TERMS AND CONDITIONS
The following represents the terms and conditions applicable to all the services rendered by India Health Link Pvt Ltd, (IHL), a body corporate registered in India with its Registered Office at SCO-394, New Grain Market, Karnal, 132001 (herein after referred to as the ‘Company’) and delivered through its Portal viz: www.indiahealthlink.com (herein after referred to as the ‘portal’)and the IHL Kiosks operating at different locations in India.
The Company reserves the right to modify this policy as and when required and this is the current version modified last on 04/10/17.
Kindly go through these terms before proceeding to use any of the services offered on the Portal including the information available for browsing.
In the event any user is not agreeable to any of the terms of this document, they shall kindly refrain from continuing to use the services. Continuation of the use of the services is a confirmation of the user’s consent for valuable consideration received to provide their personal information under the terms mentioned here in.
This consent shall be irrevocable for the period for which the user continues to use the services, subject further to the data retention requirements as mentioned here in.
The User (which term shall apply to any person who uses any of the services of IHL either through the Portal or the Kiosk) agrees that a Copy of this document along with the Terms will be sent by the company in confirmation through the registered e-mail provided by the user if any.
Without waiting for the receipt of such e-mail, User confirms that he has chosen to provide confirmation, by clicking on the button “I AGREE” at the end of this document.
IHL owns and maintains the Portal www.indiahealthlink.com and provides certain information there in for browsing and offers certain services through the Portal and
IHL also owns and maintains, kiosks in several physical locations in India which enables users of the Kiosk to undergo certain health checks along with a facility to also upload the results directly to the Portal under a membership service,
The User is interested in using any or all of the services offered through the Portal and the Kiosk under the terms under which they are offered and
The user declares that he/she is an individual who is legally competent to enter into contracts as per laws prevailing in India and propose to avail any or all of the services provided by IHL through this Portal
User and IHL agree that this document constitutes a valid agreement between them setting down the terms under which the services will be provided by IHL and used by the user.
1. In interpreting these terms, Following definitions apply
a. “Portal” means www.indiahealthlink.com and includes subdomains if any there under
b. “Visitor” means a person who is visiting this Portal and going through its contents
c. “User” means a person who uses the services offered and includes the visitor who browses through the Portal and those who register and use any additional services. d. “Company” means India Health link Pvt Ltd, a registered company having its office at SCO-394, New Grain Market, Karnal, Haryana 132001 and includes their legal representatives, executors, administrations and assigns.
e. “De-identified Information” means any information that with the associated parameters does not identify the information as belonging to any specific individual. f. “Limited Data Set” means any otherwise de-identified information that may contain demographic information associated with the individual to whom the information may belong and is required for Research.
g. “Kiosk” means device used to measure vitals such as Weight, BMI, BMC, Pulse and ECG. It is hardware / software platform which can print the reports, show advertisements, do telecommunications for tele-medicine and diagnosis etc.
h. “Telemedicine Service” means the exchange of medical information and data, remote treatment and diagnosis of patients through telecommunications and electronic technology.
2. Any person or organization that uses the services of this Portal and or the Kiosk declares that he is competent to enter into contractual agreements as per the laws of his country, has not been barred from entering into contracts with the Company for any reason and to abide by the laws prevailing in India.
3. Applicable Laws and Jurisdiction The Company is registered in India and this agreement is deemed to be executed within the jurisdictional bounds of India. Any disputes arising out of this agreement shall be subject to the jurisdiction of Courts in Delhi , India as per laws applicable in India.
Status under Indian Law
4. This Portal provides services to enable users to store their health records which may be easily accessed by them at times of need. The function of this Portal and the Kiosk is limited to providing a platform that can be used by the different users. The Portal does not initiate transmission of messages or select or modifies the information contained in the transmission of any information except with the intervention of the user and is therefore considered an “Intermediary” as per Information Technology Act 2000.
5. The Kiosk is a device which is offered as a tool for the user to check certain health parameters and optionally upload the results to the member’s information maintained on the Portal. Kiosk measures the health parameters based on technology which is considered reasonably reliable and transmits the information to the Company’s storage systems keeping the local storage requirements to only operational contingencies. The Kiosk is an electronic system consisting of hardware and software which is leased out to the user temporarily at the time of its use and the user either picks up the information at the Kiosk and leaves or decides to trigger the health data storage service of the Company by sending the information from the Kiosk to the Company.
