We welcome you to indiaonlinehealth.com (the “Platform”), managed by Ayushman Pvt. Ltd. (Ayushman).
IT IS YOUR RESPONSIBILITY TO READ THE TERMS OF USE OF THE WEBSITE CAREFULLY. THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AND ADDITIONAL TERMS FOR MEDICAL AND HEALTHCARE SERVICES PROVIDERS CONSTITUTE THE TERMS OF USE AND ACCESS TO ITS CONTENTS AND FEATURES. BY CLICKING ON ‘I ACCEPT’ BUTTON, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OTHER POLICIES, WITH ADDITIONAL TERMS FOR MHSP. IF YOU DO NOT AGREE TO BE BOUND WITH THESE TERMS OF USE, PRIVACY POLICY AND ADDITIONAL TERMS FOR MHSP PLEASE DO NOT USE OR ACCESS THE WEBSITE.
The indiaonlinehealth.com provides a Website for general users to look for health related information, as published by practicing Doctors and Healthcare Consultants. The Website does not, in any way, claim to own the information or responsible for its accuracy or validity.
The indiaonlinehealth.com also acts as a Platform for registered Family Doctors, Physicians, Dentists, Diabetologist and Medical Practitioners with other Specialties and Practitioners of Alternate Medicine, Dieticians, Psychologists and Medical Counsellors, collectively called as Medical & Healthcare Service Providers (MHSP); registered Diagnostic Labs including Pathology and Radiology laboratories, collectively referred to as Labs (Lab); and registered Pharmacies (Pharmacy) to enable them to offer their services to registered Users (Consumer) for seeking an appointment with MHSP of their choice, host their Personal Medical Record (PMR) for sharing them with MHSP, booking appointment for investigation tests from Lab and for forwarding prescription from their MHSP to Pharmacy.
Ayushman has taken declaration form MHSP, Labs and Pharmacy that they are authorized to offer their services and products by competent authorities like Medical Council of India, Central Council of Homeopathy in India, Dental Council of India, FDA and others, as the case may be. Ayushman has NOT validated their claims and solely depended on their declarations. Ayushman does not have ability to evaluate competence of these MHSP, Labs and Pharmacy. Users are strongly advised to undertake their own diligence process to ascertain competence of individual MHSP, Lab and Pharmacy. Ayushman will not be responsible for any consequences or damages resulting from availing their services.
Personal Medical Record (PMR) are all medical records of an individual either created by individual himself or by a qualified medical and healthcare service provider. Electronic Medical Records (EMR) are created by a qualified medical practitioner. The two terms need to be interpreted in appropriate context.
1. Usage by General User:
Any user can visit the website after understanding the Terms of Use described in this section. They can read the contents for their own use but cannot reproduce without obtaining express permission from the publisher of the information, nor can use it for any commercial activity.
2. Usage by Consumer:
The Platform is designed for Indian Consumers having Indian citizenship and bound by Indian laws. Every consumer having intention to host his PMR and / or use the services of any Registered MHSP, Lab or Pharmacy must register on the Platform.
2.1 Right to Subscribe and associated Responsibility:
2.1.1 Any Indian citizen can register as a Consumer, unless disqualified or barred by a government authority or any constitutional body. Consumers must give their actual identity and not a fake or assumed name.
2.1.2 Every Consumer irrespective of age, gender, or handicap status needs to have his / her own account in his / her own name.
2.1.3
For children below the age of 18 years, registration has to be done
by their parents / guardian and avail any Services offered on this
Platform
under the supervision of a parent / guardian.
2.1.4 For senior
citizens, handicapped persons and other adults, who are not
comfortable with use of Computer / Internet technologies,
registration may be done on their behalf by a relative / friend. In
such cases, he will have to declare that he is authorized by the
Subscriber and act as guardian, while using the Services.
2.1.5 The Consumer is permitted to make use of Platform and / or all the facilities available for genuine purposes only. The Consumer is not permitted to misuse the Platform and / or any facility available thereon, for any commercial, illegal, immoral, or unethical purpose.
