UrbanMedico: Terms of Use

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 document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.UrbanMedico.com website.

The domain name, www.UrbanMedico.com (hereinafter referred to as “Website”) is owned by Borici Online Services Pvt. Ltd. , headquartered in 114 Aashish Royal Park, Pilibhit Bypass Bareilly UttarPradesh.

Your use of the Website, services and tools is governed by the following terms and conditions (“Terms of Use”), as applicable to the Website, including the policies that are incorporated herein by way of reference. If you carry out a transaction on the Website, You shall be subject to the policies that are applicable to the Website for such a transaction. By mere use of the Website, You shall be getting into a contract with UrbanMedico, and these terms and conditions, including the policies, constitute your binding obligations, with UrbanMedico.

For the purpose of these “Terms of Use”, wherever the context requires “You” or “User” shall mean any natural or legal person who has agreed to become a registered service user on the Website by providing his/her Registration Data. UrbanMedico also allows the User to surf the Website without registering. The term “We”, “Us”, “Our” shall mean UrbanMedico, the sole proprietor.

We, as UrbanMedico, are just technology providers who are enabling the consultants and users to meet online. We also facilitate the payment and feedback system. This website, on its own behalf, is not a provider of consultancy service. Nor is it an advertising portal.

When You avail any of the services provided by Us through the Website, including, but not limited to, Session Reviews, Consultant/Service Provider Reviews, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into these “Terms of Use”. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these “Terms of Use” at any time without any prior written notice to You. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree with the revisions. As long as you comply with these “Terms of Use”, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE. PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By ambiguously or expressly accepting these “Terms of Use”, You also accept and agree to be bound by the UrbanMedico Policies (including, but not limited to, the “Privacy Policy” available on https://www.UrbanMedico.com/privacypolicy) as amended from time to time.

Membership Eligibility

Use of the Website is available only to people who can form legally binding contracts under the Indian Contract Act, 1872. People who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, are not eligible to use the Website. If you are a minor, i.e. under the age of 18 years, you may not register as a User of UrbanMedico and may not carry out any transaction on or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be carried out by a parent, or legal guardian, on the Website. UrbanMedico reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to UrbanMedico’s knowledge that you are under the age of 18 years.

Your Account and Registration Obligations

If you use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and for all the activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, outdated or incomplete; or We have reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, or not in accordance with the these “Terms of Use”, We shall have the right to indefinitely suspend or terminate or block access to your membership on the Website.

Communications

When You use the Website, or send Us emails or other data, You agree and understand that You are communicating with Us through electronic records and You consent to receiving communications via electronic records from Us, as and when required. We may communicate with You via email or any other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Website is a platform that Users employ to meet and interact with one another for their transactions. UrbanMedico is not, and cannot be, a part of, or control in any manner, any transaction between the Website’s Users.

Henceforward:

1. All commercial/contractual/professional terms are offered by, and agreed to, between Users and Consultants/Service Providers alone. The commercial/contractual/professional terms include, without limitation price, transaction costs, payment methods, payment terms, date, period and mode of service provision, warranties related to the consultancy, and services. UrbanMedico does not have any control over, or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual/professional terms between the service user and Consultant/service providers.

2.UrbanMedico does not make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the sessions, or services proposed to be sold or offered to be sold or purchased on the Website. UrbanMedico does not implicitly or explicitly support or endorse the sale or purchase of any sessions or services on the Website. UrbanMedico accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

3.UrbanMedico is not responsible for any non-performance or breach of any contract entered into between the users and the Consultant/Service Providers. UrbanMedico cannot and does not guarantee that the concerned users and/or service providers will perform any transaction concluded on the Website. UrbanMedico shall not and is not required to mediate or resolve any dispute or disagreement between the users and Consultant/Service Providers.

4.UrbanMedico does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment on that behalf.

5.UrbanMedico does not, at any point of time during any transaction between the user and Consultant/Service Provider on the Website, become a party to the session or service. Nor does it at any point gain title to or have any rights or claims over the payments of sessions or services offered by Consultant/Service Provider to the user.

6.At no time shall UrbanMedico have any obligations or liabilities with respect to such a contract entered into by the users and the Consultant/Service Providers. UrbanMedico is not responsible for any unsatisfactory or delayed delivery of services or damages caused, or delays as a result of the sessions which were unavailable or delayed due to any factors, controllable or uncontrollable.

