Terms & Conditions
If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at [email protected]
- The domain name www.newmi.in, an internet-based portal and Newmi a mobile application, is operated by KA Healthcare Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “Newmi” or “We” or “Our” or “Us” or “Company”) having registered office at C4 2101 Puri Diplomatic Greens, Sector 110A & 111, Dwarka Expressway, Carterpuri, Gurugram – 122017, Haryana, with GSTIN 06AAICK9293N1ZO and PAN AAICK9293N. The domain name and the mobile application are collectively referred to as the “Website”.
- The Website is a platform that facilitates (i) online purchase of maternity and women wellbeing, health related products and services like clothes, beauty products, food items, holidays, photography, events, astrology services, interior design services, wellness classes etc. by Third-Party vendors (“Third-Party Vendors”)and by the Company; (ii) diagnostic services being offered by various Third-Party diagnostic centres (“Third-Party Labs”); (iii) online medical consultancy services/ second opinion being offered by Third-Party independent doctors (“Medical Experts”); (iv) online advertisements of various sponsors advertising and marketing their own good and services (“Third-Party Advertisers”) and (v) financial services providers promoting financial planning, loans and other finance products (“The Third-Party Financial Services Provider”) Third-Party Vendors, Third-Party Labs, Medical Experts, Third-Party Advertisers and Third-Party Financial Services Provider are collectively referred to as the “Third-Party Service Providers”. Further the Website also serves as an information platform providing health and wellness related information (“Information Services”) to the Users accessing the Website (The services of the Third-Party Services Providers, sale of any products by the Company and the Information Services are collectively referred to as the “Services”).
- the Indian Contract Act, 1872 (“Contract Act”);
- the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines, and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
- the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
- The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957; and
- the Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020.
- “Business Day” means any day, which is not a Saturday, Sunday or any other public or gazetted holiday as declared by the Government and when both banks and the capital markets are operational.
- For the purposes of availing the Services and/or transacting with the Third-Party Service Providers through the Website, You are required to obtain registration, in accordance with the procedure established by Newmi in this regard. As part of the registration process, Newmi may collect the following personal information from You:
- User ID;
- Email address;
- Address (including country and ZIP/ postal code);
- Phone number;
- Password chosen by the User;
- Valid financial account information; and
- Other details as You may volunteer.
- A registered id can only be utilized by the person whose details have been provided and Newmi does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.
- Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members.
- You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify Newmi if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
- The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Newmi 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, Newmi may allow authorized third parties to place or recognize a unique cookie on the Your browser. Newmi does not store personally identifiable information in the cookies.
3. USE OF SERVICES AND THE WEBSITE, APPLICATION
- E-Commerce Platform for Maternity & Associated Products & Services:
The Users utilize to meet and interact with one another for their transactions on the Platform. Newmi is not and cannot be a party to or control in any manner any transaction between the Newmi's Users. Henceforward:
All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Newmi does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
Newmi does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.
Newmi is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Newmi cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.
At no time shall Newmi hold any right, title or interest over the products nor shall Newmi have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
The Newmi is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Newmi is only providing a 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 Newmi hold any right, title or interest over the products nor shall Newmi have any obligations or liabilities in respect of such contract. Newmi is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Pricing on any product(s) as is reflected on the Platform may be due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
You release and indemnify Newmi 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 Newmi and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Newmi cannot take responsibility or control the information provided by other Users which is made available on the Platform.
Newmi is only an aggregator of these products and services viz. maternity clothes, accessories, skin and hair care, food items, electronic devices, wellness services, travel services, Astro services, interior design services, events, and photography services. Newmi is not responsible for any deficiency in the product or services or any losses arising out of products and services as listed by “Third-party providers”
- Diagnostics Services:
Terms for use of the Diagnostic Services:
- The Third-Party Labs may not access the Services if the Third-Party Labs are Newmi’s direct competitor, except with Newmi’s prior written consent. In addition, the Third-Party Labs may not access the Services for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes.
- Newmi will provide to the Third-Party Labs basic support for the Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Services available 24 (twenty-four) hours a day, 7 (seven) days a week, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond Newmi’s reasonable control, including without limitation Force Majeure Events (as defined herein below). Newmi will provide the Services only in accordance with applicable law(s) and government regulations.
