Welcome to, a patient support initiative by Emcure Pharmaceuticals Limited (“Emcure”), for providing requisite guidance and support for managing chronic diseases, and adherence to prescribed medications and a healthy lifestyle (“MyAarambh Program”). The MyAarambh Program Terms and Conditions (“Terms and Conditions”) constitute a legal and binding agreement between You (hereinafter defined) and QMS Medical Allied Services (“we”, “us” or “our”) and govern Your access to and use of our website [https://myaarambh.co.in] (“Website”) (Website, App and whatsapp bot is referred to as the “Platform”).
By accessing, installing, registering and using the Platform, it is deemed that You have read, understood, and accepted, without limitation or qualification, the Terms and Conditions By clicking a button or checking a box marked “I Accept” on the Website or after downloading the App or on whatsapp bot, signifies that You have read, understood, and agree to be bound by the Terms and Conditions and any amendment or modification made subsequently and communicated to You. If You do not agree to the Terms and Conditions, You shall not be able to access or use the Platform. In addition to the Terms and Conditions, You also acknowledge and agree to be bound by our Privacy policy available on the Platform.
1. Applicability
1.1. The Terms and Conditions shall be applicable to:
a) anybody who accesses, downloads and uses the Platform (Users)
b) anybody who subscribes to the services provided on the Platform (Patients)
(Users and Patients are collectively referred to as “You” or “Users and Patients” and individually referred to as “Users”, “Patients” or “You”)
1.2. By using/ accessing the Platform, You represent and confirm that You have capacity to enter into a legally binding contract under the Indian Contract Act, 1872 and that You are above 18 (eighteen) years of age and shall be able to provide necessary documentary proof such as Aadhaar card, passport etc. to verify the same (if required).
1.3. Once the App is downloaded, You will be requested to populate your mobile number to receive a one-time-password (OTP). Once You receive the OTP, kindly enter that into the App and You will be onboarded into the MyAarambh Program as a User or a Patient.
2. Purpose
2.1. The MyAarambh Program is designed to provide requisite guidance and support for managing chronic diseases and ensuring adherence to prescribed medications and a healthy lifestyle.
2.2. The Platform is not intended to replace the advice of a licensed medical professional. Always consult your doctor before making any healthcare decisions.
3. Intellectual Property
3.1. QMS is the owner of the Platform and exclusively owns all intellectual property rights, including copyright in respect of the content, design, graphics, weblinks and information mentioned on the Platform,.
3.2. You agree that nothing in the Terms and Conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to Intellectual Property rights) stands transferred/assigned to You by QMS. A non-transferable, non-exclusive, non-sublicensable limited right and license to install the App and use the Website and whatsapp bot and services available on the Platform is granted to You, solely for the purpose of use of the Platform and in the manner as permitted under the Terms and Conditions.
4. Users and Patient’s Obligations
4.1. You acknowledge that the Platform is strictly for your personal and non-commercial use and shall not be used for any other purposes whatsoever, including but not limited to copying, reproducing, selling, distributing, licensing or making any derivative works of the Platform or any of the content contained on the Platform. You agree not to decompile, reverse engineer or disassemble the Platform or any part of it either in whole or any portion of any component.
4.2. You shall not use the Platform or services for any unlawful purpose which could amount to violation of applicable laws and regulations.
4.3. You shall not infringe the copyright, trademark, trade secret or any other intellectual property rights and privacy policies of QMS or any of the third parties. You shall not make any derogatory statements on any social media or any other public platform or act in a manner to defame, disparage, mislead the public or harass QMS for any of the services provided through the Platform or under the Aarambh Program.
5. Grievance cell
In case You are experiencing any difficulty in accessing or using the Platform or need any clarity with respect to the services available on the Platform, You may reach out to the customer care team of the MyAarambh Program (hereinafter referred to as “MyAarambh Customer Care”). You can either write to info@myaarambh.co.in or call on 9076100014 from Monday- Saturday, 9:00 hours-18:00 hours to speak to the MyAarambh Customer Care.
6. Disclaimer
6.1. Uninterrupted Services – QMS does not warrant that the Platform or any portion of the service, or content offered on the Platform, will be uninterrupted, secure, or free of errors, viruses, or other harmful components. QMS will give prior intimation to You, in the event of periodic maintenance operations during which the Platform may not be accessible, for which QMS will not accept any responsibility.
6.2. QMS does not guarantee or warrant that the App is compatible with any mobile software system (iOS or Android) or computer system or that the Platform, or any links from the Platform, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your mobile software system, the entire cost of any service, repairs or connections to your mobile software system that may be necessary as a result of Your use of the Platform.
6.3. In case QMS is made aware of any User and/or Patient attempting to hack the data stored on the Platform or cause such violation, QMS shall be entitled to institute an investigation and seek legal remedy against such User and/or Patient.