7.The Website is only a platform which can be utilised by Users and Service Providers to be able to reach out to a larger base to buy and sell sessions or services. UrbanMedico is only providing a platform for communication and it is agreed that the contract for sale of any of the sessions or services shall be a strictly bipartite contract between the Consultant/Service Provider and Service user.

At no time shall UrbanMedico hold any right, title or interest over the sessions nor shall UrbanMedico have any obligations or liabilities with respect to such a contract.

8.You shall independently agree upon the manner and the terms and conditions of the performance & payment with the consultant/service provider(s) that you transact with.

Disclaimer:Pricing on any session(s), as reflected on the Website, may be, due to some technical issue, typographical error or session information published by the Consultant/Service Provider, incorrectly reflected and in such an event the Consultant/Service Provider may cancel such a booking/session.

9.You release and indemnify UrbanMedico and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have on this behalf under any applicable law. Notwithstanding its reasonable efforts on that behalf, UrbanMedico cannot take responsibility for or control the information provided by other Users, which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe communication when using the Website.

Please note that there could be risks in dealing with underage persons or people acting under false pretence.

Charges

Membership on the Website is free for service users. UrbanMedico does not charge any fee for browsing and taking sessions on the Website. UrbanMedico reserves the right to change its Fee Policy from time to time. In particular, UrbanMedico may, at its sole discretion, introduce new services and modify some, or all, of the existing services offered on the Website. In such an event UrbanMedico reserves the right to introduce a fee for the new services offered or amend/introduce a fee for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws, including those in India for making payments to UrbanMedico Internet Private Limited.

Use of the Website

You agree to, undertake and confirm that your use of the Website 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 do not have any right to;

(b)Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening to or unlawfully harassing anyone, 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, unauthorised disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];

(i)Promotes an illegal or unauthorised 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;

(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 videos, photographs, or images of another person (with a minor or an adult);

(n)Tries to gain unauthorised access or exceeds the scope of authorised access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(o)Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of unauthorised products on the Website. Throughout these “Terms of Use”, UrbanMedico’s prior written consent means a communication coming from UrbanMedico’s Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorisation;

(p)Solicits gambling or engages in any gambling activity which We, at Our sole discretion, believe is, or could be, construed as being illegal;

(q)Interferes with another User’s use and enjoyment of the Website;

(r)Refers to any website or URL that, at Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited, or violates the letter or spirit of these “Terms of Use”.

(s)Harms 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 sessions;

(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)Impersonates another person;

(x)Contains software virus 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 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 unauthorised 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 neither probe, scan nor 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 the 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 including the terms UrbanMedico, UrbanMedico.com, or otherwise engage in any conduct or action that might tarnish the image or reputation of UrbanMedico or the Consultants/Service Providers on the platform or otherwise tarnish or dilute any of UrbanMedico’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 UrbanMedico’s systems or networks, or any systems or networks connected to UrbanMedico.

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.

8.You may not use the Website or any content for any purpose that is unlawful or prohibited by these “Terms of Use”, or to solicit the performance of any illegal activity or other activity which infringes the rights of UrbanMedico and / or others.

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 (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of sessions 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.

10.Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.

11.From time to time, You shall be responsible for providing information relating to the sessions or services proposed to be offered by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasise the attributes of such sessions or services so as to mislead other Users in any manner.

12.You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any sessions or services, including, but not limited to, sessions or services related to those being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these “Terms of Use” to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate, at Our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorise Us to) disclose any information about You to law enforcement agencies or other government officials, as We, at Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the materials posted on the Website. UrbanMedico shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect UrbanMedico’s views. In no event shall UrbanMedico assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of the content and/or the appearance of the content on the Website. You hereby represent and warrant that You have all the necessary rights in and to all the content which You provide and all the information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

13.Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related sessions 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 Website.

14.It is possible that other users (including unauthorised 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 unauthorised 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.

15.UrbanMedico 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).

Content Posted on Site

All the text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content which UrbanMedico has no control over, as UrbanMedico is merely an intermediary for the purposes of these “Terms of Use”.

Except as expressly provided in these “Terms of Use”, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution, or for any commercial enterprise, without UrbanMedico’s express prior written consent.

