INTRODUCTION OF MOXIE LABS PVT LTD/ABOUT US
Moxie Labs Pvt Ltd is a facilitator that provides a platform called "Moxie" which consists of software system built on Cloud technologies and Mobile technologies and user can access its features and associated data from Mobile application and internet both for providing and accessing information on healthcare, prevention, symptoms and cure of diseases and ailments and directory of healthcare service providers, merchant directory of vendors of medical equipment, pharmacy and other supplies. It gives a platform to book appointment with health care service providers registered on the platform. It allows service provider /vendor to publish on the Website its contact information, its location, key doctor's profile. They can also advertise their services, health packages, events, seminar information, and fee schedule and timings for clinic, doctors & consultations with its user id and password. We cannot guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We can only provide you value added services which connects Users directly to the Practitioner. It helps patients to find the best doctors and book appointments with them. Find doctors by their Specialty, Location or by Affiliated Clinics & Hospitals.
TERMS OF SERVICE AGREEMENT
PLEASE READ THE TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS PLATFORM OR AVAILING SERVICES FROM THIS PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. NATURE AND APPLICABILITY OF TERM
The Agreement applies to you whether you are
a. A Doctor, medical practitioner or health care provider or similar institution to be listed.
b. A patient, his / her representatives or affiliates.
This Terms of Service Agreement (the "Agreement") governs your use of this platform, (to be found at Google Play Store: https://play.google.com/store/apps/details?id=com.moxie.health , or the "Web App" at https://web.moxie.one/), offer of services to avail on this platform. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Moxie reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this platform. Moxie Labs Pvt Ltd will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this platform. Your use of the platform following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Moxie Labs Pvt Ltd suggests you to review this Agreement whenever you visit the platform to understand the terms and conditions governing use of the platform. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Moxie Labs Pvt Ltd for other Services or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the platform. Print option is available for the agreement.
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 platform in any manner. By registering, visiting and using the platform or accepting this Agreement, you represent and warrant to the Moxie Labs Pvt Ltd that you are 18 years of age or older, and that you have the right, authority and capacity to use the platform and the Services available through the platform, and agree to and abide by this Agreement.
Terms and conditions for tele-consultation
Telemedicine means The delivery of health care services, where distance is a critical factor, by all health care professionals using information and communication technologies for the exchange of valid information for diagnosis, treatment and prevention of disease and injuries, research and evaluation, and for the continuing education of health care providers, all in the interests of advancing the health of individuals and their communities.’ 1. ‘A Registered Medical Practitioner [RMP] is a person who is enrolled in the State Medical Register or the Indian Medical Register under the Indian Medical Council Act 1956.’ [IMC Act, 1956] 2. I know tele-consultation is dependent on high quality internet connection at both ends, else will lead to a sub optimal exchange of information 3. The Registered Medical Practitioners should exercise their professional judgment to decide whether a telemedicine consultation is appropriate in a given situation or an in-person consultation is needed in the interest of the patient. They should consider the mode/technologies available and their adequacy for a diagnosis before choosing to proceed with any health education or counseling or medication. They should be reasonably comfortable that telemedicine is in the patient’s interest after taking a holistic view of the given situation. 4. An RMP would use his/her professional discretion to gather the type and extent of patient information (history/examination findings/Investigation reports/past records etc.) required to be able to exercise proper clinical judgment. 5. If the RMP feels that the information received is inadequate, then he/she can request for additional information from the patient. This information may be shared in real time or shared later via email/text, as per the nature of such information. For example, an RMP may advise some laboratory or/and radiological tests to the patient. In such instances, the consult may be considered paused and can be resumed at the rescheduled time. An RMP may provide health education as appropriate at any time. 6. There are certain limitations on prescribing medicines on consult via telemedicine depending upon the type of consultation and mode of consultation 7. If the RMP has prescribed medicines, RMP shall issue a prescription as per the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations and shall not contravene the provisions of the Drugs and Cosmetics Act and Rules RMP shall provide photo, scan, and digital copy of a signed prescription or e-Prescription to the patient via email or any messaging platform Principles of medical ethics, including professional norms for protecting patient privacy and confidentiality as per IMC Act shall be binding and must be upheld and practiced. Registered Medical Practitioner would be required to fully abide by Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 and with the relevant provisions of the IT Act, Data protection and privacy laws or any applicable rules notified from time to time for protecting patient privacy and confidentiality and regarding the handling and transfer of such personal information regarding the patient. This shall be binding and must be upheld and practiced. Misconduct It is specifically noted that in addition to all general requirements under the MCI Act for professional conduct, ethics etc, while using telemedicine all actions that willfully compromise patient care or privacy and confidentiality, or violate any prevailing law are explicitly not permissible. Some examples of actions that are not permissible: • RMPs insisting on Telemedicine, when the patient is willing to travel to a facility and/or requests an in-person consultation • RMPs misusing patient images and data, especially private and sensitive in nature (e.g. RMP uploads an explicit picture of patient on social media etc) • RMPs who use telemedicine to prescribe medicines from the specific restricted list • RMPs are not permitted to solicit patients for telemedicine through any advertisements or inducements Penalties: As per IMC Act, ethics and other prevailing law MAINTAIN DIGITAL TRAIL/ DOCUMENTATION OF CONSULTATION, in case a prescription is shared with the patient, the RMP is required to maintain the prescription records as required for in-person consultations. Fee for Telemedicine Consultation Telemedicine consultations should be treated the same way as in-person consultations from a fee perspective: RMP may charge an appropriate fee for the Telemedicine consultation provided. RMP should also give a receipt/invoice for the fee charged for providing tele medicine based consultation.
