Terms of Service



Medway Technologies Private Limited, ("MedPay" or "we") provide Healthcare IT services like provider payment software, invoicing, bill processing, provider applications, insurance payments, loyalty programs and other related tools and services to providers, patients and payers. These offerings are provided by MedPay through an application you are accessing on Point of Sale/Payment device (the "Application") and at the Internet site https://www.MedPay.ai/ (the "Site" and, together with any related software, tools and services provided in connection with the Application or Site, the "MedPay Service").  

Please read carefully the following terms and conditions ("Terms of Service"), as well as the following separate program terms, which are incorporated herein by reference into this Terms of Service: the Privacy Policy (which may be found on our website at https://www.MedPay.ai/privacy ). These Terms of Service govern your access to and use of the MedPay Service and all Site Content and constitute a binding legal agreement between you and MedPay. 

YOU ACKNOWLEDGE AND AGREE THAT, BY PROCEEDING WITH “PAY” BUTTON, REGISTERING FOR AN MEDPAY ACCOUNT OR HEALTH CARD, DOWNLOADING OF THE APPLICATION OR ANY APPLICATION UPGRADES, USING THE APPLICATION ON YOUR MOBILE DEVICE, OR ACCESSING OR USING THE MEDPAY SERVICE, OR BY DOWNLOADING, SUBMITTING OR POSTING ANY CONTENT FROM, OR ON, OR THROUGH THE MEDPAY SERVICE, OR BY ENTERING INTO A STATEMENT OF WORK WITH MEDPAY, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE MEDPAY SERVICE OR SITE CONTENT. If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Definitions

Modification

MedPay reserves the right, at its sole discretion, to modify, discontinue or terminate the MedPay Service or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms of Service or on the Site or Application. By continuing to access or use the MedPay Service after we have posted a modification on the Site or Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the MedPay Service.

Certain portions of the MedPay Service may, or may in the future, have different terms and conditions posted on the Site or may require you to agree with and accept additional terms and conditions. MedPay may, in its sole discretion, make premium or different applications, software or services available to you that is subject to different terms and conditions and narrower licenses than as set forth therein. If there is a conflict between these Terms of Service and terms and conditions posted for a specific portion of the MedPay Service, the latter terms and conditions shall take precedence with respect to your use of or access to that portion of the MedPay Service.

Statement of Work

If you are a party to a Statement of Work between you and MedPay (a "Statement of Work"), these Terms of Service shall begin on the Effective Date of the Statement of Work and, unless terminated as otherwise provided herein, shall continue through the term set forth in the Statement of Work (the "SOW Term") and will automatically renew for a successive one (1) year term following the end of each SOW Term, unless either party notifies the other, not less than ninety (90) days prior to the end of the then current SOW Term, of its intention not to renew.

Either party to a Statement of Work may, by written notice, request any changes, additions, deletions, or modifications to any Statement of Work. No changes to a Statement of Work will be effective until a written amendment has been signed by both Parties. If any such change affects the amount due or the time of performance thereunder, the Parties shall negotiate in good faith a mutually acceptable appropriate adjustment. In the event of conflict or inconsistency between these Terms of Service and those of any Statement of Work, the Statement of Work shall control. ​

Eligibility

By accessing or using the MedPay Service you represent and warrant to MedPay that:
(i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent's permission to use the MedPay Service, and your parent has read and agrees to these Terms of Service on your behalf;
(ii) all registration information you submit is accurate, current and complete;
(iii) you will maintain the accuracy and completeness of such information;
(iv) if you are accepting these Terms of Service on behalf of a company or other legal entity, you have the authority to bind that company or legal entity to these Terms of Service. You also certify that you are legally permitted to use and access the MedPay Service and take full responsibility for the selection and use of and access to the MedPay Service. These Terms of Service are void where prohibited by law, and the right to access the MedPay Service is revoked in such jurisdictions.