You may use information on the sessions and services purposely 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 through any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents. You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, “Content”). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights to such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including, but not limited to, promotional and advertising purposes and in any media, whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Privacy

We view the 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 the Information Technology Act, 2000 and the Rules thereunder. Our current Privacy Policy is available at https://www.UrbanMedico.com/privacypolicy.

If You object to your information being transferred or used in this way, please do not use the Website.

We and our affiliates will share / sell / transfer / license / covey some or all of your personal information with another business entity should we (or our assets) plan to merge with, or are acquired by, that business entity, or re-organisation, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity would be required to follow the privacy policy with respect to your personal information. Once you provide your information to us, you provide the said information to us and our affiliate, and we and our affiliate may use the information to provide you various services with respect to your transaction whether such transactions are conducted on www.UrbanMedico.com or with a third party merchant’s or third party merchant’s website.

Disclaimer of Warranties and Liability

This Website, all the materials and sessions (including, but not limited to, medical, legal, accounting) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, expressions or implication, except otherwise specified in writing. Without prejudice to the forgoing paragraph, UrbanMedico 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.

UrbanMedico will not be liable to You in any way in relation to the Contents of, or use of, or otherwise in connection with, the Website. UrbanMedico does not warrant that this site; information, Content, materials, sessions (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. Nothing on the Website constitutes, or is meant to constitute, advice of any kind. All the Sessions sold on the Website are governed by different state laws and if a Consultant/Service Provider is unable to deliver such Sessions due to implications of different state laws, the Consultant/Service Provider will return or will give credit for the amount (if any) received in advance by the Consultant/Service Provider from the sale of such a Session which could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any session or timing related updates. We will not use your personal information to initiate any promotional phone calls or SMS’s.

Consultant

As a registered Consultant/Service Provider, you are allowed to list session(s)/services for sale on the Website in accordance with the Policies, which are incorporated by way of reference in these “Terms of Use”. You must be legally able to sell the session(s)/services you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All the listed items must be listed in an appropriate category on the Website. The listing description of the item must not be misleading and must describe the actual content of the session. If the item description does not match the actual content of the service, you agree to refund any amount that you may have received from the User. You agree not to list a single session in multiple quantities across various categories on the Website. UrbanMedico reserves the right to delete such multiple listings of the same session listed by you in various categories.

Services Payment

While availing any of the payment method(s) available on the Website, we will not be responsible or assume any liability whatsoever, with respect to any loss or damage arising directly or indirectly to You due to:

  • Lack of authorisation for any transaction/s; or
  • Exceeding the preset limit mutually agreed between You and your “Bank/s”; or
  • Any payment issues arising out of the transaction; or
  • Decline of transaction for any other reason/s.

Before providing your desired service/session to You, the Consultant/Service Provider may request you to provide supporting documents (including, but not limited to, Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online environment to Our Users. Further:

1.Transactions, Transaction Price and all commercial terms such as timing, length of sessions and/or services are as per principal-to-principal bipartite contractual obligations between the user and the Consultant/Service Provider and the payment facility is merely used by the Service user and Consultant/service provider to facilitate the completion of the transaction. Use of the payment facility shall not render UrbanMedico liable or responsible for the non-performance, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the sessions and /or services listed on UrbanMedico’s Website.

2.You have specifically authorised UrbanMedico or its Service Providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with UrbanMedico is on a principal-to-principal basis and by accepting these Terms of Use you agree that UrbanMedico is an independent contractor for all purposes, and does not have control of or liability for the sessions or services that are listed on UrbanMedico’s Website that are paid for by using the payment facility. UrbanMedico does not guarantee the identity of any User nor does it ensure that a User or a Consultant/Service Provider will complete a transaction.

