This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This is a legal agreement between you, the user (‘You’) of the Mobile Application (Fisike), as defined below, and MphRx (‘MphRx’) stating the terms that govern Your use of the Mobile Application, and the overall portal as defined below. If you do not agree to these Terms and Conditions, you are not entitled to use the Services and any use thereafter shall be unauthorized. Please read and accept the terms and conditions of use before using this service. By clicking on the “Accept/Agree” button below, you will be expressing your acceptance to the following terms and conditions, any policies, guidelines or amendments thereto that may be presented to you from time to time.
1.1. MphRx through the present Mobile Application ‘Fisike’ shall be providing the following services (‘Services’):
1.2. MphRx shall be providing these Services through the Mobile Application Fisike or through any other means, whether through telephone, email, application software, etc as the case me be (jointly referred to as “Portal”) provided that you are of a legal age to form a binding contract and are not a person barred from receiving such services under the laws of the country where you are based and/or where the Services are being used and/or where the applicability of law relating to your use of Services may arise. In order to access certain services, you may be required to provide current and accurate identification details including but not limited to your name, contact phone number, e-mail address, social network profile/identity etc. (‘Personal Information’) as part of the registration process and/or continued use of Services. Fisike and/or MphRx shall not be liable from any loss or damage arising from your failure to provide us with accurate information. The aforesaid Person Information shall not be used/shared by us with any third party entity except for the purpose of the present Services.
1.3. You agree to use the services offered by Portal only for purposes that are legal, proper and in accordance with the terms and any applicable regulations, policies or guidelines.
1.4. You agree that you shall be responsible for your own conduct and any content, detail or information that you create, transmit or display while using the Portal and for any consequences thereof. You further agree that by creating, detailing or transmitting any content, detail or information using the present Portal, you certify the authenticity, truthfulness and veracity of the said content, detail or information.
1.5. While using the present portal, or while providing review of the services used by you, you agree that you will not:
1.6.You agree that your recording and/or transmitting of any alleged query through the use of the Portal or sharing any information in the database provided shall not ipso facto be evidence of their truthfulness and the same is subject to a private contract between you and the concerned Doctor/laboratory/Medical Practitioner. You understand that the role of Fisike, through its portal is to maintain records, provide platform between You and your Doctor/laboratory/Medical Practitioner and send reminder services entirely based upon the records submitted by and your Doctor/laboratory/Medical Practitioner only. You further understand that information submitted by you may raise issues of privacy, defamation, illegality due to special protection under law etc. Accordingly, the burden is placed on you to analyze and act according to the laws of your country. MphRx and/or Fisike shall not be responsible for any such claims.
1.7. You agree that using the services of medical practitioners or any other agencies through the portal offering medical or ancillary services as may be amended from time to time on the portal through the portal may expose you and others around you to physical harm, caused by negligent action (or inaction) of such practitioner. In such an event you shall solely be responsible for all consequences and results thereof and shall have any claim, if any from the medical practitioner or such other agencies whose services you are using through the Fisike portal. MphRx and/or Fisike shall not be liable for any claim or damages on this account from you or any third party.
1.8. You understand that in order to provide efficient services and keep your records updated, Fisike will be required to automatically fetch data pertaining to your medical/health records/test reports from its associated Doctor/laboratory/Medical Practitioner. You hereby agree and unconditionally authorize the Fisike and/or MphRx to contact its associated Doctor/laboratory/Medical Practitioner and fetch data pertaining to your medical/health records/test directly based upon your phone number, name, identification number etc.
1.9. You understand that while using the inbuilt secure messenger to interact with your Doctor/laboratory/Medical Practitioner, they may charge you for the services/consultation. You specifically agree to such charges as may be levied by your Doctor/laboratory/Medical Practitioner and further agree to pay the same either through the Fisike service portal and/or other modes as may be suggested by your Doctor/laboratory/Medical Practitioner. MphRx and/or Fisike shall not be liable for any claim or damages on this account from you or any third party for non availability of the said service on account of payment and/or non-payment of the said fee charged by your Doctor/laboratory/Medical Practitioner.
2.1. You acknowledge and agree that the Portal of Fisike and the Services provided through it contain proprietary and confidential information of MphRx and/or any third party and that the same is protected by applicable intellectual property, copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MphRx and/or Fisike or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on content, services offered or the application software, in whole or in part except as specifically authorized in a separate written agreement.
2.2. Subject to the present terms and conditions of use, Fisike grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Portal and the Services provided by it subject to that you do not (and do not allow any third party) to copy, modify, create any derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software, unless such activity has been expressly authorized by MphRx and/or Fisike in writing.
2.3. Except as expressly authorized by MphRx and/or Fisike, you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers/ other users. You also agree not to remove, obscure, or alter Fisike’s or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the present application software.
