srsphysicians: Terms & Conditions For Use Of The Marketplace

This document is an electronic record in terms of Information Technology Act, 2000 and rules made 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 user agreement for access or usage of www.srsphysicians.com website. 

Definitions and Headings - The definitions, headings and subheading herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the TOS or the right to use the Website or Site or App by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

"Agreement" means the terms and conditions as detailed herein including all schedules‚ Appendices‚ Annexures‚ Privacy Policy‚ and will include the references to this Agreement as amended‚ novated‚ supplemented‚ varied or replaced from time to time."

"srsphysicians"/ "srsphysicians.com”/ "Website" / "Site" means the Online Health Care Marketplace platform owned and operated by Arha Retail Place Private Limited (OPC )‚ which provides a venue to the users of srsphysicians.com to buy or sell the products or services listed on srsphysicians.com, the Online Health Care Marketplace platform. 

"Merchant" / "Vendor"/"Seller"/ "Doctors or Specialists" / "Any Other Person" shall mean the merchants or who shall sell the products or services or give an appointment or provide consultation to the customers on the srsphysicians.com website. 

"Customer" / "Buyer" / “Patient” shall mean the person or any legal entity who accepts the offer for sale or services or consultation on srsphysicians.com, by placing an order for services or consultation and or purchases of any products offered for sale on srsphysicians.com or offers to avail any of our or our associates services, the Online Health Care Marketplace platform. 

"User"/ "You" / "Your" / “They” means and includes you and/or Vendor Development Associates or Category Independent Contractor(CIC)-City-Wise(CW) or Affiliates or any person or an entity including Merchant/Vendor/Seller/Customer/Deliverer/Contractors and so on using or accessing the services provided on this Site. 

"Territory" shall mean the Republic of India. "Overseas" / "International" means other than the Republic of India. 

"Product's" means the goods, services promoted / displayed on the Site and offered for any use / sale.

Sellers / Contractors required to furnish certain documents for authorization & further need to sign additional agreements based on their respective roles as and when required; This Internet Web Site User Agreement (the "Agreement") is between you and srsphysicians.com owned by "Arha Retail Place Private Limited (OPC)" with registered office at 301 T.V.K.Residency, Journalist Colony, Road No.3, Banjara Hills, Beside TV9, Office Lane, Hyderabad-500034, Telangana, India. 

Your use of the Company's Internet Web Site (the "https://srsphysicians.com") is subject to the following terms and conditions of use:

1) Use of srsphysicians.com – You agree to read these terms and conditions of use carefully before using this website of ours. Use of the Web Site signifies your unconditional agreement to the terms and conditions of this Agreement. If you do not agree to all of these terms and conditions of use, do not access or otherwise use this Web Site.

2) Age Barrier - You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors etc. are not eligible to use this site. If you are a minor i.e. below the age of 18 years and business entities or any organizations that are legally not authorized to operate in India then you are not permitted to use any of our services. You should not have more than one active Account on the Website & legally not allowed either in buying or in selling, trading, or otherwise transferring your Account to another person.

3) Registration, Verification & Identity – In order to use the Healthcare Online Marketplace Services, you will be required to register with SRSPHYSICIANS.COM, the Online Marketplace Platform and create a personal secure online record. We reserve the right to suspend or terminate access at any time if we believe that your continued use of our services will prejudice others or us. By registering to use the SRSPHYSICIANS.COM, the Online Marketplace Services, you:

a) confirm that the information you provide is accurate and complete; and

b) agree to keep your username and password confidential and to take reasonable steps to protect and not to share the login details for your online patient record with anyone; and

c) confirm that you are aged 18 or over.

We may use our technology  to verify that the registered users or merchants or patients are genuine - this is a legal requirement for some of our services and is performed once only, if applicable & required.  Verification will take place at your first applicable order after implementation whether you are a new or existing patient.

Where applicable, the information provided by you at registration and/or checkout will be validated by OTP verification and used for the purpose of identity verification. Your rights are set out in our Site Privacy Policy.

By registering with us and using our services, you agree as follows:

a) SRSPHYSICIANS and/or any of their appointed agents or mechants can carry out all necessary searches, in order to verify your information.

b) It is your responsibility to have read SRSPHYSICIANS Privacy Policy and You agree to all your personal information being processed in accordance with SRSPHYSICIANS Privacy Policy.

c) You confirm to the best of your knowledge having exercised all due skill and care that the information you have given is complete, true and correct.

d) You will view our Privacy Policy for further information on what we do with your data.

4) Acceptance of Terms of Use - This Agreement shall continue to be in full force for as long as you are using the srsphysicians.com online service. srsphysicians.com online marketplace services provides online shopping platform in regard to certain merchandise wherein the user can purchase/buy the merchandise listed on the srsphysicians.com pursuant to the terms and conditions set forth below. By clicking on the [Agree and Continue] button or submit‚ you are agreeing to use the Services in a manner consistent with and abide further by the terms and conditions of this Agreement‚ our Privacy Policy‚ and other Policies and Practices with all applicable rules and regulations of this website.

