In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
- The website healpha.com (hereinafter referred to as ‘Website’), is brand of Concent Solutions Pvt Ltd a Private Limited Company represented by Ajei Shekar J having its Head office at First Floor, 6A/7A, Petbasheerbad, Kompally, NH7, Hyderabad, Telangana, IN- 500055 (hereinafter referred to as the “Company”)represented by its members, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns; For the purpose of these Terms of Service, along with any amendments to the same, and wherever the context so requires:
- “You” or “User” shall mean any natural or legal person who has agreed to become a user of the Website by logging into the Website.
- “We”, “Us”, “Our” shall mean Company.
- “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it.
- “Agreement Period” shall refer to the period for which the User engages the services of the Website.
- “Services” shall mean the services provided for by the Company on the Website.
- “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and the Company.
- If You do not agree with any of these terms, please discontinue using the Website.
- We hold the sole right to modify the Agreement without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Agreement and stay updated on its requirements. Your continued use of the Website is conditioned upon Your compliance with the Agreement, including but not limited to compliance with the Agreement even after alterations, if any.
- ABOUT US
Healpha is an integrated solution that connects all the key stakeholders in the healthcare landscape namely Hospitals/Clinics/ Doctors, Patient, Pharmacies, Pathology labs, etc. This is an integrated solution to provide seamless digital experience to the patients. Healpha also helps the patients to manage their medical data and leverage the platform to monitor their vital medical parameters and engage with the doctors & service providers to manage their wellbeing in a holistic manner.
- HOW SITE OPERATES
The Website stores all the personal and medical information of the customer. The medical data includes the health checkup data collected by the company.
- ACCOUNT REGISTRATION
The Users shall be from any category and geographical locations. Registration on the Website is mandatory. You may access the services by signing in as User by providing the following information which shall include but not be limited to Name, Address with Postal Code, Mobile Number, Email id, phone number, Age etc.
Registration for this Website is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian/or legal guardians approval and the Company reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website without the consent.
Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
- SERVICE OVERVIEW
Healpha is an online healthcare services platform that is engaged in the business of providing Health Check-ups and storing the medical information including but not limited to personalised doctor consultation for healthier life style to women, kids, adults, disease management etc via online and offline communication. It takes care of an individual’s complete healthcare needs. It connects doctors, patients, labs and pharmacies. It also provides health check-up and update the same in the website in your account.
The Company provides check-ups offline and stores the same online further on request of the customers they are connected with the reputed doctor(s). The Users are advised by the doctors based on the information collected regarding the Users’ health state during the check-up.
The services provided, and the procedures include, but are not limited to the following;
- Providing Health Check-ups and storing the medical data of patients
- Provide information of the doctors and also provide platform for connecting with the doctors.
- The Doctors are the sole and exclusive owner of all the services they wish to sell;
- The Doctors shall be governed by applicable laws at all times.
- The Doctors must ensure they offer quality and standard products and Services and must make best efforts to provide consultation or treat Customers in the most competent manner to the best of his/her ability. Doctors shall ensure to provide their services efficiently by, inter alia, honouring the terms of appointment with Customers, providing appropriate and quality treatment with utmost care and ensuring appropriate conduct vis-à-vis the Customers
- Doctors shall be entitled to cancel an appointment only in the event the Doctors believe that it is beyond their expertise or capacity to offer efficient services. In such cases, the Customers have the option of choosing other Doctors.
- The Company is not liable for any treatment by the doctor to the customer.
- Applicability of Terms
The Agreement applies to you whether you are –
- A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website/Platform or App, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”);or
- A patient, his/her representatives or affiliates, searching for Practitioners through the Website/Platform/App (“End-User”, “you” or “User”);or
- Otherwise a user of the Website/Platform (“you” or “User”).
This Agreement applies to those services made available by Company on their Website (www.healpha.com ) or Platform (Healpha), including the following:
- For Practitioners: Listing of Practitioners and their profiles and contact details
- For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Company, and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of Company, and the Agreement will apply to your visit to and your use of the Website/Platform to avail the Service, as well as to all information provided by you on the Website/Platform at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website/Platform and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, you can contact us at firstname.lastname@example.org
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website/Platform/App or avail any Services.
Your access to use of the Website/Platform/App and the Services will be solely at the discretion of Company.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- the Indian Contract Act, 1872,
- the (Indian) Information Technology Act, 2000, and
- the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
- Your Representations
The terms in this Clause 10 are applicable only to Users other than Practitioners.