Privacy

See MedPay's Privacy Policy at https://www.MedPay.ai/privacy for information and notices concerning MedPay's collection and use of your personal information.

Account Registration

In order to access some of the MedPay Services, you must register to create an account ("Account") and become a Member. When registering with MedPay you agree to: (a) provide true, accurate, current and complete information about yourself (or, if applicable, the Corporate/Insurance Member you represent) as prompted by the MedPay Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the MedPay Service (or any portion thereof).

If you will be participating in MedPay’s Corporate Card Program or utilizing any of MedPay’s Health package features, you may be required to provide certain Personal Data (as described more fully in Privacy Policy) and connect at least one Corporate Member Linked Account. Personal Data may include business information (such as registered business name and state of incorporation for Company, the business address, ownership details, Financial Data, actual or anticipated revenue, the nature of the business, and details from Linked Accounts and other business information we may request from time to time), as well as the name, contact information, and date of birth of Users or beneficial owners, the social security number of beneficial owners/controlling officers (requesting users), and documentary information used to verify the business and Personal Data. 

You may not authorize any third party (other than, if applicable, the employees, consultants, Users, or agents of the Corporate Member you represent) to access or use the MedPay Service or the Cards on your behalf. You are responsible for maintaining the confidentiality of the user ID and password and keeping the Cards secure and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify MedPay of any unauthorized use of your user ID or password or Cards, or any other breach of security, and will (if allowed by the MedPay Service) immediately disable User access to the MedPay Service or reduce spending limits where you know or believe Cards have been compromised or stolen or may be misused. MedPay cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

Communication with MedPay

You verify that any contact information provided to MedPay, including, but not limited to, your e-mail address and mobile phone number is true and accurate. By providing us with your email address, you agree to receive notices electronically, to that email address. From time to time, MedPay will use this email address to send you notifications about product updates and improvements, company news and events, and updates from our community. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to MedPay. You acknowledge that by voluntarily providing your telephone numbers to MedPay, you expressly agree to be contacted at the telephone numbers you provide. You consent to receive e-mails, pre-recorded voice messages and/or autodialled calls (including text messages) by or on behalf of MedPay relating to this Agreement, any transaction with MedPay, matters related to your account, and promotions from MedPay. These communications may be made by or on behalf of MedPay, even if your phone number is registered on any Do Not Call list. You acknowledge that you may incur a charge for these texts or calls by your telephone carrier and that MedPay will not be responsible for these charges.

Fees and Payment

By establishing an MedPay account, you agree to the pricing, payment, and billing policies set forth on the Site or Application and/or (c) if applicable, in a separately executed or accepted purchase order. The use of various offerings within the MedPay Service, including but not limited to discounted healthcare payments, insurance claims processing, are governed by additional terms set forth on the Site (such additional terms being incorporated herein by reference). All fees paid for the MedPay Service are non-refundable and non-transferable except as expressly provided in these Terms of Service. All fees and applicable taxes, if any, are payable in Indian Rupees. You are solely responsible for the payment of, and shall pay when due, all applicable sales and use taxes and similar fees now in force, enacted or imposed in the future on the delivery of MedPay Service and/or any related transactions (except for taxes assessed on MedPay's net income or personal property). If for any reason MedPay pays any such taxes, duties or excises, you will reimburse MedPay for such taxes, duties or excises, other than taxes on MedPay's net income.

The term of your MedPay Service package is as set forth on the Site and in your Application account details. If your selected MedPay Service package requires a recurring subscription fee, your MedPay Service package will automatically renew, unless you change your billing settings to month-to-month, we terminate it, or you notify us by email (hello@medpay.in) of your decision to terminate your current MedPay Service package. You must cancel any automatically renewing MedPay Service package before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. All fees and charges are non-refundable and there are no refunds or credits for partially used periods. If your MedPay Service package is for a term of 12 months or longer, your subscription is deemed to have begun during the month in which you were first billed by MedPay for the MedPay Service package (or, in the event that you add more Users to your MedPay Service package after beginning your subscription, from the month in which you were first billed for those additional Users). You may terminate MedPay Service packages with terms of 12 months or longer at any time; however, because such MedPay Service packages may qualify for reduced rate pricing, upon termination MedPay will bill you for an amount equal to the difference between the reduced rate you actually paid, and the amount you would have paid under a standard rate MedPay Service package.