5) Sales Territory - The offer is applicable for customers in India and the delivery can be made only within the geographical territory of India as and where applicable.

6) Order Acceptance - In our Website your online orders are mere offers, and neither the charging of your credit card, debit card, internet banking constitutes a binding contract of sale. We are bound by a contract of sale only when your order is accepted and we acknowledge your payment by credit card via email sent by us to you. If we reject your order, you will not receive any email from us .

7) Warranty - The statements in the Online Platform and any informational material, as well as product descriptions, are for information only and not warranty of a particular quality of the purchased products, unless particularly specified otherwise.

8) Offer - The Shopping Cart page shows the description, quantity and price of the items you place in your shopping cart. In the course of placing your order, you will be asked to provide personal information and shipping instructions. On the Information Summary page, you may view all relevant information you entered. To continue with your order, you must read the Terms and Conditions and tick the box if you agree.

9) Currency - All the prices in this website are in Indian Rupees.

10) eCommerce Retail Price - All our prices are inclusive of Goods & Service Tax (GST), taxes and duties and other statutory fee/cess or any other charges levied there in from time to time. The price is valid when your order is accepted.

11) Shipping Charges - The shipping charges are not included in the pricing which will be paid extra or may be free. On the other hand, the options of shipping charges will be in accordance with the notification or as declared on this website by the respective "Merchants" individually.

12) Pricing and Price Correction - All prices on this website are in Indian Rupee and excluding GST unless expressly stated otherwise. The seller will ensure to take care that all their pricing information on our website is accurate but occasionally there may be an error. In the event that an error has occurred and the price charged is too high, the seller will identify all those that have overpaid and refund the difference to the buyers. Seller reserves the right to correct any price, typographical or other errors, and will notify you accordingly, giving you the option to cancel or to proceed with your order based on the correct price or other entry.

13) Services and its Fees - Membership on the Site is free. We reserve the right to charge listing fees for certain listings, as well as transaction fees, marketing fee as per our vendor plans for use of our Marketplace Services. We further reserve the right to alter any and all fees from time to time, without notice.

14) Payment Methods - Payments are made only by credit card, debit card, internet banking in the secure environment of a reputable Payment Service Provider. You will find payment made to us on your bank statement under the name " M/s. Arha Retail Place Private Limited ( OPC )". No additional costs are charged for credit card payments. In making a binding offer, your authorization to debit your credit card is required; however, authorization to debit payment does not constitute acceptance on our part of your order nor does it constitute a contract of sale between you and & www.srsphysicians.com. SRSPHYSICIANS only facilitates such a transaction by way of this medium of sale and purchase through this website.

15) Payment Authentication - The SRSPHYSICIANS.COM upon successful verification of your payment information, it will process the order or orders to affect the despatch or despatches to the respective location with address provided or notified by you. Orders of several products may be shipped together or separately.

16) Delivery Subject to Address Specific - All the consignments shall be consigned to the specific address ( with complete postal & physical address ) only and not to person and time specific ( without any postal and physical address ). Under any circumstances the company will not accept orders from any customers on collection basis from the vendors / sellers.

17) Sales / Invoice / Delivery Place - All the sales are within the republic of India and hence the invoicing, packing list and consignment will made within India alone. You are responsible for the correctness of all shipping information notified to bressencials.com. You are further responsible for all charges and costs consequent to the shipment made to an erroneous address notified/provided by you.

18) Despatch of shipments - All the consignments will be despatched within the estimated time shown as per seller set delivery time schedules from the date and time of your receiving your commercially clear order.

19) Returns – All the returns are subject to the terms and conditions of the respective merchants or sellers or other service providers listed and specified on our site.

a) Returns by seller - Seller will submit a return policy (the “Seller Return Policy”) in their Terms and Conditions section provided on the website. The Seller Return Policy must (i) apply to all Merchandise, (ii) outline the process for Users to return the Merchandise directly to Seller, and (iii) be at least as accommodating to User returns as the ARPPL Return Policy. Seller agrees to honour all User returns in accordance with the Seller Return Policy published at the time of the User's purchase of Merchandise. For all of your products you will accept and process returns, refunds and adjustments in accordance with this marketplace seller agreement and the ARPPL Refund & Return Policy published on the Site at the time of the applicable order, and we may inform customers that these policies apply to your products. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts are to be paid by you to buyers for their purchases via ARPPL marketplace platform. You will promptly provide refunds and adjustments that you are obligated to provide under this agreement of applicable ARPPL Refund and Returns Policy, Notification of errors detailed in this agreement and as required by law, and in no case later than thirty (30) days after the obligation arises.

b) After having placed a confirmed order by the buyer and by any chance if the merchant has not despatched or delayed in delivery and as a result, the buyer has a right to cancel the order and request for refund.