3.You understand, accept and agree that the payment facility provided by UrbanMedico is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the transactions on the UrbanMedico Website using the existing authorised banking infrastructure and credit card payment gateway networks. Further, by providing a Payment Facility, UrbanMedico is neither acting as a trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Payment Facility for Service Users:

  • You, as a Service User, understand that upon initiating a transaction, You are entering into a legally binding and enforceable contract with the Consultant/Service Provider to purchase the sessions and /or services from the Consultant/Service Provider using the Payment Facility, and You shall pay the Transaction Price through Your issuing bank to the Consultant/Service Provider using the Payment Facility.
  • You, as a Service User, may agree with the Consultant/Service Provider through electronic communication and electronic records and using the automated features as may be provided by the Payment Facility on any extension / increase in the length and timing of the session and the Transaction shall stand amended to such an extent. Any such extension / increase of length and timing or subsequent novation / variation of the Transaction should be in compliance with the Payment Facility Rules and Policies.
  • You, as a Service user, shall electronically notify the Payment Facility using the appropriate UrbanMedico Website features immediately upon the performance or non-performance as provided in the Policies. Non-notification by You or non-performance within the time period specified in the Policies shall be constituted as a deemed performance with respect to that transaction. In case of transactions which involve just consultancy, the Service User is not required to confirm the receipt of sessions or services.
  • You, as a Service User, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not get the service/consultancy within the time period agreed in the transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using the Website’s features within the stipulated time then this would make You ineligible for a refund.
  • You, as a Service User, understand that the Payment Facility may not be available in full or in part for a certain category of sessions and/or services and/or transactions as mentioned in the Policies and hence You may not be entitled to a refund with respect to the transactions for those sessions and /or services.
  • A refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
  • For electronic payments, refunds shall be made through the payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
  • The refunds shall be conditional and shall be with recourse available to UrbanMedico in case of any misuse by Service user.
  • The refunds shall be subject to Service user complying with Policies.

4.UrbanMedico reserves the right to impose limits on the number of Transactions or Transaction Price which UrbanMedico may receive from on an individual valid Credit/Debit/ Cash Card / valid Bank Account, and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorised by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Service user during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

5. UrbanMedico reserves the right to refuse to process Transactions by the Service Users with a prior history of questionable charges including, without limitation, breach of any agreements by the Service User with UrbanMedico or breach or violation of any law or any charges imposed by the Issuing Bank or breach of any policy.

6. UrbanMedico may perform such checks as it deems fit before approving a session. As a result of such checks, if UrbanMedico is not satisfied with the credibility of the Service User or the genuineness of the Transaction / Transaction Price, it will have the right to reject the service commitment.

7.UrbanMedico may delay notifying the payment confirmation, i.e. informing the Consultant/Service Provider to provide services, if UrbanMedico deems suspicious or for Service Users conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, UrbanMedico may hold the Transaction Price and not inform the Consultant/Service Provider to provide a service or remit the Transaction Price to law enforcement officials (instead of refunding the same to the Service User) at the request of law enforcement officials or in the event that the Service user is engaged in any form of illegal activity.

8. The Service user and Consultant/Service Provider acknowledge that UrbanMedico will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond the control of UrbanMedico.

Compliance with Laws:

9. The Service User and Consultant/Service Provider shall comply with all the applicable laws (including without limitation, the Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and UrbanMedico Website.

Service user’s arrangement with Issuing Bank:

10. All valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a credit card payment gateway or an appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Service User and the respective Issuing Bank and the payment instrument issuing company.

11. All Online Bank Transfers from valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support the Payment Facility in providing these services to the Users. All such Online Bank Transfers on the Payment Facility are also governed by the terms and conditions agreed to between Service user and the respective Issuing Bank.

Wallet

The Wallet (“Wallet”) is a pre-paid payment instrument, which is associated with your Website account. You can maintain a balance of money with a specific Consultant/Service Provider (if permitted) or the website as a whole, and redeem it at your convenience. Please note that UrbanMedico does not assume any risk, liability or responsibility with respect to the wallet money.

The Consultant/Service Provider/UrbanMedico will not pay any interest on the amount maintained by you in your Wallet.

Refill of Wallet:Your Wallet can be refilled, using any of the pre-paid payment options only. You will be able to recharge your Wallet up to an amount of ₹50,000 in one instance. There is no need to maintain a minimum balance.

Refund of Wallet Amount:Your Wallet comprises of three types of balances – Store Credit (which is credit granted by Us, typically in lieu of a cancelled session), Topped-up Balance (which is a prepaid amount that You added to the Wallet to pay for future sessions on the Website) and Promotional Balance (which is credit granted by Us, purely for promotional or goodwill purposes). Topped-up Balance (prepaid amount) as well as the Promotional Balance added to the Wallet will be non-refundable, while Store Credit will continue to be entirely refundable.

