We, at MRG Blockchain Solutions Pvt. Ltd., a company duly incorporated under the provisions of the Companies Act, 2013, having its registered office at 2604, Rejoice, Citi of joy, JSD Road, Mulund West, Mumbai 400080, Maharashtra, India, India (collectively, “Mykaizen”, “MRG”, “Company”, “we,” “us,” or “our”) collect, use, share and process your information, that you provide to us through your use of the app, Mykaizen and website https://mykaizen.io in the course of availing services that are made available on the said app and website (“Services”) as defined in the Terms and Conditions https://mykaizen.io/terms-and-conditions to you.
The domain name https://mykaizen.io, an internet-based portal, and Mykaizen, a mobile application is operated by MRG. MRG may assign, transfer, and subcontract its rights and/or obligations under these Terms and Conditions to any third party, as it may deem fit, and you shall continue to be bound by these Terms and Conditions in the event of such assignment, transfer, or subcontract.
Any accessing or browsing of the Platform and using the Services (as defined in these Terms and Conditions) indicates your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms and Conditions, then you may discontinue access or use of the Platform.

Eligibility

When you use the Platform, you represent that you meet the following primary eligibility criteria:

• You are at least 18 years old or accessing the Platform under the supervision of a parent or guardian, who in such a case will be deemed as the recipient / end-user of the Services (as defined in these Terms and Conditions) for the purpose of these Terms and Conditions.
• If your age is below that 18 years, your parents or legal guardians can transact on your behalf of you if they are registered users. You are prohibited from purchasing any material the sale or purchase of which to/by minors is prohibited and which is for consumption by adults only.
• You are legally competent to contract and otherwise competent to receive the Services (as defined in these Terms and Conditions). Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents, etc. are not eligible to use the Platform.
• You have not been previously suspended or removed by Mykaizen or any of our other group entities or disqualified for any other reason, from availing of the Services.
• MRG reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if MRG and/or Mykaizen discovers that you are under the age of 18 years.

Our Services

Through the Platform, (not limited to) we provide you with the following services (“Services”):

Creating and maintaining user accounts:

Users need to register on the Platform to use the Platform or the Services provided through the Platform. To register, you have to provide certain personal details including but not limited to your name, phone number, email address, birth date, gender, etc.

• Scheduling an appointment for medical consultation:
  • You can book an appointment for a medical consultation with a healthcare or Point of Care (POC) provider/doctor / physician (“POC”) listed on the Platform. Medical consultations on the Platform shall be available for family physicians & multi specialties.
  • You will receive a confirmation of appointment for medical consultation with a POC of your choice, on the Platform and/or via SMS and/or email and/or an online communication or messaging service. We reserve the right to reschedule or cancel an appointment without any prior notice. The time provided for a consultation to you is indicative and actual consultation time may change depending on the consulting POC’s discretion. Consultations can be booked, rescheduled, or canceled free of cost up to fifteen minutes before the start of the appointment for an audio/video / chat-based consultation (“Online Medical Consultation”) and up to thirty minutes before the start of the appointment for a physical visit based consultation. You are allowed to reschedule an Online Medical Consultation up to a maximum of three times for free and are allowed to reschedule a physical consultation once for free.
  • Your consulting POC reserves the right to provide a free review, post-medical consultation.

Holding medical consultations: 

You can have an Online Medical Consultation via audio call or video call or chat on the Platform with the POC selected by you.

• Please ensure that you are equipped with proper video conference equipment and internet connectivity as required for the service you want to avail. In case of inadequate video conference equipment, technical error or defective internet connectivity, we reserve the right to reschedule or cancel your appointment without any notice.
• You understand and acknowledge that there will not be any physical examination involved and the Online Medical Consultation services shall be provided remotely in accordance with these Terms and Conditions. The opinion delivered by the POC shall solely be based on the verbal communication between the concerned POC and the patient, and any test reports and other information provided/uploaded by you on the Platform.
• Your medical records may be viewed by the POC based on your consent / sharing on the chat facility provided on the Platform in the course of medical consultations and will remain accessible to you for a specific number of days after a particular consultation concludes, as determined by the POC.
• The Services are not meant in any way for emergency and life-threatening conditions. It is advised to take the patient to the nearest hospital in such cases.

Booking diagnostic tests: 

You may book an appointment for seeking the diagnostic tests and packages offered by a POC on the Platform. You may book diagnostic test(s) and package(s) on the Platform and visit the concerned diagnostic center/lab of the POC or schedule the sample pickup from home by the POC.

• Receiving e-prescription from the POC based on the medical consultation.
• Accessing your medical records on the Platform.
• Any other service that is made available on the Platform from time to time is subject to the scope of services specified under Section 4 below.