6.4. Medical Advice – The Platform and the information contained therein, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is made available by QMS for educational and informational purposes only and does not constitute/substitute professional medical advice, diagnosis, treatment or recommendations of any kind. By accessing the Platform, You understand and acknowledge that there is no doctor-patient relationship between You and QMS. You further acknowledge your understanding that the Platform should not be used as a substitute for competent medical advice from a licensed/ registered doctor or healthcare professional. You should always seek the advice of your licensed/ registered doctor or healthcare professional with any questions or concerns You may have regarding your individual needs and any medical conditions. You agree that You will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any content provided on or through the Platform. Reliance on any such content is solely at your own risk.
The Platform may also contain information transmitted through electronic media including without limitation, videos, interviews of physicians and healthcare professionals which include the views of the individual expressing them and are not under the direct or indirect control of QMS. Inclusion of any such information, through any electronic mode, does not imply endorsement by QMS of the information provided therein.
6.5. Disclaimer of all Warranties– The Platform and the services are provided on “as is” and “as available” basis without warranty of any kind, express, implied, statutory or otherwise, including, without limitation, warranties of title, non-infringement, for a particular purpose. Without limiting the generality of the foregoing, QMS makes no warranty, representation or guarantee as to the content, sequence, accuracy, timeliness or completeness of the information, that the information may be relied upon for any reason or that the information will be uninterrupted or error free or that any defects can be corrected. Without limiting the generality of the foregoing, QMS makes no representations or warranties with respect to any information offered or provided within or through the Platform regarding treatment of medical conditions, action, or application/usage of medication.
7. Third Party Services
The MyAarambh Program may integrate with or link to third-party services or programs, such as diagnostic labs or teleconsultation partners or well-being programs. QMS shall not be responsible for the content, results, accuracy, or privacy practices of such third parties/ services/ programs.
8. Limitation of Liability and Indemnity
8.1. You shall indemnify and hold QMS and its directors, employees or officers harmless, from any and all claims, costs, expenses, judgments or losses as a result of any prohibited, unlawful and unauthorized use of the Platform or violation of the Terms and Conditions.
8.2. QMS will not be liable for any damages of any kind whatsoever, including but not limited to direct, indirect, incidental, consequential or punitive damages, arising from or connected with Your access, use or inability to use the Platform.
8.3. While QMS intends to make every attempt to keep the information in the Platform current and up to date, QMS makes no claims, promises or guarantees about the accuracy, completeness or adequacy of any information contained in the Platform.
8.4. QMS does not warrant that the Platform or the network system linked to it is free from any operational errors, viruses, worms or any other harmful components although QMS shall take reasonable measures to remedy or avoid any such events. QMS shall not be held liable for any loss of service resulting from communication or network failures or for any events beyond the reasonable control of QMS. QMS shall not be liable for any injury, damage or other consequence, health related or otherwise, arising out of any inaccuracy in the information provided by You on the Platform and You shall be requested to always cross check the advisory provided to You with your licensed/ registered doctor or healthcare professional.
9. Miscellaneous
9.1. Data Protection– Access, use or browsing of the Platform requires collection or storage of Your personal data or any other personal information, which will be managed by third party service provider engaged by QMS. However, QMS will not have any direct access to Your or any of User’s/ Patients personal data or any other personal information available on the Platform. Therefore, QMS disclaims any claim or liability that may arise out of any violation of applicable data protection laws by virtue of Your use of the Platform.
9.2. Governing Law– The Platform shall be governed by Indian Laws and any dispute shall be subject to the exclusive jurisdiction of the Courts in Mumbai, India only.
9.3. Waiver– Failure by QMS to exercise any right/ remedy available under the Terms and Conditions shall not be waiver of such right or remedy.
9.4. Modification– QMS reserves the right to change or update the Terms and Conditions, or any other document incorporated herein by reference at any time without notice. Your continued use of the Platform after any changes to the Terms and Conditions indicates Your acceptance of such changes. You acknowledge that QMS may from time-to-time issue upgraded versions of the Platform and the Terms and Conditions and may automatically upgrade the version of the App that You are using on your mobile device, and You consent to such automatic upgrading on Your mobile device and agree that the Terms and Conditions will apply to all such upgrades. Emcure reserves the right to withdraw the MyAarambh Program at any time without any prior notice to the Users/Patients.
MyAarambh Program Terms and Conditions for Patients
The MyAarambh Program Terms and Conditions for Patients will be applicable if You have subscribed to the 3 (three) month MyAarambh Program. You will be eligible to be part of the MyAarambh Program if You consent to share Your details and timely upload genuine prescriptions received from Your healthcare professional along with purchase invoice(s) evidencing purchase of the said medicines. Upon fulfilling this criterion on a regular basis, You will be entitled to be a part of the MyAarambh Program. In the event, You discontinue or fail to upload the prescription and the corresponding purchase invoice, You will not be able to avail the services of the MyAarambh Program. The MyAarambh Program Terms and Conditions for Patients will be applicable on Patients who are citizens of India.