Limitation of Liability: In no event will UrbanMedico be liable for any money lying in your credit in the wallet, any special, incidental, indirect or consequential damages or losses of any kind, arising from the use of the Wallet or association with the Wallet.

Indemnity

You shall indemnify and hold harmless UrbanMedico, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of these “Terms of Use”, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable Law

The “Terms of Use” shall be governed and interpreted by, and construed in accordance with the laws of India. The place of jurisdiction shall, exclusively, be Delhi.

Trademark, Copyright and Restriction

This site is controlled and operated by UrbanMedico and the sessions are sold by respective Consultants/Service Providers. All the material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. The material on the Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark complaint

UrbanMedico respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to UrbanMedico at contact@urbanmedico.com.

Session Description

At UrbanMedico we do not warrant that the Session Description or any other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Limitation of Liability

IN NO EVENT SHALL UrbanMedico BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to contact@urbanmedico.com

Grievance officer

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

VarunBora, B75 Diamond District, Bangalore 560071

Email: varunbora88@gmail.com

Time: Mon – Sat (9:00 – 18:00)

POLICIES

Profanity Policy

UrbanMedico prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to text within listings, on Consultant/Service Provider pages and all other areas of the site that another User may view. If the profane words are a part of a title for the session sold, we allow Consultants/Service Providers to ‘blur’ out the bulk of the offending word with asterisks (i.e., s*** or f***). Please report any violations of this policy to the correct area for review: report offensive Display Names, report offensive language in a listing or otherwise. If a feedback comment; or any communication made between the Users on the Website; or email communication between the Users in relation to transactions conducted on the Website contain profanity, please review Our Feedback Removal Policy and submit a request for action/removal. Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning. UrbanMedico will consider the circumstances of an alleged policy violation and the user’s trading records before taking action. Violations of this policy may result in a range of actions, including:

  • Limits placed on account privileges;
  • Loss of special status;
  • Account suspension.

If UrbanMedico has a suspicion, or knowledge, that any of its Service Users and Consultants/Service Providers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then UrbanMedico may, while reserving its rights to initiate civil and/or criminal proceedings against the User, at its sole discretion suspend, block, restrict, cancel the Display Name of such a Service User and the Consultant/Service Provider and /or disqualify that User and any related Users from availing protection through this program.

UrbanMedico reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, UrbanMedico may, at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

Disputes (Resolutions) Policy

Overview

Generally, transactions are conducted smoothly on UrbanMedico. However, there may be some cases where both the Service Users and the Consultant/Service Providers may face issues. At UrbanMedico, we have a Dispute Resolution process in order to resolve disputes between the Service Users and the Consultants/Service Providers.

What is a ‘dispute’?

A ‘Dispute’ can be defined as a disagreement between a Service User and a Consultant/Service Provider in connection with a transaction on the Website.

How does a ‘dispute’ occur in the Marketplace?

Disputes are filed as a result of a disagreement between the Service User and the Consultant/Service Provider. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue. It is important that before a Service User/Consultant/Service Provider raises a dispute, they should attempt to solve the issue. Please note that whenever a Service User raises a dispute, the Consultant/Service Provider’s payment for that order is put on hold immediately until the issue is resolved.

How is a ‘dispute’ created?

Whenever there is a disagreement, the Service User or the Consultant/Service Provider can write to varunbora88@gmail.com in order to raise a dispute. Disputes can be raised at a particular transaction level.

Service User Protection Program:

We try our best to satisfy our service users and prevent any fraudulent activities by Consultants/Service Providers. You may contact us through the appropriate link available on the website and we shall verify in-depth with the customers and with the consultant about the merits of each case and decide accordingly and our decision is final and binding.

