Terms By iLiOS Health

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.   

1. TERMS AND CONDITIONS (“TERMS”)

WE THANK YOU FOR VISITING www.ilioshealth.com (THIS “SITE”). PLEASE READ THE TERMS AND CONDITIONS AGREEMENT (“TERMS & CONDITION”) CAREFULLY BEFORE USING THIS SITE. BY USING AND/OR VISITING THIS SITE, YOU SIGNIFY YOUR ASSENT TO THE TERMS AND CONDITIONS AND THE PRIVACY POLICY PUBLISHED ON THIS SITE AND AGREE TO BE BOUND BY THEM.  This document ‘the Terms & Conditions’ is an agreement between you (the “User”/“Customer”) and ILIOS HEALTH PRIVATE LIMITED (“the Company”). It contains conditions you agree to follow when using our Site, including when you ask questions and while you view or input content on or into the Site. The Company’s Privacy Policy Statement is officially part of these T&C, and can be accessed here. This Agreement includes and incorporates, by this reference, the policies and guidelines referenced below.  1.1 RIGHT TO CHANGE THE TERMS OF CONDITIONS  The Company reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Site. The Company shall update the changes or revisions made (if any) by indicating on the top of this Agreement the date it was last revised/ modified. The modified or revised Agreement will be effective immediately after it is posted on this Site. Your use of the Site following such update or revised Agreement will constitute your acceptance of any such changes or revisions. The Company encourages you to review this Agreement whenever you visit the Site to make sure that you understand the terms and conditions governing use of the Site. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have executed with the Company for any other services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Site. When you register on the Site you verify that you have read and you agree with the Terms & Conditions as well as the Privacy Policy of this Site. 1.2 LEGAL DOCUMENT  The following Terms and Conditions and the Privacy Policy together constitute a legal agreement between you – the “user” – and the Company for the purposes of availing the services of online medical consultation and other specialized services (“telemedicine services”) provided by the Company. These Terms and Conditions set forth the provisions under which the Client may use and procure the services provided by the Company. These general terms and conditions shall apply to consumers as defined in the Consumer Protection Act, 2019 as well as to customers concluding this agreement as entrepreneurs.

2. APPLICABILITY OF TERMS

The 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.