3. LICENCE FOR PLATFORM ACCESS
Moxie Labs Pvt Ltd grants you a licence to use the platform, but not to download or modify it, or any portion of it, except with express written consent of Moxie Labs Pvt Ltd and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this platform or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of this platform or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This platform or content of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Moxie Labs Pvt Ltd and / or its affiliates, as applicable.
You cannot frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Moxie Labs Pvt Ltd and its affiliates without express written consent. You may not use any Meta tags or any other "hidden text" utilising Moxie Labs Pvt Ltd or its affiliates' names or trademarks without the express written consent of Moxie Labs Pvt Ltd and / or its affiliates, as applicable. Any unauthorized use terminates the permission or license granted by Moxie Labs Pvt Ltd and / or its affiliates, as applicable.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of www.moxie.one or www.moxielife.in as long as the link does not portray Moxie Labs Pvt Ltd, their affiliates, or their Services or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Moxie Labs Pvt Ltd logo or other proprietary graphic or trademark as part of the link without express written consent of Moxie Labs Pvt Ltd and / or its affiliates, as may be applicable.
Moxie Labs Pvt Ltd reserves the right to charge the usage fee or download fee of platform any time as it deems fit.
When you use the platform or communicate to us via emails or share us the data, information, you consent to receive communications via electronic records from us periodically whenever required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
5. TERMS AND CONDITIONS
The terms and conditions provided here govern the use of this platform, including its all online services, for e.g. to book and cancel appointments, e-prescription( prescription made by doctor using moxie), get medicine reminders, use of information, articles , news, blogs and text, graphics, images and information obtained from service providers and any other material contained on the platform. These terms and conditions are compliant with IT (intermediaries guidelines) Rules, 2011 passed under IT Act, 2000.
Moxie Labs Pvt Ltd is only a technical facilitator that provides a platform to access the information on healthcare, prevention, symptoms and cure of common diseases and ailments and directory of healthcare service providers, merchant directory of vendors of medical equipments and other supplies. It is a software to book appointment with health care service providers registered on the platform. It allows a registered service provider /vendor to publish on the platform its contact information its locations, key doctor's profile, main departments, advertise their services, health packages , upload photos, audios, videos, events, seminar information, and fee schedule and timings for doctor consultations with its user id and password allocated at time of registration. Moxie Labs Pvt Ltd cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.
Moxie Labs Pvt Ltd collects the information regarding the Practitioner's profiles, contact details, and practice. Moxie Labs Pvt Ltd reserves the right to make any amendments in any Practitioner's profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the platform in connection with you and your profile is found to be incorrect, you are required to inform Moxie Labs Pvt Ltd immediately.
Registered Service providers/Vendors would be solely responsible for any medical, legal or financial consequences or implications arising out of use of the platform, including any Online Services, or Materials. Moxie Labs Pvt Ltd accepts no responsibility of the same. It disclaims any warranties express or implied connected with use of the platform including its quality, availability or accuracy.
Moxie Labs Pvt Ltd reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the platform. However, Moxie Labs Pvt Ltd shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the platform.