Your use of the Platform

As an end-user and recipient of Services, when you use the Platform, you agree to the following conditions of use:

• Due diligence conditions:
  • You are solely responsible for the medical, health and personal information you provide on the Platform, and you are requested to use your discretion in providing such information.
  • The advice or the services provided by the POC will depend upon the information you provide on the Platform. You will provide accurate and complete information everywhere on the Platform, based on which you will receive the Services.
  • You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you.
  • The information provided by you may be used by us for the purpose of Services including analysis, research, training, and disclosure (where required) to our affiliates, group companies, agents and government authorities, etc., as stated in our Privacy Policy (available at  https://mykaizen.io/privacy-policy). Please separately review and consent to our Privacy Policy, accordingly.
  • The information provided by you can be retained by us and can be used without revealing your identity, as per our Privacy Policy available at  https://mykaizen.io/privacy-policy.
  • We reserve the right to refuse service or terminate accounts at our discretion if we believe that you have violated or are likely to violate applicable law or these Terms and Conditions.

Scope of Services

• The Services availed by you from a POC via the Platform are an arrangement between you and the POC you select. The Platform only facilitates connections between you and the POC and bears no responsibility for the outcome of any such medical consultation or other Services obtained by you.

• MRG and/or Mykaizen shall not be liable for deficiency or shortfall in Services/misdiagnosis / faulty judgment/interpretation error/perception error / adverse events/inefficacy of prescribed treatment or advice or investigation reports/validity of the advice or prescription or investigation reports provided by the POC / unavailability of the recommended or prescribed treatment or medication under any condition or circumstances. Users are advised to use their discretion for following the advice obtained post-medical consultation with POC via the Platform or post Services.

• MRG and/or Mykaizen only facilitates the connections between you and the POC established through the Platform and does not in any way facilitate, encourage, permit or require you to contact the POC outside the Platform. Any contact between you and the POC through the Platform will be subject to these Terms and Conditions.

• If you are redirected to, or visit, any other website or app from the Platform, including for the purposes of browsing, or when the placement and/or fulfillment of an order of any product/service (or any other aspect related thereto) takes you to a different website/platform, MRG and/or Mykaizen will not be responsible for products or services received or purchased by you on such other website or platform, or any aspect of your experience on such website or any representations and details provided on the such website/platform concerning products/services being displayed or sold by such website/platform. In particular, you may visit or be redirected to the Partner website or 3rd party Interface/platform / website / Hyperlocal for browsing and purchase of medicines, permitted medical devices, and other products (including all aspects concerning placement of orders and payments in relation thereto), which is powered, owned, controlled and operated by an independent and distinct entity. MRG and/or Mykaizen has no control whatsoever over the 3rd party Platforms (including the information and contents displayed therein, the inventory of the products sold and the pricing thereof and the presentation/display thereof) and shall not have any responsibility or liability in respect of your experience on the 3rd Party Platforms or Hyperlocal, including products sold and delivered to you, and any customer care support you may receive in respect of such products. The entire user experience and data pertaining to your usage of the Platforms would be stored exclusively by on de-centralised Blockchain servers and / or Local devices. By visiting the Platforms, you agree to and accept the terms of use of the Platforms. MRG and/or Mykaizen would not be involved in any interaction between you and vendors / 3rd parties including any payments made by you in respect of the products purchased on the Platforms and all products purchased by you on the Platforms will be sold, packaged, dispensed, delivered, and fulfilled solely by POC. For the avoidance of doubts, it is expressly clarified that – (i) MRG and / or Mykaizen is not acting as a ‘marketplace’ in so far as display, exhibition, delivery, fulfilment, purchase or sale of any products over POC Platforms is concerned; (ii) We may not be a seller on the Platform and by merely providing a re-direction link, MRG and / or Mykaizen is not allowing or permitting POC to be a seller on the Platform. You also agree and acknowledge that MRG and / or Mykaizen through the Platform: (i) merely provides a link to Platforms for the purposes of re-direction; (ii) only provides the relevant technological connectors to platform so as to help seamlessly integrate the any Platforms with the Mykaizen application so that there is as minimal experience loss to you; and (iii) merely acts as a communication link in respect of any complaints relating to the products listed on the POC Platforms, made by you on the Platform, with the actual resolution of complaints being handled exclusively by platform. You also agree and acknowledge that MRG and/or Mykaizen is not involved in, in any manner whatsoever, and does not facilitate (i) the sale of products on the Platforms, with MRG and/or Mykaizen not being privy to the contractual relationship/arrangement as entered into between us and you in so far as purchase/sale of products over Platforms is concerned (ii) the payments for products sold over Platforms, and that the same is facilitated solely by us and/or any third party entities (including payment aggregators) engaged by Mykaizen for such purpose; (iii) the invoicing of products sold over the Platforms; and (iv) the prescription validation undertaken on the Platforms by us and/or any third party entities engaged by us for such purpose.
• You may view and access the content available on the Platform solely for the purposes of availing of the Services, and only as per these Terms and Conditions. You shall not modify any content on the Platform or reproduce, display, publicly perform, distribute, or otherwise use such content in any way for any public or commercial purpose or for personal gain.

