Terms By iLiOS Health
Terms of Service Agreement
Last updated: 17-Feb-22 ILIOS HEALTH PRIVATE LIMITED is a Private Limited Company “hereinafter referred to as “the Company / ILIOS HEALTH”, duly registered under the Company’s Act, 2013, which specializes in the coordination, organization and logistic support of professional services. The Company has created a Site named www.ilioshealth.com to enable Registered Medical Practitioner to provide telemedicine services. This Site is owned, hosted and maintained and created by ILIOS HEALTH which merely facilitates the interaction between its users/customers and Licensed and Registered Medical Practitioners through the Site.
2. APPLICABILITY OF TERMSThe Terms and Conditions Agreement applies to you if you are: 2.1 A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to avail the services provided by the Companies Site and all the Doctors/Medical Practitioners partnering and empanelled with the Company for providing the services on the Site, authorized associates of such practitioners or institutions (“Doctor /Health care Provider”, “you” or “User” as the context requires); Or 2.2 A patient, their guardian, relatives, representatives or affiliates, consulting with Healthcare Provider(s) through the Site (“Patient”, ‘Customer’, “End-User”, “you” or “User” as the context requires ); or 2.3 Otherwise a user of the Site (“you” or “User” as the context requires). This Agreement applies to the services made available by the Company on their Site.
- SCOPE OF SERVICES:
- PATIENT CONSENT
- DISCLAIMER OF CONTENT
- DISCLOSURES OF MEDICAL INFORMATION
- CANCELLATIONS AND REFUNDS
- You submitted a consultation / second opinion request on the Site, the Company has not responded to your query for a period of 7 days.
- A technical malfunction on the Site caused your opinion/ consultation request to not be submitted to the Site.
- The Site/ HCP has declined your consultation/ opinion request for any reason.
- In any other event of force majeure which makes it impossible for the company to perform and render the opinion
- In any other event/ circumstances the company decides that they are unable to fulfill the request of the user/ patient /customer.
9. MEDICAL ADVICEThe site and any related communication does not guarantee the accuracy or authenticity of the information. Use of any information appearing on the site is solely at the user’s own risk. The information and communication through the Site is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of a physician or other qualified Healthcare Provider with any questions the user may have regarding a medical condition. The Company or its representatives do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. The Site may contain health- or medical-related materials which the user may not like or may find unpleasant, then they may not want to use our Site. In no event will the Company be liable to the user or anyone else for any decision made or action taken by the user or anyone else on the basis of the information provided on the Site. No medical, legal or any other decision shall be based solely upon the information provided through this Site. Opinion rendered on www.ilioshealth.com is not intended to replace a physical visit to a Doctor at his/her clinic/hospital for a medical examination. If you think you may have a medical emergency, visit your Doctor/nearest Hospital or call emergency medical services immediately.
10. COMMUNICATIONS TO THE USERWhen you register on www.ilioshealth.com Site, our representative may communicate with you, including by sending information, correspondence, and notices to you. These communications may be sent via email, SMS (text message), push notification, or otherwise using contact information associated with your account, including information provided when you register or update information in your Account profile. These communications will not contain Personal Health Information. When the user signs up for our email newsletters they will receive additional promotional emails from the Company or our Sponsors, Partners and Associates. In order to subscribe to www.ilioshealth.com’s newsletters via email, we need the user’s contact information, like name and email address. You can opt out of promotional communications and control your communications preferences through your Account settings. If you experience difficulties with our automated unsubscribe service, please contact us and our Site www.ilioshealth.com will manually unsubscribe you from that newsletter. In some cases, when you click on a link or an advertisement on our Site, in an e-mail or newsletter, your browser may be momentarily directed to the Site of a third party which, acting on behalf of www.ilioshealth.com notes or “counts” your response to the e-mail or newsletter before re-directing your browser to your selected destination; this re-direction process may not be apparent to you.