- Company may by its Services, collect information relating to the devices through which you access the Website/Platform, and anonymous data of your usage. The collected information will be used only for improving the quality our services and to build new services.
- The Website/Platform allows Company to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
- Company shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Company or to any other person acting on behalf of Company.
- If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to discontinue the Services to the User at its sole discretion.
- Company may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
- LISTING CONTENT AND DISSEMINATING INFORMATION
- Company collects, directly or indirectly, and displays on the Website/Platform/App, relevant information regarding the profile and practice of the Practitioners listed on the Website/Platform/App, such as their specialization, qualification, fees, location, visiting hours, and similar details. Company takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Company screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts
- The Services provided by Company or any of its licensors or service providers are provided on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Company does not provide or make any representation, warranty or guarantee, express or implied about the Website/Platform or the Services. Company does not guarantee the accuracy or completeness of any content or information provided by Users on the Website/Platform. To the fullest extent permitted by law, Company disclaims all liability arising out of the User’s use or reliance upon the Website/Platform, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website/Platform, or any opinion or suggestion given or expressed by Company or any User in relation to any User or services provided by such User.
- The Website/Platform/App may be linked to the Website/Platform/App of third parties, affiliates and business partners. Company has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website/Platform. Inclusion of any link on the Website/Platform does not imply that Company endorses the linked site. User may use the links and these services at User’s own risk.
- Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website/Platform or the downloading of any material, data, text, images, video content, or audio content from the Website/Platform. If a User is dissatisfied with the Website/Platform, User’s sole remedy is to discontinue using the Website/Platform.
- If Company determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Company reserves the right to immediately suspend your access to the Website/Platform or any of your accounts with Company and makes such declaration on the Website/Platform alongside your name as determined by Company for the protection of its business and in the interests of Users. You shall be liable to indemnify Company for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Company or its Users.
- APPOINTMENTS & ONLINE CONSULTING
- Company enables Users to make online appointments/connect with the practitioners. Company will ensure Users are provided confirmed appointment on the Book facility. However, Company has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment.
- Company connects users to the practitioners If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
- Without prejudice to the generality of the above, Company is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Company will not be liable for:
- User interactions and associated issues User has with the Practitioner;
- the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
- any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
- inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
- any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
- cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged,
- Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Company shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website/Platform.
- NO DOCTOR-PATIENT RELATIONSHIP
- Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Company 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 Company, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website/Platform is 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/Platform. 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 healthcare. 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.
- REVIEWS AND FEEDBACK
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Company in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Company disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Company shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Your publication of reviews and feedback on the Website/Platform is governed by Clause 12 of these Terms. Without prejudice to the detailed terms stated in Clause 12, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Company, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 7 of these Terms. You agree that Company may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Website, Platform or Company’s services; and/or
- Obtaining feedback in relation to any Practitioners listed on the Website/Platform; and/or
- Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by Company.
- PATIENT DATA
- Your Records is only created after you have signed up and explicitly accepted these Terms.
- Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Company does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
- The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Company is not liable for any interruption that may be caused to your access of the Services.
- It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Company is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Company.
- Company uses industry–level security and encryption to your Health Records. However, Company does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Company of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to email@example.com.
- If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Company assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Company and its officers against any such claim or liability arising out of unauthorized use of such information.
- In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
- You may lose your “User created” data, if the data is not synced with the server.
- If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
- Company is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
- The Health Records are shared with the phone numbers that are provided by your Practitioner. Company is not responsible for adding the Health Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
- Company is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
- Company has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
- Company will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
- You agree and acknowledge that Company may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
- You acknowledge that the Practitioners you are visiting may engage Company ‘s software or third party software for the purposes of the functioning of the Practitioner’s business and Company ‘s services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws.
- To the extent that your Records have been shared with Company or stored on any of the Company products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Company pertaining to such previously visited clinics and hospitals who have tie ups with Company for the purposes of their business and for Company ‘s services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Company, to the mapping of such Records as may be available in Company’s database to your User account.
- Healpha Forums: Terms for Practitioners:
- Every Practitioner on the Forums Platform must be qualified in the area of expertise that he represents as being his qualification.
- The Forum Platform is a platform for exchange of information which is of general nature in a question and answer format. The Q&A Platform is not for emergency situations.
- Any Forum interaction cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever.
- Company Users may post questions on medical issues (“Querist”), and these queries can be answered by multiple Practitioners on the Forums Platform. It is expressly clarified that no doctor-patient relationship is established between the Querist and Practitioner, in any manner whatsoever, by indulging in this Forum.
