TERMS AND CONDITIONS OF USE
Last updated: Nov 21, 2020
(“these Terms”) govern the access or use of the website https://misters.in/ (“the Website”). The
Website is an online service owned, operated and managed by HealthFactorial Solutions Private Limited
('HealthFactorial' or 'we' or 'us'). The Website is available for You together with all the content,
tools, facilities and services made available through the Website (collectively “the
Service”). Therefore, please read these Terms very carefully.
By clicking the box indicating acceptance of these Terms, you are indicating that you have read and
understood these Terms and agree that these Terms constitute a legal and binding agreement between the User (“You”,
“User”, “Patient”, or “Yours”) and
Health Factorial Solutions Private Limited, Plot no. 800, Phase V, Gurgaon, Haryana, 122016 (“HealthFactorial”,
“We”, “Us” or “Our”).
If You do not understand the Terms or if these Terms or any part of these Terms is not acceptable to You,
please do not access or use the Service or any part thereof. In these Terms, “You” /
“Yours” / “Yourself” denotes the natural person who
accesses/uses the Service or any part thereof.
We reserve the right to update or modify these Terms at any time in our sole discretion without any prior
notice to You. If we update or modify these Terms, We will post the revised version of these Terms on the Website
and such revision shall become effective immediately on such posting. It is Your responsibility to review these
Terms periodically for updates / modifications. Your continued access or use of any of the Service after any
revision becomes effective shall be deemed to constitute your acceptance and agreement to be bound by the revised
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a
computer system it 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
of Use for access or usage of the Website or the application ‘misters.in’.
Ownership and Intellectual Property Rights:
We own all copyright, trademarks, domain names and other intellectual property rights in or related to the
Service and all its various components. Except for Your personal data and information, all information, content and
material contained on the Website and/or Service is our intellectual property. No information, content or material
from any part of the Service may be copied, reproduced, republished, uploaded, recorded, posted, transmitted or
distributed in any way (including by using any automated programs, software, or any other method of screen
scraping), except for Your personal and non-commercial use, without Our express written permission.
Eligibility & Registration:
- The access/use of the Service is meant only for persons who are competent to contract as per
If You are not ‘competent to contract’ as per Indian law (i.e. if You have not attained the
majority according to the law to which You are subject, if You are not of sound mind or if You are
contracting by any law to which You are subject or any other provision as per Contract Law), You should
or access/use the Service or any part thereof. If the law applicable to You does not allow You to
Services in Your territory, You should not use this service. If You are the parent/legal
acting on behalf of a patient, You should disclose the same to us and by registering with us or
the Service on behalf of Your ward, You affirm that You have the full and proper authority to represent
and accept these Terms on his/her behalf.
- Once You successfully log in to the Website, You have to provide certain information about
requested when You attempt to register with Us and start using the Service. You may be required to
identity using a one-time password (“OTP”) as a confirmation code, which
transmitted to Your mobile number provided to us when You seek to register with Us through the short
(“SMS”). If You cannot provide the OTP when required to do so or the
through the OTP fails, You may not be able to register with Us and/or avail of the Service. However, You
be able to access and use the Service always subject to these Terms.
- When You register with Us and/or access or use the Service, You confirm that You have
current and complete information about Yourself and that You will keep all such information current,
accurate at all times for as long as You use the Service. All the data and information that You provide
collected from Your access/use of the Service shall be treated and protected in accordance with our
is deemed a part of these Terms.
- Your registration with Us and/or Your right to access the Service is personal to You and You
transfer this to anyone else. You may not use anyone else’s account at any time. You will be
responsible for any and all activities that occur under Your account with Us and We will not be liable
or damage that may occur as a result of someone else using the Service through Your account with Us or
Your personal information by any device or system, either with or without Your knowledge. If You become
unauthorized use of Your account with Us, please notify Us by writing to “email@example.com” with
“Unauthorized Use of Account” and We will initiate action to stop further access under the
- We reserve the right to terminate Your registration and / or refuse to register You or to
access to the Service, without notice, if We have reasonable cause to believe that You are in violation
likely to violate these Terms.
- "We may also send you other information about us, the Website, our
websites, products, sales
promotions, our newsletters, SMS updates, anything relating to other companies in our group or our
partners. If you would prefer not to receive any of this additional information as detailed in this
any part of it) please click the "unsubscribe" link in any email that we send to you or register as a Do
user. Within 7 working days (days which are neither (i) a Saturday or Sunday, nor (ii) a public holiday
India) of receipt of your instruction we will cease to send you information as requested. In case of any
can contact our Customer support service".
