Rx.mg is a brand/software (Software as a Service) owned by WITS Interactive Pvt. Ltd.
Application/Membership to Rx.mg entitles a member/applicant to gain access to the services offered by Rx.mg including but not limited to usage of Rx.mg as software as a service in order to maintain and communicate the patient’s personal health records with their medical practitioners enrolled as members with Rx.mg. Furthermore, it also entitles the member/applicant to use all such services as are required by them in relation to the processing of information and also in the interpretation, application, and use of processed data and such developed software.
These detailed Terms and Conditions of a member’s/applicant’s membership/application to Rx.mg are made available to them in pursuance of their application for membership.
The obligations, benefits, etc. flowing/ accruing from such membership/application as stated in the terms and conditions would be deemed to have been read and understood by each person prior to his/ her applying for the said membership.
Members/Applicants are obliged to provide correct details when they apply for the membership of Rx.mg and failure to do so may invalidate the membership and disentitle the applicant/ member from securing the benefit of the services provided by Rx.mg from the time the same comes to light and/ or to the knowledge of Rx.mg. It is the responsibility of the members to, at all times, update and provide accurate information during the subsistence of their membership/application.
All membership applications are subject to verification by Rx.mg. Rx.mg will notify the member in the event that their membership application has been accepted via the e-mail.
Members are required to give Rx.mg 10 days prior notice where he/she desires to cancel his/her membership.
Rx.mg reserves the right to admit/not admit/ any person as a member. The decision of Rx.mg shall be final and binding in this regard and no correspondence whatsoever shall be entertained in this connection. Rx.mg similarly reserves the right to renew/ not renew the membership of any person as a member.
Rx.mg reserves the right to terminate the membership of any person if Rx.mg has reason to believe that such person is in violation of these Terms and Conditions, as amended from time to time, and/or if Rx.mg has reason to believe that the information as provided by such person is false or untrue. Further, Rx.mg reserves the absolute right to cancel suspend any member’s membership (at its sole discretion) for any reason whatsoever. The decision of Rx.mg in this regard shall be final and binding and no correspondence in this regard would be entertained.
The membership of Rx.mg is personal to the member and it shall be the responsibility of such member to ensure that the membership benefits are not used by anyone other than the person who is a member. In the event, Rx.mg notices third party’s using a member’s membership to access the services of Rx.mg, then Rx.mg reserves the right to discontinue such membership and/ or take suitable action as it may deem fit in such a scenario.
The Terms and Conditions governing membership may be periodically changed by Rx.mg. All such changes would stand duly reflected on our website www.Rx.mg.
Each member shall be entitled to all the benefits that flow/accrue from the membership/application sought and granted to the member by Rx.mg. Any service outside that of what the member is entitled to may be, in a given situation, acceded to by Rx.mg at charges which will be communicated to the member at that point in time.
As a member of Rx.mg, please note that the third-party service providers/ suppliers of benefits (approved, associated, and contracted with Rx.mg) and such benefits granted under the membership themselves are subject to availability and may change from time to time. Rx.mg cannot and shall not be, at any point, be liable for its inability to facilitate any such service on account of the default of such third party service providers/suppliers of benefits as the case may be. Rx.mg shall, however, at all times, endeavour to deal with every query, request, requisition, etc. by any member in the best possible manner and to their satisfaction.
Rx.mg aims to ensure that the benefits remain available at all times and are constantly negotiating new benefits to ensure that the members receive maximum use of their membership. If any of the benefits become unavailable, Rx.mg will do all they can to ensure that prior commitments are honoured to the fullest extent possible, but shall not be responsible for any actions of any third-party service providers who default in rendering the service requested for by the member and/ or any default due to certain unforeseen, unavoidable external factors.
Rx.mg shall endeavour to fruitfully process the member’s request in a seamless and expedient manner so as to ensure that the member’s request is complied with, to his/ her full satisfaction.
If any service or any other information which comes under the services of Rx.mg is not provided to the member as required or to the satisfaction of the member concerned, the member is required to contact the representative of Rx.mg, within such appropriate time of such an event happening. In pursuance, thereof Rx.mg will investigate the matter appropriately. Upon investigation where it is assessed that such defect in the service provided for reasons directly attributable to Rx.mg, the same will be remedied by Rx.mg, in consultation with the affected member, in a manner that is in the best interests of both Rx.mg and the member. However, the decision of Rx.mg in this regard will be final and binding.
Under no circumstances, as envisaged under this clause or otherwise, shall Rx.mg be ever liable to pay any member any sum of money for any default of any nature whatsoever.
Upon being granted membership of Rx.mg, each member shall set their requisite log-in id and a password. The same shall be used whilst using the benefits granted by the membership and accessing the various services offered by Rx.mg. Usage of Rx.mg shall be explained by the concerned representatives of Rx.mg.
A member may only make such requests by e-mail, once they have been accepted as a member. Rx.mg will from time to time offer other modes of registering member’s requests and shall endeavour to inform its members of the same as soon as the same is offered.
Rx.mg reserves the right to withdraw any of the services and/or to refuse to supply the services requested by a member depending on the exigencies of the situation and the circumstances.
If Rx.mg is unable to deal with any request, it will inform the member as soon as reasonably practicable.
Any third party services as contracted by the member/applicant and added by such members to Rx.mg shall be subject to the terms and conditions of the third-party service provider of such services. All rights and remedies that any member may have would be against the relevant third-party service provider of such services of the contracting parties will be at the sole discretion of the member.