Moxie Labs Pvt Ltd accepts no liability for any contravention of applicable law as a result of use of these Services. Moxie Labs Pvt Ltd shall not be responsible for any breach of service or service deficiency by any Practitioner.
ON PART OF PRACTITIONER, MOXIE LABS PVT LTD SHALL NOT BE RESPONSIBLE FOR:
1. Any information disclosed by the Practitioners in the platform regarding their personal profile or Clinic address or addresses displayed in the platform.
2. If the Practitioner invites other doctors to join his clinic.
3. The schedules and appointments defined including holidays.
4. Accepting walk in patients as well as pre booked appointments.
5. The content in the e-prescriptions stored in the system, its view & use by the patient and doctor both.
6. If the Doctor re-edit the e-prescriptions later.
7. The records maintained in the system.
8. The invitation/ request made by the doctors to his/her patients.
9. Providing on-demand e-consultancy or Broadcast messages on the platform to the clients.
10. For prescribing pre-defined alerts to patients and setting recipients as patients contact no.
11. For referring/sharing the case to his colleagues to discuss the treatment plan.
12. For displaying/managing multiple clinics with one or more doctors.
13. Any wrong medication or treatment given by practitioners or any medical negligence on part of practitioners.
14. Any type of inconvenience suffered by user due to a failure on the part of practitioners.
15. Any misconduct or inappropriate behavior by the practitioner or his/her staff.
16. Cancellation or rescheduling of booked appointment or any variance in the fees charged.
17. Any medical eventualities that might occur subsequent to using the services of a practitioner, whom the user has selected on the basis of the information available on the platform or with whom the user has booked an appointment through the platform.
18. The ranking of the Practitioners on external websites and search engines.
19. Any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Moxie Labs Pvt Ltd.
ON PART OF PATIENTS, MOXIE LABS PVT LTD SHALL NOT BE RESPONSIBLE FOR
1. The information disclosed in the platform regarding their personal information or information regarding their family members.
2. The bookings made by the patients for his/her own or for others.
3. E-consulting made by the patients for self and others.
4. The medical records maintained in the system in audio, video or documents mode and its use, view and print.
5. If Clients receive/edit/modify the alerts for medicines, tests, next appointments and symptoms tracking.
6. If client delete or add medicine names and consequence of that revised alerts are generated as changed.
7. Result of any test, as recorded in the platform.
8. Body vitals' records like BP, Sugar levels etc.
9. The result/information displayed upon search & view of Pharmacy, Doctor, Hospital, Blood Bank, Ambulance and Govt. Facilities like Hospital, Janaushadhi Kendra & PHC/CHC or News articles on Healthcare topics.
10. The outcome of search of doctors or appointments, appointment details, follow up, broadcast messages by doctors, e-consulting history etc.
In the event, unavailability of the doctor at the time appointment, the patient can (a) cancel the current appointment or (b) consult another doctor with clinic's/hospital's consent. Cancellation of the appointment by the patient must be done at least 3 hours prior to the time booked for appointment. In such an event, the entire amount will be refunded to the patient within 1 (one) week from the date of cancellation as per the mode of refund proposed by the patient. If the booking confirmation gets delayed due to technical reasons or as a result of incorrect e-mail ID provided by the user etc, an appointment would be considered as 'booked'. If the patient does not show up at the time of appointment, Moxie Labs Pvt Ltd will refund the entire amount after approval from Clinic/Hospital within 1 (one) week as per the payment methods provided by the patient. Moxie Labs Pvt Ltd shall not be liable for any refunds to the customer in the event the customer's booked slot/ time for an appointment has been delayed.
Any grievances and claims related to the appointment/ refund should be reported to Moxie Labs Pvt Ltd support team email@example.com within two (2) days of appointment date with the doctor.
Further, Moxie Labs Pvt Ltd shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another user. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Moxie Labs Pvt Ltd's sole discretion and may be modified or withdrawn at its sole discretion. Moxie Labs Pvt Ltd shall not be obliged to act in any manner to give effect to the content of Users' feedback, such as suggestions for delisting of a particular Practitioner from the Website.
We Only have cancellation mechanism right now in the system, no payments provision is built now.
7. NO GUARANTEE ON QUALIFICATIONS/INFORMATION; NOT FOR EMERGENCY USE
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 platform (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 Moxie Labs Pvt Ltd 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.