Grant of License & Reservation of Rights:
- We grant You a non-exclusive, personal, non-transferable, revocable, right and licence,
these Terms to access/use the Service solely for Your personal, non-commercial use.
- Except for the limited rights and license granted to You by these Terms, all rights in the
(including all intellectual property rights therein or underlying the same, including in the Website and
are reserved by Us.
- You do hereby grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty- free,
right to exercise the copyright, publicity, and database rights You have in Your information, in any
or not currently known, with respect to Your information to enable Us to use the information for the
providing the Services.
Nature of Service & Limitations:
- No doctor-patient relationship between Us and the User.
- We do not practice medicine and do not provide medical consultation. We merely provide a
platform and infrastructure that enables You to connect with participating medical practitioners listed
Service (“Medical Practitioner/Doctor”) and to use the messaging or
facilities of the Service that are designed to enable You to communicate with others via communication
available on the Website (“Communication Tools”) to consult with a Medical
recommended to You and to place orders for medicine listed by the Pharmacies on Our Website
- Any diet plans or advice or information that may be provided on or through the Service is for
only, does not constitute a medical opinion or advice or a diagnosis or treatment and is not a
professional medical advice, diagnosis or treatment.
- In order to enrich and improve Your experience We use the Services of qualified medical
have designed the questionnaires that helps to indicate the treatment that can be followed. Please note
not a medical advice.
- We are not responsible for the accuracy of the results of any self – assessment tests
as part the Service. These tests are conducted by asking a set of questions and arriving at a result
opinion of the expert(s) who designed the test. These tests are solely for information purposes to
risks to users having a particular health issue and the results of the tests do not constitute a medical
diagnosis. You should consult a medical professional before acting on the results of any such tests.
- Medical practitioners listed on the Service have signed / accepted contracts with Us and
that they are duly qualified to practice and sell medicine in India and are enrolled on the medical
of the states in India. While We make reasonable enquiries to confirm the veracity of this
by the Medical Practitioners, We shall not be responsible for any misrepresentation or fraud in this
not recommend or endorse any Medical Practitioners or make any representations or warranties with
respect to the
quality of the medical Services a Medical Practitioner may provide to You.
- The Pharmacist listed on the Service have signed / accepted contracts with Us and represented
they are duly qualified to sell and buy medicine in India and are enrolled under the Drugs and Cosmetics
and Drugs and Cosmetic Rules, 1945 as amended from time to time in India. While We make reasonable
confirm the veracity of this representation made to Us by the Pharmacies, We shall not be responsible
misrepresentation or fraud in this regard. We do not recommend or endorse any Pharmacies or make any
- The use of the Service does not create a doctor/patient relationship between You and Us nor
is for any
kind of medical emergencies for life threatening conditions or for when you need acute care. All medical
consultation shall be provided to You by the concerned Medical Practitioner directly and as such, the
Practitioner You consult with shall be solely responsible for compliance with all requirements
applicable to his
her professional Services provided to You and liable to You for all medical consultation, medical
or treatment recommended or provided to You. We shall not be responsible or liable for any defect or
the medical consultation, diagnosis or treatment recommended to You by any Medical Practitioner.
- The consultation provided to You by Medical Practitioners through the Website are not
Your relationship with Your physician or doctor and You should continue to consult with Your physician
health care professionals as needed / recommended. You should seek emergency help or follow-up care when
by a Medical Practitioner or when You are of the opinion that such help or care is prudent in Your sole
Limitations of Online Consultation and Informed Consent:
- When You seek consultation with any Medical Practitioner using the Communication Tools made
through the Service, You understand the limitations and potential risk of online consultations,
limited to the inability to carry out a physical examination or other extensive investigations; delays
arising from the disruption of communication devices or Communication Tools; the insufficient quality of
transmitted online, lack of access to Your medical records or medical history amongst others and the
of breach of privacy associated with sharing Your sensitive personal information or medical information
Communication Tools. You take full responsibility for ensuring that any information You submit is
accurate and understand that the Medical Practitioner relies solely on information provided by You. We
responsible for any errors in transmission or for the corruption or compromise of any information
telecommunication Services. Therefore, before sharing any information or acting on any information or
to You by or through the Service, You should confirm that You have understood and accept the associated
and risks and agree that You are not using the Service as a substitute for consultation with Your
- The transmission, storage and/or retrieval of data and information and the provision of the
through the internet is subject to a variety of factors beyond our reasonable control, including any
unavailability of third-party telecommunication services used to host / provide the Service. In no event
liable for any failure or interruption of the Service, including without limitation those failures or
resulting in part or entirely from circumstances beyond Our reasonable control. However, We may, but
obliged to, issue a notice when we know of scheduled maintenance of our Website.