6. Telemedicine Service is a service where the users may consult registered medical practitioners sharing with them the health records. The Company is not in the business of providing medical advise by itself. The role of the Company in this service is limited to arranging the appointment through the electronic system and making reasonable background verification of the medical practitioners whose contacts appear on the Portal. The user is responsible to make his own enquiries about any of the medical practitioners that he wishes to consult and satisfy himself about the appropriateness of the person for his needs.
7. The user shall provide accurate and complete information about himself including e-mail address at the time of registering himself for the use of the service and shall inform the Company of any changes that may occur subsequently. Any notice sent to the registered e-mail address shall be considered as an effective delivery of the notice to the user. Any notices to be sent to the Company in respect of any of the reasons related to the use of the Portal shall be sent to the address provided by the Company in the Grievance Policy document available on the Portal.
9. The user shall refrain from posting any information that constitutes violation of any of the provisions of Indian laws. In particular, the user shall not host, display, upload, modify, publish, transmit, update or share any information that —
(a) belongs to another person and to which the user does not have any right to;
(b) 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;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defense, 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
10. The User shall not carry out any activity which unauthorizedly damages, modifies or deletes any content on the Portal or the functionality of the application or otherwise impairs the functioning of the Portal whether or not such activity provides any wrongful gain to the user or wrongful loss to any other person.
11. User shall keep his account particulars confidential and take all steps that are reasonable and necessary to prevent his identity from being compromised.
12. User understands and acknowledges that if the user cancels his account or the account is terminated, all account information , including saved records will be deleted from the company’s databases. The user is advised to hold backup copies to safeguard himself from any loss of information due to such deletion.
Such Information may however continue to be retained offline for audit purpose and as per data retention requirements as per laws applicable in India.
13. User agrees to immediately notify the Company of any unauthorized use of the user account, Profile, or passwords.
Additional Terms Applicable to Medical Practitioners
15. The Medical practitioner is responsible for maintaining the confidentiality of the information shared by the customers during the consultation process. He shall not download the health data of the customers from the Portal nor receive any access password from the customers even if offered.
16. If the medical practitioner requires submission of any health records, he may request and receive it directly from the customer or with the customer authorizing the Company to send the requested information.
17. In conformity with the requirements of the provisions of Section 79 of Information Technology Act 2000, any disputes arising out of the use of IHL services is subject to the Grievance Redressal procedure indicated on the Portal and the laws applicable in India. Limited Warranty.
18. The Company takes all reasonable care to ensure that the Portal and its applications shall be up and running without unreasonable disruption of the service and is free of malicious codes and bugs. However the services are provided on “as is” basis without any representations or warranties express or implied and shall not be liable on account of disruption of service or bugs or other damages that may be caused to the user for reasons beyond the reasonable control of the Company.
19. The Company shall take reasonable care to ensure that the content provided by the Company on the Portal is
a. Fair, reasonably free of errors and not false or misleading
b. Is free from bugs, viruses, Trojans or other malicious codes
The Company shall not be liable for any loss including consequential loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill or loss or corruption of information or data or loss in any other form to the user as a result of using the Portal or its applications.
Third party Content
20. The Portal may contain links to third parties including advertisements. The Company shall not be responsible for any damages, claims or liability from your use of any third party Portal you may visit as a result of such links or advertisement content Indemnity.
21. The user hereby holds the Company and any of its officers indemnified against any losses, damages, costs, liabilities and expenses including, without limitation legal expenses and any amounts paid by the Company to a third party in settlement of a claim or dispute incurred or suffered by the Company arising out of any breach by the user of any provision of these terms and conditions, or arising out of any claim that the user has breached any provision of these terms and conditions.
Cross Border Data Transmission
22. The Company maintains its data storage facilities in India. However, it reserves the right to host data elsewhere for meeting exigencies or for disaster recovery and business continuity purposes. User by conforming to these terms is deemed to have given his consent for collection, processing and transmission of data as per company’s policy including permission for cross border transfer of data from the user’s country.
23. The Company reserves its right to use De-identified information for research and own use.
24. The Company reserves its right to use Limited Data sets for research and statistical purposes.
25. The Company follows reasonable security practices to protect the loss, misuse or unauthorized alteration of user’s personal information that is made available to the Company by the user.