It is hereby expressly clarified that, the Information that you obtain or receive from Moxie Labs Pvt Ltd, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the platform is for informational purposes only. Moxie Labs Pvt Ltd makes no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the platform. In no event Moxie Labs Pvt Ltd shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
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.
8. TERMS FOR PRACTITIONERS:
- The Practitioner shall reply to the patient after receiving patient's communication. In case of non-compliance to the applicable laws/rules/regulations/guidelines by the Practitioner, Moxie Labs Pvt Ltd reserves the right to show other available Practitioners to the patient or remove Practitioners from the platform/Moxie Labs Pvt Ltd application/site.
- The Practitioner shall be aware that, Moxie Labs Pvt Ltd shall at its sole discretion, at any time be entitled to, show other Practitioners available for consultation.
- The Practitioner understands that, there is a responsibility on the Practitioner to treat the patients on this model, as the Practitioner would have otherwise treated the patient on a physical one-on-one consultation model.
- The Practitioner shall have the discretion to cancel any consultation at any point in time where the Practitioner feels, his/her expertise or his/her capacity is insufficient to treat the patient. In such cases, patient shall have the option of choosing other Practitioners.
- The Practitioner shall at all times follow all the applicable laws that govern the Practitioner.
- The Practitioner acknowledges that if Moxie Labs Pvt Ltd finds the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then Moxie Labs Pvt Ltd shall be entitled to cancel the consultation with such patient or take such other legal action as may be required.
- It is further understood by the Practitioner that the information that is disclosed by the patient at the time of consultation, shall be confidential in nature and subject to patient and Practitioner privilege.
- The Practitioner shall ensure patient's consent is obtained prior to uploading the e-prescription/health records of the patient on the account of the patient during such consultation.
- In case of violation of above mentioned terms by Practitioner or their associates, the Practitioner or their associates shall be solely liable and responsible and Moxie Labs Pvt Ltd shall not be responsible for the same in any way.
9. TERMS FOR PATIENTS:
- Moxie Labs Pvt Ltd Consultation is intended for general purposes only and is not 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 patient, to book an appointment for physical examination and in-person consultation whether the same is with the Practitioner listed hereunder or otherwise. In case of any negligence on the part of the patient in acting on the same and the condition of the patient deteriorates, Moxie Labs Pvt Ltd shall not be held liable.
- The user understands and agrees that Moxie Labs Pvt Ltd, is merely a consulting model, any interactions and associated issues with the Practitioner on Moxie Labs Pvt Ltd including but not limited to the User's health issues and/or the User's experiences is strictly between the User and the Practitioner. The User shall not hold Moxie Labs Pvt Ltd responsible for any such interactions and associated issues.
- The user understands that, Moxie Labs Pvt Ltd is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall not in any case be responsible for any outcome from the consultation between the User and the Practitioner.
- The user understands that, conversations with the Practitioner may be retained in our database, for legal and/or administrative requirements for future use.
- If you decide to engage with a Practitioner to procure medical services to you, you shall do so at your own risk. Moxie Labs Pvt Ltd shall not be responsible for any breach of service or service deficiency by any Practitioner.
10. PROFILE OWNERSHIP AND EDITING RIGHTS
Moxie Labs Pvt Ltd ensures easy access to the Practitioners and Patients by providing a tool to update your profile information. Moxie Labs Pvt Ltd reserves the right of ownership of all the Practitioner's & Patient's profile and photographs and to moderate the changes or updates requested by Practitioners and Patients. Moxie Labs Pvt Ltd is on sole discretion to publish or reject the requests submitted for the respective changes or updates. You shall be authorized under law to upload all content uploaded by you as part of your profile or otherwise while using Moxie Labs Pvt Ltd's services, and that no such content breaches any third party rights, including intellectual property rights.
On breach of the foregoing representation, Moxie Labs Pvt Ltd can modify or delete parts of your profile information at its sole discretion with or without notice to you.
11. USE OF THE PLATFORM
You agree, undertake and confirm that your use of platform shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen Services;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the platform. We reserve our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the platform, or any other systems or networks connected to the platform or to any server, computer, network, or to any of the services offered on or through the platform by hacking, password "mining" or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the platform or any network connected to the platform nor breach the security or authentication measures on the platform or any network connected to the platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to platform, or any other customer, including any account on the platform not owned by You, to its source, or exploit the platform or any service or information made available or offered by or through the platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the platform.