3. SCOPE OF SERVICES:

3.1 The Company provides an online platform for seeking medical consultation for obtaining a second opinion on the available Clinical details, care details, inputs/documents/report from Registered Medical Practitioner. The purpose of the service provided through this Site is to give physicians and patient / users access to additional information which they may or may not choose to utilize in planning treatment and medical care.  A second opinion is a medical process wherein the primary physician’s diagnosis and/or treatment plans are reviewed by another specialist/ expert or a group of specialists/ experts. Going for a second opinion on the available diagnosis before proceeding with the treatment could make a huge difference. The purpose of this Agreement is to set forth the terms and conditions under which the client/ patient will obtain the services from the Company through the Site. 3.2 Only the patient/user, with input of details from his / her health care provider / doctor, primary care Physician / treating physician can decide if the services would be beneficial to their medical treatment. Ask your treating doctor / physician if your diagnosis and / or treatment protocol may benefit from the input of the Company’s consulting physicians / medical health practitioner. All the evaluated observations provided through the Site are based on medical reports / records/ test report / radiographs / images, and or other data provided by the patient or user on the Site, and should not be considered to be determinative of the treatment to be pursued by the treating physician in any manner. By deciding to avail the services provided by the Company on this Site, you acknowledge and agree that you are aware of this limitation and agree to assume the risk of this limitation.   3.3 The user shall be provided with an option to select his preference of Medical Professional, subject to the availability and/or willingness of the Medical Professional to offer his/her opinion. The user shall not have any right to seek Medical Opinion from a particular Registered Medical Practitioner. A user shall be allotted to Registered Medical Practitioner on the basis of the details of medical conditions submitted by the user and the nature of diagnosis sought by such user. 3.4 The Company provides Second opinion with respect to the ailments and proper/appropriate course of treatment on the basis of the information provided by such user/patient on the Site including but is not limited to patient details/healthcare history/important events, prior investigation, hospital record, previous prescription, etc. If found necessary by the Registered Medical Practitioner, such information can be supplemented through conversation with a healthcare worker/provider by any manner supported by technology based tools. If the Registered Medical Practitioner feels that the information received is inadequate, then he/she can request for additional information from the patient. This information may be shared in realtime or shared later via email/text, as per the nature of such information. For example, an Registered Medical Practitioner may advise some laboratory and/or radiological tests to the patient. In such instances, the consult may be considered paused and can be resumed at a scheduled time. A Registered Medical Practitioner may provide health education as appropriate at any time. It is made clear that since such a second opinion is being offered through an online portal, physical examination of any sort is not possible and any opinion rendered is only on the basis of documents provided. 3.5 The process of registration of users/patients is provided with these terms as Annexure – A. The process shall also be available on the Site for ease of access to the users. 3.6 Based on the requirement of the user, the Registered Medical Practitioner may, at his/her own discretion, arrange for conduct of any necessary or  further tests that such Practitioner deems appropriate. You may, at your sole discretion, accept the arrangement or recommendation of the Medical Practitioner. It is made clear that the Company shall not be held liable for any decision taken by either the Registered Medical Practitioner or the patient.  3.7 In carrying out the Services, Company undertakes to the Customer/ user that it shall use its reasonable endeavors to provide the Services in accordance with the specific requirements and within the time period agreed between the Parties and at all times exercising reasonable skill and care.  3.8 At any point of time, only User/ Customer who are specifically mentioned in the Agreement or registration form are eligible for availing services offered on the Site. The Service Provider will provide services only to the email address which has been registered on the Site of the Company or the address specifically agreed between the Parties.  3.9 In the event that the User/ Customer wants more than one opinion from different departments/ branches of medicine for the available diagnosis, each opinion shall be subject to  separate charges. Any additional requests may be entertained solely at the discretion of the Company.  3.10 The Company reserves the right to not operate during public holidays and busy holidays.  3.11 Verification of Medical Practitioners / Doctors: While the Company takes steps to verify the medical registration of the doctors using our platform to provide their services, we make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided by the medical practitioners on their profiles. The Company does not recommend or endorse any specific Doctor and/or Medical Practitioner that may be mentioned on the 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 basis of the information provided on the Site. No medical, legal or any other decision shall be based solely upon the information provided through the Site. 3.12 Doctor-Patient Relationship: While our online platform supports Doctor-Patient relationships, we do not create nor are responsible for doctor-patient relationships. During your use of our Site services, you may come across and/or receive content – text, data, graphics, images, information, suggestions, guidance, and other material – including information provided in response to your particular query . However, the provision or exchange of such information does not create a licensed doctor-patient relationship, between the Company and you. 3.13 Any information about drugs, including generic drugs and vaccines, treatment guidelines contained in the Site is general in nature and is intended for use as an informational aid. It does not cover all possible uses, actions, precautions, side effects, or interactions of these medicines, nor is the information intended as medical advice for individual problems or for making an evaluation as to the risks & benefits of taking a particular drug. All such actions should be taken only under the advice and guidance of a qualified medical professional/ primary treating physician.

4. PATIENT CONSENT

Patient consent is necessary for any telemedicine consultation. The consent may be implied or explicit in the following circumstances: 4.1 If the patient initiates the telemedicine consultation, the consent is implied. 4.2 An explicit patient consent is needed if a healthcare worker, Registered Medical Practitioner or a caregiver initiates a telemedicine consultation. 4.3 Explicit consent can be recorded in any form or manner. Patient can send an email, text or audio/video message. Patient can state his/her intent on phone/video to the Registered Medical Practitioner (e.g. “Yes, I consent to avail consultation via telemedicine” or any such communication in simple words). The Registered Medical Practitioner must record such consent in his patient records.

