Welcome to MyVacc.in.This Website/App is owned and operated by MyVacc, whose registered office is in Bangalore, India.
The following are the Terms and Conditions, that govern your purchase and use of the products and services (the "Products") from MyVacc.in, and constitute a legally binding agreement, between you ("the Customer", the "User" or "the Caregiver") and MyVacc.
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The domain name https://www.MyVacc.in/ (hereinafter referred to as ‘Website’) and the Mobile Application (hereinafter referred to as ‘App’) bearing the registered address at No. 95, First A cross, Fifth main, Domlur second stage, Bangalore-71, Karnataka.
For the purpose of these Terms of Service, wherever the context so requires the term ‘You’/ ‘User’ shall mean any natural or legal person who has downloaded and installed this Mobile Application (hereinafter referred to as ‘App’) and provided Registration Data while registering on the App or by simply visiting the Website by entering the domain name in any internet browser. Any services provided by the Website/App which do not require registration do not absolve you of the contractual relationship established by this Agreement.
Wherever the context requires, the term ‘Doctor/registered medical practitioners’ shall mean any person permitted to practice medicine by the MCI (Medical Council of India) or any regional council for registration of Doctor/registered medical practitioners duly authorized by the government who will be verified and authenticated by us.
By downloading and installing this App, you are bound by these Terms of Service and any other binding document as decided by the Company. You are requested to read them carefully before accepting the same and moving forward to using the App/Website.
By visiting, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to www.netmeds.com, you are deemed to have agreed to all the following Terms and Conditions of Sale/Service. So, before you use this Website/App, please read these Terms carefully as you agree to be bound by them. If you do not accept these Terms and Conditions, please do not use this App/Website.
1.CREATING AN ACCOUNT:
1.2 You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the accuracy of such information.
1.3 Your MyVacc Account username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your MyVacc Account.
1.4 MyVacc.in will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorised use of your MyVacc account, you shall immediately notify MyVacc.in.
1.5 It is your responsibility to keep your email address up-to-date on your account setup at MYVacc.in/app so that we can communicate with you electronically.
1.6 By creating this account you agree to receive transactional and/or promotional communications from us via email, telephone, SMS and chat. If you, at any time, wish to discontinue receiving communications from us, you agree to notify us by email.
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Membership on the Website is free. MyVacc does not charge any fee for browsing the Website. In particular, MyVacc may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website.
Blogs: This is to inform and clarify that individuals (including but not limited to employees of MyVacc and referred to as “Individuals” hereafter) may contribute articles and opinions on this Website entirely at the sole discretion of MyVacc, in the form of “blogs”, as such term is generally understood. You hereby acknowledge and agree that these blogs constitute the opinion of the Individuals in their personal capacity, and may not represent official positions of MyVacc in any manner. MyVacc retains all ownership and rights in these blogs.
You may be permitted to post comments and feedback to these blogs. By doing so, You expressly agree and acknowledge to abide by the following:
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 do not have any right;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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 libelous;
(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];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(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;
(o) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(p) interferes with another User’s use and enjoyment of the Website or any other User’s enjoyment of similar services;
(r) harm minors in any way;
(s) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy;
(t) violates any law for the time being in force;
(u) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(v) impersonate another person;
(w) 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;
(x) 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.
(y) shall not be false, inaccurate or misleading;
(z) 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 Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. 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 Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, 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 Website.
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 or otherwise engage in any conduct or action that might tarnish the image or reputation, of MyVacc or its associate companies or otherwise tarnish or dilute any Myntra’s 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 Website or MyVacc’s systems or networks, or any systems or networks connected to MyVacc.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
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 Website or any service offered on or through the Website. 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.
13. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website 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 Website, 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 Website 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 Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
14. MyVacc 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 own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
You may use Materials made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Third party content: The Website makes information of third parties available, including articles, analyst reports, news reports, tools to facilitate calculation, company information and data about financial markets, including any regulatory authority and other financial markets and other data from external sources (the “Third Party Content”). You acknowledge and agree that the Third Party Content is not created or endorsed by MyVacc. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any securities or shares or to make any other type of investment or investment decision. In addition, the Third Party Content is not intended to provide tax, legal or investment advice. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable, but that no guarantees are made by MyVacc or the providers of the Third Party Content as to its accuracy, completeness, timeliness. You agree not to hold MyVacc, any business offering products or services through the Website or any provider of Third Party Content liable for any investment decision or other transaction You may make based on Your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason.
By using any Third Party Content, You may leave this Website and be directed to an external website, or to a website maintained by an entity other than MyVacc. If You decide to visit any such site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or any other destructive elements. MyVacc makes no warranty or representation regarding, and does not endorse, any linked Websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that MyVacc or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of MyVacc or any of its affiliates or subsidiaries. You hereby expressly acknowledge and agree that the linked sites are not under the control of MyVacc and MyVacc is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. MyVacc is not responsible for webcasting or any other form of transmission received from any linked site. MyVacc is providing these links to You only as a convenience, and the inclusion of any link shall not be construed to imply endorsement by MyVacc in any manner of the website.
MyVacc does not claim ownership of the materials You provide to MyVacc (including feedback and suggestions) or post, upload, input or submit to any section of the Website, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) Your Submission You are granting MyVacc, its affiliated companies and necessary sub-licensees permission to use Your Submission in connection with the operation of their business, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; to publish Your name in connection with Your Submission; and the right to sublicense such rights to any other party.
You hereby acknowledge and agree that no compensation shall be paid or no future commercial consideration has accrued with respect to the use of Your Submission by MyVacc, as provided herein. MyVacc shall be under no obligation to post or use any Submission You may provide and MyVacc shall remove any Submission at any time at its own sole discretion.
MyVacc prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
This policy extends to your Submissions, Postings and all other areas of the website that another User may view. We allow Users to ‘blur’ out the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy for review.
If a feedback comment; or any communication made between Users on the Website; or email communication between Users contain profanity, please review Our feedback removal policy and submit a request for action/removal.
This Website, all the Materials and information/content (including but not limited to software) and services, included on or otherwise made available to You through this website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, MyVacc does not warrant that:
• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or non-misleading.
MyVacc will not be liable to You in any way or in relation to the Materials of, or use of, or otherwise in connection with, the Website. MyVacc does not warrant that this site; information, content, Materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
In no event shall MyVacc or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of this Website or any linked Website, even if MyVacc is expressly advised of the possibility of such damages.
The Website may contain inaccuracies and typographical and clerical errors. MyVacc expressly disclaims any obligation(s) to update this Website or any of the materials on this website. MyVacc does not warrant the accuracy or completeness of the Materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. MyVacc reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. MyVacc may make any other changes to the Website, the materials and the products, programs, services or prices (if any) described in the Website at any time without notice. This Website is for informational purposes only and should not be construed as technical advice of any manner.
You are advised not to use the MyVacc online consultation services in case of any medical emergencies like accidents, bleeding injuries, burns, sexual abuse/assault, medicolegal cases or if You are in a critical condition.
If You are a Registered User but do not satisfy the above pre-conditions, please do not avail the online consultation services. MyVacc will not be responsible or liable for any harm or loss that You may suffer if You elect to access those Services.
Online consultation services are provided at the express consent by the User and the same shall not be construed as a replacement for physical consultation and the Services are meant for general vaccination consultation only. If after online consultation, if it is recommended to undergo any diagnostic tests or if You are issued with a Prescription, the same are provided based on the information and preliminary examination, hence the same shall not be treated as accurate, final and conclusive. MyVacc reserves their rights to modify the prescription or recommended diagnostic tests if the User provides any additional information in future consultation.
Online consultation services may be provided via the following communication channels Call Center Helplines / Telephones / Mobiles / IM Chats / Online Chats / SMS & Text Chats with and without camera and video facilities at the sole discretion of MyVacc. Reasonable efforts will be made to protect Your privacy and confidentiality across Health Consultation Services.