- The Practitioner may provide probableviews, recommendations, suggestions and to the question posted by a Querist. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as medical advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard.
- Practitioner shall not share their personal, religious and/or moral views with the Querist while issuing their response.
- The Practitioner cannot issue and/or prescribe any medicines on the Forums platform. It is a platform for only exchange of information and not a consultation/ medical advice.
- The Practitioner is absolutely and expressly prohibitedto:
- Provide a medical diagnosis;
- Issue a prescription;
- Post any response which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
- Advertise any brand of drugs, supplements, vaccines and medications, in any manner of whatsoever;
- Advertise to/solicit patients in any manner including without limitation by way of using social media handles, including without limitation, facebook, twitter etc., telephone/ mobile numbers, youtube, and address;
- Promote content and activities which are illegal in nature;
- In the event of any breach of these Foums T&C, Company will take appropriate action inter aliaranging from issuing warnings to removal of Practitioner from the Forums Platform, in its sole and absolute discretion, on a case to case basis.
- Any liability arising out of the response issued by a Practitioner will be borne solely by the Practitioner. Forums Platform is only a platform interface provided by Company for sharing and exchanging information purposes.
- The Company Platform shall be audited on a regular basis by Company for ascertaining compliance by the Practitioner to Paragraph 6, and the Practitioners consent to the same. It is clarified that the said audit is not conducted for the purpose of quality check or validation of responses issued by Practitioner.
- All general Company Terms and Conditions shall govern the Forum T&C to the extent applicable. Decision of Company is final and binding on the issues arising under the Forums T&C and Company Terms and Conditions.
- Healpha Forums: Terms for User/Querist:
- The personally identifiable information of the querist shall be anonymized by Company prior to posting the question on the Forums Platform;
- Forum Platform is a public forum for exchange of information, hence, any question posted by a querist is visible publicly. It is advisable for a User to ensure that no confidential information is published by them on the Forum Platform.
- User shall not use the Forum Platform for emergency situations.
- The User is prohibited to post any query/issue on the Forum Platform, which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
- Any response provided by the Practitioner shall not be construed as medical advice on the Forum Platform. Forum Platform is a platform for exchange of information which is of general nature in a question and answer format. This cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever.
- It is expressly clarified that no doctor-patient relationship is established between the user and Practitioner, in any manner whatsoever, by indulging in this Forum. The Practitioner may provide probableviews, recommendations, suggestions and to the question posted. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as medical advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard.
- All general Company Terms and Conditions shall govern the Forum T&C to the extent applicable. Decision of Company is final and binding on the issues arising under the Forum T&C and Company Terms and Conditions.
- Company, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Company reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Company immediately to enable Company to make the necessary amendments.
- Company shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
- Company reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website/Platform. However, Company shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website/Platform.
- Practitioners explicitly agree that Company reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
- You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Company accepts no liability for the same.
- Company ensures easy access to the Practitioners by providing a tool to update your profile information. Company reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Company takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Company’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Company may modify or delete parts of your profile information at its sole discretion with or without notice to you.
REVIEWS AND FEEDBACK
- Company reserves the right to collect feedback on Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
- Company shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service, except as required by applicable law.
- You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Company shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Company however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 6.3 and 7 of these Terms.
- Company will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Content posted on the Website.
- If Company determines that you have provided inaccurate information or enabled fraudulent feedback, Company reserves the right to immediately suspend any of your accounts with Company and makes such declaration on the website alongside your name/your clinics name as determined by Company for the protection of its business and in the interests of Users.
INDEPENDENT SERVICESYour use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Company.
Company reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Company will not be liable for the accuracy of information or the claims made in the Sponsored ads. Company does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Company will not be liable for the services of the providers of the Sponsored ads. You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Company accepts no liability for the same.
BOOK APPOINTMENT AND CALL FACILITY
- As a valuable partner on our platform we want to ensure that the Practitioners experience on the Company booking platform is beneficial to both, Practitioners and their Users.
- Practitioner understands that, Company shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Company .
The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. 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/ services being rendered.
USAGE IN PROMOTIONAL & MARKETING MATERIALS
In recognition of the various offerings and services provided by Company to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow Company to include a brief description of the services provided to Practitioner in Company’s marketing, promotional and advertising materials; (b) allow Company to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to Company ’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.