26. Company considers data which is encrypted and where the encryption keys are securely held separately as adequately secured information to which the Privacy and other security Controls as applicable to unencrypted personal or sensitive personal information are not applicable.
28. The Company reserves the right to terminate the registration of any of the user solely at its discretion without assigning any reason thereof.
29. The obligations under this agreement shall subsist for a period of one year after the member ceases to be a member Data Retention
30. As per requirements of the laws in India, the Company reserves the right to archive any of the data related to the user or content posted by him at any time during the tenure of his use for a reasonable period even after the user terminates the use of the application.
31. When the user opts to withdraw any content posted by him earlier, such deleted content may be preserved in back up copies for a reasonable period or archived by the Company though they are removed from the public view.
32. Any content posted on the Portal may be made available on demand by a law enforcement authority under a due process of law.
33. The company shall not however is obligated to keep back up of any content and provide the content on demand to any user Severability
34. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
TELECONSULTATION TERMS & CONDITIONS
IHL Teleconsultation (services run by India Health Link Private Limited) is providing online consultations through its digital platform provided by Genix Technologies Private Limited. IHL collaborates with clinical experts of various specializations to provide health consultation via video conferencing (“Tele-Consultation”) through its website and through health KIOSKs. The following terms and conditions govern all the transactions with respect to tele-consultations including appointment booking, refund, and all other transactions through the website or through its authorized third party websites.
The IHL service available on the Website do not in any way constitute an invitation or recommendation to avail the tele-consultation services. The services provided through the website or KIOSK are not intended in any manner to be asubstitute in person consultation with a doctor or any healthcare professional. IHL advises the users to makeindependent assessment in respect of its accuracy or usefulness and suitability prior to making any decision in reliancehereof. Terms 'you' and 'your' hereafter refers to the user both registered and unregistered who is using/browsingthrough the IHL website (www.india healthlink.com) and/or using KIOSKs deployed at various facilities of our partnersor clients
1. Availability, Appointment, Rescheduling, Follow-up, and/or Cancellation :
Tele-consultation is available for only users living in India only as per the latest tele-consultationguideline released by Govt of India
Tele-consultations shall be available for any clinical consultations aligned to the tele-medicinenotification by government of India on tele-medicine.
Tele-consultation from a specific doctor/physician shall be available subject to his/heravailability/willingness/discretion. Confirmation of your appointment with a specific doctor/physician,as per his/her availability, shall be sent to you via SMS and/or via email and/or via webportal. IHLreserves the right to reschedule or cancel an appointment without any prior notice though thecompany will communicate the cancellation or reschedule information via SMS and/or email and/orwebportal.
The time provided for consultation to you is indicative. The actual consultation time may change depending on the consulting Doctor's discretion.
Your consulting Physician reserves the right to provide post consultation follow-up at no additional cost.
Consultations can be booked, rescheduled or cancelled only within the stipulated time limits mentioned below:
Cancellation & Rescheduling Deadlines
Schedule an appointment (With in book next 1 hour to next 5 days) :
1 Hour before approved / confirmed appointment time where 70% of the total fee will be refunded
Cancellation available only till 1 hour after the scheduled booking, otherwise it will be considered as no show case and there will be no refund in no show cases
The rescheduling and cancellation will only be accepted through the website.
Consult Now (With in next 15 to 45 Mins)
1 Hour before approved / confirmed appointment time where 70% of the total fee will be refunded
There will be a 50% fee refund for any cancellation.
30 min after the scheduled appointment will be considered as no show case and no refund will be issued.
2. Listing of Doctor or Practitioner :
Without prejudice to the generality of the service, IHL has no role to play in determining the consultationfees of the doctors. The consultation fees are determined at the discretion of the doctors. IHL will chargethe doctors consultation fee along with a convenience fee and taxes payable at the time of appointmentwith the patient.
Without any prejudice to the generality of the doctors rating and reviews, IHL has no role in increasingdoctors rating or providing the favourable or otherwise feedback against any doctor. IHL does not ensureor take liability of any relation between the rating feedback and the quality of the services provided bythe doctors. Users are responsible to make their own judgement while selecting any doctor for theservices
3. Information and Documents required :
You are solely responsible for the medical, health and personal information you provide in India Health Link health portal and during the consultation. The advice of the doctor will depend upon the information you provide to the doctor.