c) Returns by Clinicians - Please note, if you cancel your clinicians consultation more than 60 minutes before it starts you will receive a full refund, If you cancel your consultation less than 60 minutes before it starts, you will not be entitled to a refund. However, refer to the actual cancellation terms and conditions of individual doctors or clinicians while placing an appointment or order. SRSPHYSICIANS is under no circumstances is liable for such issues and cancellations. It is an absolute agreement between the merchants & the patient or buyer as applicable based on the type of services or transaction or transactions.

d) Returns for Non-prescribed goods or OTC - For goods that do not require a prescription, you have the right to cancel your order within fourteen calendar days of receipt subject to the respective Seller or pharmacy’s terms and condition of Cancellation and Return Policy. To avoid any doubt, this right does not apply to prescribed medicines.

e) Returns for Other Services - For any other service that requires Care which is not a medicine but requires to provide a service alone or a service like Home Health Aides or any other services where they have begun to provide the services with your agreement, you have the right to cancel the contract subject to the terms and conditions of the respective  Home Health Aides as applicable. However, where Home Health Aides have already begun to provide that service at your request, you will still be liable for costs relating to the service that have already provided. 

20) Privacy Policy - You represent that you have read understood and agreed our Privacy Policy.

21) Information and Material - The Company may gather, process and use information and materials received from you (e.g., name, physical address, e-mail address) or collected through your use of the Web Site for any lawful reason or purpose.

22) Disclosure of Information - The Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the Company's sole discretion are objectionable or in violation of this Agreement.

23) Customer Support - If you have any questions or comments, just let us know and we'll be happy to help or implement. You may please do this by sending an email to [email protected].

24) Product and Services Information - From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

25) Merchant / Vendor / Seller - You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees including unsettled bills to SRSPHYSICIANS.COM  as detailed and agreed by merchants / sellers while their online registration.

26) Communication Channel - Our website "www.srsphysicians.com" is a channel of communication whereby the Users can reach a larger base to buy and sell items or services. srsphysicians.com is only providing a marketplace platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall any right, title or interest over the items vest with srsphysicians.com nor shall srsphysicians.com have any obligations or liabilities in respect of such contract. SRSPHYSICIANS is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered, returned undelivered or otherwise unavailable including any other services. All items are offered only for a restricted time and only for the available supply/till stock lasts. SRSPHYSICIANS.COM is not responsible for any delayed performance, non-performance or breach of contract entered into between You and the merchant for purchase and sale of goods or services offered by such Merchants on the Website;

27) Payment to Vendors / Sellers - All online payments are paid directly to the vendors and srsphysicians.com have no role in dealing with it and further will not be held responsible under any circumstances. However, as and when any changes takes place in payment structure shall be notified in this agreement accordingly.

28) Indemnity - As a user, you hereby agree to defend, indemnify and hold harmless the Company, and all its officers, directors, agents, employees, information providers, affiliates, licensors and licensees from and against any and all liabilities, claims, penalties, losses, damages, cost and expense (including court costs and reasonable attorney's fees, interest expense and amounts paid in compromise or settlement), suits or actions arising out of or resulting from any breach by you of this Agreement, including the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defence of any claim.

29) Copyrights Protection - The Web Site is protected by one or more copyrights pursuant to Republic of India copyright laws, international conventions and other intellectual property laws. You will abide by any and all copyright notices, trademark notices, ownership information or restrictions contained in any Content on the Web Site. You may download and make copies of the Content and other downloadable items displayed on this Web Site, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content on the Web Site for reproduction, redistribution or publication to third parties for commercial purposes is expressly prohibited without prior written permission from the Company. All rights to the Company's copyrighted materials not expressly granted herein are reserved by the Company.

30) Amendments - The Company reserves the right, at its sole discretion, from time to time to change, modify, add or remove , suspend or discontinue any aspect of the Web Site, in whole or in part, at any time including the availability of any Web Site feature, database or Content. The company may also impose limits on certain features and services or restrict your access to parts or all of the Web Site without notice or liability. Notification of changes in the Agreement will be posted on the Web Site.

31) You represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Web Site any materials which: (i) restrict or inhibit any other user from using and enjoying the Web Site; (ii) are unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or governmental regulation; (iv) violate, steal or breach the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contain a virus or other harmful or destructive elements; (vi) contain any information, software or other material of a commercial nature; (vii) contain advertising of any kind; or (viii) constitute or contain false or misleading indications of origin or statements of fact

32) Links - The Web Site may contain hypertext links and pointers to the other World Wide Web Internet sites and resources operated and controlled by third parties. Links to and from the Web Site to such third party sites do not imply or constitute an endorsement by the Company of any third party material or contents. These links are provided only for your convenience and we have no control over and will have no liability in respect of those websites.

33) The Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site.

34) No Warranty - THE COMPANY WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY WEB SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. FURTHER, THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. THE COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO THE WEB SITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THE PRECEEDING LIMITATION MAY NOT APPLY TO YOU.

