"TheMarkati.com", “CURRENT WEB SITE”[ Business Associates web sites ], "us", "we" or "our" means Trazikas Solutions Private Limited company incorporated under the laws of the India, and having its registered address at Guindy Industrial Estate, Plot Nos.33-B, South Phase, Olympia Platina, 9th Floor, Guindy, Tamil Nadu 600032.
BY USING OR OTHERWISE ACCESSING THE SERVICES, AND/OR BY REGISTERING WITH US, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE ADDITIONAL TERMS, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE ADDITIONAL TERMS, YOU CANNOT USE THE SERVICES.
"Platform" means the (mobile) website and app on which the Service is made available owned, controlled, managed, maintained supplied and/or hosted by Trazikas.
"Service" means the online reservation service (including the facilitation of payments) of various products and services as from time to time made available by business associates on the Platform.
"Business Associates" means the service provider of Clinic, Doctor, Insurances, and any other health or related product or service as from time to time available for reservation on the Platform.
“Practitioner” means a person who works in a professional medical or legal business.
“Patients” means a person receiving or registered to receive medical treatment.
Payment and Transaction Processing.
You may be permitted to use the Services to pay for Designated Services (as defined below), other products or services provided by the applicable business associates, and/or other payment obligations, including, for example, your booking appointments. In connection with such payments, we process your payment card information in accordance with our Terms & Conditions. THEMARKATI product Trazikas Solutions Private Limited and/or its payment processing may collect from the applicable Internet Handling Fee for our billing and payment services (the “Payment Gateway Charges fee”) performed in connection with such payment.
Prior to scheduling an appointment, please carefully review :
- (a) the price information, and
- (b) all of the products and services that are included and excluded in each Service.
Business associates are required to provide the applicable Service at or below the price indicated at the time of scheduling (“Consulting Fee”), unless you separately agree otherwise. WE ARE NOT RESPONSIBLE FOR YOUR OR ANY CONSULTANT’S FAILURE TO AGREE TO ANY ADDITIONAL OR DIFFERENT SERVICES.
The Payment Gateway charge fee for the Transaction Processing Services reflects the fair market value of the Transaction Processing Services provided by THEMARKATI and its payment processing partner. We separately charge you for additional or different products or services (“Internet Handling Fee ”).
You acknowledge and agree that:
- You are responsible for and you will pay the Designated Price for the Business Associate Services charged through THEMARKATI, as well as other amounts the applicable Business Associate may charge through THEMARKATI for any additional or different services rendered during or related to the applicable appointment;
- You remain responsible for paying all amounts required by law and/or contract (e.g., Consultant Fee, Internet Handling Fee ).
- THEMARKATI may process your payment, and may do so in collaboration with our payment processing partner;
- THEMARKATI is not responsible for any charges incurred for any products or services provided by the Business Associate.
- In the event you dispute any fees chargeable or charged through THEMARKATI by a Business Associate, you will resolve such dispute directly with the applicable Business Associate;
- You will promptly review all charges processed through the Transaction Processing Services, and immediately notify THEMARKATI to the extent you have any questions, concerns or disputes; in no event may you raise any questions, concerns or disputes after one (1) month from the date of the applicable transaction.
You further acknowledge and agree that: neither THEMARKATI nor our payment processing partner will be responsible if either we or our payment processing partner are unable to complete a transaction for any reason, including but not limited to:
- If you have not provided us with accurate, current and complete payment information;
- If you do not have sufficient available funds or available credit to complete the transaction;
- If you do not have an active payment card, or if we are unable to confirm your payment card information or your identity;
- If your account with us, your account with our payment processing partner, your access to the Services, or your access to our payment processing partner’s services has been terminated or suspended for any reason;
- If we or our payment processing partner have reason to believe that the requested transaction is unauthorized; or
- If we terminate or suspend the services we provide to the applicable Business Associate.
NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
The provision of such Information does not create a licensed medical professional/patient relationship, between THEMARKATI and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
It is hereby expressly clarified that, the Information that you obtain or receive from THEMARKATI, and its employees, contractors, Business Associates, sponsors, advertisers, licensors or otherwise on the Website are for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
The Services are not intended to be a substitute for getting in touch with emergency health care. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
Terms for Practitioners:
The Practitioner shall reply to the patient after receiving patient’s communication. In case of non-compliance with regard to reverting/ adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, THEMARKATI has the right to show other available Practitioners to the patient or remove Practitioners from the platform/THEMARKATI application/site.
The Practitioner understands and agrees that, THEMARKATI shall at its sole discretion, at any time be entitled to, show other Practitioners available for consultation.
The Practitioner further understands that, there is a responsibility on the Practitioner to treat the patients on this model, as the Practitioner would have otherwise treated the patient on a physical one-on-one consultation model.
The Practitioner has the discretion to cancel any consultation at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the patient. In such cases, patient has the option of choosing other Practitioners.
The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation being rendered.
The Practitioner acknowledges that should THEMARKATI find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then THEMARKATI shall be entitled to cancel the consultation with such patient or take such other legal action as may be required.
It is further understood by the Practitioner that the information that is disclosed by the patient at the time of consultation, shall be confidential in nature and subject to patient and Practitioner privilege.
The Practitioner shall ensure patient’s consent is obtained prior to uploading the prescription/health records of the patient on the account of the patient during such consultation.
Terms for Patients:
THEMARKATI Consult is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the patient, to book an appointment for a physical examination and in-person consultation whether the same is with the Practitioner listed hereunder or otherwise. In case of any negligence on the part of the patient in acting on the same and the condition of the patient deteriorates, THEMARKATI shall not be held liable.
The User understands and agrees that THEMARKATI Consult, is merely a consulting model, any interactions and associated issues, with the Practitioner on THEMARKATI Consult including but not limited to the User’s health issues and/or the User’s experiences is strictly between the User and the Practitioner. The User shall not hold THEMARKATI responsible for any such interactions and associated issues.
As a User, you understand that, THEMARKATI is not a medical Partner, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible for any outcome from the consultation between the User and the Practitioner.
THEMARKATI Consult is a platform being made available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with the Practitioner.
You understand that, your conversations with the Practitioner may be retained in our database, for legal and/or administrative requirements (example: to resolve issues raised by Users either for refund or to conduct an investigation in case of issues raised by Users).
If you decide to engage with a Practitioner to procure medical services to you, you shall do so at your own risk. THEMARKATI shall not be responsible for any breach of service or service deficiency by any Practitioner.
If you decide to use the payment gateway to make payments online, it is solely at your discretion. Should there be any issues with regard to the payment not reaching the respective Practitioner’s account, please reach out to TrazikasCare@trazikas.com.
Cancellations/Refunds: In case of patients, where the Practitioner has acted in contravention with any guidelines/applicable laws/rules/regulations, THEMARKATI shall provide a complete refund to the patient, subject to an investigation undertaken by THEMARKATI. However, where the cancellation is due to the abusive nature of the patient, such patient shall not be eligible for any refund and THEMARKATI /Practitioner shall be entitled to take any legal action, depending upon the gravity of the matter.