updated on: September 14
The following words and terms, whenever used in the Terms, unless repugnant to the meaning or context thereof, shall have the respective meanings set forth below.
“ Account ” means the account created by you on the Platform to avail the Services;
“ Applicable Law(s) ” means any statute, law, bye-law, enactment, regulation, ordinance, policy, rule, notification, direction, directive, guideline, requirement, permit, license, approval, authorization, rule of common law, order, decree, judgment, or any restriction or condition, or any similar form of decision of, or determination application or execution by, or interpretation or pronouncement having the force of law of, any Governmental Authority having jurisdiction over the matter in question, whether in effect as of the date of entering into these Terms or thereafter, in any jurisdiction or political sub-division, and includes any practice or custom under any applicable law;
“ Data ” means your name, e-mail address, contact number, postal address, PIN Code and other information (including personal data and sensitive data) that is provided to the Company for registering on the Website and the Platform;
“ Intellectual Property ” means and includes any ideas, design concepts, creations, discoveries, inventions, improvements, know how, trade or business secrets, registered or unregistered trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, systems, principles, synthesis protocol, algorithms, works of authorship, flowcharts, drawings, books, papers, sketches, formulae, proprietary techniques, research projects, copyright, designs, and other confidential and proprietary information, databases, data, documents, instruction manuals, records, memoranda, notes, user guides, in either printed or machine-readable form, whether or not copyrightable or patentable or protectable under any other intellectual property law, or any written or verbal instructions or comments which are associated with the Company, Platform Services or the System;
“ Person ” means a person, and includes any individual, corporation, firm, partnership, joint venture, association, organisation, trust, state or governmental authority or other legal entity (in each case, whether or not having separate legal personality).
“ Registered Medical Practitioner ” means a person who is enrolled in the State Medical Register or the Indian Medical Register under the Indian Medical Council Act 1956 and who has entered into an agreement with the Company to provide his/her consultation and advisory services on the Mamily’s Platform and other services as may be introduced by Mamily from time to time;
“ Services ” means the services offered by the Company from time to time through the Platform including without limitation assistance and advice in relation to pre-conception services, services during pregnancy, post-pregnancy services, and online consultation with Registered Medical Practitioners, FAQ’s, physical appointment with the Registered Medical Practitioners, and access to care guides of the Company.
“ System ” means the Platform and the technology consisting of hardware and/or software used or provided by us for the purpose of providing the Services to you; and
“ Use ” means any use of the Platform or Services by a Person, including, without limitation, you, unregistered users, and any other Persons who accesses or visits the Platform and their relative(s), representatives, agents, servants or affiliates, for whom, or on whose behalf, such users, unregistered user or Person is using the Platform and availing the Services.
Acceptance of Terms
The Terms apply to you and the Company and governs the provision of your access to the Platform, and/or your use of any Services provided on or through the Platform.
You acknowledge and agree to be subjected to the Terms: (a) by clicking “sign up” or “I accept” tab at the time of your registration; (b) through continued use of the System and/or Services; or (c) by accessing the System and/or Services through any medium, including but not limited to personal computer, mobile phone, or any other internet enabled device used by you to access the Platform (“ Device ”).
You acknowledge and accept that the Company is the owner, author and publisher of the Platform and the operator of the System associated with the Platform for providing Services.
By using the Platform or accessing any material, information or services through the Platform, you hereby agree, admit, confirm and declare that you have completed Eighteen (18) years of age as on date of accepting these Terms, and that you have fully read and understood the Terms as set forth herein, without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgment.
You acknowledge that the Services are not intended to be used in emergency healthcare. The Services provided through the Platform shall not be used by you in case(s) of any medical emergency, and Mamily, the Platform and the Services shall not be considered in any form to be a substitute for personal consultation or treatment by a healthcare provider, doctor, or hospital. You shall not use the Platform or avail the Services in the event of medical emergency, urgency, where a physical examination is likely to be required, where physical intervention is likely to be required, or where the problem, issue or information required is not suited to remote communication, or when there are complications, symptoms or other factors which require physical examination, physical intervention, or other treatment.
You hereby agree that no results can be guaranteed or assured from the consultation and advice sought from the Registered Medical Practitioners.
In the event that you have any difficulty in understanding these Terms or any of its clause, or portion, you are advised to not use the Platform and in the event that you continue to use the Platform, it shall be presumed that you have agreed to be bound by these Terms, without any objection or reservation.