- Without prejudice to the above, a Medical Practitioner may, in his or her sole discretion and
judgment, determine that the online consultations through the Service are not appropriate for some or
needs and, accordingly, may elect not to provide Services to You through the Website.
No Sale or Offer to Sell Drugs /Medicines:
- We do not distribute, sell, stock, exhibit or offer for sale any drugs or medicinal
merely allow You to use the functionality offered by the Service to transmit orders for drugs /
preparations to third party Pharmacies through Us and pay for Your purchases through Us. If You are the
a third party online Pharmacy that has in turn referred You to one of our participating Medical
consultation, You hereby consent and authorise the concerned Medical Practitioner and Us to transmit any
prescription/s that may be issued to You pursuant to Your consultation, to the said third party online
offers for sale, orders and the sale of drugs / medicinal preparations shall be between You and the
party Pharmacy and We shall not be a party to the said transaction. Therefore, We shall not be
for any defect or deficiency in the goods or the service provided to You by a Pharmacy.
- Pharmacies who We deal with have represented to Us that they are duly qualified and licensed
and medicinal preparations as per applicable law in India. While We make reasonable enquiries to confirm
veracity of this representation made to Us by the Pharmacies, We shall not be responsible for any
or fraud in this regard. We do not recommend or endorse any Pharmacy or make any representations or
respect to the quality of the drugs or medicinal preparation they may sell to You or their Services in
the sale/purchase transaction. We shall not be held responsible for any defect in the medicine ordered
the third party Pharmacies.
- Medical practitioners may prescribe medications when medically indicated in their sole
judgment. In the event that a Medical Practitioner does prescribe a medication, it will be his/her duty
with all applicable laws and We advise them to prescribe a medication as determined appropriate in
discretion and professional judgment. You agree that any prescriptions that You acquire from a Medical
by/through the Service shall be solely for Your personal use. You agree to fully and carefully read and
instructions provided to You by the Medical Practitioner and all product information and labels and to
physician or pharmacist if You have any questions regarding the prescription.
- The third party Pharmacy may require You to produce clear and valid prescriptions as required
the sale of drugs / medicinal preparations to You.
No Diagnostic / Medical / Clinical Tests or Service:
- We do not provide diagnostic or medical or clinical test Services. You may use the features
through the Service to book appointments with third party diagnostic laboratories / centres who deal
medical / clinical test or diagnostic Services are provided to You directly by the concerned
centres. We make no representations or claims, including as to the accuracy or quality, of the tests or
obtained by You from diagnostic laboratories / centres and shall not be responsible or liable for any
deficiency in the Services provided to You by a diagnostic laboratory/ centre.
- Diagnostic laboratories / centres who We deal with have represented to Us that they are duly
licensed and have the necessary equipment, qualified personnel, experience and expertise to provide
to You in India. While We make reasonable enquiries to confirm the veracity of this representation made
to Us by
diagnostic laboratories / centres, We shall not be responsible for any misrepresentation or fraud in
Diets advised and food or food supplements:
- Any diet plans or advice or information that may be provided on or
Service is for information
only, does not constitute a medical opinion or advice or a diagnosis or treatment and is not a
professional medical advice, diagnosis or treatment.
Use of Service:
- You agree to use the Service (including the Communication Tools) only in accordance with
all applicable laws. You may not use the Service in any manner that could damage, disable, overburden or
computer systems or interfere with any other party’s use and enjoyment of any Service. You should
to gain unauthorized access to any Service. You may not obtain or attempt to obtain any materials or
through any means not intentionally made available through the Service.
- Without prejudice to the above, You agree not to host, display, upload, modify, publish,
or share any information that:
- belongs to another person and to which You do not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic,
invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or
money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any
is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to
limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations
states, or public order or causes incitement to the commission of any cognisable offence or prevents
of any offence or is insulting any other nation; and
- You are solely responsible for all information You transmit or share using the Communication
are not obliged to monitor the same. However, We reserve the right to review any information or
using the Communication Tools and to remove (without notice to You) any information or materials that We
our sole discretion, violates any applicable law or these Terms. To this extent, You hereby waive
confidentiality and expressly authorise us to review all information You transmit or share using the
Tools. In the event of non-compliance with the Terms, We may (without notice to You), immediately
registration with Us and/or prevent Your access or use of the Service.