- 11. YOUR ACCOUNT SECURITY AND PRIVACY
- INTERNATIONAL USERS CONSENT TO TERMS AND POLICIES
13. SPECIFIC TERMS FOR MEDICAL PRACTITIONERS13.1 www.ilioshealth.com for Doctors provides a platform to set up an online presence and use the Site to provide second opinion for established medical diagnosis to connect with patients, and help those in need of health and well-being advice. You, the Medical Practitioner/ Doctor, hereby represent and warrant that you will use the Site services of ours in accordance with applicable laws. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and the Company accepts no liability for the same. 13.2 The Doctor/ Medical Health Practitioner is solely responsible for the authenticity and validity of the information they provide on their respective online profiles on the Site. The Doctor/ Medical Health Practitioner agrees to provide appropriate Second Opinion with the required information during the verification checks at the time of registration or any other verification check done at a later date. The Doctor/ Medical Health Practitioner understands that the information provided on the Site, may be made available to the general public, users, customers and that they have no objection to the same. 13.3 The Doctor /Medical Healthcare Professional warrants that he/she is fully entitled under law to upload all content uploaded by him/her as part of his/her profile or otherwise while using the Site. He/She confirm that no such content breaches any third party rights, including intellectual property rights. The Company should be made aware of a breach of the foregoing representation, the Company shall be at liberty to modify or delete parts of such posted information at its sole discretion with or without any prior notifications given to the Doctor/ Medical Healthcare Practitioner. 13.4 If the Company determines that the Doctor/ Registered Medical Practitioner has provided inaccurate information or enabled fraudulent activity, the Company reserves the right to immediately suspend any accounts on the Site. The Company shall further be at liberty to make such declarations on the Site against such medical professional’s Name, profile and/or listing for the protection of our business and in the interests of Users. The Doctor/ Medical Practitioner shall be liable to indemnify the Company for any losses incurred as a result of their misrepresentations or fraudulent activity that has adversely affected the Companies reputation and/or its Users. 13.5 Registered Medical Practitioner/ Doctor is solely responsible for the interactions with users via the Site. As a Healthcare Provider, you agree to perform your services and fulfill your obligations towards your patient (user) to the best of your skills and ability. When any User contacts the doctor/ Registered Medical Practitioner via the Site only the assigned Doctor / Registered Medical Practitioner shall be allowed to perform the services for the User, and the Doctor / Registered Medical Practitioner may under no circumstances transfer the performance of their Services to any other person, whether under their supervision or not. The Doctor / Registered Medical Practitioner accepts all responsibility and liability for the use of the Site, including the performance of its services by any other party claiming to be the Doctor / Registered Medical Practitioner and agrees to indemnify the Company against any claim or loss that may be faced by the Company as a consequence of such use. The Company is not responsible for any incomplete or inaccurate information caused due to misscommunied. 13.7 Registered Medical Practitioner/ Doctor hereby agrees that he/she shall use the Site for the purpose specified in these Terms & Conditions and shall not use the Site for any unauthorized and unlawful purpose, including impersonating another person. The Doctor/ Medical Healthcare Professional shall promptly renew their licenses required to provide medical services and notify any updates or changes to their medical registration numbers and/or licenses. 13.8 The Registered Medical Practitioner/ Doctor confirms and warrants that they:
- Are qualified to provide medical services within the territory of India
- Have obtained all licenses as required by law to provide medical services and have not committed any act or omission that might prejudice its continuance or renewal
- Have provided on Site true, accurate, complete and up to date details about their qualification and credentials The Doctor/ Medical Healthcare Practitioner agrees that they shall abide by the applicable medical regulations including the code of professional ethics as prescribed under applicable laws, at all times.
- The Company is unable to verify or authenticate any information provided to it by the Doctor / Registered Medical Practitioner.
- Doctor / Registered Medical Practitioner in its sole and absolute discretion believes that actions of the Doctor / Registered Medical Practitioner may cause legal liability for the Company and/or other Users, and/or may adversely affect the services rendered by Company.
- PRESCRIBING MEDICINES
- Log/record of telemedicine interaction (e.g phone logs, email records, chat/text record, video interaction logs, etc)
- Patient records, reports, documents, images, diagnostics, data, etc. (Digital or non-digital) utilized in the telemedicine consultation should be retained by the Registered Medical Practitioner
- Record of medicine prescriptions made to the user in such form and manner as required for in-person consultation
- Identification of the copyrighted work that the user believes to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that the user believes to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- User’s name, address, telephone number and (if available) e-mail address.
- A statement that the user has a good faith belief that the complaint of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information the user has supplied is accurate, and indicating that “under penalty of perjury,” the user is the copyright owner or is authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
16. COPYRIGHTSInformation on the Site is for personal use & may not be sold or redistributed. To reprint or electronically reproduce any document or graphic in whole or in part for any reason is expressly prohibited, unless prior written consent is obtained from the Company. The Content is protected by copyright under both Indian and foreign laws. Title to the Content remains with the Company or its licensors. Any use of the Content not expressly permitted by these Terms & Conditions is a breach of these T&C and may violate copyright, trademark, and other laws. Content and features are subject to change or terminate without notice in the editorial discretion of the Company. All rights not expressly granted herein are reserved to the Company and its licensors. All content on this site including designs, text, graphics, pictures, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”) are the sole proprietary property of www.ilioshealth.com unless otherwise indicated. You do not have the right to modify, copy, perform, distribute, frame, reproduce, republish, upload, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, without prior written consent of the Company as they are protected under applicable copyright laws and treaty provisions (including but not limited to applicable intellectual property laws).
17. TRADEMARKSWe also own the names we use for our Site and services and these names are protected by trademark laws in India and internationally. Any use of our trademarks require our prior written approval.