5. DISCLAIMER OF CONTENT

5.1 Medical services provided through this Site are anticipated to be remote diagnostic consultations and Second opinions. Medical practitioners providing services using a remote connection do not have the same type or amount of information that would normally be available during an in-person visit with the patient. There are important aspects of the practice of medicine that sometimes require a physician to personally examine and observe the condition of the patient. A Medical Practitioner that cannot visit with you personally may not be aware of important facts that are only obtainable in an in-person visit, and any diagnosis made through remote observation is limited by the nature and amount of information available to the Physician. You acknowledge that you understand the limitations of the remote diagnostic and treatment options provided by this Site, and you agree that you assume the risk of the limitations. In order to get the most of the services provided by the Site it is strongly suggested that you discuss any consultation or second opinion with your primary care physician as well. By using services provided on this Site, and availing the services provided on this Site, you understand and agree that: 5.2 The Services you receive through the Site are limited, and not intended to replace a full medical examination through an in-person visit with a Physician/ Medical Practitioner. Due to the online platform used by physicians the services are limited, and the physician does not have the same amount or type of information that can be gained through an in-person physical examination, and that this information may be important to the services provided.  5.3 The services you receive are limited by the nature of information provided to the consulting physician in any case managed through the Site. Any diagnosis or services you receive through the Site are LIMITED AND PROVISIONAL. The lack of an in-person physical examination may prevent the physician from gaining information that is important for the diagnosis of the medical issues.  5.4 If you engage in the services provided on the Site, you agree that you assume the risk of these limitations, and you understand that no warranty or guarantee has been made to you regarding the success of your treatment or the results of the services provided on this Site by the empanelled Medical Practitioners. 5.5 While the Company attempts to keep all information on this site up to date, available medical treatments and knowledge change quickly, and this site should not be considered error – free or as a comprehensive source of all information on a particular topic. The Company makes no warranties or representations as to the accuracy of the content on this site, and assumes no responsibilities for any consequences relating directly or in-directly to any action or inaction you may take based upon the information, opinion and materials from this Site. Any videos, articles, views expressed herein are for  illustrative purposes only and cannot be taken for medical advice.  Your use of this site is subject to additional disclaimers and caveats that may appear throughout these terms and conditions and the Site. You acknowledge the risks and limitations associated with the usage of this site.  5.6 If you are a patient / user, you should not use the information found on this Site to replace any diagnosis or treatment received from your primary healthcare provider. 5.7 Certain information available on this site about health is provided by third parties which has not been reviewed and the Company does not endorse any information for products or services listed by the third parties. 5.8 Some information on this website may create an unreasonable risk for readers who choose to apply or use the information in their own activities or to promote the information for use by third parties. None of the authors, contributors, administrators, doctors, consultants or anyone else connected with this website in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages. Please take all steps necessary to ascertain that information you receive from www.ilios. health is correct and has been verified. Check the references at the end of the article. Read the article’s talk page and revision history to see if there are outstanding disputes over the contents of the article. Double-check all information with independent sources.

6. DISCLOSURES OF MEDICAL INFORMATION

The Company takes seriously the privacy of your medical records and personal information. Accordingly we have taken all necessary reasonable caution to protect the confidentiality of the same in accordance with the applicable laws. In addition, you authorize the company and its Doctors / Physicians / Medical Healthcare Practitioners, Employees, Business Associates and its Agents to access, review, research, analyze, discuss and copy your medical or personal information as may be necessary to provide the necessary second opinion. The use of medical information exchanged between you and a Registered Medical Practitioner will not exceed this stated purpose, unless and until you authorized and direct such additional disclosures. All information and documents uploaded by you on the Site and/or shared by you with the Registered Medical Practitioner shall be stored on the cloud database of the www.ilioshealth.com for a period not exceeding 3 years from the date of conclusion of consultation with Registered Medical Practitioner.

7. PAYMENTS

www.ilioshealth.com is a platform that allows you to connect with and consult with your specialist doctor(s) and/or HCPs. Your doctor may have a fee associated with the opinions/ consultations they provide you on the Site. The Site provides a payment service to collect the fees from you on behalf of the Medical Practitioner/ Doctor/ Consultant. Your payment is processed through secure third-party payment gateway services. When you use the Site or other paid services provided via our Site, you understand that the Site will collect payment for such services from you on behalf of the Registered Medical Practitioner providing you the respective services. You acknowledge that the Site or the Company is not liable for the treatment or advice/ opinion given and cannot be held liable. You may decide to avail paid services through our Site. Completion of payment for such services is your responsibility and can be executed through different means – including (but not limited to) credit and debit cards, third-party payment services and gateway. You are responsible for providing valid payment information (for any of the payment means including but not limited to those mentioned above) at the time you purchase any services. You represent and warrant that you are an authorized user of such payment means, and you agree to pay all charges resulting from your transaction at the fees/charges then in effect. You agree that the Company may pass your payment information (e.g credit card) and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized. The ultimate responsibility of payment lies with the purchaser of the services. The charges for any services may attract taxes, cess or any other charges as levied by competent authorities in a given region. These additional charges will be borne by the purchaser and will be paid at the time of purchase. The Company reserves the right to modify or terminate the Agreement, change prices, or institute new charges for any service at any time, with at least thirty (30) days’ notice where applicable to existing customers.