Rx.mg warrants to the member that Rx.mg shall use its reasonable endeavours to provide the services with reasonable care and skill and, as far as reasonably possible, in accordance with the member’s request and instructions from time to time. Members are aware and are hereby informed that Rx.mg only does the job of facilitating the member in procuring and getting the services requested by the member. For the avoidance of doubt, Rx.mg does not and will not provide any representations or recommendations in relation to any of the information, quality of service offered by such third party service provider. The members are deemed to be responsible for and shall use their own skill and judgment as to, the quality, value, and suitability of such information and suggestions in relation to deciding whether to enter into any contract with any third-party service provider for the supply of services.
The member hereby agrees that any contract entered into by such member with any of the third-party service providers is an independent contract. Rx.mg hereby disclaims any and all liability for any act or omission of any such third party service provider or any loss incurred by the member as a result of any act or omission of such third party service provider.
Rx.mg accepts no liability for any losses or claims arising from any inability to access their website, call-centre, etc. or any failure to complete any transaction.
Rx.mg shall not be liable for any loss, cost, expense or damage of any nature whatever (whether direct or indirect) resulting from the provision of the services or the member’s reliance upon the information provided by Rx.mg hereunder and the supply of services to the member by any third-party service provider.
Rx.mg shall have no liability to any member for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by the member which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any other fault whether attributable to such member or otherwise.
Rx.mg shall have no liability to any member for any loss, damage, costs, expenses or other claims for compensation arising from requests any member places for people who are not members of Rx.mg except the immediate family and/or nominated persons on the member’s membership.
Rx.mg shall not be liable to any member or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of Rx.mg’s obligations in relation to the services if the delay or failure was due to any cause beyond Rx.mg's reasonable control.
Except in adherence to the provisions of these Terms and Conditions, Rx.mg’s maximum liability to any member for breach of any of its obligations hereunder shall be limited to the value of the Membership fee and the charge for the services to be provided.
INDEMNITY: Rx.mg shall be indemnified against all claims and liabilities arising out of any disputes or differences between the member and the third-party service provider.
Rx.mg may vary these Terms and Conditions from time to time and will endeavour to notify the members of any changes in a timely manner. However as stated above, members shall regularly log onto the website of Rx.mg and keep themselves updated with all the latest developments stated therein. Notification may be by any/ or all of the following mediums:
A member’s continued use of his/ her membership constitutes acceptance of these Terms and Conditions as amended from time to time.
WITS Interactive Pvt. Ltd. is the sole owner/proprietor of all Intellectual Property Rights in the Trademark Rx.mg and logo and word per se. WITS Interactive Pvt. Ltd. is also the sole and exclusive owner of all the copyright subsisting in connected designs, logos, graphics, etc.
By agreeing to these Terms and Conditions, the member is not deemed to be entitled by implication or otherwise to any rights in Trademarks belonging to WITS Interactive Pvt. Ltd. or any part of such Trademark.
Any attempt to use these services for any commercial gain, by any member/ person shall constitute a violation of the Intellectual Property Rights of WITS Interactive Pvt. Ltd. and shall render such member/person liable for legal action, not limited to infringement/actions, under the Governing Law.
The member agrees and undertakes that it shall neither claim any interest nor purport to claim for themselves directly or indirectly any rights to the Intellectual Property Rights owned by WITS Interactive Pvt. Ltd.
Rx.mg assumes no responsibility for the contents of any other websites to which Rx.mg’s website has links and shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or reliance on any content, products or services available on such hyperlinked websites. Rx.mg may not have control of such websites. The inclusion of any hyperlinks to such other websites does not mean that Rx.mg endorses the material on such websites or has any association with the owner, products and/ or services of such hyperlinked websites.
All Communication and Notices to and from a member shall be by email or post.
Rx.mg shall send all such communications to the email address and/ or postal address provided to Rx.mg in the Membership Application Form by the member.
Members may send any communication or notice to Rx.mg by contacting the number provided on Rx.mg’s website.
The email/postal address provided by the member in his/her Membership Application Form will be the only address at which Rx.mg will be required to communicate with the member. It is therefore imperative for a member to intimate any change or alteration in such an email/postal address to Rx.mg diligently and immediately upon any such change.
Rx.mg is committed to protecting the privacy of its members. No information gathered of any member by Rx.mg will be sold and/or made available to any third party by Rx.mg except to the extent as may be necessary for Rx.mg to offer the services to its members. Further Rx.mg reserves the right to make limited use of such details for the purpose of various promotions, events, etc. towards recognition of the fact of membership of any member/ person and/or for similar ancillary purposes. Nothing contained herein shall be deemed to be a disclosure of such information by Rx.mg where so required by operation of law and/or any court order or the like.
Each clause of these Terms and Conditions constitutes a separate and distinct undertaking, covenant, and/or provision hereof. In the event that any provision of these Terms and Conditions shall finally be determined to be unlawful and/or void, such provision shall be deemed severed here from, but every other provision hereof shall remain in full force and effect.
Rx.mg shall not be liable by reason of any failure or delay in the performance of its obligations on account of strikes (labor, transport or otherwise), lock-outs, labor conditions, riots, fires, flood, storms, earthquakes, acts of terrorism, war, governmental action or any other cause which is beyond the reasonable control of Rx.mg.
Members shall not be entitled to assign their rights and obligations herein mentioned.
These Terms and Conditions shall in all respects be interpreted, construed and governed by and in accordance with the laws of India. The Courts at Mumbai shall have exclusive jurisdiction to adjudicate on all disputes arising out of or in relation to these Terms and Conditions.