2.1.6
Since many of the Services provided by MHSP
depend
on past medical history, it is the responsibility of the Consumer
to ensure that his PHR,
(including his allergies, immunization, past medical treatment,
hereditary related family history, reports of medical check-ups,
prescription and consultation summary with MHSP)
are kept current and complete at all times. He should take assistance
of his panel of MHSP in creating and updating his PHR
at various stages.
2.2
Applicable Charges:
2.2.1 Registration and Subscription Charges: There may be various plans with associated Functions and Features. Consumer may subscribe to a plan as per his need and choice. He must pay all applicable charges and renew before the subscription period is over, in order to continue to access his records and avail services offered by MHSP. Platform reserves all rights to disable his access and delete his records if he fails to keep the account active.
2.2.2 Platform Usage Charges: Based on the plan subscribed, certain services may attract usage charges on per transaction basis. Consumer will be required to pay these transaction charges.
2.2.3 Consultation & Service Provider Fees: All service providers including MHSP, Lab and Pharmacy decides their own Fees and charges solely by themselves and Platform does not control them in anyway, whatsoever. Platform has provided facility for Consumers to make payment using secured on-line payment gateway and to collect such fees and charges on their behalf and pass them to the respective Service Providers. These charges are usually payable at the time of booking an appointment or ordering the service.
2.3 Confidentiality and Privacy:
2.3.1 The information provided by the Consumer and records created by his Service Providers is stored on the Platform in a secured manner. Consumer has the option to add his Service Providers into his network. By including such Service Providers in his network, amounts to providing access of Consumer’s records to his Service Providers. At all times, Consumer will have the provision to remove the Service Provider from his network, thereby, removing access to his records to such Service Providers. However, records created by Service Providers themselves, will continue to have access to such records. Besides, such information will be accessible to authorized staff of Platform at all times.
2.3.2 Platform will have the liberty to use the data for all legal purposes including medical research. However, any information used by the Platform for such purposes will be anonymized adhering to HIPAA guidelines.
2.3.3 Consumer will be solely responsible for keeping his access related information such as Username, password and answers to challenge questions completed secured.
2.4 Limitation of Liability:
2.4.1
Consumer
needs to be aware and understand that availing an On-line Video /
Audio / Phone consultation with a MHSP using the Platform
poses
certain limitations in providing advice as there is no physical
examination of the Consumer
by the MHSP.
It is not equivalent to an In-clinic consultation. On-line
Consultation is best suited for Follow-up consultation and for
consultation for routine ailments, not requiring physical
examination.
2.4.2 Platform
is
not responsible or liable for any advice provided by MHSP
and
for any services provided by
Lab and
Pharmacy
or for any consequences of the advice provided by MHSP
and
for any consequences of any services provided by
Lab and
Pharmacy.
2.4.3
All the services provided by the Platform
are
technology based and using various Information Technology services,
which mainly depend upon availability of power and network
connectivity, which are sometimes beyond the control of the Platform.
The Consumer avails of the service provided by Platform
on
an as-is basis and assumes all the risks involved for the causes
beyond Platform’s
control,
with respect to any consequential damages arising out of nature of
service, non-availability of service like power, network
connectivity, any shortfall in completeness or loss of information
stored, or loss of accuracy.
2.4.4 MHSP,
Lab
and Pharmacy
are independent agents who give services in their own individual
capacity. Platform
is
not in any way, responsible for individual acts of improper or
incompetent advice or service provided by MHSP,
or Lab.
If it is proven beyond doubt that the promised services provided by
the MHSP
or
Lab
were not delivered, Platform
can
withhold payments to such service providers in specific instances and
money collected for that transaction can be credited back to the
Consumer’s
account. If a MHSP
fails
to keep an appointment due to any reason, he is obliged to refund the
money collected for such. Under such situation, Platform
will
credit the customer account with the refund amount
2.5 Refunds:
2.5.1 Registration & Subscription: If the plan has an initial Registration Charges, the same are not refundable. The Subscription can be upgraded to a higher plan by paying differential amount from existing plan to higher level plan. The Subscription can also be downgraded to a lower plan, but the same will be effective from the date of expiry of existing plan.