User discretion is advised while submitting/uploading your required personal and clinical information on the specified place and selecting the doctor for seeking appropriate advice related to the condition of the patient. This information shall include patient’s details including contact details, medical history, testing/investigations results/reports, prescriptions, card holder name and other relevant details.
If the information provided by you is false/deceptive/inaccurate or misleading, IHL reserves the right to cancel your appointment without assuming any liability whatsoever. Hence, it’s advised to submit/upload all relevant and accurate information on the portal or while sharing information during the consultation.
The information provided by you may be used for the purpose of services including analysis, research, training and disclosure (where required) to its affiliates, agents, others,and can be shared on demand with government authorities on request or in emergency situations
The information provided by you can be kept with IHL indefinitely and can be used without revealing your identity.
4. Equipment and connectivity requirement :
The services available on the website shall be provided to you via audio/video consultation. Please ensure that you are equipped with proper video conference equipment and internet connectivity as mentioned or is relevant for the service you want to avail. In case of inadequate video conference equipment, technical error or defective internet connectivity IHL reserves the right to reschedule or cancel your appointment without any notice.
You understand and acknowledge that there will be no physical examination involved and the consultation services shall be provided remotely. The opinion delivered by the doctor / physician shall solely be based on the verbal communication between the concerned doctor or the physician and the patient, and the test reports, and other information provided/uploaded by you on the website.
IHL or the consultingoctor/medical practitioner shall not be liable for misdiagnosis/faulty judgement/interpretation error/perception error/adverse events/inefficacy of prescribed treatment or advice/validity provided by the consulting doctor in your country of residence/unavailability of the recommended or prescribed treatment or medication under any condition or circumstances. Users are advised to use their discretion for following the advice obtained post consultation from IHL.
IHL Services are not meant in any way for emergency and life-threatening conditions. It is advised to take the patient to the nearest hospital in such cases.
5. Cookies :
IHL, like many other websites, uses “Cookies”. Cookies are small data files that a Website stores on your web browser. These are used for the purpose of storing your preferences, browsing activities, profiling and tracking behaviour on this website. By visiting IHL website you acknowledge, accept, and expressly authorize IHL for the placement of Cookies on your web browser.
6. Electronic Payments/ Refunds :
IHL offer’s online mode of payment. You may use internet banking or debit/credit card or specific digital payment modes available for making payment for consultation charges. You shall be directed to our trusted payment gateway partners once you proceed to make payment of service fee.
IHL shall not be liable in any manner whatsoever, if incorrect or inaccurate credit / debit card details or digital payment details are provided by you for making the payment of consultation fee or you use a credit/ debit card which is not lawfully owned by you or if you permit a third party to use your password or other means to access your account.
IHL shall keep the aforesaid information confidential at all times and shall not utilize and share the same with any of the third parties unless it is an authorized third party website and/or required by law/regulation or court order.
Refunds may be made in case a request is raised by the user by clicking the cancel button in the user dashboard on the IHL website within the stipulated deadline mentioned in the refund & cancellation table above.
Refunds will only be made against genuine and trackable cancellation requests generated by you by clicking on the cancellation button provided in the IHL user dashboard in your IHL account. Refund request against delays, nature of advice obtained, efficacy of treatment, health outcomes of consultation will not be entertained.
Refunds may be processed within 15 working days from the receipt of a request from you. All communications with regards to refund should be sent to firstname.lastname@example.org.
You have the option to reschedule or cancel a booked appointment, strictly within the stipulated deadlines as mentioned in the refunds and cancellations table above.
IHL reserves the right to modify/implement a new pricing structure at any time prior to billing you for your initial payment or for future payments.
7. Use of Content & Copyright :
IHL owns the website as well the intellectual property contained thereon including all programs, processes, designs, software, technologies, trademark, trade names, inventions and materials therein and all the services offered by the doctors/physicians or others on the website.
You shall not use the content available on the website without the prior written permission of IHL.
8. Privacy and Security :
IHL uses secure encryption technology to keep your information safe and secured at all times. IHL is committed towards maintaining the privacy of the information uploaded by you on the website and complies with the industry standard security safeguards for the purpose of securing the website and the information provided/uploaded by you.