35) Some comments and information on the Website may be based upon the Company's management's current expectations, estimates and/or projections about the Company's markets and industries. These statements about the Company are forward-looking statements which are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict. Therefore, actual outcomes and results may differ from what is expressed or forecasted. Among the factors that could cause actual results to differ are uncertainties in competitive pricing pressures, general domestic and international economic conditions and market demand.

36) Commnication - By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Web Site, you hereby grant to the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise fully exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with such Communications.

37) Confidentiality - You acknowledge that Communications involving the Website are not confidential and that Communications may be read or intercepted by others. You acknowledge that by submitting Communications to the Company, no confidential, fiduciary, and contractually implied or other relationship is created between you and the Company other than pursuant to this Agreement.

38) Emergency Services – SRSPHYSICIANS is not an emergency service platform and is not to be used if you are having a medical emergency. 

If you believe that you are in an urgent or emergency situation you should immediately contact EMERGENCY SERVICE PROVIDERS of your city or town.

You should call them IMMEDIATELY in a critical or life-threatening situation, such as if you or someone has:

a) difficulty breathing;

b) severe bleeding and it can't be stopped;

c) severe chest pain;

d) a severe allergic reaction;

e) severe burns or scalds; 

f) loss of consciousness;

g) major trauma such as the result of a serious road traffic accident, a stabbing, a shooting, a fall from height or a serious head injury; 

h) or acute confused states and fits which aren't stopping,

i) or if you believe someone is having a heart attack or stroke;

j) suicide attempt by taking something or self-harming.

We reserve the right to change these terms and conditions at any time. The new version will be posted on this website and will take effect immediately upon posting. If you disagree with any part of these terms, then you should not use our Services.

39) Clinicians Commitment – The clinicians signify their assent to these Terms and Conditions and further commits to:

a) Professional responsibility - Take professional responsibility for each patient who uses the srsphysicians.com services to the same extent as a doctor would have responsibility when meeting a patient face to face.

b) Compliance - You will be in compliance of all applicable laws while using our website and provide a professional and transparent service that complies with General Medical Council Guidelines on remote prescribing, the Fundamental Standards as interpreted by India's healthcare inspectorate, the All India Medical Council and clinical best practice in India.

c) Provide identification - Volunteer their name and General Medical Council/General Pharmaceutical Council professional registration number when prescribing medicines and communicating with patients.

d) Barred - You represent and warrant that you are not an individual barred from receiving the Practitioner Services under the laws of India.

e) Free from any offences - You agree that you are free from any complains for medical negligence or medical violations and no cases pending in any court of law for judgement or given judgement against you either in India or abroad. If you happen to have any such issue then you should not list yourself as a RMP on our site.

f) Territory - You are qualified to provide medical services within the territory of India.

g) Licenses - You have attained all licenses as required by law to provide medical services and have not committed any act or omission that might prejudice its continuance or renewal.

h) Physician Account ("Vendors Account") - You will have to register and create a Physician Account ("Vendors Account") as per our vendor plans of this website with certain required information for you as a RMP to avail our online healthcare marketplace platform services.

i) Account Maintenance and Representation - If you authorize your employees or associates or individuals or hire someone or persons (collectively known as your maintenance team) to use your Physician Account to access and use on your behalf, subject to submission with this Agreement, that you would give necessary training to  all such maintenance team to strictly adhere to the terms and condition of this user agreement including all our legal policies under different headings to avoid any misuse and misrepresentation. Further, you accept that the persons have taken all requisite approvals from you, on whose behalf, those persons are acting on the website only after having fully authorized by you. In the event of any violations by your account maintenance team, you agree to take applicable punitive action against such individuals. in the event of any loss or damages caused to our company or any Users by unlawful actions and activities by your maintenance team or you as a result of access and use of your account will be solely responsible and liable for the consequences with all costs, penalties and all kinds of fees and claims.

j) Misrepresentation - You will not or attempt to impersonate any other physicians, person or an entity,

k) Prescribe in the best interest of the patient - Prescribe medicines only when in their professional judgement it is in the patient's best interests to receive the medicine being requested and, accordingly, to refuse to prescribe medicines when they believe it is not in the patient's best interests to receive medicines without the benefit of a face to face consultation.

There are certain medicines that will not be issued by Clinicians in any circumstances, which include:

• controlled medication, such as strong painkillers, anxiolytics, sedatives and hypnotics and
• medication that requires specialist prescribing and monitoring; and
• medication that needs to be administered by injection (other than those listed on our website

l) Abusive Behaviour - You will treat the patients with respect and you agree further that in the event of unmannerly or offensive behaviour by you or your associates, we are within our rights to deactivate your physicians account as and when notified by patients to us.

m) Accountability for consultation - You are wholly accountable for the services that you would provide as a RMP to the user or the patient or the patient’s representatives or affiliates, as well as for any consequential or related loss or damages.

n) Sub-license - You will not transfer, assign or sublicense your vendor account or right to use as a RMP services to any other party;

o) Privacy - Take all reasonable steps to protect patients' personal information as described in our Privacy Policy.

p) Professional responsibility - Take professional responsibility for each patient who uses the srsphysicians.com services to the same extent as a doctor would have responsibility when meeting a patient face to face.

q) Compliance - You will be in compliance of all applicable laws while using our website and provide a professional and transparent service that complies with General Medical Council Guidelines on remote prescribing, the Fundamental Standards as interpreted by India's healthcare inspectorate, the All India Medical Council and clinical best practice in India.

r) Provide identification - Volunteer their name and General Medical Council/General Pharmaceutical Council professional registration number when prescribing medicines and communicating with patients.

