TERMS AND CONDITIONS FOR TELEMEDICINE SERVICES

Dr. Agarwal’s Eye Hospital is offering online consultations with its doctors (registered medical practitioners under the Indian Medical Council Act, 1956 and hereinafter referred to as “Medical Practitioner”) by way of arranged through its website(“Telemedicine Services”). To avail such Telemedicine Services, patients are to register themselves and schedule an appointment by following the registration, consent and scheduling process by clicking the link provided here~ (“Registration Process”).

The Telemedicine Services available on the Website do not in any way constitute an invitation or recommendation to avail such services. The Telemedicine Services provided through the Website are not intended in any way to be a substitute toin-person consultation with a Medical Practitioner, as Telemedicine Services have certain inherent and intrinsic limitations. We advise and request you, the users, to make independent assessment in respect of accuracy, usefulness and suitability of the Telemedicine Services prior to making any decision to rely on such Telemedicine Services.

This document contains all the terms and conditions applicable to, and governing, the provision of Telemedicine Services by the relevant Dr. Agarwal’s entity, i.e., Dr. Agarwal’s Health Care Limited, Dr. Agarwal’s Eye Hospital Limited, Orbit Healthcare Services (Mauritius) Limited or Orbit Healthcare Services International Operations Limited, as the case may be, and the relevant Medical Practitioner to you, including the terms and conditions applicable to booking of an appointment, cancellations, refund and all other transactions in connection with Telemedicine Services(“Telemedicine Terms and Conditions”).[Use of the Dr. Agarwal’s Eye Hospital’s website [https://www.dragarwal.com/] (“Website”) for the purposes of Telemedicine Services is regulated by these Telemedicine Terms and Conditions read with the terms of use provided at [https://www.dragarwal.com/terms-of-use/ (“Terms of Use”) and the privacy policy provided at [https://www.dragarwal.com/privacy-policy/] (“Privacy Policy”).

For the purpose of these Telemedicine Terms and Conditions, wherever the context so requires;(i) “we” or “us” means the relevant Dr. Agarwal’s entity, i.e., Dr. Agarwal’s Health Care Limited, Dr. Agarwal’s Eye Hospital Limited, Orbit Healthcare Services (Mauritius) Limited, Orbit Healthcare Services International Operations Limited or such other entity, as the case may be, in each case, including the successors, successors-in-interest, liquidators, administrators and assigns of such entities, and the relevant Medical Practitioner; and (ii) “you” means: (a)the relevant patient, or (b) user of the Website, both registered or unregistered, whether browsing through the Website or availing any of the Telemedicine Services available on the Website, in each case, including his / her legal heirs, administrators and executors. Correlative terms such as “our” and “your” will be construed in accordance with these definitions.

Your visit, access, reliance on and usage of the Website and, or, scheduling or availing any of the Telemedicine Services will be treated as your unconditional acceptance of these Telemedicine Terms and Conditions, Terms of Use and Privacy Policy in their entirety. These Telemedicine Terms and Conditions read with the Terms of Use and Privacy Policy together constitute legally binding and enforceable agreement between you and us (“Agreement”). This Agreement is published in compliance of, and is governed by the provisions of the laws of India, including but not limited to the Indian Contract Act, 1872, and the (Indian) Information Technology Act, 2000, as amended from time to time.

In this Agreement, “you” and “us” may be referred to collectively as “Parties” and individually as a “Party”.