2.5.2 Platform Usage: Once a service is availed from the Platform, the charges become payable and cannot be refunded. If there is any advance, the same can be refunded upon request.
2.5.3 Consultation and Service Providers Fees: If Consumer informs Ayushman about the short coming in Service provided by them in writing, Ayushman will investigate the claim and at its sole discretion, may refund a part or full amount paid / deposited by the Consumer to Ayushman, in case the designated service provider has failed to provide service in part or full. Any such complaint must be reported within 72 hours of such an act happening. In any case, the claim and refund will never exceed the amount paid towards services provided for this specific act. No refund will be admissible after 72 hours of such act.
2.6 Termination of Subscription:
2.6.1 Ayushman may terminate the Subscription at any time, if in its opinion, the Consumer is misusing the Website; not using for genuine purposes or using it for commercial, illegal, immoral or unethical purposes.
2.6.2 Subscription may be terminated by Ayushman if subscription is overdue. The Consumer’s medical record will be kept live for up to 30 days but will not be accessible until the subscription is renewed. Records may be permanently deleted after 30 days from expiry of subscription.
2.6.3 If the Consumer decides to terminate the subscription, his records may be deleted on his request or kept live till the subscription period is over. However, no refund will be admissible in either case.
3.
Usage
by
Medical Practitioner and Healthcare Service Provider (MHSP):
Usage of the Platform by MHSP is subject to acceptance of all Terms & Conditions described below and after signing an agreement by Clicking 'Terms & Conditions' in the Registration Process. Separately, MHSPs will have to send a duly signed agreement along with self-attested copies of their ID proof, Address proof, Last Medical degree, and Registration Certificate with appropriate Medical Council. Ayushman largely depends on self-declaration but reserves the Right to conduct independent validation process.
3.1. Rights and Responsibilities of MHSP :
3.1.1
Any MHSP
with Indian citizenship and holding a medical degree recognized by
Government of India can register and subscribe to Platform
as
a MHSP,
unless he is disqualified or barred by a government authority, any
constitutional body or Medical Council of India or its
subsidiaries.
3.1.2 The MHSP is permitted to make use
of Platform
and
/ or all the facilities available for genuine purposes only. The MHSP
is not permitted to misuse Platform
and / or any facility available thereon, for any commercial, illegal,
immoral, or unethical purpose.
3.1.3 PHR including
Medical prescription by a Doctor is owned by the Consumer but he
needs to give access to the MHSP,
whom he is consulting. Accordingly, during Consultation, MHSP
will have Rights to view PHR records of the Consumer. At other times,
MHSP
may ask Consumer
and Consumer
will have to give explicit access rights (such as before an upcoming
appointment or to a family Doctor at all times) to his EMR.
3.1.4
MHSP
is solely responsible to decide if he needs to provide consultation
on-line using Video / Audio / phone with the help Consumer's
PHR and reports. If in his opinion, he needs to do a physical
examination, he should ask the patient to come for the same at his
Clinic / hospital.
3.1.5 MHSP
can publish his Profile with Clinic address and contact details.
MHSP can also publish his 'In-Clinic' and 'On-line' Video / Audio /
Phone Consultation calendar to enable Consumers to take appointment
as appropriate. MHSP
may make use of several scheduling related features to ensure that he
maximizes his availability for Consumers, keeping waiting time to
bare minimum.
3.1.6 Under normal circumstances, MHSP
is expected to meet with his patients at appointed time. However, if
due to unavoidable circumstances, he needs to cancel an appointment,
he must inform the patient well in advance (preferably 24 hours in
advance).
3.2 Charges:
3.2.1
Registration and Subscription Charges:
Ayushman
may offer one or more plans with different Features and
Functionalities for MHSP
with appropriate Registration and Subscription charges for using
the Platform.
Ayushman
reserves
the right to waive some of these charges for a limited period. If
MHSP
has chosen a plan with Subscription Charges, it will MHSP’s
responsibility to keep his account active by paying the charges
before its expiry. Ayushman
may
keep the account in suspended state without removing any data created
by the Doctor for 30 days from expiry of his plan but deny access to
such records till it is made active by paying the subscription.