40) Patients Commitment - As a patient, you commit to:

• Accurate information - Answer all questions truly and fully.
• Personal registration - Not to register more than once.
• Registration for someone other than yourself - Not to register or complete questionnaires on behalf of anyone other than yourself.
• Comply with instructions - Read carefully, each message uploaded into your secure online patient record before taking any medicines that our website clinicians have prescribed and to comply with any instructions given for each medicine. If you are uncertain as to how to use a testing kit or take any medicine that was provided to you, you will contact the pharmacy from whom you had purchased the medicines and not use the kit or medicine until you have sufficient information either from  the clinicians or pharmacy   of medicine supplied and understand the correct instructions.
• Decisions at Online Doctor Services - Accept the Online Doctor services’ decision when the clinician determines that it is not in your best interests to receive the requested medicine without the benefit of a face-to-face consultation.
• Abusive Behaviour - Treat the Clinicians with respect. In the event of such behaviour, we are within our rights to deactivate your patient record as and when the Clinicians have notified it.
• Protect medicines - Ensure that no one other than yourself has access to any medicines that the pharmacies make available to you.
• Expiry date - Ensure that any medicines prescribed in advance of need are not used beyond their expiry date.
• Notify side effects - Inform Online Doctor via your online patient record if you experience any side effects from any medicines that make available to you or if you think that, any medicine pharmacy or medical shop made available to you has not been effective.

41) Concluding a binding contract of Prescription Medicines -

Prescription medicines are also called as prescription drugs that can only be made available to a patient on the written instruction of an authorised health professional. In addition, the customer is required to attach or upload a copy of such prescription on the Site. The merchant, with respect to any drugs or pharmaceutical products, may distribute only those quantities as are itemized in the doctor’s prescription. The merchant or merchants will verify the prescription sent by you and in the event of any inconsistency witnessed by the merchants, and then the merchant may cancel the order placed by you. The execution of your order is regulated by the merchant and not srsphysicians.com.

42) Substitutes of Prescription Medicines - You acknowledge that and accept as per the extent applicable laws of India within its territory that the order for substitute prescription medicine would only be administered subject to:

a)  A registered medical practitioner has permitted / approved / provided consent to  substitute a ‘generic’ or ‘therapeutic’ drug instead of the prescribed brand or a different brand if the prescribed brand is not available.

b)  A registered medical practitioner has permitted / approved / provided consent to  substitute a ‘generic’ or ‘therapeutic’ drug instead of the prescribed brand or a different brand if the prescribed brand is not available.

c)  A registered medical practitioner has permitted / approved / provided consent to a product that is generically equivalent to the prescribed product, with the same active ingredients in the same dosage form, and identical in strength, concentration and route of administration'.

d) Your approval in respect of such substitution of the prescribed drug.

Any substitutes of prescription medicines are dispensed only on receiving the final consent from you & your healthcare consultant, the doctor i.e., one who prescribed the medicines.

44) Invitation to offer for sale - The listing of drugs and other pharmaceutical products on the Website by the Retail Pharmacies is purely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by You is an offer to purchase an item and will not be binding on the pharmacies or medical shop until dispatch a testing kit or other goods, or otherwise commence a clinical service, whichever occurs first. Retail Pharmacies (“Offer”). The acceptance of the Offer would only be undertaken by the Retail Pharmacy(s) after the validation/ verification of the prescription by such Retail Pharmacy (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant Retail Pharmacy(s) (in the case of prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to You. It is hereby clarified that any reference of the term ‘offer/ offered for sale by the Retail Pharmacy(s), as appearing in these Terms, shall be construed solely as an ‘invitation to offer for sale’ by any such Retail Pharmacy(s).

44) Transfer of Property and Completion of Sale - Upon acceptance of the Offer by the concerned Retail Pharmacies or Retail Medical shops or stores, the Products and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by you. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Retail Pharmacy, wherever required under the applicable law(s). You agree and acknowledge that the property and title in the Products and Services ordered by you & shall stand immediately transferred to you upon the dispensation of Products and Services and the raising of the invoice at the concerned Retail Pharmacies. Accordingly, the sale of Products and Services executed at the concerned Retail Pharmacy itself. The invoice in relation to the Products and Services that are required to be delivered to you shall be issued by the concerned Retail Pharmacy (being the brick-and-mortar pharmacy) which is to process and satisfy the order for such Products and Services.

