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TERMS AND CONDITIONS

These Terms and Conditions and our Privacy Policy regulate your use of Niramoy's website www.niramoy.health and our application Niramoy E-clinic.

By using Niramoy's platform, you agree to be bound by these Terms and Conditions of use and accept responsibility for complying with any applicable local laws. Please read these Terms and Conditions and the Privacy Policy available at www.niramoy.health before accessing the website or using the services made available by Niramoy. These terms, together with the Privacy Policy, form a legal agreement between you and Niramoy in connection with your visit to the website and application.

Niramoy maintains the right to update or modify these Terms at any time. By using the Niramoy platform from now on and in the future, you signify your acceptance of any such modifications. In this case, we respectfully request that you continue to review the Terms each time you visit or use the platform so that you are aware of any modifications we may be made to these Terms and Conditions.

If you disagree with any of these terms, you are not permitted to use this website.

Conditions of Agreement:

If you use the Niramoy website or Niramoy application, you agree that Niramoy does not provide healthcare and health-related services or act as a doctor/healthcare professional and that all such healthcare and health-related services are provided by independent third-party doctors who are not employed by Niramoy or any of its affiliates.

By registering, visiting, and using the website, or accepting this agreement, you represent and warrant to Niramoy that you are at least 18 years old or older. If you are below 18, you must make sure that you are supervised accordingly so that you have the right, authority, and capacity to use the Niramoy website/Niramoy application and the services available through the platform, and that you agree to and abide by this agreement.

If you have any questions about the platform or the Terms and Conditions, please contact us on info@niramoy.health

The agreement applies to you regardless you are:

(a) a medical practitioner or healthcare provider or similar institution wishing to be listed, or already listed, on the Niramoy website or application.

(b) or a patient, his/her representatives, or affiliates searching for practitioners via the Niramoy website or application.

(c) for practitioners: A list of practitioners, as well as their profiles and contact information, will be made available to users and visitors to the Niramoy website/application.

(d) a pharmacist: a registered pharmacist who has downloaded the application and using its service to book consultation via the application.

(e) the agreement applies to you regardless of whether you are -- using the website/application for other users: the ability to (I) create and maintain 'Niramoy Accounts,' (iii) search for practitioners by name, specialty, department, or any other criteria and (iii) make appointments with practitioners.

You hereby initiate, warrant, agree, and/or properly understand:

Niramoy Services:

• The Niramoy application is a technology platform that uses information and communication technologies to facilitate online booking opportunities for healthcare and health-related services by Registered Medical Doctors to those in need of medical care/service. This will be accessible to registered pharmacists so that they can utilize the application to book online appointments for patients.

• To provide services, doctors/healthcare practitioners must follow standards and protocols relating to the doctor-patient relationship, evaluation, management, treatment, continuity of care, referral for emergency services, medical records, prescription, counseling, and so on, in accordance with the Guidelines, Code of Conduct, and other laws and regulations applicable to medical professionals in Bangladesh.

• You expressly acknowledge and agree that Niramoy:

i. is a healthcare company providing services that connect you to healthcare conveniently through technology;

ii. each doctor is solely responsible for providing its services to clients in a legal and compliant manner, which is facilitated by the use of the Niramoy Platforms.

iii. Niramoy accepts no responsibility or liability for any services rendered by healthcare providers or received by clients. Such as pharmacists using the Niramoy Application to book consultations for a patient etc.

REGISTRATION

• The user consents to receive communications from Niramoy regarding I) details of transactions mentioned on the Niramoy platform; (ii) payment requests; (iii) information about Niramoy platform and its services; (iv) promotional offers and services from Niramoy and its third-party partners; and (v) any other matter relating to the Niramoy platform.

• A user of Niramoy platforms must create a profile/sign up on the platform using his or her email ID and phone number, among other information, in order to use the services. The user guarantees that all information provided in connection with its profile is accurate and true in all aspects and will continue to be so. Likewise, it also applies if the information is updated, changed, or modified.

• By registering for an account and accessing the Niramoy website and Niramoy application, you represent that you are over the age of 18 and are not barred from using the platform under applicable law.

• You represent and warrant that all of the information (full name, gender, birth date, active mobile number, email address) and profile picture you provide to register with this platform are correct, up to date, and will remain valid at all times. These details will be kept and used in accordance with our Privacy Policy.

• By registering with us, you decide to follow the Niramoy Terms and Conditions at all times and to use the Niramoy platform. You also acknowledge and agree that you will not use any automated software to access or use the platform.

• Attempts to breach the security of any computer or mobile network, or to access an account on the platform that does not belong to you, are strictly prohibited.

• Only registered pharmacists are permitted to create accounts in the Niramoy application to prevent fraud or abuse. Niramoy reserves the right to deactivate, delete or restrict any such account.

• This platform is not responsible for any technical errors or security breaches beyond its control.

• As a pharmacist to book a doctor's consultation, you would need to go to the application and book an appointment for online consultation. By starting the booking process, you agree to the doctors using telemedicine facilities on the platform to provide medical services, and you agree that the doctors will have access to some of the patient's personal information, in order to continue the consultation. A pharmacist must not hold Niramoy for irrelevant accusations and ruin the brand name.