- You are also prohibited from:
- violating or attempting to violate the integrity or security of the Website or its content;
- transmitting any information on or through the Website that is disruptive or competitive to
of Services by us;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other users of the Website;
- using any engine, software, tool, agent or other device or mechanism (such as spiders,
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 content on the Website or other information
- framing or hotlinking or deeplinking any content on the Website.
Payment For Service:
- Some parts of the Service are chargeable as may be specified from time to time. We will tell
applicable charges for any paid Service and the payment terms presented to You when You use or order a
for the said Service or to not provide You with the ordered Service. We shall not be responsible for any
that is not provided to You if You fail to pay the applicable charges for the same. Charges paid are
except in Our sole discretion.
- We use a third party payment gateway for processing payments due to Us. The processing of
subject to the terms, conditions and privacy policies of the payment gateway, in addition to these
Terms. We don’t
control and are not liable for the security or performance of the payment gateway. You agree to pay Us,
payment gateway, all charges at the rates then in effect for any purchase in accordance with the
terms. We reserve the right to correct, or to instruct Our payment gateway to correct, any errors or
if payment has already been requested or received.
- We strive to provide best prices possible on products and Services to users buying or
Website. However, We do not guarantee that the price will be the lowest in the city, region or
availability are subject to change without notice or any consequential liability on HealthFactorial;
Your Data and Information:
- When You register with Us and/or access the Service, You will be required to provide certain
and information about Yourself to Us. When You access or use the Service, We also collect and store
what personal information and data We collect and how We treat Your personal data and information and
- Notwithstanding anything contained in these Terms, You hereby permit Us to store all
transmit or share using the Communication Tools (including your patient / medical records) and to share
with Medical Practitioners who You consult with to enable them to render their medical Services to You.
permit Us to transit prescriptions for medicines with Pharmacies to enable them to service Your order
and medicinal preparations ordered by You. Subject to the above, all Your medical / patient records
the Services You avail through the Service shall remain Your property.
- While placing an order for sale of drugs / medicinal preparations with Us, You fully
authorize Us to
Your personal details like name, address, phone number etc. as well as the medicine prescription to
Pharmacy for the purpose of processing Your order. The same Third Party Pharmacies may, in turn,
information for their internal purposes. Also, on placing an order with Us, You authorize the third
pharmacies to contact You via Phone/ SMS / Email for the purpose of fulfilling Your order.
- We are requesting for Your email address, so We can send You invoices for the transactions
You make on
Health Factorial and also to help You refer Your friends and family and therefore earn referral bonus.
Changes to Service:
- We reserve the sole and complete discretion with respect to the operation of
the Service and We may add,
modify, suspend or discontinue any functionality or feature of the Service or any of the Services
provided by Us
without any notice to You.
Third Party Links and Advertisements:
- The Service may contain links to third party websites and third party advertisements, that
maintained or controlled by Us. Third party links and advertisements are provided for Your convenience
not imply endorsement or any representation or warranty by Us to content, goods or Services that may be
these third parties.
- When You click on any of these third party links, You are leaving the Service and will be
entirely at Your own risk.
- You acknowledge and agree that Your use of the Service is solely at Your own risk, and that
full responsibility for all risks associated therewith. All information, products or Services contained
provided through the Service are provided “as is”, without any warranty of any kind, express
We do not make any warranty or representation as to the quality, quantity, potency, purity, standard,
manner of performance of any of the information, products or Services contained on or provided through
We hereby disclaim, to the maximum extent permitted by applicable law, all representations and
or implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness
particular purpose, title, non-infringement, reliability, accuracy, completeness, timeliness or that the
availability of the Service will be uninterrupted, timely, secure, or error free.
- The Website assumes no responsibility for any damages or viruses that may infect Your
or other property on account of Your access to, use of, or browsing in this Website.
Limitation & Exclusion of Liability:
- To the fullest extent permitted by law, in no event will We be liable for any
direct, indirect, special,
incidental, punitive, exemplary or consequential damages, whether or not We have been warned of the
such damages. In any event, our total aggregate liability to You, if any, will not exceed the charges
paid to Us by
you (if any) for the particular Service in questions.
- We shall not be liable to any person for any loss or damage which may arise from the use of
information contained in any of the materials on this Website.