  1. Eligibility
    • You must be 18 (eighteen) years of age or older to register for, and, or, use, Telemedicine Services.
    • Telemedicine Services are available for use for children / minors, but the registered member for all patients under the age of 18 (eighteen) must be the patient’s parent or legal guardian who has custody over the relevant minor and are in each case legally permitted to provide appropriate consent for Telemedicine Services or other medical services to be rendered to the relevant minor. If you register as the parent or legal guardian on behalf of a minor, you are fully responsible for complying with this Agreement. In case of a minor, use of the Telemedicine Services will only be permitted if such a minor is accompanied by the relevant adult who undertook the registration on behalf of such a minor, during the entire process of provisioning of the Telemedicine Services to the relevant minor. Only parents and other persons permitted under applicable law to have legal custody over the relevant minor and legally permitted to provide appropriate consent for Telemedicine Services or other medical services to be rendered to the relevant minor can undertake a registration on behalf of the relevant minor.
  2. Consent
    • You acknowledge and agree that, by following the Registration Process, you provide your explicit consent to avail the Telemedicine Services. The consent provided as part of the Registration Process is unconditional, irrevocable and will form the basis for us providing you the Telemedicine Services, and will also form a part of your medical records.
    • You acknowledge and agree that by availing any Telemedicine Services, you unconditionally and irrevocably provide your consent for us or our representatives to contact you by telephone, text message or any other mode of communication in relation to the Telemedicine Services availed, as well as for promotion of our services and products, notwithstanding the fact that such telephone number may be registered with a ‘do not disturb’/ ‘do not contact’ registry.
  3. Availability and Scheduling of Telemedicine Services
    • The Telemedicine Services will be available across all specialties and will be rendered through specified Medical Practitioners, who will be chosen by us based on their specialization, your language preference and the availability and willingness of the relevant Medical Practitioner to provide Telemedicine Services.
    • If you are an existing patient, you have the option to, at the time of scheduling the appointment, request for a specific Medical Practitioner who has provided you medical services in the past. However, consultation from a specific Medical Practitioner is subject to the availability and willingness of the relevant Medical Practitioner to provide you such medical service and is at the sole discretion of the Medical Practitioner. If you are availing services from us for the first time, or if you have not availed services from us for 6 (six) months or more prior to the date of availing Telemedicine Services, or if you are consulting the same Medical Practitioner for a different ailment, your consultation will be deemed to be the first consultation. Thereafter any consultation within 6 (six) months of the previous consultation will be deemed to be a follow-up consultation if it is for the same health condition.
    • Confirmation of your appointment with a specific Medical Practitioner, as per availability, will be sent to you via SMS and, or, email to your registered mobile number or email address, as the case may be. We reserve the right to reschedule or cancel an appointment without any prior notice. The time provided for availing Telemedicine Services is indicative and the actual time may change depending on the Medical Practitioner’s discretion / availability and you will be notified of such change via SMS and, or, email to your registered mobile number or email address, as the case may be.
    • The Medical Practitioner is entitled to, at his / her sole discretion, take a decision based on the information provided by you, and either prior to or at the time of availing the Telemedicine Services, that the relevant medical services will not be provided through online consultation and may choose not to proceed with rendering the Telemedicine Service at any point in time and suggest an in-person consultation.
    • At any stage, you have the right to choose to discontinue the Telemedicine Services but refunds, if any, will be processed only in accordance with the provisions of clause 6 of this Agreement.
    • [You are entitled to reschedule or cancel your scheduled appointment for the Telemedicine Services, within the time limits stipulated below and by following the process set out in the registration page. Cancellations and rescheduling of appointment is to the relevant cancellation and rescheduling fees mentioned below. Further, any and all refunds are subject to the conditions set out below:
  4. Information and Documents
    • Please provide your language preference, along with all relevant information such as medical, health and personal information, at the time of completing the Registration Process, along with relevant documents in support thereof. Such information will include your details, including contact details, medical / case history, test / investigation reports, prescriptions, existing patient ID (if any) and other relevant details.
    • You are solely responsible for all information and documents provided by you to us, whether by uploading it on the Website or otherwise, including all medical, health and personal information. You agree and undertake that you will ensure all information and documents provided by you are true and correct in all respects. The Telemedicine Services and any other medical services provided by us will depend upon the information you provide to us.
    • If the information or documents provided by you are, or if we reasonably perceive such information or documents to be, false, deceptive, inaccurate or misleading, we reserve the right to cancel your appointment, without giving any reasons and without assuming any liability whatsoever. You are solely responsible for ensuring that all relevant and accurate information and documents are uploaded at the time of the Registration Process.
    • We reserve the right to verify, without assuming any obligation or responsibility to do so, all information and documents submitted by you, including your age and identity and asking for such additional information and documents as we deem necessary in our sole discretion to verify your name, age, address, email address, phone number, medical / case history or any other relevant details, and you hereby acknowledge and agree that you will provide all such additional information and documents required by us promptly by uploading the same on the Website. In case of delay in uploading such additional information and documents required by us, we reserve the right to cancel your appointment, without giving any reasons and without assuming any liability whatsoever.
  5. Scope and limitation of Telemedicine Services, Equipment and Connectivity
    • Telemedicine Services are not intended to replace in-person consultation with the Medical Practitioner. Telemedicine Services will be rendered subject solely to the professional judgment and discretion of the Medical Practitioner. The Telemedicine Services will be provided by the relevant Medical Practitioner through