IHL uses all reasonable endeavors to ensure the integrity of the online payment facility’s security. Despite our endeavors, breaches of security and confidentiality could occur. You acknowledge that we are not liable for any loss suffered by you as a result of any breaches in security.
9. Value added services from associated partners :
IHL engages various health care service providers to provide you additional convenience. You are free to select any product or services you need if that fits to your needs.
During the course of any service if you may come across any promotional services and you will be prompted to agree or disagree to avail the services supplied by the Associated Vendors by providing your explicit consent.
Upon your acceptance and willingness to avail associated vendor services, IHL reserves the right to share your entire prescription, personal details to the vendor to contact you for fulfillment of services. And you agree to provide the rights to the associated service vendor to contact you on the provided contact details mobile number or email address or both.
10. Indemnity :
You agree and undertake to indemnify and keep indemnified IHL , the concerned doctor/physician and IHL for any losses, costs, charges and expenses including reasonable attorney fees that the concerned doctor/physician and IHL may suffer on account of (a)misdiagnosis/faulty judgement/interpretation errors/perception error arising from (i)your failure to provide correct and/or complete clinical information/history about the patient in timely and clinically appropriate manner; or (ii)suppression of material facts; or your failure to provide relevant clinical information about the patient; or (iv)misinterpretation of the advice/prescription/diagnosis by you; or (v)failure to follow doctor’s advice/prescription by you; or (b)incorrect or inaccurate credit/debit card details provided by you; or (c)using a credit / debit card which is not lawfully owned by you; or (d)if you permit a third party to use your password or other means to access your account.
11. Disclaimer :
IHL provides the services on “as is” basis and expressly disclaims all representations, warranties or conditions of any kind, either expressed or implied, as to the operations of the website, the information, content, service provided through or in connection with the website.
In no event shall IHL be responsible for any third party misuse for the data and for any acts, deeds and circumstances beyond the control of the management of IHL.
You agree and acknowledge that you are solely responsible for your conduct.
12. Limitations of liability :
In no event shall IHL be liable for any direct, indirect, punitive, incidental, special or consequential damages or any damages whatsoever including without limitations, damages for loss of use, data or profits, arising out of or in any way connected with the use of IHL services.
13. Termination :
This arrangement may be terminated by either party at any time, with or without cause.
IHL reserves the right to refuse the use of services immediately in case your conduct is deemed by IHL to be in contravention of applicable acts, laws, rules, and regulations or considered to be unethical/immoral.
IHL reserves the right to take down your profile as well as the right to access your profile in case IHL finds feedback from doctors of any unlawful conducts, abusive languages, misconducts during the consultation process display, with or without notice to the concerned practitioner.
14. Modification of Terms and Conditions of Service :
IHL may at any time, without any prior notification to you, modify these terms of conditions.
Please review the latest version of the terms and conditions before proceeding to avail the service.
If you continue to use the service, it shall be deemed that you agree and abide by the modified terms and conditions.
15. General Terms and Conditions :
This agreement shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of the courts at New Delhi and
IHL makes no representation that the services are appropriate for patients in any other location except India as IHL operates and controls these websites from India.
If any part of the agreement is determined to be invalid or unenforceable pursuant to applicable law then the said provision will be superseded by a valid, enforceable provision and the remainder of the agreement shall continue in effect.
You acknowledge that the relationship created through your use of this website shall be of principal to principal. You shall not represent yourself as a representative agent or employee of IHL.
You represent and warrant that you’re not a minor (i.e., you are above 18 years of age) and that you are competent and eligible to enter into a legally binding agreement.
The terms and conditions herein form an agreement. Please read this agreement carefully and if you are not agreeable to any terms and conditions please do not proceed further.
By clicking on “I Agree” and proceeding further you signify that you read through, understood and accepted aforementioned terms and conditions of use of service. You must agree to the above terms and conditions in order to avail the services through the website. If you have any queries or need any clarification or assistance please contact us at email@example.com
" Confidentiality Notice: This document is confidential and contains proprietary information and intellectual property of India Health Link Pvt Ltd. This document is only meant to be referred by specific users to whom it is shared by India Health Link Pvt Ltd. Neither this document nor any of the information contained herein may be reproduced or disclosed under any circumstances without the express written permission of India Health Link Pvt Ltd. Please be aware that disclosure, copying, distribution or use of this document and the information contained therein is strictly prohibited."