In order to purchase drugs that requires a valid medical prescription issued by a medical expert/doctor (“Prescription Vaccine/ Drugs”) from MyVacc through the Application, You are required to upload a scanned and clean copy of the valid prescription on the Application or email the same to MyVacc. You shall, ensure that medical expert/doctor, as far as possible, prescribe vaccine after the consultation after patient or guardian approval. The order would not be processed and forwarded to the concerned department, until We receive a copy of a valid prescription. MyVacc will verify the prescription shared by You and in case our doctors, observe any discrepancy in the prescription uploaded by You, the doctors will cancel the order immediately. You may also be required to make the original prescription available at the time of receipt of delivery of the vaccine and services of immunisation at home.
You acknowledge and accept that the order for a substitute of a Prescription vaccine/Drug would not be processed if the medical expert/doctor has himself/herself not permitted for any other equivalent vaccine to be dispensed in place of the Prescription vaccine/Drug in the prescription. The substitute of a Prescription vaccine/Drug would be dispensed only if the prescription solely lists the equivalent brand instead of a specific brand name.
You further acknowledge and accept that, in the absence of the above, the concerned doctor would not dispense a substitute vaccine/drug in place of the Prescription vaccine/Drug.
MyVacc will make available qualified doctors, medical and paramedical staff as applicable for the services provided by MyVacc to render Services after carrying out appropriate background and reference checks.
It is hereby clarified MyVacc’ obligation to carry out appropriate background and reference checks and to validate qualification of MyVaccs does not go beyond ensuring that the MyVaccs were registered with relevant state professional councils or central professional council at the time of engagement and had a certificate of good standing from the relevant professional council at the time engagement.
Subject to applicable law, MyVacc will use commercially reasonable efforts to make the Services available to Registered Users, 7 days a week
services that involves product delivery including but not limited to vaccine/drugs; immunisation services at home
planned downtime that will be communicated in advance to Registered Users;
any unavailability of vaccine or staff caused by circumstances beyond MyVacc’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government or regulatory authority, any mandate under applicable law, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider or/and web hosts failures or delays, denial of service attack, and/or Your acts or omissions, equipment, software or any other technology of Your, or any third party acting on Your behalf
When such Service is rendered under a time-schedule, in which case, the obligation of MyVacc under this clause shall be limited to making available such Service during the time-schedule considering point 1 and 2.
MyVacc has no responsibility towards Non-registered User for providing Services.
MyVacc reserves the right to schedule/reschedule/cancel appointments and swap doctors at any time without prior intimation.
For Services that involve home visits, We will communicate the availability of the medical staff at the time of providing the Service. If You wish to reschedule the home visit, You can select a preferred appointment date and time through the Application. While MyVacc does not guarantee availability of appointment date and time, it will try and confirm appointment as per Your preference.
MyVacc reserves the right to refuse Service at any time without providing any reasons. The terms applicable to refund and cancellation are specified in the respective column
MyVacc will strictly adhere to and adopt all reasonable measures to ensure compliance to all central and state government regulations and directives as applicable from time-to-time.
8.User should check the items dispensed to you carefully promptly upon receipt. If you believe there may have been a dispensing error or goods have been tampered, you should contact us immediately and should not take the vaccine/drugs or any of the items. Any complaints with regard to shortage of Goods, defects or otherwise will not be entertained by MyVacc once the same are accepted at the time of delivery.
The Services are not a replacement for emergency services offered at hospitals and should not be accessed if the patient is in a critical condition. In Medical Emergency (defined hereunder), please contact emergency services and/or rush to the nearest hospital.
“Medical Emergency” will include a serious and unexpected situation that may involve illness or injury and requiring immediate medical attention in the absence of which, possess an imminent threat/risk to life and can potentially lead to death in the absence of the medical attention. In such situation patient (adult and minor) may undergo through any or multiple of the following conditions:
development of chest pain;
sudden breathing difficulty;
inability to speak;
inability to move any of the body parts;
loss of consciousness;
sudden loss of vision and/or hearing;
not oriented to surrounding;
sudden abnormal behavior;
sudden worsening of any pre-existing medical conditions;
sudden development of severe pain.