      , using suitable mobile application or internet based digital platforms, including third party platforms such as WhatsApp, Facebook Messenger or Skype. If the Medical Practitioner providing you Telemedicine Services does not inform you about his/her name and qualifications, please ask for all such details prior to the start of the consultation.

    • We reserve the right to record all interactions between you and the relevant Medical Practitioner(including video interaction logs, email records, chat/ text record, etc.), and maintain logs and records of such interaction. We will maintain all patient records including case history, investigation reports, images, etc. As we deem appropriate in our sole discretion.
    • Telemedicine Services are not meant to be availed for any emergency conditions. In such cases, you are advised to physically visit the nearest hospital. In the event you consult a Medical Practitioner by availing Telemedicine Services for an emergency condition, such Medical Practitioner may only provide opinions limited to first aid, other temporary measures, counseling and advice of referral to any other medical practitioner, including advising an in-person visit to such medical practitioner or the nearest hospital.
    • The professional judgment of a Medical Practitioner is the guiding principle for all Telemedicine Services. A Medical Practitioner is reasonably well positioned to decide whether a technology based consultation is sufficient or an in-person review is needed, based on the circumstances and information provided. The Medical Practitioner will use his / her best judgment to prescribe medicines to you, as applicable, pursuant to providing your age and other details as may be required. However, the Medical Practitioner will not prescribe drugs which he cannot prescribe as per applicable laws through online consultations. A scanned copy of the prescription will be shared with you via SMS and, or, email to your registered mobile number or email address, as the case may be, and we are not held liable for any issues arising out of any such prescription. You may also collect the original prescription from us if required, or the same may be posted to your registered address, on your request and your cost.
    • You are responsible for arrangement of such equipment as required for the relevant Telemedicine Service to be availed by you. In case of inadequate equipment or a technical error / defective internet connection, we reserve the right to reschedule or cancel the appointment without any notice.
    • You acknowledge and agree that interactions throughhas certain inherent and intrinsic limitations, which may have an impact on the treatment prescribed by the Medical Practitioner. Such limitations include insufficient quality of information transmitted, delays in evaluation that could occur due to failure of the electronic equipment, lack of access to all medical records resulting in adverse drug reactions or allergic reactions or other judgment errors. You acknowledge and agree that there will not be any physical examination involved while providing Telemedicine Services and such services will be provided remotely. The opinion delivered by the Medical Practitioner will be solely be based on the verbal communication between you and the Medical Practitioner and the test reports and other information provided by you to us. While there is no physical examination involved while providing Telemedicine Services, if a physical examination is deemed critical by the relevant Medical Practitioner for a proper consultation, the Medical Practitioner may not proceed with the online consolation and may request for a physical examination to be arranged through an in-person consultation.
  6. Payments and Refunds
    • [You are required to make payment of the consultation charges for the Telemedicine Services through the Website prior to such Telemedicine Services being provided to you. We offer you online mode of payment. You may use internet banking or debit/credit card for making payment of the consultation charges. An invoice for the fee paid will be sent to you via SMS and, or, email to your registered mobile number or email address, as the case may be. The Website has suitable facilities for receiving online payments through third party gateways. You will be directed to a third party gateway to enable the processing of the payment. All payment related transactions are governed by the terms and conditions and privacy policy of the relevant third party payment gateway.]
    • While availing any of the payment methods available on the Website, we are not be responsible for, or assume any liability whatsoever in respect of, any loss or damage arising directly or indirectly to you due to: (i) lack of authorization for any transaction, (ii) exceeding the preset limit mutually agreed by you and between the relevant bank, (iii) any payment issues arising out of the transaction, or (iv) any transaction being declined or notbeing completed or unable to be completed for any other reason; (v) any failure on part of the bank or the credit card, or the third party site or agency to perform any of its obligations; (vi) any loss or damage arising directly or indirectly out of the decline or acceptance of authorization for any transaction, for any reason whatsoever; or (viii) incorrect or inaccurate bank, credit / debit card details provided by you.
    • You have the option to reschedule or cancel a booked appointment for availing Telemedicine Services, in accordance with the terms and conditions specified in the refunds and cancellations provision set out in clause 5 above. All rescheduling, cancellations and refunds will be proceeded with, based on a request made by you [by clicking on the cancellation button provided in the your user dashboard in your account] or through an email sent by you to [[email protected]], in each case, prior to the commencement of the relevant online consultation session. Refunds will be provided based on the genuineness of such request and our ability to track such request and cancel the appointment with the relevant Medial Practitioner. You are not entitled to make refund requests against delays, nature of advice obtained, efficacy of treatment prescribed or health outcomes pursuant to availing Telemedicine Services. Refunds will be processed within [Insert time period working days from the receipt of a request from you.
    • We reserve our right to modify or implement new pricing structures at any time prior to completion of billing or for future payments.
  7. Privacy and Security
    • The information and documents provided by you, including your medical, health and personal information can be retained by us without any limitation and can be used for: (i) the purpose of providing medical services to you, including Telemedicine Services, (ii) analysis, research and training purposes, (iii) disclosure to our affiliates, agents and government authorities, and (iv) for such other purposes as we deem fit in our sole discretion, provided such use is without revealing your identity.
    • We use secure encryption technology to keep your information safe and secured at all time and we are committed towards maintaining the privacy of the information uploaded by you on the Website, which complies with the industry standard security safeguards for the purpose of securing the Website and the information provided by you.
    • We uses all reasonable endeavors to ensure the integrity and security of the Website and the online payment facility provided on the Website. Despite our endeavors, breaches of security and confidentiality could occur. You acknowledge that we are not liable for any loss suffered by you as a result of any breaches in security or technology breaches.
  8. [Cookies

