for any reason. If any modifications in agreement will be informed to you in writing. We advise you to read the Agreement at regular intervals. If you use the website after such modification you signify your acceptance and bound to the modified Agreement.
    10. User can acknowledge with an email that they will be bound to this agreement for use of services provided by MedNear. If You disagree with any portion of the Agreement, Kindly do not use the websites or any services, leave the website immediately.
    11. This Agreement is published in compliance and governed by provisions of Indian Law including but not limited to:

      • the Indian Contract Act, 1872,
      • the (Indian) Information Technology Act, 2000, and
      • 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”).
  1. Conditions
    1. The User must be at the age of 18 year or older to use our Services or register or visit website in any manner. You are accepting this agreement by registering or visiting or using the Website or mobile application and you warrant and represent to MedNear that You are 18 years old or older. And now you have the authority, right and capacity to access the Website and avail for services and agree to this agreement. As part of the registration process, MedNear may collect the following personal information from the Users:

      • Name;
      • User ID;
      • Shop Name
      • TIN
      • Drug License No
      • Email address
      • Address (including country and ZIP/ postal code);
      • Gender;
      • Age;
      • Phone number;
      • Password chosen by the User;
      • Valid financial account information; and
      • Other details as the User may volunteer.
    2. A registered id can only be utilized by the person whose details have been provided and MedNear does not permit multiple persons to share a single login/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Mobile App and Website for the purposes of purchasing drugs or other pharmaceutical products or services, on behalf of such persons.
    3. You agree and acknowledge that You would (a) create only one account; (b) provide accurate, truthful, current and complete information when creating Your account and in all their dealings through the Mobile App and Website; (c) maintain and promptly update Your account information; (d) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (e) promptly notify MedNear if You discover or otherwise suspect any security breaches relating to the Mobile App and Website; and (f) take responsibility for all activities that occur under Your account and accept all risk of unauthorized access.

Terms of use to users other than practitioners

  1. Read the Terms of use for Users other than Practitioners:
  2. MedNear collect all the information related to the devices which you access the website and usage data. We use your information only for improving service quality and also to create new services.
  3. MedNear will have access to registered User’s information such as personal email, phone number or any other personal details for the purpose of communication. So that we can help for booking appointments and getting feedback about Practitioners and their practice. The User is advised to read and understand the Privacy Policy. They should have the knowledge about the fact why the information is being collected , purpose of information, nature of collection and retention of the information. Finally avail of various rights to users in respect of such information.
  4. MedNear will not be responsible for the authenticity of the personal information or sensitive personal data provided by the user to MedNear or to any other person on behalf of MedNear.
  5. The User is the sole responsible for managing the confidentiality of the User’s account access login and password, if he/she registered in MedNear website. If any suspected or actual unauthorised use of User’s account or password, the User should immediately contact the MedNear.
  6. MedNear will not be liable for losses caused by any unauthorized use of your account. Also If the information provided by the User is untrue, not current , inaccurate or incomplete, MedNear at its sole discretion can suspect such information and has the right to discontinue the Services to the User. Such User information collected are used for the purposes of debugging customer related issues.
  7. MedNear allows User to see the lists of Practitioner, Profile previews of Practitioner based on the search information provided by the User (such as area of specialty and geographical location).Please Note that MedNear does not recommend any Practitioner mentioned on the website. And also MedNear do not give any warranties or represent to those Practitioner or healthcare service quality they provide.
  8. Practitioner’s Search Algorithm:
  9. MedNear Search Algorithm for the Practitioners based on the fully automated system. The search results shows the list of Practitioners, information and their profile with speciality on our Website. The Practitioner’s list displayed in the website has no fixed objective ranking or endorsement by MedNear. MedNear is not accountable for any change in the relevance search results, which may differ from time to time. Practitioner listing is based on automated computation of the different factors includes the inputs by the User’s comments and feedback. Such various factors may change at any time to improve the algorithm listing. MedNear is no way responsible for the relevancy and accuracy of listing order on the website.
  10. Content Listing And Disseminating Information:
  11. The relevant information regarding Practitioners profile and practice that listed on the website includes specialization, qualification, location, visiting hours and similar details. MedNear ensures that such informations are updated at regular time intervals.
  12. MedNear does not provide any warranty or guarantee for the completeness or accuracy of any information or content provided by Users on the Website. MedNear is not liable for any damages or viruses that may infect any User’s device on account of User’s access, use or browsing the website or while downloading any material. If the User is disagree with terms of the website they requested to discontinue using the website.
  13. If MedNear figure out any fraudulent, incomplete or inaccurate information provided by user even through feedback. In such cases MedNear reserves all rights to suspend you account and your access to the Website immediately. You are the sole responsible for any losses occurred by your misrepresentations or fraudulent feedback that suspiciously affects the MedNear or its User.