CONSENT TO DATA:

1. As a user you must acknowledge and agree that Niramoy may, in accordance with its Privacy Policy, will collect and use some of your information, technical data, and associated information, as well as information given while interacting with any third-party service providers.

2. To further improve the effectiveness and efficiency of the Niramoy platform, Niramoy may analyze information and data relevant to your usage of the services, identify trends, and compile statistics.

3. Subject to relevant laws, Niramoy may be required to provide information on users to law enforcement officials, the government, or other entities in connection with criminal investigations. You recognize and acknowledge that in such cases, the Company shall be entitled to disclose such data with pertinent agencies or entities.

USERS RESPONSIBILITY

1. By agreeing to these Terms, the user represents and warrants that all information provided by the user through or in connection with the Niramoy services are valid, complete, true, and accurate as of the date of the agreement and will remain the same during the entire time the user uses the Niramoy platform.

2. If the user disagrees to disclose a material fact or provides incorrect, insufficient, inaccurate, or misleading information, documents, material, or data in order to use the services, Niramoy will not be held responsible.

3. Users are encouraged to double-check before generating payment links for prohibited content as failure to do so may result in the suspension or deletion of the user's account.

4. The User is exclusively in charge of ensuring compliance with applicable laws and is alone responsible for any liabilities that may result from a breach of those requirements.

5. The User is exclusively in charge of ensuring compliance with applicable laws in accordance with our country and is alone responsible for any liabilities that may result from a breach of those requirements.

6. The user shall cooperate fully with Niramoy in defending any legal actions that may arise against the user or the company as a result of a violation of the user's responsibilities or promises under these Terms by the user.

MAINTAINING RECORD OF TRANSACTIONS

A user must store records of all payments made through the Niramoy platform separately from the platform independently for future purposes (e.g., in the form of physical copies, etc.), and Niramoy reserves the right to obtain copies of these records for its own purposes, including record keeping.

FEES AND CHARGES

For the services, Niramoy contains the right to charge a convenience fee for their services, and non-payment may result in service cancellation. The amount shall be decided by Niramoy.

Cancellation/Refund Policy:

  1. Transactions cannot be cancelled after they have been performed. Niramoy is not responsible for the transaction if the website visitor or pharmacist input the incorrect number or ID while using the Niramoy application.

  2. All transactions are real-time, and if there is a delay at the conclusion of a transaction, the user can contact Niramoy's customer service staff at info@niramoy.health

  3. With the Niramoy app, there is no policy on canceling an appointment once it has been made; instead, the pharmacist may schedule another appointment for the future.

Third-Party Services:

1. Niramoy platform services may contain links to Third-Party Services or other services, content, documents, or information that are owned, licensed to, or otherwise made accessible by a third party. Users need to recognize that usage of such Third-Party Services is exclusively at their own risk and that Third-Party Services are the responsibility of the third party that produced or offered them. 

2. Niramoy completely excludes all warranties and liabilities, including those relating to the accuracy or completeness of such Third-Party Services. All intellectual property rights in and to Third Party Services are also the property of the relevant Third Parties.

3. The user should be careful not to intentionally or unintentionally share his personal OTP with any other party since Niramoy e-clinic application authorizes payments via SSLCommerz. Niramoy will not call or otherwise ask for information like a Unified Payment Interface (UPI) pin or OTP.

4. If the user shares such details with other parties not related to the Niramoy platform, the providers of Third-Party Services are not responsible for any fraud that results from that.

5. If a victim approaches Niramoy through the appropriate channels, such as customer support, and one of these fraudulent transactions takes place when the user discloses their debit/credit card or UPI details, the company may share pertinent information about such transaction, but will not take full responsibility of such actions.

LIMITATION OF LIABILITY

• In no event shall Niramoy or its affiliates be liable for any indirect or unusual consequential damages, or personal injury, in connection with, or otherwise resulting from any use of our services. We only create a link between patients and healthcare service providers and their affiliates.

• Niramoy shall not be liable for any damages or losses resulting from your use or reliance on the platform and its services, or your inability to access or use the services. This includes any side effect from doctor's medicine suggestion, lab test results or any suggestion from doctors or pharmacists associated with the Niramoy platform.

• Any transaction or relationship between you and the doctor personally or you and any third party, that does not concern our application/website.

DISPUTE RESOLUTION AND JURISDICTION

• If any conflict arises between you and Niramoy, we strongly advise you to first contact us directly to seek a resolution by visiting the Niramoy contact page. As an alternative to litigation, we will consider rational requests to resolve the dispute through alternative dispute resolution procedures such as mediation or arbitration.

• This T&C shall be governed and construed in accordance with Bangladeshi law. The courts of Bangladesh shall have exclusive jurisdiction over all disputes or matters arising under this Agreement, and the parties irrevocably submit to the courts of Bangladesh for the resolution of any disputes arising under or in connection with this Agreement.