8. CANCELLATIONS AND REFUNDS

Under certain circumstances, you may be able to cancel a transaction on this Site and be eligible for a full refund of your payment, including when:

1. You submitted a consultation / second opinion request on the Site, the Company has not responded to your query for a period of 7 days.
2. A technical malfunction on the Site caused your opinion/ consultation request to not be submitted to the Site.
3. The Site/ HCP has declined your consultation/ opinion request for any reason.
4. In any other event of force majeure which makes it impossible for the company to perform and render the opinion
5. In any other event/ circumstances the company decides that they are unable to fulfill the request of the user/ patient /customer.

9. MEDICAL ADVICE

The 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 USER

When 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. 11. YOUR ACCOUNT SECURITY AND PRIVACY

Accurate and complete registration information is required to use Site. You, the user, are responsible for maintaining the confidentiality of your account access information and password. You are responsible for the security of your passwords and for any use of your account. You must immediately notify the company of any unauthorized use of your password or account. You are not permitted to allow any other person or entity to use your identity for using any of our Sites through your identity. You may add dependents to your account on the Site. To send us an email, use the “Contact Us”/Support/feedback links located on our Site. You grant the Company and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Site tools and services.

12. INTERNATIONAL USERS CONSENT TO TERMS AND POLICIES

Registered Users and Visitors access our Content and Services on their own initiative and are responsible for compliance with local laws. We make no claim that Services are appropriate or may be effective outside India. Personal information (“Information”) that is submitted to Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable law and our Privacy Policy. If you are a non-Indian member, you acknowledge and agree that www.ilioshealth.com may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your residential jurisdiction. Indian law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in these T&C and Privacy Policy. If you do not consent to such transfer, you may not use our Site. The product information provided on www.ilioshealth.com is presently intended only for residents of India, and may have different disclosure requirements in different countries.

13. SPECIFIC TERMS FOR MEDICAL PRACTITIONERS

13.1 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:

1. Are qualified to provide medical services within the territory of India
2. 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
3. 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.

13.9 The Doctor / Registered Medical Practitioner agrees to hold all information provided by a User to them in strictest confidence, under all circumstances. Doctor / Registered Medical Practitioner  agrees that they shall not disclose any information or documentation provided by a User to any other person unless the same is required to be so shared for compliance of any law or any order of any Court of law, nor shall they allow, by act or omission, such information or documentation to be acquired by any other person. 13.10 The Company reserves the right to terminate any account of Doctor / Registered Medical Practitioner on the Site including when:

1. The Doctor / Registered Medical Practitioner breaches any terms as listed in the Terms & Conditions, the Agreement between the company and Doctor / Registered Medical Practitioner, and/or privacy policy or applicable laws.
2. The Company is unable to verify or authenticate any information provided to it by the Doctor / Registered Medical Practitioner.
3. 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.

14. PRESCRIBING MEDICINES

Prescribing medications via telemedicine consultation is at the professional discretion of the Registered Medical Practitioner. It entails the same professional accountability as in the traditional in-person consult. If a medical condition requires a particular protocol to diagnose and prescribe as in a case of in-person consult then the same prevailing principle will be applicable to the telemedicine consult. The Registered Medical Practitioner may prescribe medicines via telemedicine ONLY, When the Registered Medical 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. Prescribing medicines without an appropriate diagnosis/provisional diagnosis will amount to professional misconduct and the Company is not responsible for such prescription and shall lie solely with the Registered Medical Practitioner. 14.1 Specific Restrictions There are certain limitations on prescribing medicines on consultation via telemedicine depending upon the type and mode of consultation. The categories of medicines that can be prescribed via this Site will be notified by the Central Government from time to time.  14.2 Issuance and Transit of Prescription If the Registered Medical Practitioner has prescribed medicines, Registered Medical Practitioner shall issue appropriate prescription as per the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations and shall not contravene any provisions of the Drugs and Cosmetics Act and the Rules made there under. 14.3 Maintenance of digital Trail/Documentation of Consultation It shall be incumbent upon the Registered Medical Practitioner to maintain the following records/documents for a period of 3 years from the date of conclusion of diagnosis, subsequent to which the same shall be disposed off in accordance with the terms of the Company:

• 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

14.4 All consultation offered by the Registered Medical Practitioner shall be in strict compliance of the Telemedicine Practice Guidelines dated 25.03.2020 issued by the Board of Governors, Indian Medical Council and any subsequent amendments/modifications thereto.