Book Appointment & Call Facility For Practitioner

    1. MedNear enables User to contact the practitioner and provide facility to book an appointment through the Website. MedNear assures the Users are confirm the book an appointment for a practitioner. Moreover, MedNear has no responsible if appointment is later cancelled by the Practitioner or the Practitioner is not available for appointment.
    2. The search results of any Users for Practitioners on the Website should not be interpreted as an endorsement of any particular Practitioner by MedNear. If the User is engaged with a Practitioner and decides to use his/her medical services, it will be doing at User his/her own risk.
    3. MedNear allows the User to leave a feedback about the Practitioner and their experiences with his/her medical services. However User ensure that provided feedback in accordance with applicable law.
    4. User should understands that MedNear do not constrained to take effort on Feedback content of Users or suggestions like delisting of a particular Practitioner from the Website.
    5. If a User engages the telephonic services, MedNear reserves all rights to store the information provided by the User with Practitioner. And also MedNear may store conversation of user and Practitioner under our Privacy Policy.
    6. MedNear is not involved in any healthcare or diagnosis or medical advice provided by the Practitioner. Hence User should agrees and understands that MedNear is not liable for:

      • Interactions between User with Practitioner and associated issues.
      • Ability of the practitioner or lack of it.
      • Fulfilling Practitioners obligations towards Users is depends on the ability of the Practitioner or lack of it.
      • If any medical negligence on part of the Practitioner, any wrong medication or low quality treatment given by the practitioner.
      • Any inconvenience caused to User due to a failure on any part of Practitioner under agreed services or inappropriate treatment or similar difficulties.
      • Any inappropriate behaviour by Practitioner or by Practitioner Staff.
      • Rescheduling of booked appointment, cancellation of appointment or no show by the practitioner or fees variation should have been addressed.
      • In case of “Patient-No-Show” (P.N.S). P.N.S is defines as when a user booked an appointment using website book appointment features, has not turned up for the appointment neither cancelling nor rescheduling or not informing the practitioner in advance. Practitioner will mark it as P.N.S and MedNear will send an email or sms will send to the User for confirmation of incident with reasons.
  1. Cancellation and Refund Policy
    1. If a User booked the paid appointment for a Practitioner through website, but not able to meet the User, in such case User can send an email to MedNear at support@mednear.com, in this case the consultation amount mentioned in the website will be refunded within next 5 to 6 business days in the original mode of payment done by user while booking the service. Moreover, If the User does not show up for the appointment without cancelling the appointment, in such case amount will not be refunded. If a User cancelled the booked appointment with the practitioner, cancellation charges have been levied. So they won't be complete refund even for beforehand cancellation
  2. Terms for Practitioners:
    1. The Practitioner should properly reply to User’s communication. If the Practitioner is disagree to adhere with applicable laws/guidelines/rules/regulations, MedNear have the right to replace such practitioner or remove such practitioner from the MedNear website.
    2. MedNear at its sole discretion may show the other practitioners available for consultation, in such cases Practitioner should understands and agree the same.
    3. The practitioners are allowed to cancel or discrete any consultation at any point of times. If the Practitioner feels that he/she is beyond his/her capacity or expertise to treat the User. In this case refund to the User triggers automatically and User can choose option for other Practitioners. In such case Practitioner should give clear instruction to User for next steps.
    4. If MedNear finds any Practitioner to be in violation of applicable laws/guidelines/rules/regulations, then MedNear may cancel the consultation with such Practitioner and other legal action may be taken.
    5. MedNear provide users with Payment gateway option for easier payment. MedNear is not liable incase Practitioner provided the wrong bank account details and not be responsible for loss of money. If you face any technical problem during the time of transaction or any problem in making payment, Please contact support@mednear.com.
    6. The information disclosed by the user during the consultation is subject to applicable privacy laws, it should be confidential and subject Practitioner and user privilege.
    7. The Practitioner understands that when a User books a time-slot with the Practitioner for online consultation, the Practitioner must comply with the time slot to the best of their availability. In case of delay, the doctor must notify User to their best possible ability. User agrees not to post any comments which are defamatory, obscene, objectionable or in nature and Practo reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time.
  3. Content Ownership And Copyright Conditions Of Access
    1. The information collected directly or indirectly from the User and the practitioners shall belong to MedNear. The contents provided on the Website may be a user generated content or belong to MedNear. Copying the content published on the Website for commercial purpose or for earning profit is subject to violation of copyright and MedNear reserves its rights under applicable law. MedNear allows the User to access and view the content published on the website is only for order, receive, deliver and communicate as per this Agreement. The contents of the websites including text, graphics, information, logos, button icons and any other tools are property of MedNear and protected under trademark, copyright and other laws. User do not modify any MedNear content for any commercial or public purpose or for personal use.
    2. User should not access the services for monitoring their availability, functionality or any benchmarking for competitive purposes.
  4. Termination
    • MedNear reserves all the right to suspend or terminate user account or restrict the access to the website by blocking your email or IP address with or without notice to you. Any suspected fraudulent, illegal or abusive activity may lead to suspending or terminating user account or access to the website. And company have right to delete your information completely including login and account. We may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or this site. MedNear is not Liable to any third party claims or damages due to termination of User account.
  5. Contact Our Grievance Officer
    • If User has any questions related to this agreement, services or related to foregoing you can email as at support@mednear.com. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer via the contact information available from the following hyperlink: www.mednear.com/contact-us
  6. Severability
    • If any provision of this Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions. 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.
  7. Waiver
    • No term of this Agreement can be deemed to be waived and strictly no breach excused. Unless consent shall be in writing or such waiver signed by the MedNear. Any consent by MedNear to, or a waiver by MedNear 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.
  8. You Have Read These Terms Of Use And Agree To All Of The Provisions Contained Above