5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms or otherwise engage in any conduct or action that might tarnish the image or reputation of any users of Moxie Labs Pvt Ltd or sellers on platform or otherwise tarnish or dilute any trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the platform or systems or networks, or any systems or networks connected to platform.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the platform or any transaction being conducted on the platform, or with any other person's use of the platform.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the platform or any service offered on or through the platform. You may not pretend that you are, or that You represent, someone else, or impersonate any other individual or entity.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of Services or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
11. From time to time, you shall be responsible for providing information relating to the Services or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such Services or services so as to mislead other Users in any manner.
Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. PLEASE BE ADVISED THAT SUCH CONTENT POSTED DOES NOT NECESSARILY REFLECT MOXIE LABS PVT LTD'S VIEWS. IN NO EVENT SHALL MOXIE LABS PVT LTD ASSUME OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CONTENT POSTED OR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM USE OF CONTENT AND/OR APPEARANCE OF CONTENT ON THE PLATFORM.
13. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related Services or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
14. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform, you acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
15. Moxie Labs Pvt Ltd shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your owner through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Terms of Offer. This Platform offers certain Services (the "Services"). By accepting an offer for Services through this Platform, you agree to the terms set forth in this Agreement.
13. CUSTOMER SOLICITATION
Unless you notify of your desire to opt out from further direct Moxie Labs Pvt Ltd communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Moxie Labs Pvt Ltd and its designated in house or third party call team(s).
14. OPT OUT PROCEDURE
We provide 3 easy ways to opt out of from future solicitations.
1. You may use the opt out link found in any email solicitation that you may receive.
2. You may also choose to opt out, via sending your email address to: firstname.lastname@example.org.
15. PROPRIETARY RIGHTS.
Moxie Labs Pvt Ltd has proprietary rights in the Services. You may not copy, reproduce, resell or redistribute any services by Moxie Labs Pvt Ltd. Moxie Labs Pvt Ltd also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
16. DISCLAIMER OF WARRANTIES
Your use of this Platform and/or services are at your sole risk. The Platform and services are offered on an "as is" and "as available" basis. Moxie Labs Pvt Ltd expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the services or Platform content, or any reliance upon or use of the Platform content or services. ("services" include trial services.)
Without limiting the generality of the foregoing, Moxie Labs Pvt Ltd makes no warranty:
- That the information provided on this Platform is accurate, reliable, complete, or timely.
- That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
- No advice or information, whether oral or written, obtained by you from this Platform will create any warranty not expressly stated herein.
- As to the results that may be obtained from the use of the services or that defects in services will be corrected.
- Regarding any services purchased or obtained through the Platform.
- Some jurisdictions do not allow the exclusion of CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
17. LIMITATION OF LIABILITY
ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM CONTENT AND SERVICES AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, FOR SERVICES PURCHASED VIA THE PLATFORM.
MOXIE LABS PVT LTD WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM.
(1) THE USE OR THE INABILITY TO USE THE PLATFORM CONTENT OR SERVICES;
(2) THE COST OF PROCURING SUBSTITUTE SERVICES OR CONTENT;
(3) ANY SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE PLATFORM; OR
(4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This (software service provider) and any applicable Service Levels do not apply to any performance or availability issues:
1. Due to factors outside our reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers, including at your site or between your site and our data center);
2. That result from the use of services, hardware, or software not provided by us, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
3. Caused by your use of a Service after we advised you to modify your use of the Service, if you did not modify your use as advised;
4. During or with respect to preview, pre-release, beta or trial versions of a Service, feature or software (as determined by us) or to purchases made using Microsoft subscription credits;
5. That result from your unauthorized action or lack of action when required, or from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices;
6. That result from your failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance;
7. That result from faulty input, instructions, or arguments (for example, requests to access files that do not exist);
8. That result from your attempts to perform operations that exceed prescribed quotas or that resulted from our throttling of suspected abusive behavior;
9. Due to your use of Service features that are outside of associated Support Windows; or
10. For licenses reserved, but not paid for, at the time of the Incident.
You will release, indemnify, defend and hold harmless Moxie Labs Pvt Ltd and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Services or your use of the Services (including Trial Services); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Moxie Labs Pvt Ltd When Moxie Labs Pvt Ltd is threatened with suit or sued by a third party, Moxie Labs Pvt Ltd may seek written assurances from you concerning your promise to indemnify Moxie Labs Pvt Ltd; your failure to provide such assurances may be considered by Moxie Labs Pvt Ltd to be a material breach of this Agreement. Moxie Labs Pvt Ltd will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Services, with counsel of Moxie Labs Pvt Ltd choice at its expense. Moxie Labs Pvt Ltd will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Moxie Labs Pvt Ltd against any claim, but you must receive Moxie Labs Pvt Ltd prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the platform or Services.