19. USER CONDUCTUsers shall use the site for lawful purposes only. Users shall not post or transmit through this Site, any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable. Users shall not use this site to advertise or perform any commercial solicitation. The user also understands that the company cannot & does not guarantee or warrant that files available for downloading through the service will be free of infection or viruses, worms or other code that manifest contaminating or destructive properties. You may not access the Site for any benchmarking or competitive purposes such as monitoring its availability, performance or functionality. You may not resell, redistribute, or put to any commercial use, any content or information from this site.
20. USER LICENSEProvided that you are eligible for use of the Site, the Company hereby grants you a limited license to access and use the Site and the Site Content solely for your personal, non-commercial use. You may not republish Site Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Unauthorized use may violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated here, nothing in these Terms & Conditions shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice and with or without cause.
21. LINKING TO USUsually, we don’t mind if you have a simple link from your Site to ours. However, you must first ask our permission if you intend to frame our site or incorporate pieces of it into a different site or product in a way that is not clear to our users. You are not allowed to link to us if you engage in illegal, obscene, or offensive content, or if the link in any way has a negative impact on our reputation.
- LINKS TO OTHER SITES
23. LIMITATION OF LIABILITYThe use of this Site and the Content is at your own risk. The Company disclaims any & all liabilities arising directly or indirectly to anybody as a result of use of this Site, The Company shall not be liable for any damages whatsoever, and in particular the Company shall not be liable for any special, indirect, consequential, or incidental damages, or hurt caused to the user/customer or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the Services rendered on this Site, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if the Company has been advised of the possibility of such damages. However the Company’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the Site/ application content and services and/or for any breach of this agreement is solely limited to the amount you paid, for services hired/obtained via the Site/ application. The company will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the services in any manner, including liabilities resulting from (1) the use or the inability to use the Site/ application content or services; (2) the cost of procuring substitute services; (3) any services hired or obtained or transactions entered into through the Site/ application; or (4) any negligence/ lost profits you allege.
- DISCLAIMER OF WARRANTY
25. INDEMNITYThe REGISTERED MEDICAL PRACTITIONER agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Site/ application content or your use of the Site/ application content; (3) the Services or your use of the Services (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to the Company. In no event shall the Company and its parent organizations, subsidiaries and affiliates, and each of their directors, officers, agents, consultants, contractors, partners, employees, suppliers and sponsors be liable to you or any third person for any indirect, consequential, punitive, special, incidental or exemplary damages of any type or kind, including loss of data, revenue, profits, or other economic advantage, arising out of or in any way connected with the Site, including for any content obtained through the service, any error, omission, interruption, deletion, inaccuracy, defect, delay in operation or transmission, communications line failure, technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer equipment, software, failure or email or players on account of technical problems or traffic congestion on the internet or at the Site or combination thereof, even if the Company has been previously advised of such damages or has been previously advised of the possibility of such damages. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any user content or personal injury or death, resulting from anyone’s use of the site or any user content posted on or through the Site or transmitted to users, or any interaction between users of the Site, whether online or offline even if the Company has been previously advised of such damages or has been previously advised of the possibility of such damages. Company does not represent or warrant that software, content or materials on the site are accurate, complete, reliable, current or error-free or that the site or its servers, or any platform applications are free of viruses or other harmful components. The site and all content are provided to you strictly on an “as is” basis. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software from or through the site at your own discretion and risk and that you will be solely responsible for your use thereof and any injury or damage to your or to any person’s computer, or other hardware or software, related to or resulting from using or downloading materials in connection with the site, theft or destruction or unauthorized access to, or alteration of the site, loss of data or other harm of any kind that may result. The Site may be temporarily unavailable from time to time for maintenance or other reasons. When the Company is threatened with suit or sued by a third party, the Company may seek written assurances from you concerning your promise to indemnify the Company; your failure to provide such assurances may be considered by the Company to be a material breach of this Agreement. The Company will have the right to participate in any defense by you of a third-party claim related to your use of any of the Site content or Products, with counsel of the Company choice at its expense. The Company will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend the Company against any claim, but you must receive the Company prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Site or services.
- MEDICO – LEGAL USE
27. FORCE MAJEURECompany shall not be liable for any failure or unavailability of the site as a result of the loss or destruction of data, the deletion or corruption of storage media, power failures, unavailability of suppliers or any other event beyond its control.
28. INVALIDITYIf any one or more of the provisions contained in the T&C Agreement should be determined to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of the Agreement shall not in any way be affected or impaired thereby.
- CESSATION OF OPERATION.
- ENTIRE AGREEMENT.
- EFFECT OF WAIVER.
- GOVERNING LAW & JURISDICTION.
- STATUTE OF LIMITATION.
- WAIVER OF CLASS ACTION RIGHTS.
- DOMESTIC USE.