License granted by MedPay

Intellectual Property. Subject to your compliance with these Terms of Service, MedPay grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on your mobile device and run such copy of the Application solely for your own personal or business use. Furthermore, you will only use the Site Sourced Application. MedPay reserves all rights in the Application not expressly granted to you by these Terms of Service.

MedPay Service. MedPay shall own and retain all right, title, and interest in and to the MedPay Service (except for any licensed content and software components included therein). Member agrees not to reverse engineer, decompile, distribute, license, sell, transfer, disassemble, copy, alter, modify, or create derivative works of the MedPay Service or otherwise use the MedPay Service in any way that violates the use restrictions contained in these Terms of Service. MedPay does not grant to Member any license, express or implied, to the intellectual property of MedPay or its licensors. Member further acknowledges and agrees that any information regarding the design, "look and feel", specifications, components, functionality or operation and payment terms and pricing (if applicable) of the MedPay Service is considered the confidential and proprietary information of MedPay (collectively "MedPay Confidential Information").

Member Data. Subject to the section below labeled "Assignment of Certain Member Data", Member shall retain all right, title and interest in and to (a) all graphics, images, files, data and other information transmitted by Member to MedPay, Issuers, Card Networks, or Third-Party Service Providers in connection with its use of the MedPay Service and (b) reports and other materials generated by the MedPay Service following such transmission (collectively, "Member Data"), provided, however, that Member hereby grants to MedPay a worldwide, royalty-free, non-exclusive license to use (i) data generated as a result of Member's use of the MedPay Service solely for purposes of (x) maintaining and improving the MedPay Service and (y) providing Member with access to special product offers and promotions and (ii) non-identifiable, anonymous, aggregated data regarding Member's use of the MedPay Service compiled by MedPay solely for marketing purposes or distribution to third party research firms

Assignment of Certain Member Data. Notwithstanding the foregoing, upon your submission of an expense report to a Corporate Member or any other Member, you hereby transfer all right, title, and interest in and to any transferred Member Data to the applicable Corporate Member or Member, provided, however, that such Corporate Member or Member hereby grants to you a worldwide, perpetual, royalty-free, non-exclusive license to maintain and utilize copies of such transferred Member Data (including any health reports) for personal recordkeeping purposes.

MedPay Logos and Designs. MedPay's graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of MedPay in the India. and/or other countries. MedPay's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without MedPay's prior written permission.

Member Art. Member shall retain all right, title and interest in and to all of Member's logos, promotional graphics and related marketing designs (collectively, the "Member Art"), provided, however, that Member hereby grants to MedPay a worldwide, royalty-free, non-exclusive license to use the Member Art, as well as Member's corporate and/or trade name, for purposes of fulfilling its obligations hereunder and marketing MedPay's products and services to third parties, subject to Member's right in each instance to approve the manner and form of such use (which approval shall be in writing and shall not be unreasonably withheld or delayed).

Derived Data. You shall own and retain all right, title, and interest in and to any data derived from your use of the MedPay Service or that of any individual authorized by you to utilize the MedPay Service (your "Users"), as defined below)(collectively, the "Derived Data"); provided, however, that you hereby grant to MedPay a worldwide, royalty-free, non-exclusive license to use data generated as a result of your use of the MedPay Service solely for purposes of (x) maintaining and improving the MedPay Service, (y) providing you and/or your Users with access to and information about customized features, new functionality, and partner integrations, and (z) sharing with our partners such data in anonymized, aggregated form.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the MedPay Service ("Feedback"). You may submit Feedback by emailing us at hello@medpay.in or through the "Help" section of the MedPay Service. You acknowledge and agree that all Feedback will be the sole and exclusive property of MedPay and you hereby irrevocably assign to MedPay and agree to irrevocably assign to MedPay all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At MedPay's request and expense, you will execute documents and take such further acts as MedPay may reasonably request to assist MedPay to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Confidentiality