We view protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
20. INTELLECTUAL PROPERTY RIGHTS
22. ONLINE APPOINTMENT BOOKING FACILITY
Online Appointment Booking is a facility offered by https://web.moxie.one to patients for booking appointments online with our partners. Patients can seamlessly book appointments 24x7 on https://www.moxie.one or by using the mobile App.
23. OBJECTIVES OF ONLINE APPOINTMENT BOOKING FACILITY
The two-fold objective of https://www.moxie.one is to ensure:
- Excellent experience for our patients by minimizing their waiting time.
- Excellent experience for our partners by maximizing their utilization of time.
24. MANDATORY TERMS OF SERVICE FOR PARTNERS
- Every doctor should honour all appointments booked via https://web.moxie.one
- It is mandatory that the patient meets the same doctor with whom the appointment has been confirmed.
- The doctor should communicate about any expected delay/cancellation at least 2 hours prior to the scheduled time of appointment.
- Non-compliance to the above will lead to poor patient experience and may attract penalties from Moxie Labs Pvt Ltd including, but not limited to, withdrawal of the "Book" privileged button and might have an adverse effect on the relevance score of the establishment. Moxie Labs Pvt Ltd reserves the right to withdraw the "Book" privilege button.
25. MANDATORY TERMS OF SERVICE FOR PATIENTS
"Instant - Book Appointment" button on https://www.moxie.one is a privilege given to the Patient, Moxie Labs Pvt Ltd reserves the right to withdraw this in case of repeated instances of "Patient No Show"
26. PRIVILEGES FOR PARTNERS
For complying with the terms of service on https://www.moxie.one the partners will be offered following privileges:
27. IMPROVE RELEVANCE SCORE ON https://www.moxie.one.
Moxie Labs Pvt Ltd provides the services on "as is" and "as available" basis. Moxie Labs Pvt Ltd does not represent, warrant or guarantee that your access to or use of https://www.moxie.one: (a) will be uninterrupted or error free; or (b)will result in any requests for appointments. Notwithstanding anything contained herein, Moxie Labs Pvt Ltd disclaims all liability for any act or omission of you, any Patient or other third party.
28. AGREEMENT TO BE BOUND
By using this platform or ordering Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure - Moxie Labs Pvt Ltd will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation - Moxie Labs Pvt Ltd may at any time, in its sole discretion and without advance notice to you, cease operation of the platform and distribution of the Services.
Entire Agreement - This Agreement comprises the entire agreement between you and Moxie Labs Pvt Ltd and supersedes any prior agreements pertaining to the subject matter contained herein.
Use of Data - Moxie Labs Pvt Ltd has a right to use the information related to users of the platform for research and development, scientific, sales, marketing analysis and study purposes. Moxie Labs Pvt Ltd has right to use the data for commercial purposes however at the time of using the data for said purpose, Moxie Labs Pvt Ltd shall not disclose the personal information of users of Platform.
Effect of Waiver - The failure of Moxie Labs Pvt Ltd to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction - This Agreement will be governed by the laws of the State of Delhi, India without regard to its conflict of law principles to the contrary. Neither you nor Moxie Labs Pvt Ltd will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Delhi, India. By using this platform or ordering Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by any other court arising out of this Agreement and any related documents.
Statute of Limitation - You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the platform or Services or this Agreement must be filed within one (1) month after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights - BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. - Moxie Labs Pvt Ltd reserves the right to terminate your access to the platform if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the platform and Moxie Labs Pvt Ltd may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Services
Domestic Use - Moxie Labs Pvt Ltd makes no representation that the platform or Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment - You may not assign your rights and obligations under this Agreement to anyone. Moxie Labs Pvt Ltd may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this platform.
In accordance with Information Technology Act 2000 and rules made there under, you can write your grievances to email@example.com.
Address: Nyay Khand 1, Indirapuram- Ghaziabad,