45) Delivery of Orders - The Products and Services shall be delivered by the Retail Pharmacies or independent contractors. You accept and acknowledge that the courier / delivery personnel, engaged by the Retail Pharmacies or the Company, shall be Your Agent for the delivery of the Products and Services from the concerned Retail Pharmacies to the address notified by You, with no control over the Products and Services and no additional obligation apart from standard delivery obligations and duty of care. You further agree and acknowledge that such courier/ delivery personnel acts as your agent for collecting the medicines from the Retail Pharmacy. The services are being undertaken by your agent with your consent and therefore the srsphysicians.com is merely facilitating this, and will have no liability or responsibility in this regard.

46) Notification of errors - You should check the content of each delivery promptly upon receipt. If you believe that items have been sent to you in error you should contact the respective merchant immediately via phone directly or your online patient record.

47) Diagnostics Services - The Company as a marketplace platform facilitates Users to avail diagnostic test / package facilities offered by the respective diagnostic centres or Labs on website of srsphysicians.com. Labs are responsible for providing services (including allied services such as sample collection, conducting tests, generating reports, etc) to the Users in regards to the diagnostic test / package facilities availed by them through the Website. Further, the Company shall in no circumstances shall be responsible for services (including allied services such as the sample collection, conducting tests, generating reports etc) provided. The Company only provides facilitation services to the Users of the Website. User and the Labs agree to use of the Website and the materials provided therein only for purposes that are permitted by: (a) these Terms; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.

Notwithstanding anything to the contrary contained herein, Labs alone shall be liable for Labs’ dealings and interaction with the Users who avail the services of the Labs or diagnostic centres contacted or managed through the Website and the Company shall have no liability or responsibility in this regard. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Labs or any diagnostic centre or any third party through the Website. The Company may, at its sole discretion, suspend Labs’ or Users’ ability to use or access the Website at any time while the Company investigates complaints or alleged violations of these Terms, or for any other reason. The Company has the right to edit profiles of Labs to make them more suitable for package searches on the Website. If Labs and/ or Users find any wrong information on the Website in relation to such Labs and/or User, they may contact the Company immediately for such corrections. The Company shall have no liability or responsibility in this regard.

48) Medical Advice - We do not provide medical advice. The contents of the website, such as text, graphics, images, and other materials created by srsphysicians or obtained from srsphysicians licensors, and other materials contained on the srsphysicians.com website (collectively, "Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the srsphysicians.com website. If you think you may have a medical emergency, call your doctor immediately. SRSPHYSICIANS does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by srsphysicians, srsphysicians employees, others appearing on the website at the invitation of srsphysicians, or other visitors to the website is solely at your own risk.

49) Online Doctor Consultancy - The Company facilitates provision of healthcare products and services to the Users. The words “Your Physician” or “Your Doctor” or “Healthcare Provider” or similar words on the Website shall mean any registered medical practitioner (RMPs) enrolled in the State Medical Register or the Indian Medical Register under the IMC Act 1956 with whom the User has a doctor-patient relationship. Any consultation services availed through the Website are fulfilled by independent RMPs made available or listed on our website through third party service provider. These RMPs are not related to the Company but merely provide their services to You with Your consent. The Company hereby explicitly states that it does not provide any kind of tele medical consultation to its Users/You.  We are not responsible if the User (both clinicians and patients) cancels the appointment later or does not inform you of a cancellation in advance.

You acknowledge that the content, text, data, graphics, images, information, suggestions, guidance, blogs, information and other materials that is provided to You on the Website should be used for information purposes only and do not constitute medical advice and should not be relied upon as a substitute for sound professional medical advice, evaluation or care from a doctor except for any advice, information or direction obtained by You directly from Your Doctor. You agree and acknowledge that the RMPs (as available through third party service providers) are independent contractors, whose services are being availed by You upon Your implied/ explicit consent and hence, the Company, in no event, shall be directly or vicariously liable for any advice, medical consultancy or any other loss arising pursuant to Your engagement with RMPs. Your reliance on such RMPs is solely Your responsibility and at Your sole discretion, and the Company assumes no responsibility and/or liability in relation to Your consultation/communication with such RMPs, including but not limited to the quality of services offered by such RMPs, which shall at all times be at Your sole risk and responsibility. In the event of any non-compliance or malpractice by any such RMPs, You affirm that You will bring to our immediate attention, any such incidence, for us to take necessary actions required under applicable laws and raise it with the third-party service providers. Further, You affirm that You shall not take any action against the Company for any acts (or omission) of the RMPs.