You acknowledge and agree that any medical advice, information, or any communication given to you or made remotely through audio or video are limited in their nature relative to a physical consult with a Registered Medical Practitioner and by using the Platform and availing the Services, you are deemed to have accepted those limitations.
Mamily is not endorsing and shall never be deemed to endorse any particular Registered Medical Practitioner, and nothing shall be construed to be endorsement by the Platform, and/or any person, entity or advice including the results of any search you perform on the Platform for Registered Medical Practitioners. You are solely responsible for choosing the Registered Medical Practitioner and the Company is not responsible for your selection of the Registered Medical Practitioner.
You hereby understand and irrevocably consent that it is your sole responsibility to evaluate whether any advice received through the Services provided by the Registered Medical Practitioner is suitable or sufficient for your needs, ailment, or purpose, whether and to what extent you should rely upon such advice and/or act upon the same, and whether you should seek the assistance of any other Registered Medical Practitioner.
In the event that you are in any doubt or have any concerns regarding any information or advice that you have received, or failed to receive, through the Company’s Services, or regarding your health, wellbeing, or any conditions, Mamily shall never be responsible or held liable and you are advised to seek further medical opinion from a registered medical practitioner not affiliated with the Company.
Relationship with the Registered Medical Practitioner
You hereby understand and agree that the relationship between you and the Registered Medical Practitioner is and shall always be independently governed by the rules and regulations that may be prescribed by the Registered Medical Practitioner or under Applicable Laws. The Company does not claim any control over any such specific, particular, individual, or general rules and regulations and Applicable Laws.
There is and shall always be a separate and independent contractual relationship between you and/or the Registered Medical Practitioner, as the case may be, without any involvement, control, or interference of the Company. Accordingly, there is and shall never be any privity of contract between you, Platform, and the Registered Medical Practitioner.
Mamily is only providing a platform to enable you and the Registered Medical Practitioner to interact with each other, without any professional intervention, involvement, or liability of the Company.
Listing of Registered Medical Practitioner’s information
Mamily’s proprietary algorithm for the listing of Registered Medical Practitioners is a fully automated system that lists the Registered Medical Practitioners along with their profile, qualification, consultation fee, expertise, review, location, visiting hours (if any), online consultation hours and experience (“ Practitioner Details ”) on the Platform.
The listing of the Registered Medical Practitioners does not represent any fixed objective, ranking or endorsement by Mamily. Mamily is not responsible for any change in the relevance or order of the Registered Medial Practitioners on the Platform’s search results, which may take place from time to time.
Mamily shall in no event be held responsible for the accuracy and the relevancy of the listing order of the Registered Medial Practitioners on the Website or Platform. Furthermore, the Company shall not be liable and/or responsible for the ranking or listing of the Registered Medial Practitioners on any external websites and search engines (whether or not the same is based on the listings on the Company’s Platform).
Obligations of the User and the Company
Mamily authorises you to view and access the content available on the Platform solely for availing the Services as per the Terms. The content of the Platform including without limitation to the information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and assembly of content on the Platform (“ Mamily Content ”) are the property of Mamily and are protected under copyright, trademark and other Applicable Laws as mentioned under Clause 10 of these Terms. You shall not modify Mamily Content or reproduce, display, publicly perform, distribute, or otherwise use the Mamily Content in any way for any public or commercial purpose or for personal gain.
You will open only one Account using the Data, and not use the Account of any other Person. You will only use the Platform in accordance with these Terms and all Applicable Laws. You shall not use the Platform or avail the services for any illegal or unlawful purposes.
Multiple users are not permitted to share the same or single user Account. You shall use the Platform and avail the Services only for your sole, personal use, and shall not transfer, sell, sub-license or assign it to a third-party.
Mamily may suspend access your Services entered into if:
The Data or any other information provided by you is false;
The security of your Account has been compromised in any way; or
You have not complied with any of the requirements in this Clause 6 of the Terms or any other provision of the Terms.
You will notify the Company immediately if you cannot access your Account, or if you know of, or suspect any unauthorized access or use of your Data, login details or Account, or the security of your Account has been compromised in any way.