2.4. You hereby agree that any content, details and/or information provided by you while using the Services shall be stored by us on a secure server and shall be used by us in order to provide better services and evaluate the services provided by Fisike. To that extent, you grant MphRx and/or Fisike a worldwide, non-exclusive, royalty-free license to use, collate, reproduce, adapt, modify, publish and distribute such content, details and/or information as it deems fit and proper. You understand that while using the aforesaid information to improve the quality of services offered by us, we shall employ highest standard to maintain the secrecy of your identity, however, MphRx and/or Fisike shall not be responsible for any loss/damage caused due to unauthorised access of information and/or leakage of said information due to reasons beyond its control including but not limited to failure of servers and/or security software, hacking etc.
2.5. You further agree that certain confidential data like your name, email id, social network profile/identity, location, etc. as provided by you may also be retained by us by virtue of the use of our Services by you. To that extent, you consent to the collection, processing, transmission and disclosure of such information by MphRx and/or Fisike for such purposes as it deems fit and proper.
3.1. The present portal may automatically report version number or other diagnostic information and may automatically download upgrades to the software to update, enhance and further develop the services offered, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.
3.2. In connection with your use of the Services and in order to provide effective services, we may send you service announcements, messages, administrative messages, and other information and you expressly agree to receive the same.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the services offered through the present Portal, use of services offered through the present Portal, or access to services offered through the present Portal except as otherwise expressly provided in the terms or as specifically authorized in a separate written agreement.
MphRx and/or Fisike reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Services (or any part thereof) with or without notice. You agree that MphRx and/or Fisike shall not be liable to you or to any third party for any modification, suspension or discontinuance of Services.
You agree to hold harmless and indemnify MphRx and/or Fisike, and its affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, from and against any third party claim arising from or in any way related to your use of Services, violation of the terms or any other actions connected with use of Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, MphRx and/or Fisike will provide you with written notice of such claim, suit or action.
7.1. You expressly understand and agree that:
7.2 Notwithstanding the generality of the above and agreeing to each and every condition, where you are remitting any payments for the services being offered though the portal, you agree as under:
8.1. You expressly understand and agree that Fisike shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use Services; (ii) the cost of procurement of substitute goods and services resulting from any data, information or services obtained or transmitted through or from Services; or (iii) any other matter relating to Services.
8.2. The product & services being offered by Fisike are currently being released in varying product ranges which may include services that are being offered free of charge or paid features or products through its portal whereby the users of the portals shall have a right to remit such payments and utilize such services. Please read the conditions of such services carefully before making any payment. Fisike however, reserve its right to modify, delete, upgrade, degrade any of such features of the product & services including discontinuation of the Services, introduction of paid features and/or paid versions of the Mobile Application and/or Services solely at our discretion and without notice.
9.1 Fisike collects your Personal Information, as defined hereinbefore in clause 1.2, associated with your user account provided by you at the time of availing the Fisike services and/or updated thereafter. We use this personal information to: provide you the products or Services you have requested; create your user profile; to send you information about our products or Services and your registration; when you agree, to send you marketing information; and to respond to your correspondence.
9.4 By using the present Mobile Application, you acknowledge and agree that MphRx and/or Fisike may access, preserve, and disclose your information and any content associated with your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
9.5 MphRx and/or Fisike is committed to protecting your privacy. Security measures for this site and protection of your data have been taken to protect against loss, misuse or alteration of the information you provide; and industry standard encryption methods are used to assure security. Nevertheless, it is crucial that, as a user, you protect against unauthorized access to your password and to your computer and that you always sign off when finished using a shared computer. Further, you should be aware that no system is impenetrable. Thus, it is your responsibility to diligently monitor your credit card statements, bank statements and similar personal information so as to discover and address as quickly as possible any misuse of your personal information.
In case you still need further information/clarification, you may contact us at firstname.lastname@example.org.
You agree that, except as otherwise expressly provided in the terms, there shall be no third party beneficiaries to the terms.
11.1. Entire agreement. The terms (including any policies, guidelines or amendments that may be presented to your form time to time) constitute the entire agreement between you and MphRx and/or Fisike and govern your use of Services, superseding any prior agreements between you and MphRx and/or Fisike for the use of Services.
11.2. Choice of law and forum. The terms and the relationship between you and MphRx and/or Fisike shall be governed by the laws of India without regard to any conflict of law provisions. You and MphRx and/or Fisike agree to submit to the personal and exclusive jurisdiction of the courts located within the state of New Delhi, India.
11.3. Waiver and severability of terms. The failure of MphRx and/or Fisike to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision. If any provision of the terms 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 the terms remain in full force and effect.
You hereby expressly acknowledge that you have read the aforesaid terms and conditions of use and understand the rights, obligations, terms and conditions set forth herein. By use of the Mobile Application, products and/or services, you expressly consent to be bound by its terms and conditions and grant to MphRx and/or Fisike the rights set forth herein.