You agree and acknowledge that any e-prescription issued pursuant to any online consultancy service as availed by You, shall be issued by Your Doctor and in compliance with applicable laws of India. Where such prescription is not constituted as a valid prescription, the same would not be used for dispensation of medicines by any pharmacist including the Retail Pharmacies. We only act as an intermediary; and in the event You request the respective pharmacy or medical shop to enable the processing of the e-prescription or any form thereof (whether original or scanned copy of the original prescription) and We assume no responsibility and/ or liability in relation to the dispensation of the medicines, which shall at all times be at Your sole risk and the sole responsibility of the Retail Pharmacies supplying the medicines to You. Reliance on any information provided on the Website is solely at Your own risk. You should follow the advice of Your Doctor at all times. The services are not for use in medical emergencies or for critical health situations and may not be the best solution where a face-to-face consultation is required. Your sole discretion shall apply in such cases. In case of any medical emergency, You should call Your nearest doctor/hospital or any related helpline and seek immediate medical assistance without any delay and should under no circumstances, delay seeking advice from your nearest doctor/hospital on account of something that You may have heard/viewed on the Website.

Further, it is your responsibility for ensuring that the information submitted is accurate and the Company shall not make any effort to validate any information provided by You for using the services. The opinions, statements, consultation via digital mode provided by the RMPs shall not reflect the opinions of the Company, its affiliates etc. The Company makes no warranty that the services will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data, or any service interruption caused by the Company employees. The Company is not responsible for transmission errors and corruption of data.

50) Doctor Consultation at clinic – In case of Online Appointment for Consultation at clinic, we just act as a facilitator for providing appointment services for you to book an appointment with your preferred RMPs as per the available slots of the respective clinicians.

The entire reliance and consultation is a doctor and patient relationship between You and your Clinicians.

Your reliance on such RMPs for consultation at clinic or clinics are solely Your responsibility and at Your sole discretion, and the Company assumes no responsibility and/or liability in relation to Your consultation/communication with such RMPs, including but not limited to the quality of services offered by such RMPs, or any other issues arise which shall at all times be at Your sole risk and responsibility.

51) Doctor Consultation at home visit – In case of Online Appointment for Consultation at Home, we just act as a facilitator for providing appointment services for you to book an appointment with your preferred RMPs as per the available slots of the respective clinicians.

The entire reliance and consultation is a doctor and patient relationship between You and your Clinicians.

Your reliance on such RMPs for consultation at home visit is solely Your responsibility and at Your sole discretion, and the Company assumes no responsibility and/or liability in relation to Your consultation/communication with such RMPs, including but not limited to the quality of services offered by such RMPs, or any other issues arise which shall at all times be at Your sole risk and responsibility.

52) Prescription for Consultation on phone – In case of Online Consultation, the prescription has to be provided at your discretion and we will in no way be held liable for the content of the prescription and for the provision or lack of provision of the same to the User. You undertake to upload the scanned prescription copy of your written prescription duly signed by you after completion of phone or virtual consultation with your scheduled patient.

53) Clinical OR Healthcare Support Information - We may provide information to assist you in clinical decision-making. The information and materials available through the app or website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment.

Information that may be placed on the website or app by third parties are beyond our control. We are not responsible for the accuracy or completeness of information available from or through our website or app. You assume full risk and responsibility for the use of information you obtain from or through this website or app, and you agree that srsphysicians.com is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any provider of healthcare or health-related products, items or services, and the appearance of materials on the website or app relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the services, and to make an independent determination of their suitability for your use.

54) Selecting your Doctor OR Healthcare Provider on the website or APP - The website or App allows you to select and schedule appointments with doctors and health care providers registered with our website under the heading “Appointment on phone” or “Appointment at clinic” and “Appointment at home visit”. While choosing your doctor or healthcare provider on our website or App, you understand and accept that:

You are eventually responsible for choosing your own doctor or healthcare provider and  we shall not be held responsible or liable for the selection of such doctor or healthcare provider.

We does not recommend or endorse any doctors or health care providers mentioned listed our website or on the app.

Our company does not make any representations or warranties with respect to these doctors or health care providers or the quality of the healthcare services they may provide. Our company shall not be liable for any reason whatsoever for the services provided by the health care professional or doctor, and we bear no liability for the consequences to you, of your use of the system or services.

The Information regarding doctors, health care providers and practice information found on our website and the app is intended for general reference purposes only. Such information found on the website and the app is mainly self-reported by the doctor or the health care provider. Such information often changes frequently and may become out of date or inaccurate. Neither the website or the app nor the third party provides any advice or qualification certification about any particular doctor or healthcare provider. You are encouraged to independently verify any such information you see on the website with respect to a doctor or healthcare provider that you seek to make an appointment with.