- The Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Third-Party Labs are permitted to make against Newmi’s application programming interface, and other limitations dependent on the Third-Party Labs plan, for example, number of SMS, or number of Users. Any such limitations are specified in the Third-Party Labs’ plans. The Services provide real-time information to enable Third-Party Labs to monitor such Third-Party Labs’ compliance with such limitations.
- Notwithstanding anything to the contrary contained herein, Third-Party Labs alone shall be liable for Third-Party Labs’ dealings and interaction with the Users who avail the services of the Third-Party Labs or diagnostic centres contacted or managed through the Website and Newmi shall have no liability or responsibility in this regard. Newmi does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Third-Party Labs, or any diagnostic centre or any Third-Party through the Website. The Services should not be used for emergency appointment purposes.
- Notwithstanding anything to the contrary contained herein, Third-Party Labs alone shall be liable for dealings and interaction with Users contacted or managed through the Website and Newmi shall have no liability or responsibility in this regard. Newmi does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the tests conducted and reports generated by the Third-Party Labs.
- Terms for use of the Online Doctor Consultancy Services:
- NO DOCTOR-PATIENT RELATIONSHIP: Newmi does not replace Your relationship with physician or healthcare provider. The information interpreted SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation or care from Your physician or other qualified healthcare provider.
- You acknowledge that the Medical Experts empanelled with Us are independent contractors and thereby Newmi has an independent contractor relationship with such Medical Experts and therefore in no event Newmi will be directly or vicariously liable for any advice or medical consultancy or any loss arising therefrom that the Medical Experts may provide to You, or You may avail as part of the Services.
- You acknowledge that the e-prescription which may be issued by the medical expert(s), in certain events, is not a valid prescription under applicable law(s) of India and may not be used for dispensation of medicines by any pharmacist including the Third-Party Providers. You further agree and acknowledge that if You request us to process the e-prescription or any form of prescription (whether original or scanned copy of the original prescription) for facilitation of medicine orders, then we will only act as an aggregator and 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 Third-Party Providers supplying the medicines to you.
- You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to You on the Website (including Information provided in direct response to Your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a doctor/medical professional-patient relationship, but is provided to inform You on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on the Website should be used for information purposes only.
- Newmi is designed to support the health decisions and choices that You make. These decisions and choices are Yours, and We believe that You, in connection with the advice You receive from Your doctor or other professional healthcare provider, are the best decision maker about Your health. We cannot make decisions for you. However, what We can do is help You find good health information and connect with doctors for in-person information. On Newmi You can ask and find informational questions and related educational answers by Medical Experts. The Website is not a place for the practice of medicine, but Medical Experts on the Website can be a resource for reliable, relevant general health information.
- Even if Your real-life doctor is on Newmi, personal medical advice, treatment or diagnosis are not permitted through the Website, and by using the Website You agree not to solicit these or use any information as if it were personal advice, treatment, or diagnosis. Whenever You want personal medical advice, treatment, or diagnosis, You should contact Your physician or professional healthcare provider and see them in person.
- We do not recommend or endorse any specific Medical Expert(s), tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided on the Website is solely at Your own risk. In case of any medical emergency, kindly contact Your nearest doctor/hospital or any related helpline.
- The Services are not for use in medical emergencies or for critical health situations requiring prompt medical attention. The Services are not intended to be real-time and may not be the best solution when a face-to-face consultation is a must and therefore, We strongly discourage any delay in seeking advice from Your doctor on account of something that You may have heard/viewed on the Website. You take full responsibility for ensuring that the information submitted is accurate and Newmi shall not make any effort to validate any information provided by You for using the Services with respect to content, correctness, or usability. We, with an intention to provide the best services possible could ask You to share more information as and when needed.
- The opinions, statements, answers, and tele-consultations (collectively “Consultation”) provided by the Medical Experts through the Website are solely the individual and independent opinions and statements of such Medical Experts and do not reflect the opinions of Newmi, its affiliates or any other organizations or institutions to which such Medical Expert or such specialist or professional is affiliated or provides services. Newmi does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website or by a licensee of Newmi.
- The inclusion of professionals, specialists and/ or Medical Experts on the Website or in any professional directory on the Website does not imply recommendation or endorsement of such specialists and/ or Medical Experts nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any specialists and/ or Medical Experts contained therein. Such information is provided on an ‘as-is’ basis and Newmi disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
- Newmi (the owners and the employee staff of Newmi), Medical Experts and third-party professionals who offer the Services through the Website accept no responsibility for any medical, legal, or financial events or outcomes related to the Services availed through the use of the Website.