The Website uses “cookies”. Cookies are small data files that a website stores on your web browser. These are used for the purpose of storing your preferences, previous browsing activities, profiling and tracking your behavior on the website. By visiting the Website you acknowledge, accept and expressly authorize us for the placement of cookies on your web browser.

  1. Intellectual Property Rights

We own the Dr. Agarwal’s Eye Hospital brand name and the Website, as well as all intellectual property rights contained on the Website, including all trademarks, trade names, tag lines, logos, programs, processes, designs, software, technologies, inventions and materials therein and all the services offered by the Medical Practitioners on the Website. You are not permitted to use the content available on the Website without our prior written permission.

  1. Representations and Warranties

You represent and warrant to us that: (i) you have the full legal right, power and authority to enter into, deliver and perform this Agreement, and that you will observe and perform, duly and punctually, its obligations, covenants, terms, conditions and undertakings hereunder; (ii) this Agreement constitutes a valid and binding obligation on you, enforceable against you in accordance with its terms; and (iii) the execution, delivery and performance of this Agreement does not constitute a breach or default of, or violate, any applicable laws.

  1. Limitation of Liability
    • You acknowledge and agree that the Telemedicine Service has certain inherent limitations as there is no physical examination or in-person consultation. In the event of any adverse event, faulty judgment, interpretation error, perception error, misdiagnosis, inefficacy of prescribed treatment, validity of the advice or prescription provided by the Medical Practitioner in your jurisdiction or unavailability of the recommended or prescribed treatment or medication, wearer not liable for the same, under any condition or circumstances, either in contract, law or equity.
    • Wearer not liable for any direct, indirect, punitive, incidental, special or consequential losses or damages, including without limitation, losses and damages arising in relation to loss of data or profits, arising out of, or in connection with, the use of the Website or availing Telemedicine Services.
    • We provide Telemedicine Services on “as is” basis and we expressly disclaim all representations, warranties, indemnities or conditions of any kind, either express or implied, as to the Telemedicine Services provided, the ownership and operation of the website, and the information, content, service provided through or in connection with the Website.
    • In no event are we responsible for any third party misuse for the data and for any acts, deeds and circumstances beyond our reasonable control, including security and data theft.
  2. Indemnity