Data Recording, Storage, Encryption & Usage
The information stored on the Application may be entered by You or by a doctor in the course of services provided by MyVacc. The information collected as part of the Services may be stored on Your mobile device as well as on a third-party cloud platform (“Cloud Service Provider”) or server (“Storage Service Provider”).
All video-consultations / IM chat consultations / text messages / audios / videos / transcripts / prescriptions / email and hard copy correspondences between Users and doctor, Acquired Users who are patients, and doctors engaged by MyVacc shall be recorded, saved and stored for record purposes and in the event such records are required to be produced as evidence on the direction of a court of law. MyVacc may review this data from time to time for quality evaluation purposes. However, under normal circumstances, MyVacc will not access any information that identifies You and shall either omit, mask or anonymize Your personal information at the time of quality evaluation.
It is hereby clarified that MyVacc does not have the obligation to pre-screen or monitor User Content at any time. However, MyVacc may elect to monitor any User Content and may modify or remove any User Content from the Application if MyVacc determines in its sole discretion that such User Content is in violation of this Agreement or any applicable law and best practices. Where MyVacc removes any User Content from the Application, MyVacc will make reasonable efforts to inform the Registered User who had posted such User Content.
All User Content shall be recorded, saved and stored electronically on a secure cloud database/server managed by the Cloud Service Provider / Storage Service Provider. MyVacc shall take best efforts to ensure that the Cloud Service Provider/ Storage Service Provider uses appropriate levels of encryptions to protect data and takes all necessary precautions. MyVacc will however not be responsible for any cyber data theft from its Application or the Cloud Service Provider’s/ Storage Service Provider’s databases.
MyVacc shall maintain a detailed transaction & purchase history of Users online.
MyVacc reserves the right to permanently delete User Content in case the User does not avail a Service for a period of three years.
PAYMENT, FEES AND TAXES
You agree to pay all Service fees, consulting fees, reasonable out of pocket expenses and other fees applicable to Your use of the Services. While MyVacc will strive to give You a fair estimate of fees in advance, the actual fee may be dependent on the type of Services that You purchase and may vary based on the number or duration of the Services subscribed to.
You are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. MyVacc is in no way responsible for any of the taxes except for its own income tax.
The fees could be paid online through the facility made on the Application. Third parties support and services are required to process online fee payment. MyVacc is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of MyVacc.
At the sole discretion of MyVacc, the fees could also be paid offline and be either collected personally from the User.All fees are exclusive of taxes. The payment process would be complete only on receipt of the amount to MyVacc’ designated bank account.
An invoice for fees against Services received by You will be generated periodically and will be intimated to You on the Application and/or on Your contact details. You may be requested to make the payment immediately or on a deferred basis, at the sole discretion of MyVacc. In case the fees against Services are not received within the requested timeframe, MyVacc reserves the right to stop provision of Services on immediate basis, permanently delete Your account and all information stored against your account and, suspend or terminate the Agreement. You will be solely responsible for the consequences of non-payment for the fees within the requested timeframe and have no right of recovery in any form against MyVacc.
MyVacc shall send an intimation of fee receipt through an email and/or your contact details within seven (7) working days of fee receipt from You.
OFFERS AND PROMOTIONS
MyVacc and doctor may occasionally promote their Services on the Application available for you to purchase. We try to encourage doctor to offer good quality Services and materials at competitive prices but we have no control over them, we do not endorse the Services they offer, or give you any assurance that they will be suitable for your needs. It is your responsibility to satisfy yourself in this regard and we have no liability in connection with the same. All promotions are for limited period and subject to special terms and conditions, which are in addition and not to the terms and condition stated herein
Please contact us at care@MyVacc.in for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.
In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Dr. Amit Agarwal
95, first A cross, fifth main,
Domlur second stage,
Time: Mon – Sat (12:00 – 15:00)