You shall register on the Mamily Platform through your corporate e-mail ID by providing your full name, contact/mobile number, e-mail address, postal address, gender, date of birth, city, and state in which you reside in India. Post authentication through a One Time Password (“ OTP ”) received on your corporate email-ID, the Company permits you to select your desired Services as updated on the Platform from time to time. Once your request for the same has been accepted, the Company shall confirm your access to the Services and allocate a care guide of the Company in order to assist you throughout your journey with the Company.
You are provided your credentials and you can access the Services and package availed, the details of the allocated care guide of the Company, the details of the Registered Medical Practitioners, your care plans, appointments, and any other preferences in order to monitor your journey, upload any documents including medical records, interact with the care guide of the Company and the Registered Medical Practitioner and avail the Services on the Platform.
Mamily shall maintain the records of the Services availed by you, remotely monitor your financial transactions for using the Platform and availing the Services and provide customer support for grievance redressal.
Except as clearly stated in these Terms, the obligations of Mamily are limited to (a) licensing the Website and the Platform Services to you; (b) managing and operating the Platform and Services in the manner reasonably determined by Mamily; (c) operating the Platform in order to facilitate the provision of Services to you; and (d) payment collection in respect of the Services provided to you on the Platform.
Warranties and Representations
You hereby acknowledge and agree that the use of Platform and Services is entirely at your own risk, cost and consequences. The Services are provided on ‘as is’ basis, without warranty, or guarantee of any kind, and/or any responsibility or liability either express or implied, or whether vicarious, or contingent.
You acknowledge and agree that Mamily is not a licensed medical care provider and the information provided by the care guide of the Company is for information purposes only.
While every effort has been made to ensure that the information hosted on the Platform is accurate and precise, however Mamily does not warrant the accuracy of the information obtained by you from the Platform.
Without limiting any other provision of Clause 7 of these Terms and in addition to all other provisions of Clause 7 of these Terms, to the fullest extent permitted by Applicable Law, Mamily expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade, with respect to the services. The Company makes no warranty that the services will meet your requirements, or that they will be uninterrupted, timely, secure, or error free. Mamily does not make any warranty or representation as to the use or the results that may be obtained from the use of their Platform or Services.
Mamily expressly disclaims all warranties, representations and conditions regarding the completeness, accuracy or utility of any information in relation to the standing, qualification, ability, capacity, experience, competence, professionalism, bonafides, credit worthiness or otherwise of any care guides of the Company or Registered Medical Practitioners listed on the Platform and offering Services through the Platform.
The Practitioner Details available on the Platform are provided and self-reported by the Registered Medical Practitioner and the Company makes no assurance, representation, or warranty as to the accuracy, completeness, or genuineness of the same. Neither the Platform nor Mamily provides any advice, or qualification certification, about any particular Registered Medical Practitioner. You are encouraged and advised to independently verify any such information which you may see on the Platform with respect to the Registered Medical Practitioner that you seek to make an appointment with and consult for any advice or treatment. The Company further makes no representation or gives any warranty or condition either express or implied with regard to any information or Services available on the Platform.
Mamily shall not be held liable for any interaction and associated issues, including but not limited to medical outcome and/or service issues, between you and the Registered Medical Practitioners. If you decide to engage with a Registered Medical Practitioner to provide Services to you, you do so at your entire risk and liabilities in all respects. The Company shall not be liable for any reason whatsoever for the Services provided by Registered Medical Practitioner, and we bear no liability for the consequences to you, from your use of the System or Services.
The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of your access to, use of, or browsing the Platform or the downloading of any material, data, text, images, video content, or audio content from the Platform. If you are dissatisfied with the Platform, your sole remedy is to discontinue using the Platform.
Except as expressly set out in these Terms, all warranties, representations, terms, conditions, or undertakings whether express or implied are, to the fullest extent permitted by law, hereby excluded.
Payments and Refund Policy
The Company accepts payments on behalf of the Registered Medical Practitioners. Should you wish to avail the Services, you hereby acknowledge and accept that the Company will collect the payment of such Services availed by you, for and on behalf of the Registered Medical Practitioner, providing you such Services, but with no liability or obligation, express or implied, being assumed by the Platform.
The prices of the consultation of Registered Medical Practitioners for availing Services are displayed on the Platform.
The prices displayed on the Platform may or may not include any taxes, including Service Tax, Goods and Services Tax, VAT, etc., as applicable and the same will, be additionally payable by you.