You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of MedPay and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify MedPay in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to MedPay upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" shall mean any and all of MedPay’s trade secrets, confidential and proprietary information and all other information and data of MedPay that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical, financial, strategic and other proprietary and confidential information relating to MedPay's business, operations and properties, including information about MedPay's Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

Corporate Program

As part of the MedPay Service, Corporate Members may elect to issue and manage Cards/Accounts for your Users, along with other related programs provided by MedPay from time to time (the “Corporate Program”).  For more information on the Corporate Program, visit MedPay’s Site. Accounts may only be used for a Corporate Member’s bona fide business and may not be (a) used for any purpose that is unlawful or prohibited by these Terms of Service; (b) used for any personal, family, or household use; (c) provided to or used for the benefit of an individual, organization, or country that is blocked or sanctioned by the India; (d) by unaffiliated third parties; or (e) used for any other activities not for the benefit of the Corporate Member.

Administrator. If you are participating in MedPay’s Corporate Program, your Corporate Member must specify at least one administrator for your Account.  Administrators can set or change features for Users; view transactions; run reports and download statements; provide or update Personal Data; connect social media Accounts, Third-Party Services, and other accounts to your Account; and perform other tasks on the Corporate Member’s behalf.

Using Corporate Accounts. You agree to establish and maintain controls designed to ensure that the accounts are only used for bona fide purposes and in compliance with Network rules. You are solely responsible for Charges made by any individuals given access to the account even if they are not the person associated with or named on the Card. MedPay, Issuers, Card Networks, or other intermediary Third-Party Service Providers (including merchant acquirers) may deny or reverse Charges for any reason. MedPay is not responsible for any losses, damages, or harm caused by a Charges that are denied or reversed. 

If you and a merchant have a dispute regarding a Charge, including delivery of the incorrect goods or services or being charged the wrong amount, you should first attempt to resolve the dispute with the merchant. If such a dispute is not resolved to your satisfaction or if you believe the Charge is unauthorized, you may initiate a Chargeback through your Account. The Card Networks have established procedures for resolving Chargebacks that may require that you provide details of the disputed Charge or associated documentation. Chargebacks resolved in your favor will be credited to your Account.

Payment. You are responsible for payment in full of all Charges, Fees, and Fines. Your Linked Account will be automatically debited for the full amount of such Charges, Fees, and Fines on a daily basis. If you do not pay any such charges, fees, and fines by the required due date, then your Account may be suspended or terminated

ACH Authorization. THIS SECTION PROVIDES AUTHORIZATION TO AUTOMATICALLY DEBIT YOUR LINKED ACCOUNTS FOR ALL AMOUNTS YOU OWE UNDER THIS PLATFORM AGREEMENT. PLEASE READ IT THOROUGHLY.

Your Authorization to Debit Linked Accounts. You authorize MedPay, Issuers, or their assigns to collect amounts owed under these Terms of Service by debiting funds from the Linked Accounts at depository institutions (including banks and credit unions) using the Automated Clearinghouse (ACH) network governed by the rules established by the National Automated Clearinghouse Association (NACHA). These debits are bound by NACHA rules for business-related ACH debits.

Manner and Timing of Payment. We will debit Linked Accounts for all amounts owed to us under this Agreement on a daily basis, as applicable. If we cannot collect these amounts via ACH, you agree to immediately pay all amounts owed as directed. You also authorize MedPay, Issuers, or their assigns to debit Linked Accounts immediately, on any date, and without additional notice where (a) the total aggregate balance of Linked Accounts is less than any balance minimums that we have communicated to you or (b) we determine in our sole discretion that the Company poses or may pose an unacceptable risk to MedPay, Issuers, or third parties or no longer satisfy the underwriting criteria used to establish the payment limit for Company.