Service user Protection Program Eligibility and Restrictions

  • Only the Service Users who have purchased paid the session on UrbanMedico are eligible for the Service User Protection Program.
  • Service Users can file a dispute within 72 hours from the performance of session/service whichever is later.
  • To be able to take advantage of the Service User Protection Program, Service Users should first contact the Consultant/Service Provider and attempt to resolve the issue. If the Service User doesn’t hear from the Consultant/Service Provider or is unable to resolve the issue with the Consultant/Service Provider even after contact, a dispute can be raised with UrbanMedico by writing an email to varunbora88@gmail.com.
  • Fraudulent charges and claims are not covered under the Service User Protection Program.
  • If the Service User has already initiated chargeback through the credit card issuing bank, it will not be covered under the Service User Protection Program, though in such cases a Consultant/Service Provider can file a claim through the Consultant/service provider Protection Program.
  • Blacklisted and Blocked Service users are not covered by the Service User Protection Program.
  • Service Users who have reached their maximum lifetime limit for claims are also not eligible. Service Users can make a maximum of 5 claims per year on UrbanMedico. If the claim was withdrawn, it is not counted. The coverage amount will be limited to ₹10,000.
  • Through the Service User Protection Program, UrbanMedico does not provide any guarantee/warranty to Service users for sessions sold on UrbanMedico against technical issues.
  • Raising disputes against Consultants/Service Providers does not automatically entitle the Service User to a refund for the session purchased. UrbanMedico shall verify the disputes so raised and may process only such claims which are valid and genuine.
  • UrbanMedico shall, at no point, be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Service User/Consultant/Service Provider.
  • Claims of the nature of ‘Service user remorse’ (i.e. instances where sessions are bought by the Service user by mistake or where the Service user chooses to change his/her mind with regard to the session purchased by him) will not be entertained through this program.
  • UrbanMedico reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, UrbanMedico may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.
  • Decisions made by UrbanMedico under the Service User Protection Program shall be final and binding on its Users.
  • UrbanMedico reserves the right to modify / discontinue Service User Protection Program without any prior notice period to its Users.
  • Through this program, UrbanMedico shall not entertain the claims of Service Users who have incurred losses due to delayed or cancelled sessions by the Consultant/Service Provider.
  • The UrbanMedico Customer Support Team may seek additional information / clarification from the Service User to facilitate the resolution of the dispute. In the event that the Service User does not respond with the information / clarification sought within 5 days of such a request, the dispute shall be auto-closed in favor of the Consultant/Service Provider.

Disputes via Chargeback

Whenever a chargeback (CB) comes from a payment gateway/bank, the following situations may arise:

1. Item not received CB – The Service User hasn’t received the item. Refund will be created in accordance with the dispute policies.

2. Unauthorised CB – The Service User hasn’t made this particular transaction. A refund will be created in accordance with the dispute policies.

The Consultant/Service Provider expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Consultant/Service Provider. Furthermore, the Consultant/Service Provider shall ensure that invoices state “Powered by UrbanMedico” and failing to do so, the Consultant/Service Provider will be liable for chargebacks (as applicable).

3. Item not as described -Meaning that the item was not what the Service User expected. Dispute will be decided in accordance with the dispute policies.

Email Abuse & Threat Policy

Private communication, including email correspondence, is not regulated by UrbanMedico. UrbanMedico encourages its Users to be professional, courteous and respectful when communicating by email.

However, UrbanMedico will investigate and can take action on certain types of unwanted emails that violate UrbanMedico policies.

Such instances:

Threats of Bodily Harm – UrbanMedico does not permit Users to send explicit threats of bodily harm.

Misuse of UrbanMedico System -UrbanMedico allows the Users to facilitate transactions through the UrbanMedico system, but will investigate any misuse of this service.

Spoof (Fake) email – UrbanMedico will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through the ‘Contact Us’ tab.

Spam (Unsolicited Commercial email) — UrbanMedico’s spam policy applies only to unsolicited commercial messages sent by UrbanMedico Users. UrbanMedico Users are not allowed to send spam messages to other Users.

Offers to Buy or Sell Outside of UrbanMedico – UrbanMedico prohibits email offers to buy or sell listed sessions outside of the UrbanMedico Website. Offers of this nature are a potential fraud risk for both the Service Users and the Consultants/Service Providers.

UrbanMedico policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.

Violations of this policy may result in a range of actions, including:

Limits on account privileges

Account suspension

Cancellation of listings

Loss of special status

Other Businesses

UrbanMedico does not take responsibility or liability for the actions, sessions, content and services on the Website, which are linked to Affiliates and / or third party websites using the Website’s APIs or otherwise. In addition, the Website may provide links to the third party websites of Our affiliated companies and certain other businesses for which, UrbanMedico assumes no responsibility for examining or evaluating the sessions and services offered by them. UrbanMedico do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). UrbanMedico does not endorse, in any way, any third party website(s) or content thereof.