You can also opt to purchase packages of the Company or of the Registered Medical Practitioners to avail the Services. The packages will list the details of the charges, the number of sessions and the validity. You will have to utilise the sessions as per the validity period of the package.
You shall be directed to a third-party portal, who has been outsourced by the Company, to receive payment.
For any of the payment method opted by you for making payment on the portal of the outsourced party/agency/service provider, and thereafter by entering banking information and details on that portal while making payment, Mamily does not assume any liability, and shall never be responsible for any direct or indirect costs, charges, expenses, damage or loss suffered by you, as the Company has outsourced third party(s) for receiving such payment, who is an independent party, and the Company has no access or control over any information and details inserted by you when making or attempting to make any payment. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR).
Mamily does not ask for or retain your financial data or information.
The liability of Mamily to render Services, shall arise only after receipt of the payment and on successful completion of the payment transaction.
Mamily may at its sole discretion introduce any offers/discounts/ incentives on the Services or introduce new service and/or modify some or all of the existing services offered on the Platform. In such an event, Mamily reserves the right to charge fees for the new services offered or amend/introduce fees for existing services, without any prior intimation.
Mamily may choose to discontinue or modify any incentive(s) or discounts at its sole discretion, without any prior intimation or notice.
You shall be solely responsible for compliance of all Applicable Laws while making any payment to Mamily.
You further understand and agree that for Services provided on an appointment basis, you will be responsible for a cancellation fee, or a missed appointment as set forth below. Post deduction of the cancellation fee, Mamily shall initiate the refund process within Three (3) working days of confirmation by Mamily. However, you acknowledge that it may take Seven (7) to Fifteen (15) working days for the refund amount to get reflected in your account.
For a scheduled online consultation by video, audio or chat with the Registered Medical Practitioner cancelled Two (2) hours prior to the consultation time, Fifty (50) percent of the payment made by you shall be refunded by Mamily to your account; and
For a no show on your side, for a scheduled online consultation by video, audio or chat with the Registered Medical Practitioner, Hundred (100) percent of the payment made by you shall be forfeited by Mamily.
Information uploaded by the User on the Platform
While the Company takes utmost care with respect to the security of the information you decide to upload, you understand that any information that you disclose on the Platform, is at your own risk. By uploading/sharing/disclosing your medical conditions, medical history, medical records, and such other health records and any other information on the Platform, you hereby give your consent to the Company to store such health/medical information on the Company's servers.
Mamily will retain your medical conditions, medical history, medical records, and such other health records and any other information that you may upload on the Platform or provide the Registered Medical Practitioner for as long as it is needed to fulfil the service you seek to avail on the Platform.
The Platform is owned, controlled, and operated by Mamily, and all Intellectual Property including copyright in the Platform is solely and exclusively owned by the Company. All Intellectual Property in the Platform and provision of Services, the present or future modifications/upgradations thereof and standard enhancements thereto shall remain the property of Mamily and its licensors. These Terms do not and shall not transfer any ownership or proprietary interest in the System and Platform from Mamily to you.
The Terms permit you to use the Platform only for the purposes of availing Services. You are not permitted to commercially exploit the Intellectually Property or modify, reproduce, distribute, create derivative works of, publicly display, republish, download, store or transmit any of the material on the Platform except as permitted under the Terms.
You hereby undertake to indemnify, defend, and hold harmless the Company and its officers, directors, partners, owners, administrator, independent contractors, subsidiaries, licensors, suppliers, employees, agents, and affiliates for and from any loss, claim, actions, demands, liabilities and settlements, including lawyer's fees, and fees of third parties (“ Claims ”), by reason of, in any way relating to, or arising out of your violation of these Terms, or your conduct or conduct of any other person operating for and on behalf of you. You further undertake to indemnify and hold harmless, the Company against any judgment, proceedings, liability or cost resulting from or arising out of Use of the Platform or information/data provided on the Services provided by the Company, to you.
You hereby undertake to indemnify the Company for all losses, damage, costs, charges and expenses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected the Company, care guides of the Company, the Registered Medical Practitioners, or has caused any direct or indirect loss to the Company.
You further agree to indemnify, defend, and hold harmless the Registered Medical Practitioner treating you from and against any third-party Claims resulting from your lack of adherence with the advice or recommendation of such treating Registered Medical Practitioner.
Limitation of Liability
This Clause 12 of the Terms shall apply to all the content and functionality of the Company, Website, Platform, System, and Services.