- Newmi 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 Newmi employees. Newmi is not responsible for transmission errors, corruption of data.
- Newmi is for personal use and the Services are for individuals to use for supporting their personal health decisions. You may use the Website for personal, but not for commercial, purposes.
- Your right to use the Services is not transferable.
- Notwithstanding anything to the contrary contained herein, You alone shall be liable for Your dealings and interaction with patients or Medical Experts (as the case may be) contacted or managed through the Website and Newmi shall have no liability or responsibility in this regard. Newmi does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the Information or detail provided by such client, patient, User, Medical Experts, or any Third-Party through the Website. The Services should not be used for emergency appointment purposes.
- The exchanges between the Medical Experts and the patient through the chat window or over telephone (as the case maybe) and the e-prescription would be accessible to Newmi for the purposes of monitoring the quality of the consultation.
- The Services should not be depended upon and should not be treated as a replacement for obtaining consultation for diseases as the consultation provided through the Website is generic in the approach and shall not and cannot act as a substitute for physical consultation with a doctor. Also, the Consultations provided through the Website are not diagnostic in nature.
- Risks of using Newmi’s Services
- While the Website is an honest attempt to provide access to the best possible medical information to the Users, the Medical Experts will not be examining You physically. The Medical Experts may not have access to all or some of Your medical history that might be critical to consult You. The Medical Experts will not have the benefit of information that would be obtained by examining You in person, observing Your physical condition and by going through Your medical records. This means that the Services provided is different from the diagnostic and treatment services typically decided by a physician. Therefore, the Medical Experts may not be aware of facts or information that would affect his or her opinion of Your diagnosis. To reduce the risk of this limitation, Newmi strongly encourages You to be in touch with an on-ground physician and share the Newmi’s opinion with him/her.
- By requesting a medical opinion through the Website, You acknowledge and agree that:
- the advice/information/opinion on diagnosis You may receive could be limited and provisional;
- the medical opinion is not intended to replace a face-to-face visit with a physician, and it does replace an actual doctor-patient relationship;
- in case of a second opinion where there is a difference of opinion among Our Medical Experts and Your physician, You would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment;
- the Medical Expert is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void;
- in some cases, the Medical Expert may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;
- in rare cases, the Medical Experts may feel that the query may not be answerable without physically examining the patient/ Users and the Consultation may be refused forthwith;
- in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and
- Third Party Financial Services Provider
As part of our Finance services, we have partnered with multiple Financial Services Products & Services companies. Newmi will help connect with our partners for various services like credit or maternity loans, financial advisory and investment services and insurance products and services.
Our partners offer the Users the option to avail these services via their Platforms, which includes detailed risk profiling, eligibility assessments, planning, preparation of investment plan etc. The User understands that when they use third-party execution service providers for transaction execution and not the Execution Services offered on the Website.
Newmi has entered into agreements with third party Financial services providers who in turn have entered into agreements with technology service providers to link up with banks for offering various facilities through the internet, including net banking and payment and settlement facilities in respect of payment instructions initiated by the User using third-party payment gateways. Accordingly, all these services are available to those Users who hold a bank account with these banks and have availed the facility for online payments / net banking through third party gateways and have all the requisite credit and KYC clearances.
Newmi partners facilitate any loan transactions between the borrowers and the NBFCs/Banks. All loan applications are approved and sanctioned by NBFCs/Banks registered with RBI and communicated upfront during Loan application. Our partners platform provides access to an online platform bringing together consumers, financial institutions, data partners and other partners willing to abide by the Terms & Conditions herein. Our partners lending partners provide various kind of personal loan products as specifically supplied by the Users through the Platform.
In the event You wish to avail any of the Products displayed on our partner’s platform you will be required to provide certain information and their representatives may contact You through phone or email to understand Your requirements.
In the event You have registered Your phone number on the ‘Do Not Disturb’ registers with Your network provider, You shall ensure to take all steps to enable the Company’s representative’s to contact You via phone to provide details about different financial products and You shall ensure that such calls received by You are pursuant to You providing Us with information and You shall not register a compliant with the relevant authorities for the same.
It is hereby expressly clarified that Newmi does not render the services of any financial instruments and/or engage in any distribution activity. Newmi provides the Website as a medium for its Users to facilitate investment advisory, insurance, and credit services.