Ayushman reserves the right to delete all records created by MHSP
after the expiry of 30 days.
3.3
Consultation and Other Service Fees: Ayushman
does not influence or control Consultation charges for the Services
offered by MHSP
and the same are solely decided by individual MHSP.
3.3.1
For 'In-Clinic' Consultation, MHSP
may opt to ask Ayushman
to block some amount from Consumer's account at the time of booking
an appointment or allow booking of appointment with complete payment
at the clinic. Such an option would be provided through settings
provided for the MHSP.
If he chooses to allow booking an appointment with full payment at
the clinic, he needs to ensure that he collects all his charges.
Ayushman will not be responsible for collection of his fees for such
incidences.
3.3.2 For 'On-line' consultation, MHSP
will authorize Ayushman
to block Consumers account with his full consultation fees at the
time of booking. Once the Consultation is completed gracefully, the
same amount will be credited to the MHSP
account. If the Consultation is cancelled by the Consumer,
his account will be credited back with the amount due to him as per
cancellation policy. If cancellation is done by the MHSP,
Consumer's
account will be credited back with entire amount blocked for MHSP
consultation.
3.4 Confidentiality:
3.4.1
PHR of the Consumer
is private information of the Consumer
and its access to the MHSP
is given solely for the purpose of enabling MHSP
to provide highest quality of professional Service. MHSP
needs to treat PHR and related information confidential. If any
information needs to be shared with other authorized personnel
(MHSP's
Staff member, another MHSP,
Lab,
Consumer’s
close relative etc), it should strictly be done on 'need-to-know
basis' and in the interest of providing full and better advice. In
such cases, MHSP
is expected to take permission of the Consumer
before sharing such information.
3.4.2 MHSP
will ensure that his staff is made aware of the privacy involved in
medical consultation and take undertaking from them that they will
never share Consumer’s
PHR information without MHSP’s
permission. MHSP
will not provide access to PHR of the Consumer
and Consultation proceedings to staff except on 'need-to-know' basis.
For
On-line consultation, MHSP
will ensure complete privacy from where he is providing
consultation.
3.4.3 The information provided by the MHSP
and the consultation records (examination details, diagnosis,
prescription, investigations, medical or surgical procedures carried
out or reports of such investigations etc) provided to the Consumer
will be stored on the Platform
and
said information and the proceedings stored on the Platform
will
be accessible to Ayushman
at all times, to which the MHSP
will have no objection at any time.
3.4.4 Ayushman
is at liberty to use the data for all legal purposes including
medical research and statistics. When used for such purposes Ayushman
will take utmost care to keep the identity of the Consumer
and MHSP
anonymous and confidential adhering to HIPAA guidelines.
3.4.5
The MHSP
is solely responsible to keep his 'Access' related information such
as user name, password and answers to challenge questions etc, as
well as access to his email completely confidential.
3.5 Limitations of Liabilities
3.5.1 All the services provided by Ayushman are technology based and using various Information Technology services, which mainly depend upon availability of power and network connectivity, and which are sometimes beyond the control of Ayushman. The MHSP avails of the service provided by Platform on an 'as-is' basis and assumes all the risks involved for the causes beyond Ayushman's control, with respect to any consequential damages arising out of nature of service, non-availability of service like power, network connectivity, any shortfall in completeness or loss of information stored, or loss of accuracy.
3.5.2 MHSP needs to be aware and understand that providing an On-line Video / Audio / Phone consultation to a Consumer using Platform poses certain limitations in providing advice as there is no physical examination of the Consumer by the MHSP. It is not equivalent to an In-clinic consultation. On-line Consultation is best suited for 'Follow-up' consultation and for consultation for routine ailments, not requiring physical examination. Under all circumstances, MHSP is solely responsible for deciding if 'On-line' Consulting is suitable for each specific situation.