You agree and undertake to indemnify and keep us and the concerned Medical Practitioner indemnified against any and all losses, damages, liabilities, costs and expenses, including reasonable attorney fees, that we or the concerned Medical Practitioner may incur or suffer on account of, in relation to, or arising from, (i) your use of the Website and, or, availing or attempting to avail Telemedicine Services from us; (ii) any misrepresentation, inaccuracy in or breach of any of the representations and warranties made by you under this Agreement or any breach by you of any term, covenant, undertaking or obligation contained in this Agreement and, or, breach of applicable laws; (iii) your failure to provide, in a timely manner, true, correct and complete information and documents; (iv) suppression of material facts by you or failure to provide relevant information and documents to us; (v) your failure to follow the directions / advice / prescription of the Medical Practitioner; (vi) incorrect or inaccurate payment details provided by you and, or, use of a bank account, credit / debit card which is not lawfully owned by you; and (vii) permitting a third party to use / access your account.

  1. Termination

We reserve the right to terminate the Telemedicine Services at any time without any notice, and for cause or without cause. We also reserve the right to refuse the provisioning of Telemedicine Services in case your conduct is deemed by us, in our sole discretion, to be in contravention of applicable laws or acceptable ethical or moral standards or if the information or documents provided by you is, or if we reasonably perceive such information or documents to be, false, deceptive, inaccurate or misleading.

  1. Amendment of Telemedicine Terms and Conditions

These Telemedicine Terms and Conditions may be amended at any time, without any prior notification to you. Please review the latest version of these Telemedicine Terms and Conditions available on the Website prior to availing any Telemedicine Service. If you avail or continue to avail Telemedicine Services, it is deemed that you have read and agree to abide by the modified Terms of Telemedicine Service effective available on the Website on the date of availing of such services.

  1. Governing Law and Jurisdiction

This Agreement, and all questions of its interpretation, are governed by the laws of India, and the courts at Chennai have exclusive jurisdiction in relation to any dispute arising out of, involving or relating to, or in connection with, this Agreement or the interpretation of any provisions of this Agreement, or the breach, termination or invalidity thereof.

  1. Miscellaneous
    • [The Telemedicine Services will be provided only to [persons residing in India] and we make no representation that the services are appropriate for patients in any other location.
    • The Parties agree that, having regard to all the circumstances, the covenants contained in this Agreement are reasonable and necessary for the protection of the Parties. If any such covenant is held to be void as going beyond what is reasonable in all the circumstances, but would be valid if amended as to scope or duration or both, the covenant will apply with such minimum modifications regarding its scope and duration as may be necessary to make it valid and effective.
    • The provisions contained in this Agreement are enforceable independent of each of the other provisions and its validity does not be affected if any of the other provisions are invalid. In case of any ambiguity or conflict between the provisions of this Agreement, such provisions should be read in a harmonious manner so as to ensure that none of the provisions of this Agreement become superfluous or redundant. However, if any of those provisions are void but would be valid if some part of the provision were deleted, the provision in question will apply with such modification as may be necessary to make it valid.
    • Nothing in this Agreement is to be interpreted or construed to create an association or partnership between the Parties, deem them to be Persons acting in concert or to impose any liability attributable to such relationship upon any of the Parties nor to constitute any Party as the agent of any of the other Parties for any purpose.
    • This Agreement constitutes the whole agreement between the Parties.

This Agreement is an electronic record in terms of the Information Technology Act, 2000 and the rules thereunder as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read this Agreement carefully and if you are not agreeable to any terms and condition contained herein then please do not proceed further. By clicking on “I Agree” button provided below and proceeding further, you signify that you have read through, understood and unconditionally and irrevocably accepted the terms and conditions set out in these Telemedicine Terms and Conditions, and the Terms of Use and Privacy Policy in their entirety. You must agree to the above terms and conditions in order to avail the Telemedicine Services through the Website. If you have any queries or need any clarification or assistance please contact us at [[email protected]].

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