- Editorial Policy for the Website:
As part of the Services, Newmi provides Newmi Content on the Website targeted at public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. Newmi Content is subject to the following rules/ information:
- Newmi Content is original and is relevant to the general public;
- topics for Newmi Content are selected by qualified experts consisting of certified medical experts, wellness experts, bloggers etc.
- our content team takes into account the latest trending health and wellness topics, public awareness trends, emerging health and nutrition trends etc.
- Newmi maintains principles of fairness, accuracy, objectivity, and responsible, independent reporting;
- the member of Newmi has to fully disclose any potential conflict of interest with any of the Third-Party Service Providers;
- Newmi’s content team holds the responsibility of providing objective, accurate, and balanced accounts of events and issues
- Advertising Guidelines for the Website:
As part of the Services provided by Us; We facilitate and allow Third-Party Advertisers to place advertisements on the Website. Accordingly, there are guidelines (as listed herein below) which the Third-Party Advertisers have to follow for placing such advertisements (the “Advertising Policy”).
- For Third-Party Advertisers:Third-Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising the consumer protection. The Advertising Policy applies to all the advertisements, listed, or sought to be listed, on the Website.
- Review:All the advertisements are subject to the review and approval of Newmi. Newmi reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, Newmi also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.
- Prohibited Content:The advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited:
- content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class;
- content depicting nudity, sexual behaviour, or obscene gestures;
- content depicting drug use;
- content depicting excessive violence, including the harming of animals;
- shocking, sensational, or disrespectful content;
- deceptive, false, or misleading content, including deceptive claims, offers, or business practices;
- content that directs users to phishing links, malware, or similarly harmful codes or sites; and
- content that deceives the Users into providing personal information without their knowledge, under false pretences, or to companies that resell, trade, or otherwise misuse that personal information; and
- content that violates any law for the time being in force.
- Prohibited Advertisements: Advertisements for the following products and services are prohibited:
- adult products and services (other than contraceptives; see below);
- cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;
- products or services that bypass copyright protection, such as software or cable signal descramblers;
- products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy;
- get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;
- illegal or recreational drugs or drugs paraphernalia;
- counterfeit, fake, or bootleg products, or replicas or imitations of designer products;
- firearms, weapons, ammunition, or accessories;
- advertisements that promote particular securities or that provide or allege to provide insider tips;
- any illegal conduct, product, or enterprise;
- unapproved pharmaceuticals and supplements;
- prescription drugs;
- products that have been subject to any government or regulatory action or warning;
- products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance; and
- material that directly advertises products to or is intended to attract children under the age of 13.
- Restricted Advertisements: Advertisements in the following categories are restricted and require approval on a case-by-case basis:
- advertisements that promote or reference alcohol;
- advertisements for online dating services;
- advertisements for gambling and games of skill;
- advertisements for lotteries;
- advertisements for financial services;
- advertisements for contraceptives;
- advertisements for online Providers or pharmaceuticals; and
- political advertisements.
- Testimonials & Endorsements:
- any testimonials and endorsements contained in advertisements must comply with all applicable law(s), industry codes, rules, and regulations. For example, a clear and conspicuous disclaimer is required if an endorser's results were atypical or if the endorser was paid;
- Newmi recognizes and maintains a distinct separation between advertising and sponsored content and editorial content. All advertising or sponsored content on the Website of the Company will be clearly and unambiguously identified; and
- a click on an advertisement may only link the User to the website of the Third-Party Advertiser(s).
4. OTHER TERMS
- Your Profile, Collection, Use, Storage and Transfer of Personal Information:
- Your Newmi profile is created to store record of Your Purchases, Bookings, Consultations and Your personal health information online.
- Any information provided as part of a web Consultation or obtained from use of the Services by You becomes part of Your Newmi record. You agree to provide accurate information to help Us serve You best to Our knowledge, to periodically review such information and to update such information as and when necessary. Newmi reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for Newmi’s record or for the Services. Please make sure You provide a valid email-id, and You update it as and when needed.
- the fact that the information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- the name and address of the agency that is collecting the information and the agency that will retain the information; and
- the various rights available to such Users in respect of such information.
- Newmi shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data, or information supplied by the Users to Newmi or any other person acting on behalf of Newmi.
- The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify Newmi of any actual or suspected unauthorized use of the Users’ account or password.
- If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Newmi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Newmi shall have the right to suspend or terminate such account at its sole discretion.