15.     ACKNOWLEDGEMENTS

We have attempted to provide acknowledgement of sources as references for text, but there is likelihood that several acknowledgements are not mentioned. The Company is certainly willing to correct omissions of citations & encourage our readers to email us with further information regarding the sources. If the user believes that any materials accessible on or is from the site that infringe their copyright, they may request removal of those materials (or access thereto) from the site by contacting support@ilioshealth.com and providing the following information:

• 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.

In an effort to protect the rights of copyright Owners, Company maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

16. COPYRIGHTS

Information 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. TRADEMARKS

We 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.

18. USER PROFILE AND PRIVACY POLICY

Our site’s registration and query requires users to give us personal information such as their name, email and demographic information such as their address and telephone number. The user’s personal information is used to contact the user as and when necessary. This personal information also allows us to inform the users about updates to the service and further additions on this site. We collect personal information from user when they register on the site, or when they submit a query to us. We maintain this information as private to the best of our ability.

19. USER CONDUCT

Users 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 LICENSE

Provided 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 US

Usually, 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.

22. LINKS TO OTHER SITES

Our site may contain links to third party sites that are not owned or controlled by the Company. These terms do not apply to such third party sites. The links to third party sites are operated by entities that are outside the Company’s influence and control. You understand and acknowledge that the company does not control, endorse or accept responsibility for any content / services / products offered through these sites accessible to links or Site. The Company makes no representation or warranty about any such party, their contents, products or services and any access made to this site or dealing with those entities are at your own risk 

23. LIMITATION OF LIABILITY

The 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.

24. DISCLAIMER OF WARRANTY

The Company makes no warranty that (i) The service will meet the requirements of the Client and/or the Member, (ii) the Service will be uninterrupted and timely (iii) the results that may be obtained from the use of the Service will be accurate or reliable. No guarantees have been made regarding the outcome of the care and under no circumstance can the Company be held responsible for the same. The company makes no representations or warranty of any kind, express or implied, regarding the use or functionality of this site or regarding the services provided herein. The content contained in this site is provided “as is” and “with all faults” and to the police extent permissible by the applicable law. The company disclaims all warranties expressed or implied, including but  not limited to implied warranties of merchantability, fitness for a particular purpose, treatment title and all infringement.   

25. INDEMNITY

The 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.

26. MEDICO – LEGAL USE

You agree and accept that the opinions provided through this site are based on medical reports / records / test report / radiography and the information received from the user / patient and in no way constitute the determinative of the treatment to be pursued by the treating physician. You also agreed that the opinion obtained from this site will not be used in any legal dispute including but not limited to litigation, arbitration, claims, benefits or any claim for disability workmen compensation and all medical negligence claims without prior written consent of the Company. 

27. FORCE MAJEURE

Company 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. INVALIDITY

If 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.

29. CESSATION OF OPERATION.

The Company may at any time, in its sole discretion and without advance notice to you, cease operation of the Site and distribution of the Products.

30. ENTIRE AGREEMENT.

This Agreement comprises the entire agreement between you and the Company and supersedes any prior agreements pertaining to the subject matter contained herein.

31. EFFECT OF WAIVER.

The failure of the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

32. GOVERNING LAW & JURISDICTION.

This Site/ Application originates from Jaipur, Rajasthan. This Agreement will be governed by the laws of India without regard to its conflict of law principles to the contrary. Neither you nor the Company will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Jaipur, Rajasthan. By using this Site/ application or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

33. STATUTE OF LIMITATION.

 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site/ application or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

33. WAIVER OF CLASS ACTION RIGHTS.

By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.

34. TERMINATION

The Company reserves the right to terminate your access to the Site/ Application if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Site/ Application and the Company may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Services. If your access to the Site/ Application is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Site/ Application. This Agreement will survive indefinitely unless and until the Company chooses, in its sole discretion and without advance to you, to terminate it.

35. DOMESTIC USE.

The Company makes no Representation that the Site/ Application or Products are appropriate or available for use in locations outside India. Users who access the Site/ Application from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

36. ASSIGNMENT.

You may not assign your rights and obligations under this Agreement to anyone. The Company may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you. BY USING THIS SITE OR HIRING SERVICES FROM THIS SITE/ APPLICATION YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

37. CONTACT:

If you have any questions about these Terms, please feel free to contact us at hello@ilioshealth.com. I state that I have read and understood the Terms and Conditions as contained here in above and I agree to be bound by the same.