- You agree to defend, indemnify and hold harmless HealthFactorial, its employees, directors,
agents and their successors and assigns from and against any and all claims, liabilities, damages,
expenses, including attorney's fees, caused by or arising out of claims based upon Your actions or
may result in any loss or liability to HealthFactorial or any third party including but not limited to
warranties, representations or undertakings or in relation to the non-fulfillment of any of Your
these Terms or arising out of your violation of any applicable laws, regulations including but not
intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation
of privacy or publicity, loss of service by other subscribers and infringement of intellectual property
Website feedback, user comments and user generated content:
- All reviews, comments, feedback, postcards, suggestions, ideas,
submissions disclosed, submitted
to Us on or by this Website or otherwise disclosed, submitted or offered in connection with Your use of
(collectively, the "Comments") shall be and remain our property. Such disclosure,
offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests
copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights,
interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We
entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and
any Comments You submit for any purpose whatsoever, without restriction and without compensating You in
any way. We
are and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay You any
for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by You to the
will not violate these Terms or any right of any third party, including copyright, trademark, privacy or
personal or proprietary right(s), and will not cause injury to any person or entity. You further agree
Comments submitted by You to the Website will be or contain libelous or otherwise unlawful, threatening,
obscene material, or contain software viruses, political campaigning, commercial solicitation, chain
mailings or any form of 'spam'. We do not regularly review posted Comments, but do reserve the right
(but not the
obligation) to monitor and edit or remove any Comments submitted on the Website. You grant Us the right
to use the
name that You submit in connection with any Comments. You agree not to use a false email address,
person or entity, or otherwise mislead as to the origin of any Comments You submit. You are and shall
responsible for the content of any Comments You make and You agree to indemnify Us and Our affiliates
for all claims
resulting from any Comments You submit. We and Our affiliates take no responsibility and assume no
liability for any
Comments submitted by You or any third party.
- We reserve the right to suspend and/or terminate Your access to the Service
with or without notice, if You
breach these Terms. Upon suspension or termination, Your right to procure the Service shall immediately cease and We
reserve the right to remove or delete Your information that is available with Us, including but not limited to
account details. Such termination will be without any liability to HealthFactorial. Upon termination, You must
promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such
materials, however made. Our right to any Comments shall survive such termination. Any such termination shall not
cancel your obligation to pay for the Service already obtained through the Website or affect any liability that may
have arisen under these Terms.
- All notices to Us shall be in writing and shall be made via e-mail to firstname.lastname@example.org or other email
address as notified in these Terms and all notices to You shall be made through the Service, via e-mail to the
e-mail address You provide at the time of your registration or to your communication device registered with
- Governing Law and Jurisdiction:
- The interpretation of these Terms and the resolution of any dispute relating to Your access or use of
Service shall be governed by the laws of India subject to the exclusive jurisdiction of Courts in Gurgaon. All
disputes will be subject to arbitration in Gurgaon in English by a single arbitrator appointed by us under the
Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost.
- If any term or provision of these Terms shall be declared invalid by a court of
then such provision will be interpreted, construed, or reformed to the extent reasonably required to render it
valid, enforceable, and consistent with the original intent underlying such provision and the remainder of these
Terms shall remain in full force and effect, according to its terms. The failure to exercise or enforce any right or
provision of these Terms does not constitute a waiver of such right or provision. Headings are for reference
purposes only and in no way define, limit, construe or describe the scope or extent of such clause. Your right to
use the Service is personal to You and You shall not assign or transfer in any manner any of Your rights,
obligations or interest in these Terms or Your subscription to any third party. We may freely assign our rights and
obligations hereunder. Should there be any conflict between these Terms and any other notice/communication, the
terms and conditions set forth in these Terms shall prevail, to the extent of such conflict. These Terms (including
constitute the entire agreement between Us and supersedes all prior agreements regarding the subject matter hereof.
When You use the Service and provide any information on or through the Service; or when You click any of the buttons
available on the Website or when You send an e-mail to Us, you are communicating with Us through electronic records.
You hereby consent that such electronic records, whether sent by You or automatically generated by the computer
system when You click on any of the buttons available on the Website or the Service, shall be deemed to be
communications sent in writing by You.
- If You have any concern or grievance or complaint with respect to the Service, please e-mail us at email@example.com and We will study the matter and take such action as we
appropriate under the circumstances.
Website) and agree to all of the provisions contained therein.