- Payment, Fees and Taxes:
- Registration on the Website and the access to the information provided on the Website is free. Newmi does not charge any fee for accessing, browsing, and buying through the Website. You agree to make all payments directly to the respective Third-Party Providers for purchase of Goods and Services from such Third-Party Providers and to the Company in case of purchase of Goods and Services directly from the Company. The Third-Party Providers may choose to either personally collect such payment from You or may use the services of collection agents duly appointed in this regard. You agree and acknowledge that You shall not hold Newmi responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of third parties viz. the Third-Party Providers or the collection agents or for any actions/ omissions which are beyond the control of Newmi.
- In relation to the diagnostic services being availed from the Website, Third-Party Labs agree to pay all package fees, consulting fees and other fees applicable to the Third-Party Labs use of such Services and the Third-Party Labs shall not circumvent the fee structure. The fee is dependent on the package that the Third-Party Labs purchase and not on actual usage of the Services. In relation to the Users using the diagnostic Services, the Users agree to make all payments directly to the respective Third-Party Labs for use of the diagnostic Services from the Website. You agree and acknowledge that You shall not hold Newmi responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of the Third-Party Labs’ any actions/ omissions which are beyond the control of Newmi.
- Each User / Third-Party Service Providers are solely responsible for payment of all taxes, legal compliances, statutory registrations, and reporting. Newmi is in no way responsible for any of the taxes except for its own income tax.
- The subscription fees for the Services, if any charged by Newmi, could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. Newmi is not responsible for any loss or damage caused to User/ Third-Party Service Providers during this process as these third parties are beyond the control of Newmi. The fees could also be paid offline and be either collected personally from the User/ Third-Party Service Providers.
- All fees are exclusive of applicable taxes.
- Newmi reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
- Available payment methods: Wallets: Paytm, Amazon Pay, Mobikwik, AirtelMoney, Freecharge, OlaMoney, JIO Money, PhonePe, MPESA UPI – BHIM and GooglePay. All debit and credit cards. Cash on delivery for offline payments. Pre-paid cards and Corporate Cards. Internet Banking
- Applicable payment charges: No charges levied.
- Security details in relation to payment methods: API integrated.
- Charge-back options: No.
- Return, Refund, Cancellation and Shipping charges:
- Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update, or share any information that -
- belongs to another person and to which such Covenanter does not have any right;
- is grossly harmful, insulting or harassing on the basis of gender, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy including bodily privacy, hateful, racially, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- infringes any patent, trademark, copyright, or other proprietary rights;
- violates any law for the time being in force;
- impersonates another person;
- is harmful to child;
- deceives or misleads the addressee about the origin of such messages or knowingly and intentionally communicates any information that is patently false or misleading in nature but may reasonably be perceived as a fact;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
- is prohibited under applicable law(s) for the time being in force including Drugs Act read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as amended from time to time and rules made there under;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person; and
- 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.
2. You are also prohibited from:
- violating or attempting to violate the integrity or security of the Website or any Newmi Content;
- transmitting any information (including job posts, messages, and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Newmi;
- intentionally submitting on the Website any incomplete, false, or inaccurate information;
- making any unsolicited communications to other Covenanters;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars, or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile, disassemble, or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the Newmi Content or other information available from the Website; and
- framing or hotlinking or deeplinking any Newmi Content.
- The Other Parties shall not hold Newmi responsible or liable in any way for any disclosures by Newmi under Regulation 6 of the SPI Rules.
- The Services provided by Newmi or any of its licensors or providers or Third-Party Service Providers are provided ‘as is’, as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Newmi does not provide or make any representations, warranties, or guarantees, express or implied about the Website or the Services. Newmi does not verify any content or information provided by the Other Parties on the Website and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the Newmi Content, Third-Party Contents, representations, and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
- The Website may be linked to the website of third parties, affiliates, and business partners. Newmi has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that Newmi endorses the linked website. Other Parties may use the links and these services at their own risk.
- Newmi shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; Newmi shall not be responsible for any error in any of the services being provided by the Third-Party Service Providers.
- Users accept and acknowledge that Newmi does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods/ products and services made available on its Website by Third-Party Service Providers, including any guarantee or warrantee that such goods/ products (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased; (iii) have accurate description; (iv) do not cause any infringement; and (v) that the Third-Party Service Providers have legal title over the goods/products being offered for sale by them on the Website. Newmi also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Services offered, or services offered or provided by the Third-Party Service Providers.