3.5.3
Each MHSP
is an independent agent who provides services in his own individual
capacity. If it is proven beyond doubt that the MHSP
did not provide promised services, Ayushman can withhold payments of
such deficient service in specific instances and money collected for
that transaction can be credited back to the customer account. If the
MHSP fails to keep an appointment due to any reason, he is obliged to
refund the money collected for such transaction. Under such
situations Ayushman
will credit the Consumer’s
account with the refund amount.
3.5.4 While Ayushman
will take every care to safeguard customer data, Ayushman
is not responsible for any accidental loss of data or service
discontinuity and MHSP
agrees to indemnify Ayushman
against any and all consequential damages.
3.6 Settlement of Accounts:
Ayushman will follow a periodic cycle (weekly, fortnightly or monthly cycle) of accounts reconciliation. Ayushman will credit all amounts due to individual MHSP in their bank accounts (provided by them at the time of registration or updated in their profile subsequently) within 7 working days from such reconciliation period. A statement will also be mailed to their email Id providing details for the payment. Any disputes must be raised within 7 days from providing the monthly reconciliation statement.
3.7 Termination of Subscription:
3.7.1
The Subscription provided to the MHSP
can be terminated by Ayushman
at any time, if in the opinion of Ayushman, the MHSP
is misusing Website;
not using Platform
for
genuine purpose; using Platform
for commercial, illegal, immoral, or unethical purpose.
3.7.2
MHSP
can decide to discontinue his license by informing Ayushman
in writing accordingly. Any amount available in his account will be
credited to his bank account at the end of the following
reconciliation cycle.
4. Usage by Lab & Pharmacy :
Usage of the Website by Lab & Pharmacy is subject to acceptance of all Terms & Conditions described below and after signing an agreement by Clicking Terms & Conditions in the Registration Process. Separately, Lab & Pharmacy will have to send a duly signed agreement along with self-attested copies of their ID proof, Address proof and applicable Registration Certificate with appropriate authorities. Ayushman largely depends on self-declaration but reserves the Right to conduct independent validation process.
Usage of the Platform by Lab & Pharmacy is subject to acceptance of all Terms & Conditions described below and after signing an agreement by Clicking Terms & Conditions in the Registration Process. Separately, Lab & Pharmacy will have to send a duly signed agreement along with self-attested copies of their ID proof, Address proof and applicable Registration Certificate with appropriate authorities. Ayushman largely depends on self-declaration but reserves the Right to conduct independent validation process.
4.1 Rights to Subscribe and Responsibilities thereof:
4.1.1
Any Lab
& Pharmacy
registered as a commercial organization in India and managed by
authorized personnel as required by statutory bodies and
organizations recognized by Government of India can register and
subscribe to Platform
as
a Lab
& Pharmacy,
unless he is disqualified or barred by a government authority or any
constitutional body.
4.1.2 The Lab
& Pharmacy
is permitted to make use of Platform
and
/ or all the facilities available for genuine purposes only. The Lab
& Pharmacy is not permitted to misuse Platform
and
/ or any facility available thereon, for any commercial, illegal,
immoral, or unethical purpose.
4.1.3 Labs
can publish their Profile with address and contact details of their
establishment. Labs
also needs to publish their Catalogue of Service (for all the tests
for which facilities are available ) along with their prices.
4.1.4
Similarly Pharmacy
can publish their Profile with address and contact details of their
establishment. They should also publish if they provide home delivery
of their supplies and charges thereof.
4.1.5 Doctor
may prescribe certain diagnostic tests (from a Pathology or Radiology
Lab) and medication to the Consumer
based on consultation provided by him either In-person or On-line by
using Platform.
A prescription so generated under the log-in by the Doctor,
is deemed to bear his signature.
4.1.6 Consumer
may place a requisition for certain diagnostic test as a result of
prescription issued by the Doctor
after the consultation or on his own accord (generally in case of
chronic cases). At this time, Consumers
account will be blocked by an amount equivalent to the test charges.
Lab will get an alert on his dashboard and he needs to get in touch
with the Consumer
to fix an appointment for conducting the tests before accepting the
order. Once the reports are available , the same need to be uploaded
into Consumer’s
EMR through the mechanism provided by Platform.