Practitioner listing on the platform should adhere to the Telemedicine guidelines issued by the Ministry of Health & Family welfare from time to time
It is the responsibility of the practitioner to be cognizant of the current Data Protection and Privacy laws. practitioner shall not breach the patient’s confidentiality akin to an in-person consultation. For example: If the practitioner is planning to create virtual support group for disseminating health education for patients suffering from a particular disease condition then he/she shall be wary of the patient’s willingness and not violate patient’s privacy and confidentiality by adding them to the group without their consent
- The practitioner may ask the patient to provide relevant information (complaints, information about any other consults for the same problem, available investigation and medication details, if any). The patient shall be responsible for accuracy of information shared by him/her with the practitioner.
- If the practitioner feels that the information provided at this stage is inadequate, then he/she shall request for additional information from the patient. The consultation may be resumed at a rescheduled time after receipt of the additional information (this may include some laboratory or radiological tests). In the meantime, the practitioner may provide health advice as appropriate.
- If the practitioner is satisfied that he/she has adequate patient information for offering a professional opinion, then he/she shall exercise one’s professional judgment for its suitability for management via telemedicine. practitioner may prescribe medicines via telemedicine ONLY when practitioner is satisfied that he/ she has gathered adequate and relevant information about the patient’s medical condition and prescribed medicines are in the best interest of the patient
- If the situation is NOT appropriate for further telemedicine consultation, then the practitioner should provide Health advice/ Education as appropriate; and/or refer for in-person consultation
- If the condition of the patient merits emergency intervention, then advice for first aid/ immediate relief is provided and guidance is provided for referral, as appropriate. In all cases of emergency, the patient MUST be advised for an in-person interaction with a Registered Medical Practitioner at the earliest
- Principles of medical ethics, including professional norms for protecting patient privacy and confidentiality as per IMC Act shall be binding and must be upheld and practiced.
- Registered Medical Practitioner would be required to fully abide by Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 and with the relevant provisions of the IT Act, Data protection and privacy laws or any applicable rules notified from time to time for protecting patient privacy and confidentiality and regarding the handling and transfer of such personal information regarding the patient. This shall be binding and must be upheld and practiced.
- Registered Medical Practitioners will not be held responsible for breach of confidentiality if there is a reasonable evidence to believe that patient’s privacy and confidentiality has been compromised by a technology breach or by a person other than practitioner. The practitioners should ensure that reasonable degree of care undertaken during hiring such services.
- Misconduct: It is specifically noted that in addition to all general requirements under the MCI Act for professional conduct, ethics etc, while using telemedicine all actions that wilfully compromise patient care or privacy and confidentiality, or violate any prevailing law are explicitly not permissible. Some examples of actions that are not permissible:
- practitioner s insisting on Telemedicine, when the patient is willing to travel to a facility and/or requests an in-person consultation
- practitioner s misusing patient images and data, especially private and sensitive in nature (e.g. practitioner uploads an explicit picture of patient on social media etc)
- practitioner s who use telemedicine to prescribe medicines from the specific restricted list
- practitioner s are not permitted to solicit patients for telemedicine through any advertisements or inducements
Guidelines for prescribing medicine via telemedicine
|List Group||Mode of Consultation
|Nature of Consultation
|List of Medicines|
|A||Video||First Consultation Follow-up, for continuation of medications||List A2|
|Prohibited||Not to be prescribed||Not to be prescribed||Schedule X of Drug and Cosmetic Act and Rules or any Narcotic and Psychotropic substance listed in the Narcotic Drugs and Psychotropic Substances, Act, 19854|
|O1. This list included commonly used ‘over-the-counter’ medications such as Paracetamol, Oral Rehydration Solution (ORS) packets, Antacids etc. This list also includes medicines that may be deemed necessary during emergencies and would be notified from time to time.
A2. This list includes usually prescribed medications for which diagnosis is possible only by video consultation such as antifungal medications for Tinea Cruris, Ciprofloxacillin eye drops for Conjunctivitis etc. and Re-fill medications for chronic diseases such as Diabetes, Hypertension, Asthma etc
B3. This list includes ‘add-on’ medications which are used to optimize an existing condition. For instance, if the patient is already on Atenolol for hypertension and the blood pressure is not controlled, an ACE inhibitor such as Enalapril Prohibited. For instance, Anti-Cancer drugs; Narcotics such as Morphine, Codeine etc
- RIGHTS AND OBLIGATIONS RELATING TO CONTENT
As mandated by Regulation 3(2) of the IG Rules, Company hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Users are also prohibited from:
- violating or attempting to violate the integrity or security of the Website or any Company Content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Company ;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website/Platform;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website/Platform;
- copying or duplicating in any manner any of the Company Content or other information available from the Website/Platform;
- framing or hot linking or deep linking any Company Content.
- circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
- Company, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 7.1 and 7.2. Company shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
- Company may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Company to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Company as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.
- Company respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the services and applications.
A User may terminate their use of the services and applications at any time. The Company may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Website at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
It is also hereby declared that the Company may discontinue the services and applications without any prior notice.
Access to the website is free for Users and this includes accessing the Website and viewing the portfolio of services provided. However, a subscription is needed to avail of the Services on a weekly, monthly, quarterly, half yearly or a yearly plan, which is chargeable. We reserve the right to amend the charges for the services rendered. In case that happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as you are notified or they are posted on the Website. Whichever is earlier. There maybe onetime service charges for premium offerings and services that are not based on the application. These service charges could be one time charges or repeat charges based on the nature of service provided.
- MODE OF PAYMENT
The following payment options are available on the Website:
- Payed by your organization on your behalf like School, Corporate, NGO, etc,,,
- Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card, Mastero & Amex Card networks;
- Visa, Master Card, Rupay, Mastero Debit cards;
- Net banking/Direct Debit payments from select banks.
- CC Avenue
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Mastero /Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provider in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Company.
The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. To successfully subscribe on the Website, the User is required to complete the transaction by making the payment for the services opted for.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner.
- The contents listed on the Website are (i) User generated content, or (ii) belong to Company. The information that is collected by Company directly or indirectly from the End- Users and the Practitioners shall belong to Company. All information, content, services and software displayed on, transmitted through, or used in connection with the Website, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the “Company Content“), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website, and solely for Your personal, non-commercial use.
- You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and You may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
- COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please contact Us at firstname.lastname@example.org. Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Website, including for example but not limited to, communication during any registration, you represent and warrant:
- You own or otherwise have all necessary rights to the content You provide and the rights to use it as provided in this Agreement;
- all information You provide is true, accurate, current and complete, and does not violate these Agreement; and
- the information and Content shall not cause injury to any person or entity. Using a name other than Your own legal name is prohibited.
You authorize us to share the information across all our affiliated Websites, to include the information in a searchable format accessible by users of the Website, and to use Your name and any other information in connection with its use of the material You provide. You also grant the right to use any material, information, contained in any communication You send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to You.
- We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
- The Website has no obligation to provide You with a copy of the information You or any other User provides on the Website or that the Website has accessed.
- Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Website.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage You to frequently open the Website to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new Services and/ or features through the Website. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
- You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys’ fees), incurred by or made Us in connection with any claim arising from or related to :
- Your use or any Third Party’s use via Your account of the Service provided by the Website and its Content;
- Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
- You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
- DISCLAIMER OF WARRANTIES AND LIABILITIES
- a) Except as otherwise expressly stated on the Website, all services offered on the Website are offered on an “as is” basis without any warranty whatsoever, either express or implied. In no event, including but not limited to negligence, shall Company , or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website/Platform or the content, materials and functions related thereto, the Services, User’s provision of information via the Website/Platform, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for
- any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website/Platform;
- any unauthorized access to or alteration of your transmissions or data; or
- any other matter relating to the Website/Platform or the Service
- b) The User agrees and undertakes that he is accessing the Website and transacting at his/her sole risk and that he is using his/her best and prudent judgment before availing any service listed on the Website, or accessing/using any information displayed thereon.
- c) The User agrees that any kind of information, resources, activities, recommendations obtained/availed from website, written or oral, will not create any warranty and the Website disclaims all liabilities resulting from these. You are solely responsible for your communication/interaction with other Users on the Website and the Website doesn’t make any warranty about the conduct of Users on the Website.
- d) The Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
- e) The Website will not be responsible for any internet delays and damages caused by such problems. We also disclaim all liabilities and take no responsibility for the content that may be posted on such third party websites by the users of such websites in their personal capacity for sharing and/or listing purposes as well as any content and/or comments that may be posted by such user in their personal capacity on any official webpage of healpha.com on any social networking platform.
- f) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing and sending the same to the registered office of the Company by Registered Post, or the email address email@example.com.
- DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
- Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide the final mediator. The decision of the mediator is binding on both parties.
- Stage 2: Arbitration. In case that mediation does not yield a suitable result or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Hyderabad, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of India. The exclusive jurisdiction and venue for actions and disputes may be as mentioned above, and You hereby submit to the jurisdiction of such courts.
- MISCELLANEOUS PROVISIONS:
- Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
- Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
- Liability: The Company shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
- CONTACT US
If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can e-mail us at firstname.lastname@example.org