55) User Account, Password & Security - Company shall enable You to make the requisition of Products and Services available to You through the Website, only if You have provided Company certain required User information, including without limitation, name; user ID; email address; address; gender; age; phone number; password; valid finance account information; and other details and created an account ("Account") through Company ID and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID (collectively, the "Account Information"). The transaction and delivery of the Products by the registered merchants/vendors may also be subject to procedures for use of the Website, Terms and Conditions, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Agreement and the Additional Terms, the Additional Terms shall take precedence in relation to that service. The Website requires You to register as a User by creating an Account in order to avail the services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Company of any unauthorized use of Your Account or Account Information or any other breach of security, non-compliance with the Telemedicine Practice Guidelines dated March 25, 2020, or any other applicable laws, rules, regulations and guidelines as may be notified from time to time and (b) ensure that You exit / log out from Your Account at the end of each session. Company cannot and will not be liable for any loss or damage arising from Your failure to comply as cautioned. You may be held liable for losses incurred by Company or any other User of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise. The Website also allows / shall allow restricted access to the Website for unregistered Users. You shall ensure that the Account Information provided by You in the Website's registration form is true, complete, accurate and up to date. Use of another User's Account Information for availing the services offered by Company is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website by You. You confirm that you are the authorised holder of the credit card, any payment instrument, or the original Account holder used in the transactions he/she makes using the Website. Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit card number/Account details for using the Website. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Company for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Company may allow authorized third parties to place or recognize a unique cookie on Your browser. Company does not store personally identifiable information in the cookies.

56) Commission / Subscription Fee / Transaction Fee - Any subscription fees for the Services charged by the Company, could be paid online through the facility made available on the Website. Such online fee payments are also processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and the Company is not responsible for any loss or damage caused to User/ Retail Pharmacies/ third party service providers during this process as these banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company.

57) GST / Taxes - Each User / third party service provider is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. The Company shall in no way be responsible for any of the taxes except for its own taxes. Further, please note that all fees are exclusive of applicable taxes unless expressly stated otherwise.

58) Language - If these Terms of Use are translated into a language other than English and there are conflicts between the translations, the English version shall prevail and control.

59) No Assignment - You are not permitted to assign or otherwise transfer partially or totally your rights and obligations under these Terms and Conditions of Use.

60) Interpretation - These Terms and Conditions of Use shall be interpreted without regard to which party drafted these Terms of Use.

61) Submissions - The Company has a long standing policy that does not allow it to accept or consider creative ideas, suggestions or materials other than those which have been specifically requested or otherwise affirmatively solicited by the Company in writing. It is the intent of this policy to avoid possible misunderstandings as to the ownership of creative ideas, concepts, suggestions or materials. If you send any creative materials, suggestions, ideas, notes, drawings, concepts or other information (collectively known as the "Information") to the Company in printed form, electronic means or otherwise, the Information shall be deemed to be the property of the Company and shall not be subject to any obligations of confidence, non-disclosure or non-usage. The Company is hereby entitled to unrestricted usage of the Information on a worldwide basis without compensation to the provider of the Information.

62) General Relationship - None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and SRSPHYSICIANS.COM  and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes us and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed us and its agents as their agent for this purpose.

63) Limitation of Liability - IN NO EVENT WILL SRSPHYSICIANS.COM  OR ITS MERCHANTS, AFFILIATES, OFFICERS, DIRECTORS, NOMINEE, EMPLOYEES, AGENTS, BUSINESS PARTNERS OR ASSOCIATES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF SRSPHYSICIANS, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

64) Use of our Services outside of the Republic Of India - SRSPHYSICIANS Online Doctor Services make no claims or representations that any or all of the content on this website, or the SRSPHYSICIANS Online Doctor Services may be lawfully viewed, downloaded or used outside the Republic Of India. Unless otherwise expressly stated, the content, this website and the SRSPHYSICIANS Online Doctor Services are directed solely at users who access the Service from within the Republic Of India. If you choose to use the Service from outside of the Republic Of India, you do so at your own risk and are responsible for compliance with the laws of our jurisdiction. We provide our services in accordance with Indian laws and regulations and cannot guarantee that this will comply with the rules of the country where you are located. If you are not an Indian resident, then you must be located in the Republic Of India at the time of your medical consultation.

65) Severability - Use of the Website is unauthorized in any jurisdiction that does not give effect to all of the terms and conditions of this Agreement. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give legal effect to the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

66) Entire Agreement - This Agreement constitutes the entire agreement between the Company and you with respect to your use of and access to the Website or our app. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Website. You acknowledge that you have not relied on or been induced to enter into these Terms and Conditions of Use by a representation or warranty other than those expressly set out in these Terms and Conditions of Use. Any ambiguities in the interpretation of these Agreement shall not be construed against the drafting party.

67) Governing Law - This “Agreement” shall be governed by and construed in accordance with the laws of the Republic of India, without regard to conflicts of law’s provisions. You hereby agree and consent that the sole and exclusive jurisdiction for any action or proceeding arising out of or relating to this agreement shall be an appropriate state or federal court located at Hyderabad, in the state of Telangana. 

68) Grievance - For your complaints "You" can lodge a complaint with us on our portal at https://srsphysicians.com/srsp...

69) Notices - All notices and communications (including those related to changes in the srsphysicians.com, Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address: (a) If to us, at srsphysicians.com or at the address posted on the Website. (b) If to a non registered User, at the communication and/or email address specified in the application form availing of our Service. (c) If to a registered User, at the communication and/or email address specified in the registration form. Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.