Under no circumstances, including on account of any act, omission, commission or negligence, shall the Company including or anyone else involved in creating, producing or distributing the Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, Platform, Services, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Company records, programs or the Website, Platform or Services.
Notwithstanding the above, your exclusive remedies for all damages, losses and causes of actions whether in contract, including negligence or otherwise, shall not exceed the aggregate amount, which the Company has received from you for the Service in question. Such limitations shall apply to the Company's total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
In no event shall the Company be liable for any direct damages in excess of the payments made by you for the Services. In addition, to the maximum extent permitted by law, in no event shall the Company be liable for any special, punitive, indirect, incidental or consequential damages, including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, this Platform or any Service offered through this Platform or any material or information contained in, accessed through, or products purchased from the Platform, even if an authorized representative of the Company is advised of the likelihood or possibility of the same.
The Company shall not be liable for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, in any way relating to or arising out of the use of the Platform or provision of Services.
The Company has no liability or responsibility, in case of any dispute or difference that may arise, with respect to the payment made by you or the misuse of the information and details, inserted by you at the time of making payment.
Without prejudice to the generality of the above, the Company will not be liable (directly or vicariously) in the circumstances set forth below:
any mistake, prescription of wrong medication or quality of treatment given by the Registered Medical Practitioner(s), or any medical negligence on part of the Registered Medical Practitioner(s);
any misconduct or inappropriate behaviour by the Registered Medical Practitioner;
any mistake, misconduct, inappropriate behaviour, wrong advice given by the care guide of the Company;
cancellation or rescheduling of booked appointment or any variance in the fees charged; or
any direct or indirect, medical eventualities that might occur subsequent to availing the Registered Medical Practitioner or the care guide of the Company, whom you have selected on the basis of the information available on the Platform or whom you were allotted by the Company or with whom you have booked an appointment through the Platform;
Further, the Company shall not be liable, under any event, for any comments or feedback given by any of you in relation to the Services provided by another user. All such feedback should be made in accordance with Applicable Laws. The option of users to give feedback remains at the Company's sole discretion and may be modified or withdrawn at its sole discretion. The Company may moderate such feedback at any time. The Company 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.
You may deactivate or terminate your Account and end the registration at any time, for any reason whatsoever, by writing to us at [email protected] .
Mamily may suspend or terminate your use of the Platform, your account or registration for any reason at any time, at its sole discretion. Mamily reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Platform pursuant to its internal record retention and/or content destruction policies. After such termination, Mamily shall have no further obligation towards you, except to the extent we are obligated to provide you access to your health records or treating Registered Medical Practitioner are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
Order of Precedence. Additional terms and conditions may apply in order for you to avail any additional or specific Services or to specific portions or features of the Platform, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such Service or feature. If there is a conflict between these Terms and the terms posted for, or applicable to, a specific Service or a specific portion of the Platform, the latter terms governing such specific Service or specific portion of the Platform shall control your use thereof.
Governing Law, Jurisdiction and Dispute Resolution. These Terms shall be governed by, construed, and enforced in accordance with, the laws of India. In the event of any dispute, controversy or claim under these Terms or in relation to any Services or the Platform, including any question regarding the existence, validity or termination of these Terms, the Parties shall use all reasonable endeavours to resolve such dispute, controversy or claim amicably. To the fullest extent permitted by applicable laws, you hereby expressly agree that any proceeding arising out of or relating to these Terms shall be instituted in courts in New Delhi, India.
Waiver. The failure, delay, or omission of either Party to enforce any right or remedy available under, or to insist upon strict compliance by the other Party of any terms of, these Terms, shall not be construed to be a waiver, affect the right of such Party to thereafter enforce that or any other provisions of these Terms, or be a relinquishment to insist upon strict compliance in the future. No waiver shall be valid unless expressly given in writing by the Party from whom such waiver is sought.
Severability. Each and every obligation under these Terms shall be treated as a separate obligation and shall be severally enforceable as such in the event of any obligation or obligations being or becoming unenforceable in whole or in part.
Assignment. You shall not assign any of your rights or obligations under these Terms to any third party. Mamily shall be entitled to assign its rights and obligations under these Terms to its group companies or any third party.
Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet services, mobile services, and other services needed for your access to and use of the Platform and the Services and you shall be responsible for all charges related to them.