1. Onboarding Process Registration
a) Once You have been onboarded into the MyAarambh Program, You will be able to review the services provided under the MyAarambh Program.
b) You may also reach out to the MyAarambh Customer Care number 9076100014 from Monday- Saturday, 9:00 hours-18:00 hours to speak to the MyAarambh Customer Care team or write to us to info@myaarambh.co.in for seeking any clarification with respect to any details of the MyAarambh Program.
c) Once all the documents are uploaded, the same will be reviewed at the backend and upon approval within twenty-four (24) working hours, You will be enrolled for the MyAarambh Program.
e) Once you have enrolled for the MyAarambh Program, a welcome call will be scheduled with MyAarambh Customer Care to enable us to help you understand the MyAarambh Program and accordingly schedule your first counselling call. QMS will also share with You a welcome letter in your email.
f) Upon enrolling, MyAarambh team will also explain You the journey of the MyAarambh Program which will include counselling from qualified dieticians & exercise specialists for providing education, sessions for obesity.
g) The above services will be spread across the 3-month journey in the following manner:
– Month 1: Onboarding Kit + Diet Counselling based on medical condition+ Demo for a injection provided by the healthcare professional
– Month 2: CSE Follow up (FU)+ Personalized Exercise session based on medical condition+ Education material
– Month 3: Diet FU Counselling session based on medical condition + FU call by CSE
Note
1. Upload doctor prescription and invoices to avail the services under the MyAarambh Program.
h) You will continue to receive updates of Patient’s journey into MyAarambh Program by email and on WhatsApp number provided by You, at the time of onboarding.
2. Patient’s Obligation
a) You shall ensure that You understand the complete services provided under the MyAarambh Program and regularly upload doctor prescription and invoices on the App/ whatsapp bot, which You may have received for purchasing the medicines.
b) You will not be able to transfer/ assign the services booked for one Patient to another.
c) You shall not attempt to access the data of any other Patient or attempt to scan or procure information available on the App/bot or transmit any virus, defects and trojan to destruct/ disrupt the working of the App or attempt to spam or send unwanted messages to other Patients and/or Users.
d) You shall not create false accounts and attempt to make use of fraudulent ways to avail the services under the MyAarambh Program.
e) While You may give feedback/participate in surveys conducted in respect of the MyAarambh Program, You shall ensure that the same is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic or libelous in any manner or the feedback/ survey response is not invasive of any third party’s privacy, or otherwise contain any element that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner. Further, You acknowledge and consent to Your feedback/ survey response being used in various mediums, including but not limited to, social media or any print media, as may be desired by QMS.
f) You shall ensure to follow through the scheduled counselling and in the event the same is required to be rescheduled, then You are requested to reach out to MyAarambh Customer Care at least forty-eight (48) hours before the scheduled counselling.
h) If You have any questions or reports of side effects / adverse events or product quality complaints about any product, please write to the customer care support mentioned on the medicine/ product with details about your concern, product name, as well as your contact details and country of residence.
3. Disclaimer
a) QMS endeavors to provide the best possible support to You to manage chronic diseases through a healthy lifestyle, proper medication and counselling. However, You are advised to continue seeking medical advice and therapy from Your licensed/ registered doctor or health care professional and any part of the MyAarambh Program, including but not limited to, psychological, dietary, physiotherapy and education on therapy management does not intend to substitute medical advice. QMS will not be liable for any direct or indirect loss suffered on account of you, substituting medical advice from Your healthcare professional with the services of the MyAarambh Program.
b) The MyAarambh Program is not an emergency service equipped to handle emergency medical conditions/ situations. QMS shall not responsible or liable for (i) any treatment decision made solely based on MyAarambh Program support; (ii) the accuracy of information You provide; or (iii) Services provided by third-party labs or logistics providers or DEs.
c) Force Majeure– QMS shall endeavor to provide complete services as booked by You under the MyAarambh Program. However, failure to provide any service due to Act of God such as fire, floods, acts of terrorism, weather, death, serious injury or other catastrophes, epidemics or quarantine restrictions, pandemics, lockdown imposed by the government or any other local authority or change in applicable laws or other cause(s) beyond the reasonable control of Emcure, not reasonably foreseeable or not caused by acts or omissions of QMS, shall not make QMS responsible or liable for such failure.
4. Confidentiality
a) Information disclosed by You shall be treated as confidential at all times and the same shall be used only for the purpose for which the information has been received thereof. You are requested to disclose only that information on the Platform or to the MyAarambh Customer Care, which is required for the MyAarambh Program and QMS shall not be liable to You, directly or indirectly, for disclosure of any information to the MyAarambh Customer Care and/or to the diagnostic labs or to any other third parties associated in the MyAarambh Program, which is not asked/called upon for the purpose of the MyAarambh Program.
b) The Platform shall access and retain Your records, which will be used only for the purpose of facilitating the services to You under the MyAarambh Program and the information retained on the Platform will be treated with utmost care and shall not be disclosed, divulged, except in connection with the services on a need basis. Any disclosures of the information shall be in accordance with data protection standards as per applicable law.
c) By clicking on “I Accept”, You provide Your consent to QMS to collect, store, use and share Your personal information, medical information and prescriptions for providing the services and improving/ enhancing the quality of the services and using or uploading on the Platform any testimonials provided by you.