Withdrawing Your Authorization. To withdraw the debit authorization from a Linked Account, you must provide us 30-days’ advanced notice and pay all amounts owed under your Account immediately. Withdrawal of a debit authorization does not terminate these Terms of Service or your obligation to pay all amounts owed under these Terms of Service or the Card Terms. You will be responsible for all costs of collections and damages under these Terms of Service if amounts owed are not paid by you as described in these Terms of Service 

General Prohibitions

You agree not to do any of the following:

MedPay will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. MedPay may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that MedPay has no obligation to monitor your access to or use of the MedPay Service, or to review or edit any Member Content, but has the right to do so for the purpose of operating the MedPay Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the MedPay Service, please notify MedPay's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim is being infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Services;
  4. Information reasonably sufficient to permit MedPay to contact you, such as your address, telephone number, and email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

MedPay's Designated Copyright Agent to receive notifications of claimed infringement can be reached on hello@medpay.in

Links to Third-Party Websites

The MedPay Service may now or in the future contain links to third-party websites, advertisers, services, or resources that are not owned or controlled by MedPay. You acknowledge and agree that MedPay has no control over and is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, privacy policies, practices, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MedPay of such websites or resources or the content, products, practices, privacy policies, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources. Additionally, your dealings with or participation in promotions of any third parties, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that MedPay shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. We encourage you to be aware of when you leave the MedPay Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. You expressly relieve MedPay from any and all liability arising from your use of any third-party website or services or third party content.

Refer-a-Friend

If you choose to use our referral service to tell a friend about MedPay, you must seek your friend's consent to our use of your friend's name and email address to contact them about the MedPay Service. By providing us with your friend's name and email address, you warrant that your friend consents to such contact.

Termination and Account Cancellation

If you breach any of these Terms of Service, any applicable Card Terms, or violate the rules of an Issuer or Card Network, MedPay will have the right to suspend, disable or terminate your Account or Cards or terminate these Terms of Service, at its sole discretion and without prior notice to you. MedPay reserves the right to revoke your access to and use of the MedPay Service or to terminate any Statement of Work at any time, with or without cause. In the event MedPay terminates these Terms of Service for your breach, you will remain liable for any and all amounts due hereunder. You may cancel your Account at any time from the Site or Application or by sending an email to hello@medpay.in

If you are party to a Statement of Work, you may terminate your obligations under these Terms of Service (a "Termination for Cause") in the event MedPay fails to perform or observe any material term or condition under these Terms of Service and fails to cure such breach within thirty (30) days after receipt of written notice of such breach.

In the event that your account is terminated by you or by MedPay for any reason, any licenses granted herein shall terminate, but your obligations described herein under the Sections titled "Fees and Payment," "Intellectual Property," "Confidentiality," "Disclaimers," "Indemnity," and "Limitation of Liability," as set forth herein, as well as any obligations of yours set forth in the Privacy Policy available at https://www.MedPay.ai/privacy  shall survive any termination or expiration of your use of the MedPay Service or any agreement, including a Statement of Work, between you and MedPay, and you will not be entitled to receive any refunds for any prepaid amounts in the event of any early termination.