Once the reports are uploaded successfully, Lab's
account will be credited.
4.1.7 Consumer
may also place a requisition for certain medicines as a result of
prescription issued by the Doctor after the consultation or on
Consumer
may ask for a refill of a previously issues Prescription by the
Doctor
(generally in case of chronic cases). Pharmacy
will get an alert on his dashboard and he needs to get in touch with
the Consumer to confirm availability and delivery /pick up mechanism.
However, no money will be blocked /collected from Consumers
account for supply of medicines. Lab
needs to ensure that he collects the money against the supplies
directly from the Consumer.
4.2 Various Applicable Charges:
4.2.1 Registration and Subscription:
Ayushman may offer one or more plans with different Features and Functionalities for Lab & Pharmacy with appropriate Registration and Subscription charges for using the Platform. Ayushman reserves the right to waive some of these charges for a limited period. If Lab & Pharmacy has chosen a plan with Subscription Charges, it will their responsibility to keep their account active by paying the charges before its expiry. Ayushman may keep the account in suspended state without removing any data created / uploaded by them for 30 days from expiry of the plan but deny access to such records till it is made active by paying the subscription. Ayushman reserves the right to delete all records created by them after the expiry of 30 days.
4.2.2 Service Charges of Lab: Ayushman does not influence or control charges for the Services offered by and Lab & Pharmacy and the same are solely decided by individual Service providers or Product suppliers.
4.3 Confidentiality:
4.3.1
Medical records of the Consumer
are private information of the Consumer.
Any requisition for investigation or medical prescription placed by
the Consumer
is strictly private and Lab
& Pharmacy
are given solely for the purpose of enabling them to provide highest
quality of professional Service. Lab
& Pharmacy
need to treat requisitions and reports strictly confidential at all
times. If any information needs to be shared with any authorized
personnel, it should strictly be on ‘need-to-know basis’ and in
the interest of providing full and better service to the
Consumer.
4.3.2
Lab
& Pharmacy
will ensure that his staff is made aware of the privacy involved in
medical practice and will not share the information with anyone not
connected with providing service to the Consumer.
4.4 Limitations of Liabilities
4.4.1
All the services provided by Ayushman
are technology based and using various Information Technology
services, which mainly depend upon availability of power and network
connectivity, and which are sometimes beyond the control of Ayushman.
The Lab
& Pharmacy
avail of the service provided by Platform
on
an ‘as-is’ basis and assumes all the risks involved for the
causes beyond Ayushman
’s control, with respect to any consequential damages arising out
of nature of service, non-availability of service like power, network
connectivity, any shortfall in completeness or loss of information
stored, or loss of accuracy.
4.4.2 Lab
& PHARMACY,
is an independent agent who provides services in his own individual
capacity. If it is proven beyond doubt that the Lab
& Pharmacy
did not provide promised services, Ayushman
can withhold payments of such deficient service in specific instances
and money collected for that transaction can be credited back to the
Consumer’s
account.
4.4.3 While Ayushman
will take every care to safeguard customer data, Ayushman
is not responsible for any accidental loss of data or service
discontinuity and Lab
& Pharmacy
agrees to indemnify Ayushman
against any and all consequential damages.
4.5 Settlement of Accounts:
4.5.1
Ayushman
follows a monthly cycle of accounts reconciliation. By 15th of the
following month, Ayushman
will credit all amounts due to individual Lab
in his bank account provided by him at the time of registration or
updated in his profile subsequently. A monthly statement will also be
mailed to his email Id. Any disputes must be raised within 15 days
from providing the monthly reconciliation statement.
4.5.2
Daily statements will be available in their account section updated
on daily basis.
4.6 Termination of Subscription:
4.6.1 The Subscription provided to the Lab & Pharmacy can be terminated by Ayushman at any time, if in the opinion of Ayushman, the Lab & Pharmacy is misusing Platform; not using Platform for genuine purpose or the Lab & Pharmacy is using Platform for commercial, illegal, immoral, or unethical purpose.