Prohibitions

• You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit the Platform or any portion of it unless expressly permitted by MRG and/or Mykaizen in writing.
• You may not make any commercial use of any of the information provided on the Platform.
• You may not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age, or affiliation with any person or entity.
• You may not upload any content prohibited under applicable law, and/or designated as “Prohibited Content” under Section 5.
• You may not contact or make any attempt to contact the concerned POC for a consultation, follow up on prior medical consultation, or for any other reason outside the Platform via email, SMS, messaging services, or any other mode of communication outside the authorized channels.
• You may not assign, transfer, or sub-contract any of your rights or obligations under these Terms or any related order for Products to any third party, unless agreed upon in writing by MRG and/or Mykaizen.

Prohibited Content

You shall not upload to, distribute, or otherwise publish through the Platform, the following Prohibited Content, which includes any content, information, or other material that:

• belongs to another person and which you do not own the rights to;
• is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;

• is hateful, racially or ethnically objectionable, disparaging of any person;

• relates to or seems to encourage money laundering or gambling,
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law in India for the time being in force;
• deceives or misleads the addressee about the origin of your message and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
• communicates any information which is grossly offensive or menacing in nature;
• impersonates another person;
• contains software viruses and malicious programs;
• threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order;
• 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;
• incites any offense or prevents investigation of any offense or insults any other nation;
• is abusive or inappropriate to the POC conducting your medical consultation or any employees, consultants, or technicians of MRG and/or Mykaizen or any other group company or affiliate who you may interact with for availing Services; and
• is not related to the medical consultation or relating to any of the services you avail from us.

You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and/or immediately terminate your access to the Services and/or to the Platform.

Indemnity

You agree and undertake to indemnify and keep indemnified MRG and/or Mykaizen, its affiliates and any group companies and the concerned POC (“Indemnified Persons”) and us for any losses, costs, charges, and expenses including reasonable attorney fees that the concerned Indemnified Persons may suffer on account of:

• Deficiency or shortfall in Services/misdiagnosis / faulty judgment/interpretation errors / perception error arising from:
• your failure to provide correct and/or complete clinical information/history about the patient in a timely and clinically appropriate manner; or
• suppression of material facts; or your failure to provide relevant clinical information about the patient; or
• misinterpretation of the advice/prescription / diagnosis/investigation report by you; or
• failure to follow doctor’s advice/prescription by you; or
• failure to follow instructions of the POC in respect of the Services or medical procedures prescribed by the POC by you;
• incorrect or inaccurate credit/debit card details provided by you; or
• using a credit/debit card that is not lawfully owned by you; or
• you permitting a third party to use your password or other means to access your account.

Limitation of Liability

By using our Services, you confirm that you understand and agree to the following:

• The Services availed by you from a POC via the Platform are provided to you by the POC you select, and not by MRG and/or Mykaizen. The limitation of liability specified in this section also applies to any services availed by you from any third-party seller of services listed on the Platform.
• The Platform only facilitates communications between you and the POC and as such MRG and/or Mykaizen bears no responsibility for the quality and outcome of any such Services obtained by you from the respective POC to the extent permitted by applicable law.
• MRG and/or Mykaizen itself do not provide any medical consultation or diagnostic services. If you receive any medical advice/investigation reports from a POC you have contacted through the Platform, you are responsible for assessing such advice, and reporting the consequences of acting on such advice or reports, and all post-consultation follow-up action, including following the POC’s instructions.
• In the event that MRG and/or Mykaizen markets or promotes any Services to you, please note that such Services will be provided by the relevant POC, and you are responsible for undertaking an assessment regarding the suitability of such Services and such POCs for your purposes. Marketing or promotion of Services should be considered as being for informational purposes only and does not constitute expert advice on the suitability of such services for your specific healthcare needs.
• The Services provided through the Platform are not intended in any way to be a substitute for face-to-face consultation with a doctor. MRG and/or Mykaizen advise the Users to make an independent assessment in respect of their accuracy or usefulness and suitability prior to making any decision in reliance hereof.
• To the extent permitted by applicable law, MRG and / or Mykaizen or its affiliates or any group companies will not be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to: (i) these Terms and Conditions and Privacy Policy; (ii) your use or inability to use the Platform; (iii) your use or inability to use the AI assistant (iv) your use of any third party services including Services provided by any POC you contacted through the Platform.