Disclaimers

THE MEDPAY SERVICE AND SITE CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MEDPAY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MEDPAY MAKES NO WARRANTY THAT THE MEDPAY SERVICE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MEDPAY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, MEDPAY SERVICE OR SITE CONTENT PURCHASED OR OBTAINED THROUGH THE MEDPAY SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE MEDPAY SERVICE. MEDPAY DOES NOT WARRANT THE RESULTS OF USE OF THE MEDPAY SERVICE, AND CLIENT ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. CLIENT SHOULD NOTE THAT IN USING THE MEDPAY SERVICE, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD PARTY INFRASTRUCTURES WHICH ARE NOT UNDER MEDPAY'S CONTROL (SUCH AS A THIRD PARTY SERVERS AND THE INTERNET). MEDPAY MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD PARTY INFRASTRUCTURES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MEDPAY OR THROUGH THE MEDPAY SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE MEDPAY SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE MEDPAY SERVICE. YOU UNDERSTAND THAT MEDPAY DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE MEDPAY SERVICE, NOR DOES MEDPAY MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE MEDPAY SERVICE. MEDPAY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE MEDPAY SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE MEDPAY SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE MEDPAY SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE MEDPAY SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold MedPay, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the MedPay Service, or your violation of these Terms of Service, including without limitation any breach of any representations or warranties herein, any infringement by you of MedPay's intellectual property rights, and any claim by a third party that the Member Data or Member Art infringes such third party's intellectual property rights.

You agree to defend, indemnify, and hold MedPay, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the MedPay Service, or your violation of these Terms of Service, including without limitation any breach of any representations or warranties herein, any infringement by you of MedPay's intellectual property rights, and any claim by a third party that the Member Data or Member Art infringes such third party's intellectual property rights.

MedPay will defend indemnify and hold you (and in the case of a Corporate Member, your directors, officers, employees and affiliates) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys' fees), resulting from any claim, suit, action or proceeding alleging that the MedPay Service or any portion thereof infringes any patent, copyright or other intellectual property, proprietary, or other right of any third party.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE MEDPAY SERVICE AND SITE CONTENT REMAINS WITH YOU. EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER MEDPAY OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE MEDPAY SERVICE OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, MEDPAY SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR MEDPAY SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF MEDPAY SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE MEDPAY SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE MEDPAY SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEDPAY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL MEDPAY'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF MEDPAY SERVICE OR FROM THE USE OF OR INABILITY TO USE THE MEDPAY SERVICE OR SITE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO MEDPAY FOR USE OF THE MEDPAY SERVICE OR CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MEDPAY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Export Control

You may not use, export, re-export, import, or transfer the Application except as authorized by Indian law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. By using the Application, you represent and warrant that (i) you are not located in a country that is subject to a Indian Government embargo, or that has been designated by the Indian Government as a "terrorist supporting" country and (ii) you are not listed on any Indian Government list of prohibited or restricted parties. You also will not use the Application for any purpose prohibited by Indian law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

Controlling Law and Jurisdiction; 

These Terms of Service and any action related thereto will be governed by and construed in accordance with the laws of India. To the extent feasible, the parties desire to resolve any dispute, claim, or controversy arising out of or relating to your use of or access of the Site, the MedPay Service and these Terms of Service, including the determination of the scope or applicability of this agreement to arbitration (a “Dispute”) through discussions and negotiations between each other. The parties agree to attempt to resolve any Disputes by negotiation with the other party (by phone, electronic correspondence, or written correspondence). If, after good faith discussions, the Dispute(s) cannot be resolved solely between the parties, such Dispute(s) will be determined by the courts of Bangalore, Karnataka, India. You and MedPay agree that the courts sitting in Bangalore have exclusive jurisdiction over any appeals and the enforcement.  This provision will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate 

Entire Agreement

These Terms of Service constitute the entire and exclusive understanding and agreement between MedPay and you regarding the MedPay Service and Site Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between MedPay and you regarding the MedPay Service.

Assignment

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without MedPay's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. MedPay may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: by MedPay (i) via email (in each case to the address that you provide) or (ii) by posting to the Application or Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of MedPay to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MedPay. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.

Contacting MedPay

If you have any questions about these Terms of Service, please contact MedPay at hello@medpay.in You acknowledge and agree that when contacting MedPay, whether by email, chat, or otherwise, if any personally identifiable information is included in your communications with MedPay, MedPay will have no legal obligation or liability with regard to such information.