- The Other Parties further accept and acknowledge that Newmi does not verify any content or information provided by either the Users or the Third-Party Services/ or obtained from the Users or the Third-Party Service Providers, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the Newmi Content, Third-Party Content, representations and warranties made by the Other Parties on the Website or any opinion or suggestion given or expressed by Newmi or any Third-Party Service Providers in relation to any Services provided by Newmi.
- Newmi assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Other Parties’ equipment on account of the Other Parties’ access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If any of the Other Party is dissatisfied with the Website, the sole remedy of such Other Party(s) is to discontinue using the Website.
- The listing of Third-Party Service Providers on the Website is based on numerous factors including Users comments and feedbacks. In no event shall the Protected Entities (as defined herein below) be liable or responsible for the listing order of Third-Party Service Providers on the Website.
- To the maximum extent permitted by applicable law(s), Newmi, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
- In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Third-Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Third-Party Service Providers; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third-Party Service Providers or other person on or through the Website.
- Newmi disclaims any liability in relation to the validity of the medical advice provided by the Medical Experts and the validity and legality of the e-prescription for dispensation of medicines and conduct of diagnostic tests. All liabilities arising out of any wrong diagnosis of medical condition by the Medical Experts and/ or arising from the e-prescription will be of the concerned Medical Expert. Further, all liabilities arising out of any wrong diagnosis report by the Third-Party Labs and/ or arising from the wrong dispensation of the Pharmaceutical Goods and Services will be of the concerned Third-Party Labs or the Third-Party Providers as the case may be.
- The Users may share their previous medical history during interaction with the Medical Experts. The Users undertake to share such information at their own risk. Newmi reserves the right to retain such information for the purpose of providing Services to the Users.
- With respect to the Consultation Services, after selection of the type of treatment viz. Homeopathy, Allopathy or Ayurveda along with the specification of the disease by the patient, Newmi will decide the Medical Expert to whom the query should be directed based on the information shared by the User. However, in no event the Protected Entities shall be held liable for the losses attributable to such decision making and in no event shall the Protected Entities be liable for any Consultation provided and/or e-prescription issued by the Medical Expert by using the interface of online medical consultancy.
- The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Website.
- In no event shall the Protected Entities be liable for failure on the part of the Users or Third-Party Service Providers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the Users in relation to the services provided by a Third-Party Service Providers.
- Modification of Website
Newmi reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that Newmi will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.
- Intellectual property rights
All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
- Compliance of Applicable Law
- While communicating/ transacting with each other through the Website, the Other Parties shall at all times ensure full compliance with the applicable provisions of the Contract Act, IT Act, IG Guidelines, Drugs Act read with the Drug Rules, Drugs and Magic Act, The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957, Pharmacy Act, Consumer Protection Act, 1986, SPI Rules, etc (“Captioned Laws”). as well as all other laws for the time being in force and ensure due payment of applicable taxes. They must specifically ensure that they are in no way purchasing Pharmaceutical Good and Services or Prescription Drugs without a valid prescription, which are prohibited under the Drugs Act (read with the Drugs Rules) as well as the other applicable laws for the time being in force.
- The Users must also ensure that the prescription uploaded on the Website or emailed to Newmi for processing the order for Prescription Drugs is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Third-Party Service Providers or to Newmi, as a result of any dispensation of Prescription Drugs by the Third-Party Service Providers owing to the non-compliance by the User in this regard.
- not accessing the Website; or
- closing their accounts for all of the Services that they use.
- Newmi is unable to verify or authenticate any information provided to Newmi by Other Party(s); or
- Newmi believes, in its sole discretion, that Other Party(s) actions may cause legal liability for Newmi (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
- Newmi is required to do so by law; or
- if Other Party(s) fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for Newmi to provide the Services to the Other Party(s); or
- The provision of the Services to the Other Party(s), or to the general public, is in Newmi’s opinion, no longer commercially viable; or
- Newmi has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).
- Newmi may also terminate or suspend (temporarily or permanently) all or a portion of Other Party(s) account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Other Party(s) account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring Other Party(s) from further use or access of the Website or of any of the Services.
- Once terminated or suspended (temporarily or permanently), Other Party(s) may not continue to use the Website under the same account, a different account or re-register under a new account.
- The right to terminate/ suspend the account is in addition to, and without prejudice to, Newmi’s right to initiate action against the Other Party(s), in accordance with applicable law.
- Force Majeure
- Governing Law and Dispute Resolution
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
- Contact Information