This section shall survive the termination of this Agreement and the termination of your use of our Services or the Platform.

Data & Information Policy

We respect your right to privacy in respect of any personal information provided to us for the purposes of availing our Services. To see how we collect and use your personal information, please see our Privacy Policy available at https://mykaizen.io/privacy-policy.

Intellectual property and ownership

You recognize and agree that all copyright, registered trademarks, and other intellectual property rights on all materials or contents provided as part of the Platform belong to us at all times or to those who grant us the license for their use.
No use of these may be made without the prior written authorization of MRG and/or Mykaizen.

Other conditions

Please note that your payments are processed in accordance with applicable law and you may refer to our Payment and Refunds Policy for details.

AI Assistant

We use an AI assistant to guide patients seeking medical help or treatment from the Platform. This AI assistant’s primary purpose is to allow users to book appointments by letting them enter their symptoms, medical conditions, or treatment that they are seeking to consult with a POC.

You understand that:

• you should never use the AI assistant in a medical or psychiatric emergency;
• in case of an emergency, you should dial 112 or visit Hospitals;
• you can use this Platform on behalf of other users (third parties) only if you are a legal guardian of such persons, meaning that you have the legal authority to care for the personal and property interests of such persons; and
• no content on the Platform, is or should be considered, or used as a substitute for, medical advice, care, diagnosis, or treatment.
• no content on the Platform, is or should be considered, or used as a substitute for, medical advice, care, diagnosis, or treatment.
• The user may be directed to chat or call our patient support team, in certain cases which include but are not limited to the following:
• The uncertain outcome from the AI assistant;
• Change in the schedule of appointment;
• Incomplete appointment booking;
• Any other case as deemed appropriate by MRG and/or Mykaizen.

Accuracy of Information Displayed

We have made every effort to display, as accurately as possible, the information provided by the relevant third parties including POCs. However, we do not undertake any liability in respect of such information and or with respect to any other information in regard to which you are capable of conducting your own due diligence to ascertain accuracy.

Third-party links and resources

Where the Platform contains links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third-party sites), these links are provided for your information only. We have no control over the contents of those websites/platforms (including without limitation of Platforms) or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

MRG and/or Mykaizen are neither guaranteeing nor making any representation with respect to the goods or services made available or sold by such third parties. MRG and/or Mykaizen does not provide any warranty or recommendation in relation to the products and/or services made available to you by such third parties during your access or use of such third-party website/platform including in relation to delivery, services, suitability, merchantability, reliability, availability or quality of the products and/or services.

You shall not hold MRG and/or Mykaizen, its group entities, affiliates, or their respective directors, officers, employees, agents, and/or vendors responsible or liable for any actions, claims, demands, losses, damages, personal injury, costs, charges and expenses which you claim to have suffered, sustained or incurred, or claim to suffer, sustain or incur, directly or indirectly, on account of your use or access of third party website/platform.

MRG and/or Mykaizen is not a party to any contractual arrangements entered into between you and the third-party website/platform. We are not the agent of the third party and such third-party website/platform is governed exclusively by its respective policies over which MRG and/or Mykaizen has no control.

The use of such a link to visit the third-party website/platform implies full acceptance of these Terms and Conditions. MRG and/or Mykaizen shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content available on or through any such third-party linked website, including without limitation any form of transmission received from any third party website (including without limitation of Mykaizen) or its server.

We may from time to time update or revise these Terms and Conditions. Every time you wish to use the Platform, please check the relevant Terms and Conditions and Privacy Policy to ensure you understand the terms that apply at that time.

Events Beyond Our Control

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission, or accident that is beyond our reasonable control, including, among others, the following:

• Strike, lockout, or other forms of protest
• Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not), or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, collapse, epidemic, or any other natural disaster.
• Inability to use public or private transportation and telecommunication systems.
• Acts, decrees, legislation, regulations, or restrictions of any government or public authority including any judicial determination.

Obligations

Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfill these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.

Termination

• We may terminate this arrangement at any time, with or without cause. If you wish to terminate this arrangement, you may do so at any time by discontinuing your access or use of this Platform.
• We reserve the right to refuse the use of Services immediately in case your conduct is deemed by us to be in contravention of applicable acts, laws, rules, and regulations or these Terms and Conditions or considered to be unethical/immoral.
• For a change in law specifically, we reserve our rights to suspend our obligations under any contract indefinitely, and/or provide Services under revised Terms and Conditions.

Applicable legislation and jurisdiction

The use of our Platform shall be governed by the laws applicable in India. Any dispute relating to the use of our Services shall be subject to the exclusive jurisdiction of the courts at Mumbai, India.